Report
References to occupational exposures
“Guidelines for good
practices in relation to
the human rights
obligations related to the
environmentally sound
management and disposal
of hazardous substances
and wastes”
The Special Rapporteur articulates a human rights-based approach to hazardous substances and
wastes, including pollutants, toxic industrial chemicals and pesticides, which requires a specific
focus on the protection of those most vulnerable or at risk: children, the poor, workers, persons
with disabilities, older persons, indigenous peoples, migrants and minorities, while taking into
account gender-specific risks. Designing laws and policies to protect those most at risk has been
shown to have a ripple effect for the broader community. States must ensure that laws, policies
and institutions aimed at assessing and mitigating the potential impacts of toxics are based on the
needs of the most vulnerable.
(A/HRC/36/41) (2017)
In 2013, the International Labour Organization (ILO) estimated that nearly 2 million workers per
year — between 3 and 4 workers per minute — die prematurely from occupational diseases
linked to toxic chemicals.5 Laws in most countries permit workers to be exposed to levels of toxic
chemicals hundreds of times higher than the exposure allowed among the general public and often
do not take into account real-world exposure scenarios or gender-specific and other sensitivities.
Workers are frequently unable to exercise their right to freedom of association and collective
bargaining, which is necessary to secure a healthy workplace.
The report notes how information on toxics is essential in order to prevent adverse impacts, to
ensure the realization of freedom of expression and to enable individuals and communities to
participate in decision-making processes and to seek and obtain remedy. Health and safety
information about toxic chemicals must never be confidential. Information must be available,
accessible, functional and consistent with the principle of non-discrimination in order for human
rights to be respected, protected, enjoyed and fulfilled. Despite notable improvements in many
countries over recent decades, the right to information remains insufficiently realized in the area
of hazardous substances and wastes, particularly with respect to protecting the most vulnerable
from adverse impacts of exposure, whether from consumer products, at the workplace or via food,
water, air or other sources.
5
Updated figures are available in the present report at para. 3.
•
Inadequate
standards of
protection
•
Exploitation of
those most at risk
•
Restrained freedom
of association
•
Failures to realize
the right to
information
•
Limited progress in
prevention of
exposure
•
Inaccessible
remedies, justice
and accountability
51
A/HRC/39/48
Workers should have the right to remove themselves from conditions they believe are unsafe, and
the right to information regarding occupational health and safety. However, necessary
information on safety precautions or health risks linked to toxic chemicals is often unavailable or
inaccessible to workers. Information may be in a foreign language, and labelled pictures may be
indecipherable or too small to be legible. States continue to allow the use of industrial chemicals
and pesticides under the presumption that personal protective equipment will be used, and that it
will be used as effectively as expected. However, workers often do not have access to necessary
protective equipment of reasonable quality, and the conditions under which they are expected to
use the equipment are often completely unreasonable; thus, risk assessments are inaccurate.
Workers are exposed to substances whose health effects have not been studied adequately.
Adverse health impacts from chronic occupational exposure to toxic chemicals may not manifest
Challenges faced by workers
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