Protecting Workers RightsIn Construction

IFBWW OSH Training

Tanzania March 2005

working life in construction

 

Construction provides much needed employment for many of the world’s poorest and most vulnerable people.

111 million workers 75%in developing countries

Construction provides work for low skilled or entry level workers

Of special importance for the landless poor Large numbers of rural - urban migrants

look for work in construction The industry is dominated by micro

enterprises 90% of firms have less than ten workers Workers are recruited through intermediary

agents, labour only subcontractors or directly at pick up points for day labouring

Decent Work

 

This is the main policy agenda of the International Labour Organisation. Decent Work applies to all workers, including those on daily wages and in very temporary, informal employment.

Decent Work is work that is carried out in a safe physical environment with conditions which respect the rights of workers as defined in national law and international conventions.

Reality is far from decent

Employment is almost completely informal. No social or legal protection.

Exploitative, dangerous, dirty working conditions

Inhumane living conditions, no amenities, water, shelter

Hazardous Child labour in brick kilns and quarries, roads and infrastructure

Reality is far from decent

Bonded Labour through debts and advances, especially with migrant labour

Discrimination in employment and Inequality in wages

Exploitative wages and long working hours

Active hostility towards workers who try to organise

International Labour Standards

The ILO Declaration of Fundamental Principles and Rights at Work (1998)

Core Labour Standards cover four areas and are defined in eight ILO Conventions

Freedom of association and the effective recognition of the right to collective bargaining,

Elimination of forced or compulsory labour, Abolition of child labour Elimination of discrimination in respect of

employment and occupation.

Other Key ILS Health, Safety and welfare of the workforce to

be protected Wages to be paid in full and on time, to meet

legal minima and be sufficient for basic needs. Working hours to be limited; overtime to be

paid All relevant social security regimes to be

applied to all workers without distinction. Rights to Workers’ Representation Convention 94 Labour Clauses in Public

Procurement

Working Conditions:

 

Every year over 100,000 construction workers are killed in site accidents

Almost all of these deaths are foreseeable and preventable

Routine work - well known hazards - but no collective prevention measures…..

Falls: roof work, no edge protection Inadequate, unguarded scaffolding Unprotected openings and shafts Inappropriate use of ladders Excavations: not shored up, unstable Struck or crushed by objects, materials, walls

or vehicles. Electrocutions

Invisible and ignored

work related ill health accounts for many hundreds of thousands of premature deaths. Asbestos diseases alone kill about 100, 000 people every year

yet….Published data grossly underestimates

the real number of accidents, and reporting of work related ill health is practically non existent.

Building Ill Health Deafness Vibration syndromes Back injuries Musculo skeletal disorders Respiratory illness, asthma,silicosis, asbestos

diseases, lung cancer, asbestosis, mesothelioma

Central nervous system disorders Reproductive ill health Renal, hepatic,cardio-vascular problems Dermatitis HIV AIDS, malaria,tuberculosis.

Why lack of prevention?� Deregulation, downsizing and outsourcing

� Reduced budgets and unfair competition

� Penalty clauses and time pressure

�Precarious contractual conditions

�Low trade union density, low social status

�Governments passive and permissive

Leading to chaotic working conditions. Lack of:

� Compliance with basic legislation. � Planning and co-ordination.� Responsibilities and management

system for health and safety� Investment in prevention measures � OHS policy, supervision and instruction, information and training.� Possibility for workers to exercise their

rights.

Costs at macro economic level

Prevention of injuries and ill health is a development issue

4% GDP of any nation lost on workplace accidents and ill health

A practical area for immediate improvements and tangible benefits to the poor

Exploitative employment and labour practices�Precarious contractual conditions, informal work, rural - urban migration� Workers seen as a cost by employers�Productivity and time pressure�Low trade union density, low social status of construction workers, poverty, lack of respect for human and trade union rights�Governments passive and permissive on workers rights and social protection

The role of GovernmentsLegislation, policy and tripartite

structures

Establish Tripartite National Legislative and Policy agenda on OHS and Welfare

Sector- specific tripartite bodies, such as: Advisory Committees,National Interest Groups, Construction Industry Development Boards and Training Boards

Role of Governments

 

Ratification, transposition and practical implementation nationally of relevant ILO Conventions, Recommendations, Codes of Practice and Guidelines.

(Convention 167 and Recommendation 175 on Safety and Health in Construction, 1988. Code of Practice on Safety and Health in Construction 1991. Abundant Guidance on making construction work safe).

Legislation

 

Promotion activities: guidelines, information, training and qualifications, assistance, inspections. Targeted campaigns on specific hazards and prevention measures.

Enforcement and real deterrents: the fear factor: costs of fines and compensation, social stigma and loss of license or liberty for negligent employers.

Employers Organisations

Institutional participation on legislation and policy

Promotion of compliance and good practice in the industry

Mandatory training and skills certification

Compulsory employers liability insurance

Employers OrganisationsCollective Bargaining

Recognition of trade unions for collective bargaining and workers participation in prevention on site.

Establishment of Health and Safety Policies,

internal regulations, Health and Safety management Systems and Joint Health and Safety Committees.

Informality and cut-throatcompetition undermine rights

There is an extremely high level of competition in the construction industry and contractors win bids by lowering their costs.

Labour is a major component of these costs.

Construction contract

Thus the winning tender may well be the one which pays the lowest wages, does not provide safety equipment or have coverage for accidents, and which has the largest proportion of informal workers, for whom no tax or social security is paid, and who are not covered in practice by any legal or social protection.

Construction contract In this situation, the construction contract

becomes a potentially important mechanism for the implementation of labour laws and improving conditions

There is a clear need for clauses that relate specifically to labour standards to be included in the contract documents.

Standard bidding documents; construction contract general conditions and particular conditions; plans and specifications

Health, safety and welfare costs should be included as mandatory components in tender documents Sanitation, water, food and shelter .First aid and health services.Planning, co-ordination and operation of

health and safety management system including training and workers participation

Collective and individual measures to protect workers safety and health.

Evaluation of tenders on OHS

Selection criteria for tenders should include past performance and current capacity on OHS and welfare

Volume and type of past output, OHS policy, budget, resources, system and structure, reporting system including near misses, accident performance, worker training and consultation.

OHS targets should be audited against each contractor on site;

Demonstrated commitment to OHS through policy, management, skills levels.

Ensure structures and and resources to implement policy and comply with law

Ensure communication and co-ordination between contractors and the participation of workers, including induction training

Conditions of tender on OHSProject specific health and safety

proposals for addressing points in tender

Create and maintain a Health and Safety Plan which includes health and safety policy, risk assessments and prevention measures

Present detailed health and safety Plan before work starts.

Construction contract This places formal responsibility on the

contractor, but it is important to develop a process around the contract, which involves awareness raising, training and capacity building for the client, engineer, contractor and employer, as well as for the workforce, and which puts in place agreed mechanisms for monitoring compliance.

Safety Representatives on site

Low union density is a key factor in explaining the poor safety standards in our sectors

Informal workers are widely dispersed in small companies and worksites. The use of casual and temporary labour, subcontracting chains and informal labour, creates an increasingly complex working environment where unions represent workers across multiple employers.

Unions at branch or regional level should be

able to provide an appropriate union representative to support all members of that union wherever and for whomever they work. But they need reasonable rights of access to workplace. And they need to be trained.

Roving Safety Representatives

Role of the Safety Representative

Participate in Health and Safety Committee Inspections, health /symptom surveys,

accident book, documentation, reports and recommendations

Information, training and communication with workers on health hazards and the prevention measures to be taken.

Represent workers interests, including the right to refuse dangerous work without victimisation