A/HRC/20/15 workplace in a clear, comprehensible manner so they may themselves determine whether to engage in dangerous or unsafe work. 26. States must also not interfere, through its laws and policies or the acts of its officials, with communication and interactions amongst workers and between workers and the civil society regarding occupational health concerns. States must further facilitate the transmission of information pertaining to occupational health from affected workers directly to State officials. This may take the form of a complaint mechanism or a forum in which affected workers engage directly with relevant State officials or bodies in order to address violations of the right to occupational health. In some cases, these communications are barred by non-disclosure laws and mandatory contractual provisions between workers and their employers. States should ensure whistle-blower provisions or similar protections that supersede contractual obligations are in place to allow workers to disclose information regarding their occupational health publicly and directly to the State without fear of reprisal. 27. States must also guarantee that the process of law and policy formulation is fair and transparent and inclusive of all affected workers.25 Fair participation requires States to facilitate a law and policy formulation process in which workers‟ views and experiential knowledge are given equal consideration along with that of employers and government officials. For example, workers or their representatives must be included on policymaking bodies, and mechanisms must be available by which workers can provide direct and immediate input into the law- and policymaking processes. Transparency requires that information about all aspects of the process of law and policy formulation be made available and accessible to workers and their representatives. It further requires that the rationale and basis for all decisions made by the State at each stage in the process be made available and accessible to workers. State decisions affecting workers‟ occupational health must not be made behind closed doors. 28. For example, processes surrounding the negotiation of free trade agreements have lacked transparency and have not involved the participation of affected communities. As discussed earlier, the proliferation of free trade agreements is an element of globalization, which directly impacts the occupational health of workers. The right to occupational health requires States to incorporate workers‟ views and experiential knowledge into processes surrounding the negotiations of free trade agreements. Additionally, transparency requires States to make publicly available and accessible all draft agreements, negotiation proposals, minutes from negotiation meetings, and all other relevant information. 29. Participation of workers in the formulation and implementation of occupational health laws and policies is particularly critical for the informal workforce. The need for the active and informed participation of informal workers in the formulation and implementation of occupational health laws and policies is particularly acute given the traditional State neglect of this sector. Monitoring and evaluation 30. Under the right to health, States have a dual obligation to monitor and evaluate occupational health. As a prerequisite to the obligation to formulate and implement a national occupational health policy, States must conduct disease and epidemiological surveillance, including the collection of disaggregated data, in order to understand workers‟ health risks in all sectors, as well as human rights, health impact assessments and risk 25 10 Helen Potts, Participation and the right to the highest attainable standard of health (Essex, United Kingdom, University of Essex, Human Rights Centre, 2008), p. 22.