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I consider it a great privilege to be
invited to speak at this year’s World
day for health and safety at work -an
international annual campaign, on every
April 28, to promote safe, healthy and
decent work and the prevention of
occupational accidents and diseases
globally.
It is therefore an awareness-raising
campaign intended to focus international
and local attention on the magnitude of
the problem and on how promoting and
creating a safety and health culture can
help reduce the number of work-related
deaths and injuries. This is because
Work-related injuries and illnesses are
major problems both in Nigeria and
elsewhere.
The International Labour Organization (ILO)
estimates that 270 million work
accidents occur annually while every
year some 160 million are estimated to
suffer from work-related illnesses. More
painful is that about 2.2 million die
worldwide every year due to such
accidents – a death toll averaging some
6,000 workers a day. The good news
however is that each of us either as
individuals or groups can do something
to change the situation and put an end
to these avoidable deaths and injuries
on the job as well as reduce the vast
human and economic burdens of
work-related accidents and diseases to
the workers, his family and the economy.
As workers we should work safely,
protect ourselves and not endanger
others. We should know our rights and
participate in the implementation of
preventive measures. As employers we
should ensure that the working
environment is safe, healthy and
secured. It is the duty of the Federal,
states and local governments to put in
place laws, regulations and policies
that will ensure that the conditions of
work are safe, healthy and secured; and
that injured workers are adequately
taken care of and the families of
workers who are killed because of the
job are not abandoned but adequately
catered for. As a trade union we should
ensure that Health, Safety and security
of our members are adequately addressed
and given priority attention in our
collective bargaining agreements and in
our everyday life. We should ensure that
the various collective bargaining
agreements clearly indicate the duties
and responsibilities of all parties to
health, safety and security.
We must continue to discharge our duties
and responsibilities as far as workers
health, safety and security is
concerned. We must also increasingly
pay focused and continuous attention to
the health, safety and security of the
workers. To this end, I am happy to
inform us that the Trade Union Congress
of Nigeria (TUC) Rivers State has
appointed Comrade Charles Chima Igwe the
Branch Secretary of Eleme Petrochemical
Company Limited Branch of Petroleum and
Natural Gas Senior Staff Association of
Nigeria (PENGASSAN) as the Special
Assistant on Health and Safety to the
TUC State Chairman. This is in view of
the strategic importance of workers
health and safety and our desire to give
it a more focused attention. We also
plan to set up a Standing Committee for
Health, Safety and Decent Work in Rivers
State. We therefore encourage all our
affiliates to have a special committee
of their Council dedicated to the
health, safety and security of their
members; as well as take seriously our
recommendations in this paper.
Last year I was also invited to speak at
this forum and the title of my paper
then was ‘’Health
at Work: A basic human right’’. In that
paper I made it clear that
health and safety at work are
inseparable in practice, while safety
without security is useless. Experience
from the recent events in the Niger
delta since February 2006 have clearly
revealed that
security is an important component of
safety, and that a workplace cannot be
safe if it is not secured. Similarly a
workplace cannot be healthy if it is not
safe.
Let
me state that I take this annual event
very seriously as a Union Leader
because I strongly believe that the
single most important protection the
government , employers and trade unions
can give to a worker is protection from
unsafe , unhealthy and unsecured
workplace. You will agree with me that
when a worker leaves his residence to
work for the upkeep of his family and
contribute to the economy of his society
and nation, he does so with a believe
that he will come back to the warm
embrace of his family at least the way
he was when he left them.
He does not expect that the work will
howsoever lead to his death or
disability or injury or ill health. You
will also agree with me that the
consequences of workplace fatalities,
accidents, injuries, sickness and
disease conditions are far reaching both
to the individual, the employer and the
society.
Please permit me to use this opportunity
to thank the Federal Ministry of labour
and Productivity for ensuring that April
28th is marked every year to
draw attention to the plight of workers
in Nigeria with regards to health,
safety and now security; and together
with other Stakeholders in the world of
work share thoughts on issues,
challenges, concerns and way forward
with regards to the promotion of a safe,
healthy and secured workplace. 28 April
is also the International Commemoration
Day for Dead and Injured Workers
organized worldwide by the trade union
movement since 1996.It
is my considered view that the Federal
Government should declare the morning (ie
7am -11am) of every April 28th work
free morning to allow workers
adequately participate in the activities
for the day.
The
Theme for this year's , 2010, World Day
for Safety and Health at Work is
‘’Emerging risks and new patterns of
prevention in a changing world of work’’.
This is also the title of my paper. The
National theme is ‘’Risk Control in a
rapidly changing pattern of work in
Nigeria’’.
I believe both are related.
As always, let
me add very quickly that I am not a
Safety/Health Practitioner and that I
will not pretend to be one. I am only a
Union leader and will therefore attempt
to present this paper from a Labour and
industrial relations perspectives.
Before we continue I think it would be
good if we throw more light on what we
mean by health, safety and security.
The generally accepted definition of
health used by the World Health
Organisation (WHO) is that it is ‘’a
state of complete physical, mental and
social well being and not merely the
absence of disease or infirmity ‘’.
A
Healthy workplace, in my opinion, is one
that will not adversely affect the
physical, mental and social well-being
of the worker, while a safe work place,
also in my opinion, is one where harm,
damage, or loss to the workers and
visitors is unlikely. For me a safe and
healthy workplace is one, which will
ensure that a worker returns home at
least the way he left his home in terms
of his physical, mental and social
conditions.
For
me ,it also does not matter whether the
factory or platform he works was
attacked by gun men or whether an
equipment failure led to the loss/injury
or whether it was caused by the
carelessness of his employer or even a
co-worker or whether the clinic at the
worksite lacked the necessary drugs,
equipment or doctor. All that matters is
that the man or woman did not return
home at least the way he/she left and/or
that the workplace cannot reasonably be
expected to guarantee that the man or
woman returns home the way he /she left.
The ILO /WHO Committee on Occupational
Heath (1995) advises that ‘’Occupational
health should aim at the promotion and
maintenance of the highest degree of
physical, mental and social well-being
of workers in all occupations; the
prevention amongst workers of departures
from health caused by their working
conditions; the protection of workers in
their employment from risks resulting
from factors adverse to health; the
placing and maintenance of the worker in
an Occupational environment adapted to
his physiological and psychological
Capabilities; and, to summarize, the
adaptation of work to man and of each
man to his job’’
2. CHANGING WORLD OF WORK AND EMERGING
RISKS
The
Theme for this year's , 2010, World Day
for Safety and Health at Work is as
aforementioned, ‘’Emerging risks and
new patterns of prevention in a changing
world of work’’.
This is also the title of my paper. The
National theme is ‘’Risk Control in a
rapidly changing pattern of work in
Nigeria’’.
I believe both are related. Let me state
that the subject of this seminar is
timely and the forum at which it is
presented is commendatory for some
reasons.
First
is that the current global and national
economic crises have terribly increased
the temptation of employers and even
government to compromise the health,
safety and security of their workers as
well as increased pressure on workers,
especially due to the resultant
unprecedented unemployment level in
Nigeria, to accept any job regardless of
whether it is healthy, safe, secured or
decent. For instance, while oil, gas ,
construction and other workers are
regularly killed, kidnapped, maimed and
their family traumatized, the government
seem only interested in the revenue from
oil and gas .The only time they acted –
i.e. when they hurriedly came up with
the amnesty programme and which as
subsequent events have clearly shown was
not properly thought through- was when
the militant activities almost crippled
the entire oil and operation in the
country and led to a severe reduction in
government revenue. Let me however
quickly add that the amnesty programme
itself was a success but the post
amnesty aspects including the urgent and
massive development of the Niger Delta
region, the delivering of the promises
made during the amnesty programme and
the rehabilitation and reintegration of
both the armed and intellectual
militants into the society, is to say
the least poor.There
is therefore an urgent need for the
protection of workers and their families
under the current hostile economic
situation heightened by the Niger Delta
security crises as companies, banks and
similar organisations in Nigeria are
forced to decrease their workforce and
desperately cutting costs in an effort
to remain economically viable and
sustain production.
We
must draw national and international
attention to the consequences of all
these on the health, safety and security
of workers.
These consequences include low workers
morale, increase in stress, increases in
accidents, and non-compliance with
Occupational Safety and Health laws.
Other side effects include increase in
crime and kidnapping targeted at the
workers and their families, inability of
the workers to take good care of their
families and the absence of
work-life-balance due to overwork and
the prevalence of precarious work.
Second is the new challenge to
occupational safety and health as a
result of the emergence of new diseases
and threats to health, safety and
security at work. New diseases such as
SARS, H1N1 influenza, drug-resistant
types of infectious diseases such as
tuberculosis and malaria and the ongoing
HIV/AIDS epidemic. Moreover not only are
there newly emerging hazards and risks,
but also the relationship between
employer and worker, the demographic of
the Nigerian workforce, patterns of
work, and types of work are changing.
Today
many workers are exposed to ‘new’ risks
emerging from changing patterns of work,
for example because of conditions
arising from the increasing use of
precarious employment by employers of
labour like casualisation and contract
staffing, the Niger Delta security
crises, frequent organization
restructuring and increased pressures to
meet the demands of modern working life.
Workforce age profiles are also
changing, as is the gender balance in
many workplaces. These changes in
employment patterns have created evident
risks that were either less prevalent or
less obvious previously. These changes
in turn affect how occupational safety
and health have to be managed at
workplace, community, states, national,
and international levels.
The International Labour Organisation (ILO)
also notes that:
‘’New and emerging occupational risks
may be caused by technical innovation or
by social
or organizational changes, such as:
• New technologies and production
processes, e.g. nanotechnology,
biotechnology
• New working conditions, e.g. higher
workloads, work intensification from
downsizing,
poor conditions associated with
migration for work, jobs in the informal
economy
• Emerging forms of employment, e.g.
self-employment, outsourcing, temporary
Contracts
Moreover globalisation and the
internationalisation of labour means
that the Federal Government of Nigeria
must partner with other stakeholders
such as the ILO, the WHO, the labour
unions, the OECD,AU, employers
associations ,States and local
governments and other global players to
protect workers during these changing
times.
Let me state that we need to
continuously draw attention to the
economic and social benefits of a
healthy work force and the
responsibility of all to ensure that it
is realized even in a changing world of
work.. Let me also state that a healthy
worker is a productive worker who
contributes significantly to the overall
improvement of the economic status of
the company and overall improvement of
the country as a whole.
Therefore, all workers regardless of
their occupation , gender, category (ie
whether casual, contract staff, agency
or permanent staff) should enjoy the
basic human right of a safe, healthy and
secured workplace.
Appendix 1 shows the ILO list of
occupational diseases.
The ILO’s international list of
occupational diseases is used by many
countries as a model for the
establishment, reviewing and updating of
their national lists. Please take time
and go through the list and ensure that
you also share it with your colleagues.
An important aspect of the new patterns
of prevention is sharing information on
health, safety and security with others.
3. SOME RESPONSIBILITIES FOR HEALTH AND
SAFETY AT WORK
I have made some attempts at showing
how the changing world of work and
emerging threats impact on Health,
Safety and Security at work. The next
thing I want to try to do is to throw
some light on the responsibilities of
all the principal parties with respect
to health and safety at work.
3.1 EMPLOYERS’ RESPONSIBILITIES:
It is the responsibility and duty of the
employer to ensure that no worker is
hurt or ill at work or ill through
work. This duty of the employer cannot
be extinguished howsoever by delegation.
This responsibility includes, but is not
limited, to the following:
a) Regular and continuous review of the
jobs and workplace to identify new
threats and what could endanger the
safety, security and health of the
workers
b) Explaining to the workers these
identified hazards and other safety
risks and how they will be controlled
and managed to ensure that no worker is
hurt at work or ill through work.
c) Building and encouraging a culture of
cooperation where workers are encouraged
to share with their colleagues and the
company information about emerging
threats to health, safety and security .
d) Provision of adequate and sufficient
training to enable the employee
discharge his/her duties without being
hurt or ill through work.
e) Ensure that all the provisions of the
law including ILO Conventions on the
health and safety of workers have been
fully complied with.
f) Ensure that the workers are under the
adequate supervision of persons who have
thorough knowledge and experience of the
machine or the particular work activity
g) Regular consultation with the workers
and their Representatives on health,
safety and security issues including how
the employer intends to protect the
employees
h) Regular health and safety trainings
and briefings for all the workers
i) Establishment of health and safety
policies after due consultation with the
workers Representatives
j) Provision of adequate personal
protective equipment (PPE), toilets,
washing facilities, good drinking water,
smoke detectors, fire extinguishers,
adequate first aid facilities including
onsite clinics etc
k) Review of the report of all injuries,
diseases and dangerous incidents at work
and share the learning with the workers
and their representatives
l) Obtain adequate Workmen Compensation
Insurance as well as Life insurance for
all workers in line with the extant
labour laws.
m) Work with any other employer or
contractors/subcontractors sharing the
workplace or providing workers (such as
Labour Contractors) to ensure that they
fulfil their obligations to the workers
on health and safety with the aim of
ensuring that the health and safety of
everybody is protected.
n) Ensure that adequate provision has
been made for comprehensive health care
of the workers either via company
operated health facilities, retainer
clinics or via the National Health
Insurance Scheme
o) Carry out any other lawful activity
or process that will enhance or improve
the health, safety and security at work
of all workers.
3.2 WORKERS’ RESPONSIBILITIES:
a) Follow all lawful instructions and/or
order given by the employer that is
aimed at protecting his/her health and
safety
b) Follow the training he/she has
received on health, safety and security
at work
c) Cooperate (but DO NOT COMPROMISE)
with your employer on health, safety and
security
d) Intervene if you see that any other
worker is not adhering to the health and
safety rules/policies
e) Tell your employer, supervisor or
health/safety officer or your branch
Union leadership if you think the work
or workplace or inadequate precautions
could put you or anyone’s health and
safety at serious risk
f) Tell employer, supervisor or
health/safety officer or your branch
Union leadership if you are worried
about health and safety in your
workplace
g) In consultation with the Union
leadership consider if the situation
presents an imminent and serious danger
to his/her life or health and hence a
reasonable justification to remove
him/her from the
worksite.
3.3 SOME RESPONSIBILITIES OF GOVERNMENT:
The Federal and State Governments have a
duty to make laws for the protection of
the health and safety of workers in line
with Section 17 (3) (b and c) of the
1999 Constitution of the Federal
Republic of Nigeria which requires that
they ensure that the conditions of work
are just and humane, … and that the
health, safety and welfare of all
persons in employment are safeguarded
and not endangered or abused. More
importantly the government at all levels
in addition to their duty to make laws
to ensure the safety, health and
security of lives and property, also
have a duty to enforce the laws that
they have made.
Let
me use this opportunity to appeal to
the Federal Government to progress the
post amnesty programme, seek and
implement workable, enduring and
acceptable solutions to the Niger Delta
crises such as the immediate
implementation of the Ledum Mitee
Niger Delta Technical Committee Report ,
massive development of the Niger Delta,
and delivering on the promises they made
during the amnesty programme
.
4. ISSUES AND CHALLENGES
At present, there are quite some
challenges in the way of achieving the
full realisation of the health and
safety of workers in Nigeria .The
emergence of new risks and the changing
world of work have only compounded the
situation. I will try to highlight some
of these issues and challenges and hope
that we in this forum will proffer
workable solutions to each of them.
4.1 LEGAL:
One of the key challenges to the full
realization of health , safety and
security of workers in Nigeria is the
law and our justice system. For
instance, the court has ruled that ILO
Conventions are International Treaties
and as such they are subject to Section
12 of the 1999 Constitution, and that
for any treaty or ILO Convention to have
force of law in Nigeria, it must first
be ratified by the Federal government of
Nigeria and secondly must be
domesticated or passed into law by the
National Assembly. See Abacha vs.
Fawehinmi ((2000) 6 NWLR (Pt.660)226)
and MHWUN vs. Minister of Labour and
Productivity& ors ((2005)17 NWLR
(Pt.953).
This
is very serious when one considers that
Nigeria has not even ratified a sizeable
number of ILO Conventions on Workers
Health and Safety, and that the existing
legislations on workers health and
safety are seriously in need of review.
A lot of legal luminaries have observed
that there is clearly a need for laws
that will adequately address the
problems arising from the concern for
the health, safety and welfare of
citizens in general and those who work
in factories or are engaged in
industrial activities in particular.
Participants at the Workshop on
“Workers’ safety and compensation in
Nigerian Industry” organized by the
House of Representatives’ Committee on
Labour, Productivity and Employment, in
collaboration with Friedrich Ebert
Stiftung (FES) in Makurdi, Benue State
from May 30 -31 2006 in their communiqué
stressed the need for an amendment to
the current Workmen Compensation and
Factory Acts which they considered as
inadequate, outdated, and faulty in
several respects.
4.2 LABOUR MARKET SITUATION:
The labour market situation in Nigeria
is such that there are too many people
chasing too few jobs. The level of
unemployment and poverty in Nigeria
today is unprecedented . It is so
serious that
Nigerians are seriously worried by the
huge and unprecedented job losses
occasioned by (a)The Global economic
meltdown (b)The relocation of companies
from Rivers State because of the Niger
Delta security crises (c)The relocation
of companies from Nigeria to
neighbouring countries because of the
hydra headed power sector problems , the
prevalent multiple taxation , security
challenges, corruption, terrible
conditions of basic infrastructure , the
unacceptable high cost of doing business
in Nigeria worsened by the clear
manifestation of the so-called voracity
effect(i.e. the absence of strong
institutions and the prevalence of
multiple powerful groups and strong men
struggling for their share of the
so-called national cake at the expense
of the much needed Nigerias economic
development ) and Dutch disease (i.e.
the obvious relationship between the
increase in exploitation of natural
resources and a decline in the
manufacturing sector ) (d) Reforms in
the banking , petroleum, public sectors
etc worsened by the irrational and
inhuman responses to these reforms by
some employers of labour.
One
of the implications for Health, Safety
and Security at Work is that the average
worker is afraid to ask for his right to
decent work and to a safe and healthy
working environment. When they summon
courage to do so, they are met with
harsh response such as termination and
unprocedural redundancies by the
employers and a long wait to obtain
justice. The truth is that even when the
law is on your side, it could take some
10 years for government officials and
the courts to undo an employer's illegal
punishment of a worker who exercises a
safety and health right. This is more
pathetic for non-unionised workers,
casual workers and contract staff.
4.3 GLOBAL ECONOMIC CRISES:
That there is a global economic crisis
of a very huge and worrisome dimension
is no longer news. It is also not in
dispute that the crises had adversely
affected the already battered Nigerian
economy leading to the melting away of
the capital markets and the increase in
interest rates as Government borrowing
to augment the shortfall in revenue is
crowding out private borrowing.
Companies and institutions are daily
reviewing their strategy to surmount the
crises. Downsizing, right sizing,
redundancies and all kinds of
restructuring are the order of the day.
Overwork, work related stress and social
disintegration due to the absence of
work-life-balance are emerging risks
that need to be urgently addressed.
Labour Unions and Government should work
closely with the employers to ensure
that safety, security and health
measures policies are not compromised
and that there is adequate mechanism in
place to prevent workplace accidents,
diseases and fatalities.
4.4 THE INSECURITY IN THE NIGER DELTA:
The insecurity in the Niger Delta has
led to the death, injury and maiming of
many workers and their family members. A
lot of workers and indeed other
residents of the Niger Delta have been
killed and/or kidnapped and this
obviously adds a very dangerous and new
dimension to the safety and health of
workers. Traumatized workers and their
family members are worried about who
could be next. The urgency of resolving
the insecurity in the Niger delta cannot
be over emphasised. The failure of the
post amnesty programme has dimmed the
hope of a full return of peace. The
relocation of companies from the Niger
Delta and Rivers State has also
increased the temptation for idle and
unemployed youths to indulge in crimes
and other anti-social behaviour.
The
Federal and States governments should as
a matter of urgency review the post
amnesty programme with a view to
addressing the key issues of development
of the
Niger
Delta, rehabilitation and reintegration
of the ex-militants and the fulfilment
of the promises made during the amnesty
programme. These are necessary for
confidence and peace building which is
an important aspect of the peace
process. Companies that relocated from
the Niger Delta and Rivers State should
be encouraged to return as they have an
important role in sustaining and
improving on the return of peace in the
Niger Delta.
4.5 NON-UNIONISED WORKERS, CASUALISATION
AND CONTRACT STAFF:
Non-unionised workers as experience has
shown are the greatest victims of unsafe
and unhealthy work places. Empirical
evidence confirms that the respect for
workers’ health, safety and dignity are
very much likely to be violated for
non-unionised workers, casual workers
and contract staff of all categories.
This is quite understandable and that is
why the constitution, extant labour
laws, African Charter on Human and
People Rights(Ratification and
Enforcement Act) 1990 as well as ILO
conventions 87 and 98 seek to guarantee
the right of workers to join a trade
union for their protection.
However according to Dr. Ovunda
Okene
in his paper titled ‘Curbing State
Interference in Workers' Freedom of
Association in Nigeria’, ‘’Freedom of
association extends to the personal
dignity and safety of workers; they must
be free to associate and organize
without fear or molestation. This is a
significant aspect of trade union
rights. However, it is not uncommon to
hear of violence, injuries, loss of
life, cruelty, torture and other forms
of ill treatment, forced exile, and
disappearances of workers all over the
world. Many workers who try to form
trade unions are spied on, harassed,
pressured, threatened, suspended, fired,
deported, or otherwise victimized in
reprisal for exercising their right to
freedom of association. The state must
ensure that the lives of workers and
especially their leadership are
protected from both the state itself and
others.’’ A current example is the
termination of the employment of the
PENGASSAN branch Chairman and key
officers by the Management of Pressure
Control Systems Limited( A GE company)
for spearheading the unionization of the
workers..
Dr. Ovunda Okene also recalls and sadly
too, ‘’that
In Nigeria, workers' right to personal
dignity and safety is very precarious.
Violence against trade unionists is
endemic, including murder,
disappearance, intimidation, torture,
harassment, and detention.’’ He
recounted the experience of Comrade
Adams Oshiomhole, Chief Milton Dabibi
and Chief Frank Kokori. You would recall
that Comrade Chief Milton Dabibi, the
then general secretary of the Petroleum
and Natural Gas Senior Staff
Association (PENGASSAN), Chief Frank
Kokori, then general secretary of
National Union of Petroleum and Natural
Gas Workers (NUPENG) and many other
union leaders were detained between 1994
and 1996, for more than two years
without charge or trial. When they fell
into poor health, access to medical care
was denied them.
The
above notwithstanding and even the
repressive actions of companies like
Pressure Control Systems Limited etc,
Trade Unions must however continue to
display courage and solidarity in the
protection of the rights and welfare of
their members and in the mobilisation of
Nigerians against unpopular government
policies. If people like Chief Milton
Dabibi and Frank Kokori did not stand up
to the challenge of their time, the
current democratic dispensation may have
eluded us. Trade unions must also
intensify their efforts at unionizing
the workers and protecting their rights
if they must continue to remain
relevant. No amount of fear, evil and
oppression can kill the will and
determination of the people in their
pursuit for social justice and a fair
society; except if the people themselves
are not determined and united in such
struggle. History is replete with
examples. Moreover it is unlawful for an
employment contract to require or to
restrain an employee from joining a
Trade Union. In the same fashion,
employees’ contracts cannot be
extinguished by reason of the employee
joining a Trade Union. In conclusion,
therefore, all workers, whether they are
permanent staff, agency or contract
staff of any category, have the right to
join a trade union and bargain
collectively. This is a constitutional
right as well as a right under the ILO
Convention and the trade unions must
help them exercise their right.
4.6 SUPERVISION CAPACITY OF THE FEDERAL
GOVERNMENT AGENCIES:
There are doubts in some quarters as to
whether the Federal Government has
sufficient qualified personnel for the
inspection of our factories for the
purpose of ensuring that the provisions
of the law are effectively and
adequately observed by factory operators
including those engaged in the oil and
gas business. A very close examination
of the number of officers working in the
Federal Ministry of Labour and
Productivity in say Port Harcourt
vis-à-vis the level of industrial
activities in Rivers State tend to
support this line of thinking. In
addition any critical review of court
rulings in this area will reveal that
almost all the cases are English Cases
and that there have been very few
Prosecutions under our law. As a Union
leader, I still believe that a lot need
to be done to increase the capacity of
the Ministry and other relevant
government agencies to discharge this
very important duty as empirical
evidence has shown that quite a lot of
these accidents and work related
diseases are preventable.
4.7 IGNORANCE AND LACK OF AWARENESS OF
THE RIGHTS BY THE WORKERS TO A SAFE,
HEALTHY AND SECURED WORKPLACE AND OF THE
EMERGING THREATS AND NEW PATTERNS OF
PREVENTION:
All workers, whether they are permanent
staff, agency or contractors, need to be
aware of issues that affect their health
and safety at work. They also should be
aware of the new risks and threats to
health, safety and security at work
including the new patterns of prevention
and mitigating actions. Also, although
the unions have fought and achieved
certain basic legal and contractual
health and safety rights for workers, it
is obvious that a sizeable number of
workers do not even know these rights.
Efforts such as this should be
encouraged so as to let workers know
these rights. I also encourage the
various trade unions and their labour
centres to champion the crusade for the
education of their members as regards
their rights to a safe and healthy
workplace. Remember even the Bible in
Hosea 4:6 says ‘’my people are destroyed
for lack of knowledge’’.
4.8 ELECTORAL REFORMS AND CREDIBLE
ELECTIONS:
You may begin to wonder how Electoral
reforms and credible elections can
contribute to the promotion of a safe,
secured and healthy workplace. The truth
is that a government which is truly
elected and representative of the people
will embark on people oriented projects
, review the laws that affect workers
including those relating to health and
safety , put in place policies that will
tackle poverty and unemployment, ensure
the safety of its workforce and indeed
the country’s workforce and ensure that
in line with Section 17 (3) (b and c )
of the 1999 Constitution of the Federal
Republic of Nigeria the conditions of
work are just and humane, … and that the
health, safety and welfare of all
persons in employment are safeguarded
and not endangered or abused. There is
therefore a direct link between
electoral reforms, credible election and
the welfare of the workers and indeed
the citizens of our country. The Rivers
State Council of Trade Union Congress (TUC)
therefore restates the position of the
National Executive Council meeting of
TUC held on February 19th 2010 and the
TUC National Triennial Delegates
Conference of March 18th and 19th that
for Nigeria to move forward there is no
better alternative to electoral reform
and credible elections.
5. CONCLUSION AND RECOMMENDATIONS
The International Labour Organization (ILO)
estimates that 270 million work
accidents occur annually while 160
million are estimated to suffer from
work-related illnesses. About 2.2
million die worldwide due to such
accidents – a death toll averaging some
6,000 workers a day.
I would like to think that this figure
does not include former employees whose
health are now adversely affected by the
work they did and by the conditions of
the place they worked. This figure is
sadly expected to grow in view of the
current global financial crises, other
emerging risks and the changing pattern
of works. This therefore underscores the
importance and urgency of addressing the
issues and concerns as well as
recommendations that will be reached at
the end of this seminar. It also calls
for the continuous review of the
patterns of prevention and involvement
of the workers through social dialogue.
This
as we have aforementioned is because if
nothing drastic is done to protect
workers and ensure that employers and
government put in place appropriate
mechanisms aimed at the prevention of
these accidents, illnesses and
fatalities; the statistics will increase
by geometric progression.
To this end, therefore, the following
suggestions, in addition to others that
may have been made elsewhere in this
paper, should be given adequate
attention:
a) There should be a culture of sharing
information about emerging health,
safety and security risks and new
patterns of preventions at enterprise,
national and international levels.
b) The ILO adopted Guidelines on
Occupational Safety and Health
Management Systems (ILO-OSH 2001) should
be considered in the implementation of
Health and Safety programmes.
c) Carryout regular health promotion
programmes at enterprise, national and
international level which are designed
to encourage and help build healthy
behaviour, especially in relation to
alcohol and drug abuse, tobacco, stress
and mental health, nutrition, physical
exercise, etc.
d)Employers and governments should
build and maintain a preventative
safety and health culture with a view
creating and increasing general
awareness, knowledge and understanding
of hazards and risks and how they may be
prevented or controlled, as well as
enabling an exchange of experience and
good practice on health , safety and
security.
e) Accident prevention programmes,
including the use of protective
equipment, safety education, machine
guarding, a work permit system,
effective supervision at work sites and
the enforcement of factory laws and
regulations should be pursued
vigorously.
f) The Federal government should ratify
the ILO Conventions on Health and safety
that they have yet to ratify, while the
National Assembly should pass the
ratified ILO conventions into laws. To
this end we would request the Federal
Ministry of labour and Productivity to
assist us appeal to the National
Assembly to further expedite action on
the Bill for an Act to Make
Comprehensive Provisions for
Occupational Safety and Health in
Workplaces and for Matters Connected
Therewith. We would also like to use the
opportunity presented by this forum to
thank the National Assembly for the
progress made so far on the bill and
appeal to them to further expedite
action in passing the bill into law in
the interest of the Nigerian workers who
look unto them for protection against
the flipside of capitalism.
g) Trade Unions should educate their
members on their right to decent work
including safe and healthy workplace.
They should ensure that these rights are
captured in the collective bargaining
agreements and employee handbook in all
the companies under their jurisdiction.
They should also ensure that all legal
provisions on the protection of the
health and safety of workers are duly
observed and respected and that there
are adequate arrangements to reasonably
cater for the health of employees
affected by redundancy and retirement
.This arrangement should include full
and comprehensive medical examination to
confirm the extent to which their health
has been impacted by their work and the
medical arrangement to mitigate the
identified risks. They should also
ensure that all workers have a
comprehensive medical cover either via
Company nominated clinics or utilising
the National Health Insurance Scheme.
Although preference could be given to
the use of competent company retainer
clinics.
h) The Federal Government should ensure
that it gives the Federal Ministry of
Labour and Productivity, the Department
of Petroleum Resources and other
relevant government agencies all that
they require to carry out effective
inspection of all factories and
worksites as well as adequate
enforcement of the existing labour laws.
i) State Governments should leverage on
the fact that the health, safety and
welfare of persons employed to work in
factories etc is in the concurrent list
of the Constitution and hence they
should engage their state houses of
assembly to enact laws that will ensure
the protection and advancement of the
right of workers
to safe and health workplace. As at
today, it appears it is only the Federal
Government that has enacted a Factories
Act. The States Government especially
those of the Niger Delta States have not
done anything in this direction.
j) Companies and governments should
recognize stress as a workplace issue
and provide assistance to individuals to
identify and treat the root cause of the
problem
k) All workers, whether they are
permanent staff, agency or contractors
should be made aware of their right to
join a trade union and bargain
collectively. This is the first and
basic step for the protection of their
rights as workers.
l) Employers should give young workers
only work that is appropriate to their
skills and with adequate Health and
safety training, supervision and safety
measures.
m) Trade unions and Federal Ministry of
Labour and Productivity should ensure
that all workers, whether they are
permanent staff, agency or contractors
should be covered by Workmen’s
Compensation Insurance and Life
insurance from a reputable Insurance
Companies in line with the law. They
should also ensure that
Workers have effective and working
medical and health cover either via
competent retainer clinics or at least
via the National Health Insurance
Scheme.
n) The penalties for breaches of the
provisions of the Labour Laws by
employers should be reviewed in line
with the current economic realities. The
current regime of penalties is
insufficient and even ridiculous,
thereby encouraging the deliberate
default on the part of the employers.
o) Establish a national system for the
assessment and classification of
chemicals and other materials and
ensure adequate flow of information from
manufacturers and importers to workplace
users through labelling and material
safety datasheets(MSDS)/ chemical safety
datasheets(CSDS). Such information
should include hazards and safety
precautions (including control and
emergency measures), as well as legal
requirements. Workers need to be
adequately informed and trained with
regard to potential hazards, and
appropriate engineering controls in
place to limit exposure
p) Let me state that workers, employers
and Government have a shared
responsibility for safety and health at
work, and we must work vigorously to
achieve a safe and healthy workplace.
Finally let me leave you with this
statement from the ILO on Right to
decent work.
‘‘Work can only be decent if it is safe
and healthy. Work that is well paid
But unsafe is not decent. Work practiced
freely but which exposes workers
to health hazards is not decent. A fair
employment contract for a work that
impairs one’s well-being is not decent
work. Decent Work must be safe work.’’
Thank you for you attention.
Comrade Hyginus Chika Onuegbu FCA
Appendix 1
ILO List of occupational diseases1
(revised 2010)
1.
Occupational diseases caused by exposure
to agents arising from work activities
1.1.
Diseases caused by chemical agents
1.1.1. Diseases caused by beryllium or
its compounds
1.1.2. Diseases caused by cadmium or its
compounds
1.1.3. Diseases caused by phosphorus or
its compounds
1.1.4. Diseases caused by chromium or
its compounds
1.1.5. Diseases caused by manganese or
its compounds
1.1.6. Diseases caused by arsenic or its
compounds
1.1.7. Diseases caused by mercury or its
compounds
1.1.8. Diseases caused by lead or its
compounds
1.1.9. Diseases caused by fluorine or
its compounds
1.1.10. Diseases caused by carbon
disulfide
1.1.11. Diseases caused by halogen
derivatives of aliphatic or aromatic
hydrocarbons
1.1.12. Diseases caused by benzene or
its homologues
1.1.13. Diseases caused by nitro- and
amino-derivatives of benzene or its
homologues
1.1.14. Diseases caused by
nitroglycerine or other nitric acid
esters 1.1.15. Diseases caused by
alcohols, glycols or ketones
1.1.16. Diseases caused by asphyxiants
like carbon monoxide, hydrogen sulfide,
hydrogen cyanide
or its derivatives
1.1.17. Diseases caused by acrylonitrile
1.1.18. Diseases caused by oxides of
nitrogen
1.1.19. Diseases caused by vanadium or
its compounds
1.1.20. Diseases caused by antimony or
its compounds
1.1.21. Diseases caused by hexane
1.1.22. Diseases caused by mineral acids
1.1.23. Diseases caused by
pharmaceutical agents
1.1.24. Diseases caused by nickel or its
compounds
1
In the application of this list the
degree and type of exposure and the work
or occupation involving a particular
risk of exposure should be taken into
account when appropriate.
1.1.25. Diseases caused by thallium or
its compounds
1.1.26. Diseases caused by osmium or its
compounds
1.1.27. Diseases caused by selenium or
its compounds
1.1.28. Diseases caused by copper or its
compounds
1.1.29. Diseases caused by platinum or
its compounds
1.1.30. Diseases caused by tin or its
compounds
1.1.31. Diseases caused by zinc or its
compounds
1.1.32. Diseases caused by phosgene
1.1.33. Diseases caused by corneal
irritants like benzoquinone
1.1.34. Diseases caused by ammonia
1.1.35. Diseases caused by isocyanates
1.1.36. Diseases caused by pesticides
1.1.37. Diseases caused by sulphur
oxides
1.1.38. Diseases caused by organic
solvents
1.1.39. Diseases caused by latex or
latex-containing products
1.1.40. Diseases caused by chlorine
1.1.41. Diseases caused by other
chemical agents at work not mentioned in
the preceding items
where a direct link is established
scientifically, or determined by methods
appropriate to
national conditions and practice,
between the exposure to these chemical
agents arising
from work activities and the disease(s)
contracted by the worker
1.2.
Diseases caused by physical agents
1.2.1. Hearing impairment caused by
noise
1.2.2. Diseases caused by vibration
(disorders of muscles, tendons, bones,
joints, peripheral blood
vessels or peripheral nerves)
1.2.3. Diseases caused by compressed or
decompressed air
1.2.4. Diseases caused by ionizing
radiations
1.2.5. Diseases caused by optical
(ultraviolet, visible light, infrared)
radiations including laser
1.2.6. Diseases caused by exposure to
extreme temperatures
1.2.7. Diseases caused by other physical
agents at work not mentioned in the
preceding items
where a direct link is established
scientifically, or determined by methods
appropriate to
national conditions and practice,
between the exposure to these physical
agents arising from
work activities and the disease(s)
contracted by the worker
1.3.
Biological agents and infectious or
parasitic diseases
1.3.1. Brucellosis
1.3.2. Hepatitis viruses
1.3.3. Human immunodeficiency virus
(HIV)
1.3.4. Tetanus
1.3.5. Tuberculosis
1.3.6. Toxic or inflammatory syndromes
associated with bacterial or fungal
contaminants
1.3.7. Anthrax
1.3.8. Leptospirosis
1.3.9. Diseases caused by other
biological agents at work not mentioned
in the preceding items
where a direct link is established
scientifically, or determined by methods
appropriate to
national conditions and practice,
between the exposure to these biological
agents arising
from work activities and the disease(s)
contracted by the worker
2.
Occupational diseases by target organ
systems
2.1.
Respiratory diseases
2.1.1. Pneumoconioses caused by
fibrogenic mineral dust (silicosis,
anthraco-silicosis, asbestosis)
2.1.2. Silicotuberculosis
2.1.3. Pneumoconioses caused by non-fibrogenic
mineral dust
2.1.4. Siderosis
2.1.5. Bronchopulmonary diseases caused
by hard-metal dust
2.1.6. Bronchopulmonary diseases caused
by dust of cotton (byssinosis), flax,
hemp, sisal or sugar
cane (bagassosis)
2.1.7. Asthma caused by recognized
sensitizing agents or irritants inherent
to the work process
2.1.8. Extrinsic allergic alveolitis
caused by the inhalation of organic
dusts or microbially
contaminated aerosols, arising from work
activities
2.1.9. Chronic obstructive pulmonary
diseases caused by inhalation of coal
dust, dust from stone
quarries, wood dust, dust from cereals
and agricultural work, dust in animal
stables, dust
from textiles, and paper dust, arising
from work activities
2.1.10. Diseases of the lung caused by
aluminium
2.1.11. Upper airways disorders caused
by recognized sensitizing agents or
irritants inherent to the
work process
2.1.12. Other respiratory diseases not
mentioned in the preceding items where a
direct link is
established scientifically, or
determined by methods appropriate to
national conditions and
practice, between the exposure to risk
factors arising from work activities and
the disease(s)
contracted by the worker
2.2.
Skin diseases
2.2.1. Allergic contact dermatoses and
contact urticaria caused by other
recognized allergyprovoking
agents arising from work activities not
included in other items
2.2.2. Irritant contact dermatoses
caused by other recognized irritant
agents arising from work
activities not included in other items
2.2.3. Vitiligo caused by other
recognized agents arising from work
activities not included in other
items
2.2.4. Other skin diseases caused by
physical, chemical or biological agents
at work not included
under other items where a direct link is
established scientifically, or
determined by methods
appropriate to national conditions and
practice, between the exposure to risk
factors arising
from work activities and the skin
disease(s) contracted by the worker
2.3.
Musculoskeletal disorders
2.3.1. Radial styloid tenosynovitis due
to repetitive movements, forceful
exertions and extreme
postures of the wrist
2.3.2. Chronic tenosynovitis of hand and
wrist due to repetitive movements,
forceful exertions and
extreme postures of the wrist
2.3.3. Olecranon bursitis due to
prolonged pressure of the elbow region
2.3.4. Prepatellar bursitis due to
prolonged stay in kneeling position
2.3.5. Epicondylitis due to repetitive
forceful work
2.3.6. Meniscus lesions following
extended periods of work in a kneeling
or squatting position
2.3.7. Carpal tunnel syndrome due to
extended periods of repetitive forceful
work, work involving
vibration, extreme postures of the
wrist, or a combination of the three
2.3.8. Other musculoskeletal disorders
not mentioned in the preceding items
where a direct link is
established scientifically, or
determined by methods appropriate to
national conditions and
practice, between the exposure to risk
factors arising from work activities and
the
musculoskeletal disorder(s) contracted
by the worker
2.4.
Mental and behavioural disorders
2.4.1. Post-traumatic stress disorder
2.4.2. Other mental or behavioural
disorders not mentioned in the preceding
item where a direct
link is established scientifically, or
determined by methods appropriate to
national conditions
and practice, between the exposure to
risk factors arising from work
activities and the mental
and behavioural disorder(s) contracted
by the worker
3.
Occupational cancer
3.1.
Cancer caused by the following agents
3.1.1. Asbestos
3.1.2. Benzidine and its salts
3.1.3. Bis-chloromethyl ether (BCME)
3.1.4. Chromium VI compounds
3.1.5. Coal tars, coal tar pitches or
soots
3.1.6. Beta-naphthylamine
3.1.7. Vinyl chloride
3.1.8. Benzene
3.1.9. Toxic nitro- and
amino-derivatives of benzene or its
homologues
3.1.10. Ionizing radiations
3.1.11. Tar, pitch, bitumen, mineral
oil, anthracene, or the compounds,
products or residues of these
substances
3.1.12. Coke oven emissions
3.1.13. Nickel compounds
3.1.14. Wood dust
3.1.15. Arsenic and its compounds
3.1.16. Beryllium and its compounds
3.1.17. Cadmium and its compounds
3.1.18. Erionite
3.1.19. Ethylene oxide
3.1.20. Hepatitis B virus (HBV) and
hepatitis C virus (HCV)
3.1.21. Cancers caused by other agents
at work not mentioned in the preceding
items where a
direct link is established
scientifically, or determined by methods
appropriate to national
conditions and practice, between the
exposure to these agents arising from
work activities
and the cancer(s) contracted by the
worker
4.
Other diseases
4.1.
Miners' nystagmus
4.2.
Other specific diseases caused by
occupations or processes not mentioned
in this
list
where a direct link is established
scientifically, or determined by methods
appropriate to national conditions and
practice, between the exposure arising
from
work
activities and the disease(s) contracted
by the worker
Comrade Hyginus Chika Onuegbu FCARivers
State Chairman TUCRIVERS
STATE CHAIRMAN
TRADE UNION CONGRESS OF NIGERIA (TUC)
presented at
2010
World Day for Safety
and Health at Work
28 April 2010
ORGANISED
BY
THE FEDERAL MINISTRY OF LABOUR &
PRODUCTIVITY
PORT HARCOURT.
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