OSH and the COVID-19 pandemic: A legal analysis (original) (raw)
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The COVID-19 crisis has highlighted how governments’ approaches to workers’ health and safety have fallen short in preventing the spread of the virus and protecting its citizens in the world of work. Instead of protecting so-called ‘essential’ workers, governments and businesses left low-paid workers such as care workers, supermarket staff, warehouse, agricultural workers, and cleaners defenceless in the face of the rapidly spreading virus. According to the International Labour Organisation (ILO) and World Health Organisation (WHO), up to 20-30 per cent of COVID-19 cases may be attributed to exposure at work[1]. Business opposition to mandatory testing, inadequate remote working policies and above all the lack of provision of Personal Protective Equipment (PPE) have only exacerbated the public health crisis. Thus, the on-going COVID-19 pandemic has created new challenges as well as opportunities for trade unions, social movements and progressive forces who want to put public health above private profits.
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Occupational Health and Safety Practices at workplace during COVID-19 Pandemic
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Work, 2024
Abstract. BACKGROUND: Although the pandemic is nearing its end, the question of whether COVID-19 infection will be considered a work-related or occupational disease remains a legal issue. Therefore, this study aims to provide clarification on this matter. OBJECTIVES: Since the International Labour Organization (ILO) serves as the primary authority on work-related matters, this study is focused on analyzing the ILO’s policies regarding the acknowledgment of COVID-19 infections as occupational diseases. It also investigates how States can recognize COVID-19 as such a disease while delving into the connection between the disease or injury and the occupation itself. METHODOLOGY: This study utilizes a doctrinal methodology, focusing on legal research. This approach employs an applied (expository) research method and discusses the topic from a professional constituency perspective, as proposed by Arthurs in 1983. RESULT: The findings indicate that the ILO does not explicitly mention the pandemic or COVID-19 infection as an occupational disease in its list. However, it does include “infectious-related diseases” or “work that carries a particular risk of contamination” as occupational or work-related diseases, which can logically be interpreted as encompassing COVID-19 infection as an occupational or work-related disease. RECOMMENDATION: As the ILO sets guiding principles for its member States, this study recommends that the ILO should establish clear and comprehensive guidelines for member States to recognize COVID-19 infections or any future pandemics as occupational diseases. CONCLUSION: This study will serve as a valuable resource for policymakers who intend to enact or amend national legislation to align with the ILO. Furthermore, it will assist relevant stakeholders in taking necessary actions based on the study’s findings.