A/HRC/42/41
economy, bearing in mind that those working in the informal sector are usually not captured
in statistics on the impacts of hazardous substances on workers.
34.
States must eliminate the worst forms of child labour, which include circumstances
where children use or are otherwise exposed to toxic substances at work. States must also
integrate gender-specific approaches to prevention of workers’ exposure to toxic
substances. Safeguarding reproductive health from hazardous working conditions is a core
obligation of States in the elimination of discrimination against women in employment.
Women workers have a right to special protection during all periods that pose reproductive
risks to them 31 as well as to their offspring, which requires protection from work that
exposes them or their fetus to toxic chemicals. At the same time, women should not be
deprived of equal opportunities for employment or income. Women workers may also be
exposed to toxic substances at work before and during the earliest stages of pregnancy, or
even before they may know they are pregnant. This reality requires special care on the part
of States and businesses to protect women’s reproductive health by preventing their
exposure to toxic substances without limiting employment in a discriminatory fashion. The
best means of doing so is by eliminating toxic substances at work and applying appropriate
standards of protections to all workers. 32
Principle 3 – Business enterprises have a responsibility to prevent occupational
exposures to toxic substances.
Commentary
35.
In today’s world virtually every sector of the economy is implicated in the ongoing
abuse of the right to safe and healthy work, including the world’s most economically
powerful and technologically advanced industries. Many of these industries and sectors
have – by their own design – vast and opaque supply chains, including links to the informal
economy. Some of these business enterprises are not obviously implicated, for example,
financial institutions that trade gold extracted by informal workers using mercury, resulting
in severe health impacts, particularly for women workers and their children.
36.
These enterprises include employers, purchasers of products and suppliers of toxic
substances, among others. In the case of occupational exposures, the impacts that business
enterprises are responsible for include exposure to toxic substances and adverse health
outcomes. The responsibilities of businesses regarding safe and healthy working conditions
require the continuous improvement of working conditions and extend to their business
relationships, both at home and abroad, and their products’ life cycles.33
37.
Business enterprises can develop and adopt alternatives that reduce harm to human
health and the environmental impact of their operations and business relationships. Some
have already done so. However, many enterprises have not, including many that have
outsourced and/or buried the problem of toxic exposure further down their global supply
chains. This has enabled them to continue “business as usual” instead of adopting measures
to respect workers’ rights affected by toxic work, despite increasing expectations that
business enterprises should prevent exposure to toxics as part of their human rights due
diligence.
38.
Business enterprises have a responsibility to prevent occupational exposures to toxic
substances as part of the due diligence expected of them, to “prevent [and] mitigate”
impacts on human rights.34 Prevention of human rights abuse is principal and a prelude to
mitigation in due diligence procedures.35 To prevent adverse impacts on workers’ rights,
31
32
33
34
35
Convention on the Elimination of All Forms of Discrimination against Women, art. 11 (2) (d).
A/33/41, paras. 32–33.
See, for example, Global Sustainability Standards Board, Global Reporting Initiative, GRI 403:
Occupational Health and Safety 2018. For definitions of business relationships and the value chain,
see Office of the United Nations High Commissioner for Human Rights, The Corporate
Responsibility to Respect Human Rights: An Interpretive Guide (2012).
Guiding Principles on Business and Human Rights, principle 15.
Ibid.
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