Human Rights Monitor
Work-safety at risk
Ershadul Alam and Sharmila Islam
(...From previous issue)
Introducing safety law is not a new dimension in employment sector. Some countries have introduced a high standard of safety measures for their employees in accordance with the law. Beside the law, both short-term and long-term policies were taken by those countries. Laws on occupational health and safety at work have derived from the theoretical concept of rights-based approach pioneered by the western jurisprudence. That's why it is more popular in western jurisprudence than in other school of thoughts. Britain, in 1974, has enacted the Law on Health and Safety at Work to focus the rights of the employees at work. The objective of the Act was to make necessary arrangements to ensure safety for the large amount of the population who are engaged in different jobs in the country.
The role of the judiciary is vital in protecting the rights of the workers and their safety. The positive approach of the judiciary in some countries has paved the way for employment safety. The limitations of the law have been overcome by the progressive judicial interpretation by the judges. The judiciary of India has been playing such role by interpreting different legal and constitutional provisions in its delivery of judgment. The rights and realities of the workers have been recognized in some judgments like Consumer Education Research Center Vs. Union of India. The court has given a very wider explanation of article 21 of the constitution. Rights of the workers have also been preserved in the preamble and in the directive principles of state policy chapter of the constitution of India. Though the rights in this chapter are not fundamental in nature, but in directive in nature. The constitution suggested for required enactments to be made by the state to ensure safety and health of the workers.
State responsibility is also ensured in the US. A safe and secured working place is ensured in the country by way of law. There is a provision for an administrative authority to monitor any breach of the law in the work place and if any breach is observed, the offended or any employee can report to it.
The peculiarity of most European law on employment safety is the pre-assessment of the risk in a particular factory or work place. Based on the production pattern and risk factor involved in the job, pre-assessment is made and specific requirement of safety measures are suggested accordingly. The assessment is to be made periodically as per requirement. The idea of assessment and periodical review is also found in the ILO convention of 1981 (Article 7).
ILO is the umbrella organization to deal with the workers' rights and employers' duties all over the world. The organization has accepted the Occupational Safety and Health Convention in 1981. Under article 4 of the convention, all member states are responsible to formulate, implement and periodically review a coherent national policy on occupational health, safety and working conditions. As per Article 4 of the Convention, the member states need to formulate necessary laws and regulations to protect the rights of the employees. Adequate penalties are also prescribed in the convention (Art 9). At least a tri-partite form of responsibility involving employer, employee and state has been set-up in the Convention.
The Labour Inspection Convention of 1947 is the key instrument to monitor observance of law in the work place. Bangladesh has ratified it in 1972. But the role of the labour inspection is not visible in our country.
Without replacing national laws and accepted national standards, 'ILO Guidelines' on Occupational Safety and Health Management System has been accepted. The OSHMS was accepted to set up a unique international model of workplace in national level. Beside those conventions, guidelines etc, ILO has issued more than 30 Codes of Practice on OHS.
Relation between occupational safety and employment is an established tool in modern international labour rights instruments. Without realizing the rights of the workers, the concept of human rights cannot be materialized, rather it will remain as rhetoric. Ensuring employers' safety and compensation is most important factor to reach at a level of sustainable human development. The responsibility lies with the modern democracies those bear respect for human rights.
The writers are Lawyer and Journalist respectively.
