Report
References to occupational exposures
the management of chemical risks is generally poorer. The report also expresses concern about
multiple exposures on emerging biological, physical and psychosocial emerging risks.
Challenges faced by workers
health
•
Failures to realize
the right to
information
•
Inaccessible
remedies, justice
and accountability
•
Opaque supply
chains and the
transfer of
hazardous work
•
Restrained freedom
of association
In both areas of private liability — the Environmental Liability Act and Law on Pharmaceuticals
— a shift in the burden of proof to reflect a victims-based approach is welcomed. However, in the
area of occupational health and safety, the Special Rapporteur heard of the immense challenges
still faced by workers who fall ill from toxic chemicals to access any remedy.
•
Inaccessible
remedies, justice
and accountability
The Special Rapporteur is particularly concerned that European Union business enterprises,
beyond Germany businesses, are exporting their manufacturing activities — and the risks to
workers of toxic chemicals — to developing countries. Post-production, European Union
businesses can import a product that claims to be “free of hazardous substances” even though
hazardous substances were used in the supply chain outside the European Union.
•
Limited progress in
prevention of
exposure
•
Exploitation of
those most at risk
This practice is comparable to the supply chain of clothing that originates, for example, from a
garment factory in Bangladesh that fails to respect workers’ rights, including against sexual
violence, and unlawfully targets labour leaders with intimidation, threats and violence. It is also
similar to the global trade and supply chain in cobalt, a key component in rechargeable lithium-
•
Opaque supply
chains and the
transfer of
REACH may not adequately protect workers, because the risks of daily exposure are primarily
assessed for industrial chemicals at higher tonnage thresholds, whereas the majority of chemicals
to which workers are exposed are at the lower thresholds. Since the level of hazardous substance
exposure for workers is at much higher levels than the permissible exposure levels for consumers,
information about adverse effects of chronic exposure is critical.
In Germany, 16,165 suspected cases of occupational skin disease were recorded in 2004,
representing a quarter of all registered occupational diseases. Other skin diseases include
chemical burns ranging from rashes to full thickness skin damage requiring grafts. Chromate is
the most dominant allergen, followed by epoxy resins and cobalt in the German construction
industry. The German trade union IG Bergbau, Chemie, Energie says that information needs to
feature more prominently on the European Chemicals Agency database, so workers can better
access health and safety information.
Although asbestos is prohibited in Germany, it is still found in buildings and ships. Specialized
training and qualifications are required to dispose of asbestos safely, for instance, in demolition or
renovation, particularly for informal workers.
It was brought to the Special Rapporteur’s attention that Germany has not put in place any
specific measures to protect informal workers from the risks of hazardous substances. Currently
the trade union IG Bauen-Agrar-Umwelt is campaigning for informal and migrant workers to
receive basic health and safety instructions prior to working.
BASF informed the Special Rapporteur of its global standards for workers’ safety. BASF assured
the Special Rapporteur that all plants were built according to the same standards and safety levels
for workers. The company’s goal is to reduce work-related accidents by 80 per cent by 2020.
A/HRC/39/48
49
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