A/HRC/39/48 A. Principles on duties and responsibilities to prevent exposure 76. States have a duty and business enterprises a responsibility to respect, protect and fulfil the rights of workers; consumers, the military, investors and others also have responsibilities that must be considered. Principle 1 — States have a duty to protect the human rights of all workers through the prevention of exposure to toxic substances. 77. States must do everything in their power to protect all workers from occupational exposures to toxic substances in their territory and/or jurisdiction. This duty exists regardless of whether the employer is a business enterprise or the State. This requires taking appropriate steps to prevent, investigate, punish and provide redress for cases of occupational exposures to toxic and otherwise hazardous substances through effective policies, legislation, regulation and enforcement, as well as adjudication.68 78. Human rights are universal. Everyone has the same right to safe and healthy work, regardless of income, age, gender, ethnicity, race, religion or other class or status. States have heightened duties regarding the protection of workers at elevated social or physiological risks, including informal workers in global supply chains. Migrants, minorities and persons with disabilities have the right to equal standards of protection. Children and pregnant women should never use or otherwise be exposed to toxic substances at work. Special measures must be taken for the protection of workers in high-risk sectors such as mining, agriculture, construction, energy, the military, manufacturing and waste disposal, among others, from exposure to toxic substances. Principle 2 — Business enterprises have a responsibility to prevent occupational exposures to toxic substances. 79. Business enterprises have a responsibility, as part of the due diligence expected of them, to “prevent [and] mitigate” impacts on human rights, including workers’ rights, due to exposures to toxic substances. 69 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 impacts. This responsibility calls for the continuous improvement of working conditions and extends to human rights impacts to which they are linked through their business relationships and supply chains, both at home and abroad, and throughout their products’ lifecycles.70 80. Prevention of human rights abuse is principal and a prelude to mitigation in due diligence procedures. 71 To prevent impacts on workers’ rights, business enterprises have a responsibility, first and foremost, to prevent exposure through the elimination of toxic substances from their products and production processes to the maximum extent possible. If hazards cannot be eliminated, business enterprises should rigorously and systematically apply the hierarchy of hazard controls to prevent exposure, with personal protective equipment the last resort. To the extent that exposure cannot be avoided after applying the hierarchy, business enterprises must mitigate the impacts of exposure on health. Principle 3 — Hazard elimination is paramount in preventing occupational exposures. 81. States should include the hierarchy of hazard controls in legislation to prevent to the extent possible exposure of workers to toxic substances. States should ensure 68 69 70 71 16 Guiding Principles on Business and Human Rights, principles 1, 4 and 15. Ibid., principle 15. See, for example, Global Sustainability Standards Board, Global Reporting Initiative, GRI 403: Occupational Health and Safety 2018. Guiding Principles on Business and Human Rights.