Legislation and Enforcement

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International
Labour Organization

kuva-11.JPG (398026 bytes) Your health and safety at work

LEGISLATION AND ENFORCEMENT

This Module provides trainees with background information on legislation and enforcement in occupational health and safety. Legislation can include state, provincial or national legislation, or the Conventions or Recommendations of the International Labour Organization (ILO). Topics discussed include: how health and safety law is structured, common limitations of legislation and enforcement in health and safety, how unions can use health and safety legislation to make improvements in the workplace, and the role of the health and safety representative.

Objectives

At the end of this Module, trainees will be able to:

(1) explain how and where to find information on health and safety legislation that protects them;

(2) state several examples of common limitations in legislation and enforcement;

(3) explain how laws can be used to establish minimum health and safety standards in their workplaces;

(4) state at least one basic right that is included in their country's health and safety legislation (if it exists) and explain how that right can be used to improve health and safety conditions at work.

What is in this Module

I. Introduction
II. Legislation

A. How legislation is structured
B. Where to find your health and safety legislation

III. Limitations

A. Legislation
B. Enforcement

IV. How to use health and safety legislation

A. Developing check-lists
B. Collective bargaining

V. Role of the health and safety representative
VI. Summary

Exercise. Developing a workplace check-list from health and safety legislation

Appendix I. Relevant ILO Codes of Practice, guides and manuals

Appendix II. ILO Convention No. 155 and Recommendation No. 164 concerning
occupational safety and health and the working environment

Appendix IV. ILO Conventions and Recommendations
adopted between 1985 and 1996

I. Introduction

Government legislation is what provides workers with minimum standards of health and safety in the workplace. Minimum standards, however, can always be made more protective with stronger legislation. Historically, many trade unions have been successful in pressuring governments to enact health and safety legislation, to make legislation more protective and to enforce the laws. Today it is still important for unions to organize and fight for stronger and more protective occupational health and safety legislation at the national, state or provincial levels.

While health and safety legislation provides the legal backbone to protect workers, it is only effective when supported by government enforcement. Without adequate legal enforcement, some employers do not feel motivated to take workplace regulations seriously, particularly since many governments still do not prosecute employers who violate workplace regulations.

Since many governments do not have enough adequately trained inspectors to inspect every workplace regularly, it is up to workers and unions to be the regular “workplace inspectors” and make sure employers are complying with existing laws and standards. To do this effectively, you must be familiar with the health and safety laws that protect you.

Workers, industry officials, health professionals and government officials all have responsibilities for health and safety.

Points to remember

Legislation provides workers with minimum standards of protection in the workplace.
Minimum standards can be made more protective by strengthening government legislation.
Legislation is only effective in protecting workers when it is supported by government enforcement.
Since many governments do not have enough inspectors to inspect every workplace regularly, it is up to workers and unions to be the regular “workplace inspectors”.

II. Legislation

Are you familiar with your health and safety rights in the workplace? To learn about your rights, you need to understand the legislation in your country that provides you with these rights.

A. How legislation is structured

The terms used in health and safety legislation may vary in different countries. However, there are some common international terms that you may see in your country's legislation. Four of these terms are: act, regulation, code of practice, guide.

Act

Most countries have acts dealing with occupational health and safety; for example, the Factories Act or the Health and Safety at Work Act. Acts are basically legal statements of the general health and safety principles and responsibilities in a particular country and they are made or approved by the governments or parliaments of individual countries. Acts are fully supported by law, therefore potentially they have a great deal of power, but generally that power is only effective with adequate enforcement. Try to become familiar with your country's health and safety act (if it exists).

Regulations

Once a health and safety act is passed, then a minister (usually the Minister of Labour), the Cabinet or the state, provincial or even national government will develop detailed regulations. Regulations are fully supported by law so employers are required to comply with them, just like the overall act which they accompany. Regulations tend to cover specific industries or hazards and state the mandatory minimum standards and objectives for hazard control, “safe levels”, training, etc. and they apply to specific workplaces. Regulations cannot be stronger than the act which they accompany. You must become familiar with the health and safety regulations in your country (if they exist) to know more about the specific rights that you are guaranteed.

Codes of practice

Codes of practice provide general guidance to employers (and workers) on how to comply with the minimum standards and objectives that are detailed in the regulations. These codes are adopted and amended by a relevant government body, usually within the Ministry of Labour. The ILO develops Codes of Practice which many governments adopt for their guidelines. Although codes of practice are not required by law, they can be used in legal proceedings as evidence.

Guides

Guides or notes of guidance provide official detailed technical information and recommendations to help employers comply with health and safety regulations. Guides provide practical “how-to” information for getting into compliance. They are not required by law but they explain the type of action that employers should take to comply with health and safety laws. Guides, like codes of practice, are adopted and amended by relevant government bodies. Governments also can use ILO guides if they have not developed their own.

The ILO produces Codes of Practice, guides and manuals to supplement occupational health and safety Conventions and Recommendations that are developed through the tripartite system of the ILO. These documents are not substitutes for existing national legislation or regulations; rather they provide governments, employers and workers with guidance in health and safety. For a list of relevant Codes of Practice, guides and manuals, see Appendix I at the back of this Module.

B. Where to find your health and safety legislation

You have the right to see the occupational health and safety legislation that applies to you because it is a public document. Try to obtain a copy of your country's legislation and become familiar with the terms used. The terms used in your legislation may be slightly different from the terms discussed above.

Your union is the first place to ask for a copy of the legislation. If they do not have a copy, other sources to ask are: your employer, the local factory inspectorate, the Ministry of Labour, the local library, a lawyer, or a local college or university. When you request a copy of the legislation, ask also for a written summary of the legislation, if one exists. Laws are generally difficult to read and a summary will explain the legal language used in the legislation.

Note: Health and safety legislation is sometimes a section within a different piece of legislation. For example, the health and safety legislation might be included as a section within a Pesticide Act, Factory Act, or a Labour Code, so you may have to look through various pieces of legislation to find the relevant health and safety information.

Points to remember
about legislation

1. The legislation in your country is what provides you with your basic rights for health and safety in the workplace.

2. Four general terms commonly used in health and safety legislation are: act, regulation, code of practice, guide. The terms used in your own country's legislation may be slightly different. Try to become familiar with the terms used in your country's legislation.

3. Act:

states general health and safety principles, duties, etc.;
fully supported by law;
made or approved by governments/parliaments.

4. Regulations:

provide specific health and safety rules within the limits of the health and safety act;
fully supported by law;
adopted and amended by cabinet or the relevant minister.

5. Codes of practice:

provide general guidance on ways to comply with regulations;
not backed by law but can be used as evidence in legal proceedings;
adopted and amended by the relevant government body, usually under the Ministry of Labour. ILO Codes of Practice may be adopted by governments.

6. Guides:

provide detailed technical information and recommendations to help employers comply with health and safety regulations;
not backed by law;
adopted and amended by the relevant government body. ILO guides may be adopted by governments.

7. It is your right to see your country's occupational health and safety legislation. Reading the legislation will tell you what workplace protections are guaranteed to you by law.

8. To get a copy of the legislation, ask: your union, your employer, the local factory inspectorate, the Ministry of Labour, the local library, a lawyer, or a local college or university. Also request any written summary of the legislation that may exist. Health and safety legislation sometimes appears as a section within a different piece of legislation, such as a Pesticide Act or a Factory Act.

9. The ILO produces Codes of Practice, guides and manuals to supplement occupational health and safety Conventions and Recommendations. For a list of relevant Codes of Practice, guides and manuals, see Appendix I at the back of this Module.

III. Limitations

A. Legislation

Some countries have strong occupational health and safety legislation. However, in many countries the laws are outdated and weak, which means that workers cannot rely on legislation for adequate protection.

Many trade unions have identified a number of limitations in the health and safety legislation in their countries. Common limitations include the following:

The current legislation is outdated and therefore does not address the social, economic and technological changes that have taken place in the region. For example, the health and safety legislation in many Commonwealth countries is taken from the British Factories Act of 1961, which is generally not relevant to the needs of these different countries today.
- When standards address only specific categories of workplaces, such as “factories” or “workshops”, many workers are left unprotected if they do not fit into those narrow categories. Also workers in the public sector and the self-employed are often not covered by current legislation.
- The penalties are limited for employers who are caught breaking the law, even for very serious offences.
- There are insufficient resources available for enforcing the laws and inspecting worksites.
- Most of the legislation that does exist deals with industrial safety and not occupational health.
- There is a lack of up-to-date, detailed regulations accompanying the act.
- Many employers and workers' organizations are not familiar with existing acts, regulations, codes of practice, guides, etc.
- Unions, workers and employers are not involved in the standard-setting process in any way.
- Many standards are written so unclearly from a worker's viewpoint that they cannot be used to uphold the law. (If a standard is unclear, then it is particularly important that contract language clarifies the issue and is not open to interpretation.)

Ideally, legislation should:

protect all workers;
be oriented toward the prevention of occupational illnesses and injuries by requiring employers to comply with regulations that are more protective than just existing minimum standards;
include provisions for adequate compensation and rehabilitation for workers when needed;
include provisions for sufficient workplace inspectors who are properly trained and equipped;
include strong enforcement;
allow for strong penalties for employers who break the law;
address any region-specific needs.

What are the limitations in your county's health and safety legislation? Improving health and safety laws and making sure that they address technological, economic and social changes is a continuous process for workers and unions in every country.

B. Enforcement

Health and safety legislation needs government enforcement in order for it to be effective. In many countries, however, there are serious limitations in the way the laws are enforced.

Government inspectors are needed to inspect, monitor and enforce the law in workplaces. These inspectors are known as health and safety inspectors or factory inspectors and are under the authority of the Ministry of Labour or the equivalent. Inspectors should make sure that employers comply with the minimum legal health and safety standards. However, their authority is limited to the extent of the legislation; weak and ineffective legislation gives inspectors little authority, and the result may be little or no action to improve working conditions.

The health and safety inspector can help workers and supervisors to identify unhealthy or unsafe working conditions.

Many trade unions have identified a number of problems with the enforcement of health and safety legislation in their countries. Common problems include the following:

There are not enough inspectors (try to find out how many inspectors there are in your country and roughly how many workplaces. You will see that it is impossible for inspectors to visit every workplace on a regular basis. Most inspectors will visit the biggest factories or those with known health and safety problems).
Many inspectors have only limited training in the field of occupational health and safety.
Many inspectors have to do their job with virtually no equipment or sources of information.
Inspectors can enforce only existing legislation, but the legislation itself may not be powerful or protective.

Ideally, adequate enforcement should:

ensure that sufficient trained, equipped personnel with access to sources of information are available to inspect workplaces and enforce laws;
include regular, unannounced inspections of all workplaces;
allow for penalties that are equal to the illegal action committed, including severe penalties for very serious offences;
be supported by strong, protective legislation.

Because of the serious problems in enforcing health and safety laws, it is better to use your union and negotiations as your first line of defence against poor working conditions and to rely on inspectors only as a back-up.

Points to remember
about limitations in legislation and enforcement

Occupational health and safety laws in many countries are often outdated and weak, which means they do not provide workers with adequate protection.
Once you have identified the limitations in your country's legislation, your union can pressure the government to make sure current legislation addresses existing conditions. Ensuring that laws are updated and reflect the technological, economic and social changes of any society is an ongoing process for workers and unions in every country.
Many countries have serious problems enforcing health and safety laws.
Health and safety or factory inspectors are the health and safety enforcement officers. Inspectors should make sure that employers comply with the minimum health and safety standards, but their authority is limited to the extent of the legislation.
A worker's best line of defence against poor working conditions is union involvement and negotiations.

IV. How to use health and safety legislation

A. Developing check-lists

Once you are familiar with your health and safety legislation, you can make use of it by developing a check-list from the act or the regulations. The check-list will consist of simple questions to help you identify areas in the workplace that are not in compliance with existing regulations. A check-list also can be used as a basic summary of the laws.

Study the law and determine what rights you have. Make a poster for the workplace and union hall.

It is not realistic to put together a check-list on all of the legislation that applies to your workplace, so you should select the most important general hazard areas. For example, you could develop a check-list from the regulations on “cranes and hoists”, “scaffolding”, “storage of chemicals”, or any other area that you think is particularly important. You could also develop check-lists to use before or during inspections to help you or an inspector focus on problem areas.

Preparing check-lists

Here are some simple rules for preparing a check-list:

First, read over the original document quickly to get a general idea of what it covers.
Next, read the document again quickly and write down the main headings and the topics covered.
Read it again carefully and underline or write down the key words or phrases.
Next, make questions out of the main ideas. The questions should apply to your workplace.
For each topic you cover in the check-list, write down the reference (the act or regulation and subsection where you got the information) next to the question.
Try to include specific regulations in the check-list so you can check for compliance.

The following is an example of how to develop a check-list based on a sample of health and safety legislation — ILO Convention No. 155 concerning occupational safety and health and the working environment, Part IV: Action at the level of the undertaking, Articles 16 and 19. (Copies of Convention No. 155 and Recommendation No. 164 are attached as Appendix II at the back of this Module. See the Glossary in the Instructor's guide to the Modules for more information about ILO Conventions and Recommendations.

Health and safety legislation can always be strengthened to provide workers with more protection. As you read this Convention, can you think of some suggestions for strengthening it?

Part IV. Action at the level of undertaking

Article 16

Employers shall be required to ensure that, so far as is reasonably practicable, the workplaces, machinery, equipment and processes under their control are safe and without risk to health.
Employers shall be required to ensure that, so far as is reasonably practicable, the chemical, physical and biological substances and agents under their control are without risk to health when the appropriate measures of protection are taken.
Employers shall be required to provide, where necessary, adequate protective clothing and protective equipment to prevent, so far as is reasonably practicable, risk of accidents or of adverse effects on health.

Article 19

There shall be arrangements at the level of the undertaking under which:

workers, in the course of performing their work, cooperate in the fulfilment by their employer of the obligations placed upon him;
representatives of workers in the undertaking cooperate with the employer in the field of occupational safety and health;
representatives of workers in an undertaking are given adequate information on measures taken by the employer to secure occupational safety and health and may consult their representative organizations about such information provided they do not disclose commercial secrets;
workers and their representatives in the undertaking are given appropriate training in occupational safety and health;
workers or their representatives and, as the case may be, their representative organizations in an undertaking, in accordance with national law and practice, are enabled to inquire into, and are consulted by the employer, on all aspects of occupational safety and health associated with their work; for this purpose technical advisers may, by mutual agreement, be brought in from outside the undertaking;
a worker reports forthwith to his immediate supervisor any situation which he has reasonable justification to believe presents an imminent and serious danger to his life or health; until the employer has taken remedial action, if necessary, the employer cannot require workers to return to a work situation where there is continuing imminent and serious danger to life or health.

Here is the checklist from the legislation:

Does your employer make sure that the workplace, all machinery, equipment and work processes are safe and do not cause any health problems now or health problems that may occur in the future? (Article 16,(1))
Does your employer make sure that proper and adequate control measures are used to prevent any health problems from exposure to chemical, physical and biological materials used at work? (Article 16(2))
Does your employer provide workers with proper and adequate personal protective equipment when it is needed? (Article 16(3))
Do the workers comply with the health and safety regulations in the workplace? (Article 19(a))
Do the safety representatives or the union help workers comply with health and safety regulations? (Article 19(b))
Does your employer give the health and safety representative or the union adequate information on the actions he or she is taking to create a safe and healthful workplace? (Article 19(c))
Does your employer provide workers and health and safety representatives with adequate health and safety training? (Article 19(d))
Does your employer consult with the workers, health and safety representatives and the union on all occupational health and safety actions before they are implemented in the workplace? Does your employer bring in technical advisers from outside the workplace to assist in solving health and safety problems? (Article 19(e))
Does your employer require workers to report dangerous situations to an immediate supervisor? Does your employer inform all workers that they have the right to refuse extremely dangerous work until the conditions have been made safe? (Article 19(f))

Now that you see how a check-list can be developed from Convention No. 155, you can do the same with your country's legislation. Once you develop your own check-list, distribute it, put it in your union journal, give to health and safety representatives and shop stewards, and display it in each workplace. Making your check-list available will help workers know about their rights.

B. Collective bargaining

Your union can use collective bargaining to overcome some of the limitations in your country's health and safety legislation. Often the bargaining process can bring about improvements in the workplace much more quickly than waiting for national legislation to change, which can be a very slow process.

Building blocks for a health and safety agreement

There are many health and safety topics that your union can promote through negotiations and then add to existing contract language. Choose the issues that are relevant and important in your workplace. Here are a few issues, which, if bargained successfully, could result in health and safety improvements at work:

the establishment of health and safety committees - ideally these should be joint labour/management committees, but if the employer resists participating, then workers should set up their own committees;
the right of workers or their bargaining agents to be consulted on health and safety issues and any proposed operational changes in the workplace that could cause health and/or safety problems;
provision of safety equipment and proper/appropriate personal protective equipment (PPE) (try to reach agreement with management that they will introduce engineering controls and reduce the need for PPE);
pre-employment medical check-ups;
periodic medical check-ups;
provision of adequate washing/shower facilities and work time provided for washing/showering (the question of time should be clearly set out since it is a matter that can lead to industrial disputes);
information about chemicals that have to be handled;
provision of proper first-aid kits;
access to industrial/occupational physicians and nurses;
training in first aid (an appropriate number of workers should be trained in relation to the size of the workforce);
evaluation of occupational stress;
security (fire escapes and extinguishers, unblocked entrances/exits, etc.);
education (paid educational leave for workers participating in courses on occupational health and safety, irrespective of who organizes such courses).

The following is an example of health and safety contract language that was established through the collective bargaining process.

Sample language

Article 21 — Safety, health and security

21.01	It is the Company's philosophy that safety shall be our first order of business. The Company shall provide adequate provision for the safety and health of its employees during the hours of employment.
21.02	Safety devices where provided must be used. Employees must wear and/or use such equipment as is provided for their job. Neglect or failure by an employee to adhere to plant safety regulations and use of the Company's safety devices shall be just cause for disciplinary action.
21.03	As a condition of continued employment, all employees must wear adequate and suitable safety boots and safety eye glasses in good repair at all times while in the maintenance and production areas of the Plant. The Company shall supply a pair of safety glasses on the employee's initial hiring date. The Company shall supply a pair of prescription safety glasses on the employee's initial hiring date, provided the employee has furnished the Company with an eye examination test result taken within one year of the employee commencing employment. Safety glasses will be replaced as needed.
21.06	It shall be the Company and the Union's aim to cooperate to see that every safety rule is complied with, with no exception. The employee(s) should call to the attention of their supervisor any dangerous or unsafe conditions in their work area. The Company and the Local agree that conditions in the Plant should be such as to provide as far as possible, on a progressive basis, the safety, health and welfare of its employees, economy of operations, quality of products, cleanliness of Plant and protection of property. The Company agrees to consider suggestions from the Committee in this respect. To this end a Safety and Health Committee shall be appointed comprising three representatives from Management and three representatives from the Local Union. The Committee's function shall be to promote safety and industrial hygiene in the Plant. It shall make regular inspections of the Plant and equipment and hold regular meetings. Payment to employees who attend the Safety and Health Committee meetings outside of their regular shift shall be paid at the employee's regular hourly rate. Members who are working shall be excused to attend these meetings without loss of pay.
21.07	Employees injured at the Plant and sent home or to the hospital or doctor's office by a Company official or nurse shall suffer no loss of earnings for the balance of the shift during which the accident occurred.

Employer responsibility

Article 15 — Safety and health

15.01	The Company recognizes its responsibility to manage its operations in such a manner that the risk of injury or hazard to health is kept to a minimum.
15.02	The Company reaffirms its existing policy of welcoming from any employee suggestions regarding safety and health and will welcome similar suggestions from the Union.
15.03	The Company shall make provisions for the safety and health of its employees during the hours of their employment consistent with the provisions of the Industrial Safety Act. Wearing apparel and other equipment shall continue to be provided by the Company, including suitable cold weather clothing where necessary, in accordance with and to the extent of the prevailing practice in the Plant at present.

Safety and sanitation

1.01

The Company agrees to continue to furnish healthful working conditions at all times, and to provide adequate and modern devices with regard to safety and sanitation. Whatever machinery and equipment the Company furnishes shall meet with all the required legal standards of safety and sanitation. Any recommendations or complaints under this Article shall be the subject of negotiations under the procedure provided for in this Agreement. The Union agrees that it shall endeavour to ensure its members observe all safety rules.

Special hazards

Article 18 — Protective clothing

18.01	All personnel coming within the 43 Unit whose duties require them to wear overalls, protective clothing and safety equipment shall have such articles issued to them by the Company.
18.02	The Company shall, (i) furnish and clean coveralls of all Water and Sewage Plant employees; and (ii) furnish uniforms and provide for their cleaning at least once per week for all employees of the Ambulance Division of the Department of Emergency Services and shall supply all new employees of the said Ambulance Division with eight (8) shirts on commencement of employment.
18.03	The Company shall supply all employees coming within the 43 Unit with work boots or shoes which shall be replaced as required.
18.04	Where the Company provides safety equipment, safety clothing or working attire, such safety equipment, safety clothing or working attire must be worn by the employee, provided, however, that it is recognized that there may be occasions during an employee's working hours when the wearing of such equipment, clothing or attire is unnecessary to the employee's safety or well-being.

Safety boots

14.08

The Company shall subsidize the cost of safety boots to the extent that an employee may purchase safety boots from the Company at either (a) 25 per cent of the Company's cost of safety boots with metatarsal protectors (excluding the cost of the protectors) or (b) 50 per cent of the Company's cost of regular safety boots. In order to purchase a new pair of boots, an employee must return his worn-out pair.

Safety equipment

14.09	The Company shall continue to supply other safety equipment, as well as gloves, when such equipment, in the opinion of the Company, is required for the performance of the job. Worn-out equipment must be returned before new equipment will be supplied.
14.10	Inspection of equipment shall continue to be carried out by the Company.
17.07	As indicated in section 5 of the Local Agreement, lifting of thirty-five kilograms (35 kg) or over shall be made by two (2) men or with handling equipment, repetitive lifting of thirty kilograms (30 kg) or over shall be made by two (2) men or with handling equipment.

Compensation/rehabilitation

16.03	If an employee incurs a disability which prevents him or her from performing his or her regular work but which does not render him or her incapable of carrying out other duties in the Bargaining Unit, the Company and the Union shall make every effort to arrange the establishment of such employee in a position suitable to his or her capabilities.
16.04	An employee who, as a result of a lost-time accident suffered in the Company's employ, is entitled to receive compensation under the Workmen's Compensation Act, shall be paid an allowance for a period of absence up to a maximum of fifty-two (52) weeks, provided he or she assigns to the Company all such compensation received by him or her in respect of the same period. For the first twenty-six (26) weeks of absence the allowance shall be equivalent to his or her regular earnings, exclusive of shift differential. For the remaining twenty-six (26) weeks of absence, the allowance shall be equivalent to ninety (90) per cent of his or her regular earnings, exclusive of shift differential.
16.05	Subject to only those changes which may be mutually agreed upon during the term of this Agreement, the Company shall continue in force the benefits (including the amendments which have been negotiated) as provided in the existing Company Group Insurance Plans and Bargaining Unit Employees' Pension Plan on the same cost-sharing arrangements as is presently in effect. In the event that the Company is obligated by law to contribute towards the cost of benefits similar to one or more of the benefits provided under the Company's Group Insurance Plans and Bargaining Unit Employees' Pension Plan, the Company may terminate or revise such Plans in order to eliminate any duplication of benefits or to ensure that additional costs imposed by law are offset by reductions in the costs of the Company's and employee's contributions to such plans.

First aid

16.02

The Company agrees to provide and maintain suitable first-aid equipment and facilities, lunchroom, locker, washroom, shower and sanitary facilities, and the Union agrees to cooperate fully with the Company in the maintenance of this service.

Points to remember
about how to use health and safety legislation

Developing check-lists from your health and safety legislation is a practical way to summarize legislation and to see how well the laws have been applied in your workplace.
Select important general hazard areas that are relevant to your workplace when developing check-lists.
Collective bargaining around health and safety issues can result in significant improvements in health and safety conditions in the workplace. The bargaining process can bring about changes much more quickly than waiting for national legislation to change.

V. Role of the health and safety representative

Health and safety representative

As a health and safety representative, it is important for you to know the workers' rights given by your country's health and safety legislation. Try to get a copy of the legislation and familiarize yourself with it. Other steps to help you reach goals towards creating, strengthening and using legislation are:

Work with your union to put pressure on the government to adopt or improve existing health and safety legislation. This should include provisions for adequate and effective enforcement.
Educate your co-workers about their rights under the law.
Work with your co-workers to identify limitations in your health and safety legislation. Develop strategies (short-term or long-term) for overcoming the limitations.
Develop and use check-lists to identify areas in the workplace that are out of compliance with existing regulations.
Use collective bargaining to work toward more immediate improvements in working conditions.
Work with the union and the employer to correct health and safety problems. If your employer is unwilling to comply with existing regulations, then contact the local factory inspectorate and request assistance.
Try to find out if your country has ratified any of the International Labour Organization's occupational health and safety Conventions or any ILO Conventions that contain elements of health and safety. You can find out by contacting one of the international trade secretariats or your national or regional ILO office, or by writing to ILO headquarters in Geneva, Switzerland.

VI. Summary

It is important to know your rights under the law. If your country does not have health and safety legislation, then your union may want to pressure the government to develop or adopt adequate legislation. If your country does have health and safety legislation, then your union may want to identify the limitations of the legislation and then pressure the government to strengthen the laws.

Strategies designed to make legislation more protective should include stronger enforcement of health and safety laws. Without strong enforcement, there is little motivation for many employers to comply with acts or regulations. Working at the policy level is generally a lengthy process but positive results can benefit all workers.

Check-lists and collective bargaining are two practical ways of using health and safety legislation to benefit workers. Both tools can yield results relatively quickly, compared with the time it may take to see any changes in national legislation.

Exercise. Developing a workplace check-list from health and safety legislation

Note to the instructor

For this exercise, you will need to obtain a number of copies of your country's health and safety legislation, if it exists. If it does not exist, you can use another section of your national, state or provincial legislation that applies to workers. If there is no suitable legislation, then use the health and safety section (or other section) of your union's contract language for this exercise. Give copies of the legislation or contract language to the trainees. You will also need a flipchart (or some large sheets of paper taped to the walls) and markers or a chalkboard and chalks.

(Note: If you have no suitable legislation or contract language, you can use this exercise as a group discussion about priority issues that should be included in contract language or national health and safety legislation. The class can then develop an action plan listing the steps trainees can take to develop their ideas into action.)

Try to prepare a summary sheet of the legislation in advance. This will be very useful to the trainees, particularly if all or most of them are from the same country or union. Give a copy of the summary sheet to each trainee at the beginning of this exercise.

Decide which section of the legislation (or contract language) will be used for developing a check-list. Trainees should work in small groups of four to five people.

Instructions

Develop check-lists and identify limitations

Ask the groups to read the legislation and write down questions, developing a check-list which they can use in their workplaces. Remind trainees to note the section of the legislation when they develop each question. As the groups develop the check-lists, they should also identify any limitations in the legislation.

When the groups have completed their check-lists, ask a member of each group to read out loud a couple of the questions the group developed, including the section of the legislation the questions apply to. After all groups have spoken, discuss with the whole class the different ways they and their union(s) can use these check-lists in the workplace. Write the suggestions on a flipchart or chalkboard.

Next, discuss the limitations in the legislation that trainees identified. Write these down on the flipchart.

Develop an action plan

The next step is to develop an action plan for strengthening the legislation. You can do this together as a whole class, or trainees can work on an action plan with their groups. Discuss the trainees' answers for their action plans. A questionnaire to use in developing an action plan is given on the next page.

Note: Remind trainees that they should distribute their check-lists, put them in their union journal, give them to health and safety representatives and shop stewards, and display them in their workplaces. Distributing the check-lists will help workers to learn about their rights.

Points for discussion

What worker health and safety (or other workplace) rights do you have under your existing legislation?
How can you use those rights to create a healthier and safer working environment?
How will you share this information with your co-workers?
How will you use the check-list to prioritize issues for collective bargaining?

Action plan for improving health and safety legislation

1. What are the three most important limitations in the legislation?

(a) ............................................................................................................................................

.................................................................................................................................................

(b) ............................................................................................................................................

.................................................................................................................................................

(c) ............................................................................................................................................

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2. In what ways could these limitations be improved?

(a) ..........................................................................................................................................

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(b) ............................................................................................................................................

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(c) ..........................................................................................................................................

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3. What can your union do to bring about these improvements?

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4. What are some of the potential barriers to improvements?

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5. Can you suggest ways to overcome some of these barriers?

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Continue to Appendices