A/HRC/23/41 mechanisms like sponsorship systems in some countries, encourage exploitative practices. 97 Sponsorship ties a migrant‟s authorization to work with one specific employer, and in some States, sponsorship gives an employer the power to refuse a migrant worker‟s request to transfer to another employer – such transfer may be sought due to abusive or unsafe working conditions.98 Construction work 47. Construction work is inherently hazardous because it involves working on scaffolding and unfinished structures and using powerful machinery. Falls have been found to be more common among migrant workers,99 while hand injuries from power tools and eye injuries from building materials lodging in unprotected eyes are also frequent occurrences.100 In hot climates, heat stroke, exhaustion, dehydration and heat-related cardiac conditions are of particular concern, especially for those compelled to work excessive hours.101 In addition, physical abuse by employers, overcrowded and unsanitary accommodation, non-payment of wages, confiscation of passports and contract substitution further increase health risks posed by construction work.102 48. The provision of on-site training and protective equipment is necessary for the enjoyment of the right to a healthy working environment. Migrant construction workers often enter construction sites without appropriate training or sufficient protective equipment, for example safety ropes when working from heights. 103 Further, instruction or training may not be provided in a language understandable to migrant workers, which may lead to greater occupational injuries and death among migrant workers.104 49. States should ensure relief and remedies for migrant workers injured due to violation of their right to occupational health.105 However, a lack of coverage under workers‟ health insurance or compensation schemes has often afflicted migrant workers, particularly irregular migrant workers.106 Additionally, the preponderance of sub-contracting 97 98 99 100 101 102 103 104 105 106 HRW, Building a Better World Cup: Protecting Migrant Workers in Qatar ahead of FIFA 2022 (2012), p. 6; Simona M. Gallo Mosala, “The Work Experience of Zimbabwean Migrants in South Africa”, Issues Paper No. 33, (ILO Sub-Regional Office for Southern Africa, 2008), p. 23. HRW, Slow Movement: Protection of Migrants’ Rights in 2009 (December 2009), p. 8. Xiuwen Dong and James W. Platner, “Occupational fatalities of Hispanic construction workers from 1992 to 2000”, American Journal of Industrial Medicine, vol. 45, Iss. 1 (January 2004), pp. 50-51. Sevil Sönmez and others, “Human rights and health disparities”, p. 5 (see footnote 63). Ibid., p. 4. HRW, Slow Movement, p. 8 (see footnote 98); HRW, “Are You Happy to Cheat Us?”: Exploitation of Migrant Construction Workers in Russia (2009); HRW, United Arab Emirates. “The Island of Happiness”: Exploitation of Migrant Workers on Saadiyat Island, Abu Dhabi (2009); A/HRC/14/30, paras. 44 and 49. HRW, Building a Better World Cup, pp. 4 and 68 (see footnote 97); Xiuwen Dong and James W. Platner “Occupational fatalities”, p. 48 (see footnote 99). Marc B. Schenker, “A Global Perspective of Migration and Occupational Health”, American Journal of Industrial Medicine, vol. 53, No. 4 (April 2010), p. 331; Manuel Carballo, Jose Julio Divino, Damir Zeric, “Migration and health in the European Union”, Tropical Medicine and International Health, vol. 3, No. 12 (1998), p. 939. A/HRC/20/15, para. 59. HRW, United Arab Emirates. Building Towers, Cheating Workers: Exploitation of Migrant Construction Workers in the United Arab Emirates, vol. 18, No. 8 (E) (November 2006), p. 49; Lori A. Nessel, “Disposable Workers: Applying a Human Rights Framework to Analyze Duties Owed to Seriously Injured or Ill Migrants”, Indiana Journal of Global Legal Studies, vol. 19, Iss.1 (2012), p. 62. 15

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