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HEALTH AND SAFETY AT WORK: A BASIC HUMAN RIGHT

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 1 |16Document Created bychikaonuegbu.org |All Rights ReservedHEALTH AND SAFETY AT WORK: A BASIC HUMAN RIGHT

 by Hyginus Chika Onuegbu According to the principles of the United Nations, WHO and ILO, everycitizen of the world has a right to healthy and safe work and to a workenvironment that enables him or her to live a socially and economically productive life.  W H O   G l o b a l S t r a t e g y f o r O c c u p a t i o n a l H e a l t h 

Work  can only be decent if it is safe and healthy. Work that is well paidbut unsafe is not decent. Work practiced freely but which exposes workers tohealth hazards is not decent. A fair employment contract for a work thati m p a i r s o n e s w e l l  -being is not decent work.Decent Work must  be sa fe  work .   ILO on Right to Decent Work At least 45 workers lost their lives on the night of September 15 2002when a fire swept through a Nigerian plastics factory  West AfricaRubber Products Limited, 40 kilometres north of Lagos. The fire guttedthe factory and the adjacent Super Engineering Limited, both of whichare owned by a conglomerate based in Shanghai and Hong Kong ….According to Reuters, Nigerian newspapers put the death toll athundreds, saying that scores of night shift workers are still missing. 1. INTRODUCTION I consider it a great privilege to be invited to speak at this forum. I have been asked todeliver a paper titled

H e a l t h   a t   W o r k : A b a s i c   h u m a n   r i g h t  within the local themeRealising the point Agenda of the present administration. Having ruminated onthe topic and the theme I would like to appeal that you grant me the permission to amend

the topic to Heal th and   sa fe ty  a t  Work :  A bas i c human r ight . This is because I seea correlation between Safety and Health inthe workplace. It seems to me that discussinghealth at work without safety may not fully achieve the desired purpose. It alsoseems tome thath e a l t h a n d s a f e t y a t w o r k a r e a l m o s t i n s e p a r a b l e , w h i l e s a f e t y w i t h o u t s e c u r i t y i s a l m o s t u s e l e s s . Moreover in the past few years, PENGASSAN and indeed other workersunion, in the Niger Delta and Nigeria have come to realizethat security is an importantcomponent of safety, and that a workplace cannot be safe if it is not secured. Similarly aworkplace cannot be healthy if it is not safe.

 2 |16Document Created bychikaonuegbu.org |All Rights ReservedLet me also state that the subject of this seminar is timely and the forum at which it ispresented is commendatory for some reasons. First isthat as a Union Leader I have alwaysbelieved thatt h e s i n g l e m o s t i m p o r t a n t p r o t e c t i o n t h e S t a t e c a n g i v e t o a w o r k e r i s p r o t e c t i o n f r o m u n s a f e a n d u n h e a l t h y w o r k p l a c e. This is because the consequences of 

workplacefatalities, accidents, injuries, sickness and disease conditions are far reaching both to theindividual, the employer and the society. Second is that it is organized by the Federal Ministryof Labour and Productivity indicating that the Government sees a positive correlation betweenthe achievement of the seven point agenda of the present administration of Alhaji UmaruMusa Yar adua and  the Health and safety of workers at work. Third is that it provides anopportunity to restate the importanceof health and safety of workers especially in the midstof the global economic downturns whencompanies and employers are under pressure tocut cost and therefore undersevere temptation to compromise the health and safety of their workers. Moreover as aunion leader I have come toask time and time again-When cutting costs, why do safety,health and training have to go first? Does it mean they are nice to do items of the budget?Or is it an indication of the value placed onthe human life by employers of labour? Or is itone of those wrongpractices that are handed down from generation to generation withoutany challenge as to its usefulness?When President Umaru Musa Yar Adua came into office in 2007, he did not waste time toannounce the key focus of his Government via the Seven Point Agenda. It seems to me that theorganisation of this forum by a Ministry of the Federal Government could be an indication thatgovernment believes that the country would need a safe and healthy workforce to deliver on the7point agenda.T h i s c o u l d b e b e c a u s e w i t h o u t t h e s u p p o r t a n d c o o p e r a t i o n o f l a b o u r , t h e 7 p o i n t a g e n d a , a s l a u d a b l e a s t h e y a r e , w o u l d j u s t r e m a i n a d r e a m . The delivery of each aspect of the 7point agenda require human labour and it is importantthat the safety and health of these human beings are protected by the society andgovernment, as well as recognized as one of the basic human rights.W h e n a w o r k e r l e a v e s h i s r e s i d e n c e t o w o r k f o r t h e u p k e e p o f h i s f a m i l y a n d c o n t r i b u t e t o t h e e c o n o m y o f h i s s o c i e t y a n d n a t i o n , h e d o e s s o w i t h a b e l i e v e t h a t h e w i l l c o m e b a c k t o t h ew a r m e m b r a c e o f h i s f a m i l y a t l e a s t t h e w a y h e w a s w h e n h e l e f t t h e m .He does not expect that the

 workwill howsoever lead to his death or disability or injury or ill health. There is therefore nogainsaying that he has a right to demand this from the society and the nation and that hisemployer,the society and nation have a duty to ensure that this right to safety and health at workis respected. Anyakwe Nsirimovu (1997:14) has submitted that  m o r e t h   n   n y   i n s t i t u t i o n l g u r   n t e e s   r e s p e c t   f o r   h u m   n r i g h t s   m u s t   b e   i n h e r e n t   i n   t h e h   b i t s   n d d e s i r e s   o f   t h e p e o p l e o f   t h e   s o c i e t y . It was this understanding that gave riseto International Labour Organisation (ILO) conventions on Occupational Health and Safety.

 3 |16Document Created bychikaonuegbu.org |All Rights ReservedIt is also good to note that Nigeria has ratified some of the ILOConventions onOccupational Health and safety, although a lot are yet to be ratified. The NigerianGovernment has also enacted some laws to protect the safety and health of the workerssuch as the Factories Act, The Workmen s Compensation Act,Life Insurance provisionsunder the Pension Act of 2004 as well as the African Cha r t e r o n H u m a n a n d P e o p l e sRights (Ratification and Enforcement) Act. In addition, Bamidele Aturu (2005:233) arguesthat at common law the employer basically has a duty to provide a safe environment forthe workers to fulfil their obligations under the c

ontract of employment and of coursethe Collective Agreement of most unions recognize this duty of the employer in ensuringsafety and health at work.Before I continue, let me try to put forward some working understanding ofthe basicconcepts in this paper. What is Health? What is Safety? What is Human right?L e t m e a d d v e r y q u i c k l y t h a t I a m n o t a S a f e t y / H e a l t h P r a c t i t i o n e r a n d t h a t I w i l l n o t p r e t e n d t o b e   o n e . I a m o n l y a U n i o n l e a d e r a n d w i l l t h e r e f o r e a t t e m p t t o p r e s e n t t h i s p a p e r f r o m a L a b o u r a n d I n d u s t r i a l R e l a t i o n s p e r s p e c t i v e.2. CONTEXTUAL MEANING 2.1 HEALTH AND SAFETY: The generally accepted definition of health used by the World Health Organisation (WHO)is that it is  a state of complete physical, mentaland social well being and not merelyt h e a b s e n c e o f d i s e a s e   o r i n f i r m i t y   . A Healthy workplace, in my opinion, is one thatwill not adversely affect the physical, mental and social well-being of the worker, while asafe work place, also in my opinion, is one where harm, damage, or loss to the workers andvisitors is unlikely.F o r m e a s a f e a n d h e a l t h y w o r k p l a c e i s o n e , w h i c h w i l l e n s u r e t h a t a w o r k e r r e t u r n s h o m e a t l e a s t t h e w a y h e l e f t h i s h o m e i n t e r m s o f h i s p h y s i c a l , m e n t a l a n d s o c i a l c o n d i t i o n s .For me it also does not matter whether the factory or platform he workswas attacked by gun men or whether an equipment failure led to the loss/injury orwhether it was caused by the carelessness of his employer or even a co-worker orwhether the clinic at the worksite lacked the necessary drugs, equipment or doctor.

Allthat matters is that the man or woman did not return home at least the way he/she leftand/or that the workplace cannot reasonably be expected to guarantee that the man orwoman returns home the way he /she left.The ILO /WHO Committee on Occupational Heath (1995) advises that Occupationalhealth should aim at the promotion and maintenance of the highestdegree of physical,mental and social well-being of workers in alloccupations; the prevention amongstworkers of departures from health caused by their working conditions; the protection ofworkers in their employment from risks resulting from factors adverse to health; theplacing and maintenance of the worker in anOccupational environment adapted to his

 4 |16Document Created bychikaonuegbu.org |All Rights Reservedphysiological and psychological Capabilities; and, to summarize, the adaptation of work toman and of each m a n   t o   h i s   j o b

 2.2 HUMAN RIGHTS:Anyakwe Nsirimovu (1997:21) has argued, and I support his line ofreasoning, that HumanRights are founded in one single demand, that is,t h a t r e s p e c t i s s h o w n f o r h u m a n d i g n i t y u n d e r a n y c i r c u m s t a n c e .In recognition of this, Section 17 (2) (b) of the 1999 Constitutionof the Federal Republic of Nigeria requires that t h e s a n c t i t y o f t h e h u m a n p e r s o n s h a l lb e   r e c o g n i s e d   n d   h u m n   d i g n i t y   s h l l   b e   m i n t   i n e d   n d   e n h   n c e d The Internationallabour organization (ILO) also recognizes the dignity of the human person and hastherefore come up with ILO Conventions which are labelled core labour standards basedon human rights especially the respect for the dignity of labour. These Conventionsaddresses workers rights internationally in the following areas:1. The right to organize and bargain collectively2. The right to be free from slavery or bounded labour3. The effective elimination of worst form of child labour4. The right to be free from discrimination5. The right to written particulars of employment6. Right to minimum period of notice7.

 Right to redundancy pay8. Right not to be unfairly dismissed9. Right to maternity leave10. Right to health and safety at work. M y f o c u s i n t h i s p a p e r i s o n t h e R i g h t n u m b e r 1 0 - R i g h t t o H e a l t h a n d s a f e t y a t w o r k. It is very comforting to note that Section 17 3) b and c ) of the 1999 Constitution of theFederal Republic of Nigeria also recognises this right and requires that the conditions ofwork arejust and humane,… and that the health, safety and welfare of all persons inemployment are safeguarded and not endangered or abused. The right to health and safety at work requires that employers ensure that so far as isreasonably practicable the workplace, machinery, equipment and processes under them

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