Global Work-Life Balance

Anshi Beohar*

---

“Capitalism puts things (capital) higher than life (labor). Power follows from possession, not from activity”, wrote Erich Seligmann Fromm, a psychologist and social philosopher of the twentieth century in his book, On Disobedience and Other Essays.

The Global Rights Index by the International Trade Union Confederation (ITUC) has documented that in 97 out of the 148 countries assessed, workers were denied access to justice and in 50 countries, workers were exposed to violent attacks in relation to their work or at the workplace. This points to the fact that legislative reforms are the need of the hour¹ , especially since free speech, freedom of assembly and workplace democracy are under attack.

In ideal conditions, an employer is responsible for the welfare of the workers, and is also required to provide a safe work environment. National and supranational laws have provisions to ensure that worker safety and health is maintained. However, the condition of the working class today is bleak, as the neoliberal economics reinforces the view that the primary responsibility of the capitalist class is to maximise the shareholder value.

Industrial workers risk physical as well as psychological ill health. Some general safety health practices are followed by most employers. The most significant of these is to identify potential hazards and the likelihood of their occurrence, and based on that assessment, implement risk management and mitigation measures. Additionally, training and provision of safety gear as well as health and wellness programmes for workers add another layer of protection. In case of accidents, transparent reporting, investigation and accountability, followed by assistance to the injured, pecuniary or otherwise, is the norm in most countries.

The International Labour Organization (ILO) has set labour standards for its 187 member states. It has provided the legal framework for workplace health and safety, with the intention of protecting workers. In the profit-centric approach of capitalism, today, ensuring the health and safety of industrial workers is not merely a moral obligation but a legal mandate for employers. The Constitution of the ILO sets forth the principle that workers must be protected from sickness, diseases and injuries arising from their employment. Despite this, recent ILO estimates indicate that 2.78 million work-related deaths take place every year² .

International Labour Organization

In 1981, the ILO held its Convention 155 on Occupational Safety and Health. C155 is a comprehensive agreement on protecting the health and safety of industrial workers. The convention urges member states to take measures to prevent industrial accidents and occupational disease, including the provision of adequate inspection and enforcement mechanisms. It also requires governments to ensure that workers have access to information and training on health and safety. C 155 also emphasised the need for employers to be proactive in identifying and addressing risks, establishment of health and safety committees and the provision of information and training. In 2002, a protocol was issued that called for the establishment and the periodic review of procedures for recording occupational mishaps, and the publication of relevant statistics.

Aside from this, ILO has created several conventions for specific protections. The Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 provides that, as far as possible, the working environment shall be kept free from hazards due to air pollution, noise or vibration. Similarly, the Asbestos Convention, 1986, Chemicals Convention, 1990, Safety and Health in Mines Convention, 1995 and Safety and Health in Agriculture Convention, 2001 were meant to protect workers in their specific domains. Additionally, Radiation Protection Convention, 1960 and Occupational Cancer Convention, 1974, have a specific purpose of providing protective measures against radiation and occupational cancers, respectively. Member states are obliged to protect workers from unnecessary radiation and periodically determine carcinogenic substances and regulate or prohibit exposure to such agents. The Promotional Framework for Occupational Safety and Health Convention, 2006 focuses on establishing and implementing coherent national policies on occupational safety and health through dialogue between government, workers’ and employers’ organisations³ .

However, these conventions are not legally binding on member countries unless they are ratified by national legislatures and enacted as law. Most countries have Constitutional provisions for labour rights that create detailed health and safety norms for workers. Some countries also direct individual sectors and organisations to create their own health and safety protocols. A brief summary of the OSH policies of various countries is as follows:

The United Kingdom

In 1802, the Health and Morals of Apprentices Act was passed⁴ . While the terms are unacceptable by today’s standards, it was then a step in the right direction. This law was the first of its kind in the world, and it set a precedent. Presently, the Health and Safety at Work Act, 19745 places specific responsibilities on employers to evaluate, avoid and reduce workplace risks. While no mandatory medical surveillance is required in the UK, the law allows employers to record work-related accidents, occupational diseases, etc. and conduct surveillance based on risk assessment or medical records.

European Union

The European Union (EU) has established extensive OSH regulations to protect industrial workers. The European Agency for Safety and Health at Work, the EU-OSHA⁶ has been tasked with activities ranging from campaigns and surveys to awareness initiatives. The purpose is to promote a culture of risk prevention and improve the work environment across the European Union. In 2019, EU-OSHA marked 25 years of effort at making the EU a safer zone for workers.

Interestingly, EU-OSHA also includes workers in the micro, small and medium-sized enterprises (MSME) within its ambit, unlike the labour laws of several other nations. The EU’s framework directive on health and safety at work sets out the general principles for workplace health and safety, and individual member states are responsible for implementing these principles through their own laws. Employers are required to identify and assess workplace hazards, implement measures to mitigate them, and provide training and education to workers on health and safety matters. Employers are also required to provide appropriate personal protective equipment (PPE) to workers who are exposed to workplace hazards. The EU also provides funding and support for research and development of occupational safety. This research helps to identify emerging hazards and develop new technologies and practices to mitigate them.

France

France has a long history of protecting the health and safety of its workers. In 1841, the French government passed a law requiring all factories to provide safe and healthy working conditions for their employees⁷ . The Code du Travail provides for the safety of the physical and psychological health of workers. French law mandates disclosure of information outlining the specific risks associated with industrial jobs and the measures that will be taken to protect employees. The employers are obliged to provide a document unique d’évaluation des risques professionels (DUERP), in writing that mentions all the workplace hazards and is updated regularly as well as conduct regular health surveillance of employees, in addition to offering appropriate training to deal with them⁸ .

Denmark

The Arbejdstilsynet, the Danish Working Environment Authority (WEA), works for a healthy and safe working environment through inspections, legislation and awareness⁹ . Denmark has created detailed regulations for electing health and safety representative and forming health and safety /committees within companies to ensure internal monitoring. The Arbejdstilsynet also coordinates with foreign employers and employees about the regulations for working in Denmark. The Danish WEA contributes to drafting and reforming health and safety regulations in order to make them more understandable and targeted. The Danish Working Environment Research Fund, Arbejdsmiljøforskningsfonden, has prioritised preventing work accidents, creating psychologically secure working environments, addressing musculoskeletal disorders and OSH instruments.

Norway

Norway is a member state of the European Economic Area (EEA) and EEA members generally follow the norms established by the EU¹⁰. The Norwegian Working Environment Act is intended to ensure secure conditions of employment, a safe working environment and a meaningful work situation for all employees. The law governing health and safety of industrial workers in Norway is among the most stringent in the world. It imposes responsibilities on employers, including the need to carry out risk assessments, provide information and training to workers, and have an effective system in place for dealing with health and safety issues. They are supposed to take all reasonable steps to protect their workers from injury and disease and protect workers from physical and psychological health risks¹¹.

Switzerland

accidents and disease is covered by the Accident Insurance Law¹³. The Federal Coordination Commission for Occupational Safety (FCOS) is the central coordinating office for safety and health at work. FCOS coordinates preventive measures, and their decisions are binding.

The United States

The United States has a comprehensive legal framework to protect the health and safety of industrial workers. The Occupational Safety and Health Administration (OSHA) is the federal agency responsible for enforcing workplace safety and health regulations¹⁴. OSHA sets and enforces standards, provides training and education, and conducts inspections under the Occupational Safety and Health Act, 1970. OSHA’s regulations cover a wide range of workplace hazards, including physical, chemical, and biological hazards.

OSHA’s enforcement ensures that employers comply with laws that protect workers from workplace hazards. OSHA conducts inspections of workplaces to ensure that employers are complying with the law. Employees can approach OSHA and file complaints flagging violation of OSHA regulations by their employer. The complaints are investigated and appropriate action is taken.

The 1970 Act also established the National Institute for Occupational Safety and Health (NIOSH), a research agency focused on studying labour safety and health, and empowering employers and workers to create safe and healthy workplaces. The NIOSH is a part of the Centers for Disease Control and Prevention (CDC), in the US Department of Health and Human Services.

Japan

In 1972, the Japanese Industrial Safety and Health Act (JISHA)was created to ensure occupational safety and health. Since the inception of the Act, workplace deaths in Japan have been reducing steadily¹⁵. Japan is one of the most stringent and meticulous nations in the world, when it comes to the health and safety of industrial workers. It endeavours to create not just a safe but a comfortable workplace for employees. The Act prescribes that the Minister of Health, Labour and Welfare should formulate an OSH Program in consultation with the Labour Policy Council and the 13th Occupational Safety & Health Program ran between 2018 and 2022 that aimed to reduce fatalities by at least 15 percent and casualties by 5 percent.¹⁶

In 2008, JISHA established the International Affairs Center for promoting international activities around industrial safety and health, organising exchange programmes with overseas OSH organisations, encouraging technical cooperation to assist developing countries and providing consultation services for Japanese companies¹⁷.

The Research Institute of Industrial Safety was founded in 1942 at Tokyo by the then Japanese Ministry of Welfare, and the Division of Occupational Safety and Health under the Labour Ministry formed the Silicosis Laboratory in 1949. The institutes were amalgamated in 2006 into the National Institute of Occupational Safety and Health, Japan (JNIOSH)¹⁸. JNIOSH is the premier research institute for occupational safety and health in Japan and contributes to the protection of workers’ safety. Its work has contributed to the reduction of the risk of industrial accidents and diseases and created a safer work environment.

New Zealand

The Health and Safety at Work Act, 2015 sets out the main principles for protecting workers’ health and safety. It emphasises the shared responsibility between employers, workers and the government to maintain a healthy and safe work environment. There are a number of specific regulations covering particular risks and hazards in the workplace.

The New Zealand Ministry of Business, Innovation and Employment is responsible for workplace health and safety strategy, policy and legislation. In 2013, an independent taskforce on workplace health and safety reported that New Zealand’s work health and safety system was failing. The country thereafter underwent significant reforms, leading to the formation of the 2015 Act and Mahi Haumaru Aotearoa, or WorkSafe, the primary workplace health and safety regulator¹⁹.

Conclusion

The health and safety of workers is crucial to ensure their well-being and productivity. A common misconception is that since occupational safety only affects workers, the employer only needs to find a replacement. However, occupational injury or disease does not necessarily lead to the termination of employment. In fact, aside from compensation, the employers also face loss of skilled staff, absenteeism and early retirements. Where critical cases or a large number of workers are involved, the employers are confronted with lost work days, interrupted production and occasional criminal charges.

It is in the best interests of both employers and workers to establish a safe work environment. Through proper compliances, implementation of the laws and the appropriate risk management and mitigation measures, accidents could be prevented and the workplace could be made safer and healthier.

Endnotes

• https://files.mutualcdn.com/ituc/1. International Trade Union Confederation (2022). 2022 ITUC Global Rights Index. Retrieved June 23, 2023 from https://bit.ly/44UHnSY
• International Labour Organization. International Labour Standards on Occupational Safety and Health. Retrieved June 22, 2023 from https://bit.ly/44PpJjK
• UK Parliament. Early Factory Legislation. Retrieved May 25, 2023 from https://bit.ly/3DoP5ZI
• Health and Safety at Work etc. Act 1974. Retrieved May 25, 2023 from https://bit.ly/3KcHYHU
• European Agency for Safety and Health at Work About EU-OSHA. Retrieved April 29, 2023, from https://bit.ly/3QrGTQv
• International Labour Organization (2005). The Global Challenges of Labour Inspection. Labour Education 2005/3-4, No. 140- 141. Retrieved May 27, 2023 from https://bit.ly/3DnmMuZ
• République Française. Santé et Sécurité au Travail. Retrieved May 27, 2023 from https://bit.ly/3K9wEMB
• Arbejdstilsynet - Work Environment in Denmark. Retrieved Apr 30, 2023 from https://bit.ly/46VUkOp
• European Agency for Safety and Health at Work. National Focal Points. Retrieved June 14, 2023 from: https://bit.ly/451Nipv
• International Labour Organization. Norway- 2016. In LEGOSH- Occupational Safety and Health. Retrieved May 31, 2023 from https://bit.ly/3pRQ81u
• Supra Note 10
• International Labour Organization. Switzerland- 2013. In LEGOSH- Occupational Safety and Health. Retrieved June 05, 2023 from https://bit.ly/44Yb7i0
• Occupational Safety and Health Administration (2023). Workers’ Rights. OSHA 3021-02R 2023. Department of Labor, United States of America. Retrieved May 29, from https://bit.ly/474UwL2
• Ojima, Jun (2020). Features of the Japanese Industrial Safety and Health Act: Some Key Points Regarding the Organization of Safety and Health Management. Ind Health, 2020 Sep; 58(5): 479–486. Retrieved April 25, 2023 from https://bit.ly/3Kdp1Vj
• The 13th Occupational Safety and Health Program (Outline). Japan Industrial Safety and Health Association. Retrieved April 25, 2023 from https://bit.ly/3q0CgSw
• JISHA:Roles of the International Affairs Center. Japan Industrial Safety and Health Association.Retrieved April 24, 2023, from https://bit.ly/3Y6Iug9
• History of JNIOSH. National Institute of Occupational Safety and Health, Japan. Retrieved April 14, 2023 from https://bit. ly/3pZUovI
• Worksafe. Retrieved April 15, 2023 from https://bit.ly/43AJbiV

---

NEXT »

Common Cause Updates >>