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.
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