scholarly journals Protection for Migrant Workers under Evolving Occupational Health and Safety Regimes in China

2017 ◽  
Vol 72 (1) ◽  
pp. 56-76 ◽  
Author(s):  
Mankui Li

Migrant workers in China are a distinctive group due to the existence of the hukou system under which they continue to face restrictions on housing, education, and health care in urban areas. The equal employment legislation does not solve the discrimination problems. Compared with their urban counterparts, migrant workers are more vulnerable, in terms of both precarity of employment and the occupational hazards that they are exposed to, and badly need OHS protection. Any weakness of OHS regime will have a disproportionately adverse effect on migrant workers. China’s OHS regime has been through constant evolution. The old prevention structure, which separated occupational health from occupational safety, was proved to be less effective in protecting migrant workers. In recognition of its deficiencies, China’s top legislature made adjustments to the OHS legal framework by enacting and updating a series of laws. The new prevention structure, unifying the occupational health administration and the occupational safety administration, represents a step forward in terms of OHS protection for migrant workers. According to worker citizenship theory, China’s OHS regime can be categorized as a direct state regulation model. It carries with it both the strengths and weaknesses of direct state regulation models. On the participation rights dimension, the lack of consultative joint OHS committees and the lack of effective collective bargaining shut migrant workers out from the decision-making process on OHS matters. On the social rights dimension, the gendered and aged-based approach becomes a hindrance for female migrant workers and young migrant workers. Furthermore, levels of enforcement vary considerably across different periods and areas, subject to the ever-changing priorities on the government’s agenda. Migrant workers are still facing tremendous obstacles and challenges in obtaining access to adequate protection under the current OHS regime in China. Future reform measures should focus on delivering OHS protection for migrant workers in the informal sector, strengthening participation, and centralizing OHS administration, especially enforcement.

2021 ◽  
Vol 6 (26) ◽  
pp. 48-60
Author(s):  
Aminuddin Mustaffa ◽  
Cherifi Noura ◽  
Md. Mahbubul Haque

The migration of people to other countries in search of employment is a common phenomenon that has occurred throughout history. While migration is a positive and empowering experience, migrant workers can be vulnerable to human rights violations. In this context, international laws have provided the international legal framework on the rights of migrant workers. Among the fundamental rights of migrant workers is the right to occupational health and safety within which a worker is expected to perform his job. This paper aims to examine the right of migrant workers to occupational health and safety in light of international standards and Malaysian laws. It adopts qualitative research of doctrinal and comparative nature. It will examine the adequacy of current laws in recognizing and protecting the rights of migrant workers to occupational safety and health with reference to the standards set by the international instruments. The paper also attempts to identify factors that contributed to the high number of occupational accidents. The paper concludes that the current Malaysian laws provide a specific legal framework that aims to protect the right of migrant workers to occupational health and safety. However, non-compliance with law requirements and lack of enforcement has contributed to the high number of occupational accidents. In conjunction with that, the paper provides recommendations towards improving the Malaysian legal framework on occupational health and safety.


2014 ◽  
Vol 4 (4) ◽  
pp. 21 ◽  
Author(s):  
Priscilla Wanjiku Ndegwa ◽  
Wario Guyo ◽  
George Orwa ◽  
Robert Ng’ang’a ◽  
Elishba Muthoni Murigi

Recent trends in the organization of work have increased the risk of occupational safety and health (OSH) in Kenyan industries through exposure to hazardous substances, work related accidents and increased stress-related illnesses. According to International lab our organization (ILO) everyone is entitled to the right to safe and healthy working conditions and therefore the corpus of law in Kenya dealing with occupational safety and health should be embedded in the international OSH legal instruments. Specifically the occupational health and safety Act (2007) is expected to provide for safety, health and welfare of workers and all persons lawfully present at workplaces. The purpose of this study therefore was to investigate legal framework as a determinant of implementation of occupational health and safety programmes in the manufacturing sector in Kenya. It focused on six legal areas predicted as affecting implementation of OSH. These factors were national OSH policy, OSHA (occupational safety and health Act) familiarity with OSHA, government OSH inspections and audits, ease of implementation of OSHA, Government support in the implementation of OSH and OSHA implement ability. The study adopted descriptive cross-sectional survey design but however intended to gather both qualitative and quantitative data. A self administered questionnaire was used to collect data from 257 OSH officers drawn randomly from 735 manufacturing industries registered by Kenya manufacturers association. 252 questionnaires were received back and analyzed with the help of SSPS window version 21. Both correlation and regression analysis were conducted and the results showed that there was a positive significant relationship between legal framework and implementation of OSH programmes. 


Author(s):  
Emily Q. Ahonen

Occupational health and safety concerns classically encompass conditions and hazards in workplaces which, with sufficient exposure, can lead to injury, distress, illness, or death. The ways in which work is organized and the arrangements under which people are employed have also been linked to worker health. Migrants are people who cross borders away from their usual place of residence, and about one in seven people worldwide is a migrant. Terms like “immigrant” and “emigrant” refer to the direction of that movement relative to the stance of the speaker. Any person who might be classified as a migrant and who works or seeks to work is an immigrant worker and may face challenges to safety, health, and well-being related to the work he or she does. The economic, legal, and social circumstances of migrant workers can place them into employment and working conditions that endanger their safety, health, or well-being. While action in support of migrant worker health must be based on systematic understanding of these individuals’ needs, full understanding the possible dangers to migrant worker health is limited by conceptual and practical challenges to public health surveillance and research about migrant workers. Furthermore, intervention in support of migrant worker health must balance tensions between high-risk and population-based approaches and need to address the broader, structural circumstances that pattern the health-related experiences of migrant workers. Considering the relationships between work and health that include but go beyond workplace hazards and occupational injury, and engaging with the ways in which structural influences act on health through work, are complex endeavors. Without more critically engaging with these issues, however, there is a risk of undermining the effectiveness of efforts to improve the lot of migrant workers by “othering” the workers or by failing to focus on what is causing the occupational safety and health concern in the first place—the characteristics of the work people do. Action in support of migrant workers should therefore aim to ameliorate structural factors that place migrants into disadvantageous conditions while working to improve conditions for all workers.


The article deals with the issue of state regulation over the construction products industry. Analysis resulted in the identification of two main forms of regulation: tariff and non-tariff regulation. Global practices show the effectiveness of non-tariff regulation in the construction industry. Being a WTO member, Ukraine has to implement the legal framework of non-tariff regulation, in regards to those aspects contributing to compliance with the rating and standards of the European Union to ensure the quality of products. The main objective of non-tariff market regulation is to ensure the quality of finished products, environmental protection, health and safety of life. The national system of regulation, including technical rate-setting of the construction products manufacturing must comply with the international documents ratified by Ukraine. The article analyzes the domestic legal framework and proposes an algorithm for designing a national system of non-tariff regulation in accordance with international rules and standards.


Author(s):  
Dhimas Herdhianta ◽  
◽  
Hanifa Maher Denny ◽  
◽  

ABSTRACT Background: Hospital occupational health and safety is all activities to ensure and protect the safety and health of hospital human resources, patients, patient companions, visitors, and the hospital environment through efforts to prevent occupational accident and occupational disease in the hospital. It is necessary to support resources, organization, and policies in the implementation of occupational safety and health in hospitals in order to create a safe, secure and comfortable hospital condition. This study aimed to analyze the implementation of occupational safety and health at Hospital X Semarang, Central Java. Subjects and Method: This was a qualitative study conducted at Hospital X Semarang, Central Java. A total of 6 informants consisting of the main informants (members of the hospital occupational health and safety team) and triangulation informants (head of the hospital occupational health and safety team) were enrolled in this study. The data were obtained from in-depth interview method. The data were analyzed descriptively. Results: The hospital already had and provided the special budget needed in the field of hospital occupational health and safety, such as 1) Activity and provision of hospital occupational health and safety infrastructure; 2) Human Resources (HR) and assigns personnel who have clear responsibilities, authorities, and obligations in handling hospital occupational health and safety; 3) Hospital occupational health and safety official team but with double work burden; and 4) Policies were owned and compiled in written form, dated, and endorsed by the main director as well as commitment from the top leadership. Conclusion: The implementation of occupational safety and health in hospital X is quite good. Meanwhile, there is still a double work burden and have no independent hospital occupational health and safety team. Keyword: resources, organization, policy, work safety, occupational health, hospital Correspondence: Dhimas Herdhianta, Masters Program of Health Promotion, Faculty of Public Health, Universitas Diponegoro. Email: [email protected]. Mobile: 085749312412 DOI: https://doi.org/10.26911/the7thicph.04.09


2020 ◽  
Vol 14 (S14) ◽  
Author(s):  
Netsanet Workneh Gidi ◽  
Anna Suraya ◽  
Beatrice Mutayoba ◽  
Bernarda Espinoza ◽  
Bindiya Meggi ◽  
...  

AbstractThe international CIHLMU Occupational Safety and Health Symposium 2019 was held on 16th March, 2019 at the Ludwig-Maximilians-Universität Munich, Germany. About 60 participants from around the world representing occupational health and safety professionals, students, instructors from several institutions in Germany and abroad, attended the symposium.The main objective of the symposium was to create awareness on global challenges and opportunities in work-related respiratory diseases. One keynote lecture and six presentations were made. While the keynote lecture addressed issues on occupational diseases in the twenty-first century, the six presentations were centered on: Prevention and control of work-related respiratory diseases, considerations; Occupational health and safety in Mining: Respiratory diseases; The prevention of TB among health workers is our collective responsibility; Compensation and prevention of occupational diseases and discussion on how artificial intelligence can support them: Overview of international approaches; Work-related Asthma: Evidence from high-income countries; and The role of imaging in the diagnosis of work- related respiratory diseases. A panel discussion was conducted following the presentations on the importance and challenges of data acquisition which is needed to have a realistic picture of the occupational safety and health status of workers at different levels. The current summary is an attempt to share the proceedings of the symposium.


Author(s):  
H. J. Lipscomb ◽  
J. M. Dement ◽  
C. A. Epling ◽  
M. A. Mcdonald ◽  
A. L. Schoenfisch

In 1989, North Carolina Occupational Safety and Health Administration (OSHA) inspectors cited two poultry processing plants in northeastern North Carolina for serious repetitive motion problems. In 1990, investigators from the National Institute for Occupational Safety and Health confirmed significant upper extremity musculoskeletal symptoms and disorders among workers. We now report on analyses of baseline data collected from a cohort of women employed in one of these plants. The plant, which is the largest employer of women in the area, is located in a sparsely populated area with a black majority where nearly one-third of the population lives below the poverty level. Conditions we report suggest failure of existing health and safety systems, both regulatory and consultative, to prevent morbidity among vulnerable women in this industry, as well as social and economic conditions that influence availability of work and use of benefits to which they are entitled.


2019 ◽  
Vol 290 ◽  
pp. 12020
Author(s):  
Nicoleta Paula Neag ◽  
Alin Gaureanu

European directives related the occupational health and safety set out minimum requirements and fundamental principles, for managing the specific problems related to occupational risks, principle of prevention and risk assessment, as well as the responsibilities of employers and employees. A series of European guidelines aims to facilitate the implementation of European directives, including standards of related fields. The European Union Strategic Framework on Health and Safety at Work 2014 – 2020 has pushed the Member States to review their national strategies in close consultation with relevant stakeholders including the social partners. Thus, national strategies must transfer and customize the European vision to the national culture and specifics, considering the European framework that acts as a common guide and reference. Romania has adopted several versions of the National Strategy for Health and Safety at Work and the last one is related to the 2018 - 2020 period. Based on this document and the implementation plan associated the article will present a quantitative approach of the SWOT analysis. This research approach is meant to identify and characterize the new strategic direction that should be followed, together with a set of important aspect for the implementation plan up-date. The conclusions of this study will provide a scientific base for policy makers in the field of occupational health and safety.


2003 ◽  
Vol 2003 (1) ◽  
pp. 153-159 ◽  
Author(s):  
James E. Elliott

ABSTRACT Oil spill response personnel encounter commercial diving operations during salvage and pollution response operations. During an oil spill or hazardous substance release, the National Contingency Plan requires that response operations, including commercial diving operations, be conducted in accordance with the requirements, standards, and regulations of the Occupational Safety and Health Administration. Additionally, the Coast Guard requires that commercial diving contractors meet their own commercial diving regulations (46 CFR 197) during response operations. Incident commanders and safety officers should ensure that an inspection of the on-site diving operation is conducted to confirm that commercial diving personnel, operations, and equipment meet the applicable regulations. This technical paper provides guidance to response personnel on the inspection of commercial diving operations during marine response operations and an overview of the equipment used to protect divers in contaminated waters. Additionally, this guidance provides checklists to facilitate the inspection of commercial diving operations to protect the health and safety of commercial divers.


2014 ◽  
Vol 48 (3) ◽  
pp. 605-611 ◽  
Author(s):  
Clayton Sinyai ◽  
Pete Stafford ◽  
Chris Trahan

Many labour organizations that sponsor occupational health and safety training champion “peer training,” preferring instructors drawn from the shopfloor over academically credentialed experts. But peer training is hardly new: in the skilled trades, master craftsmen have instructed apprentices since the Middle Ages. Building on the apprenticeship model of education, the U.S.-based construction unions have created a network of more than 4,000 peer trainers who provide occupational health and safety training to up to 100,000 men and women in the building trades each year.


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