A/HRC/39/48
that these laws and policies are precautionary in practice because of the high level of
scientific uncertainty that often prevails. As part of their occupational safety and
health legislation, States should compel business enterprises to eliminate hazards
wherever possible and apply the hierarchy where the hazard cannot be eliminated.
Principle 4 — Workers have the right not to be exposed to toxic substances without
their prior informed consent.
82.
The right to safe and healthy work encompasses the right of workers not to be
exposed to toxic substances without their prior informed consent. Workers have the
right to remove themselves from situations where they are exposed to toxic chemicals
and other hazardous substances that they have a reasonable justification to believe
present a danger.
83.
States should respect, protect and fulfil the right of workers not to be exposed
without their prior informed consent. States should clearly reflect this right in their
laws, investigating and punishing any alleged violations as warranted and ratifying
ILO conventions. States should include the failure of business enterprises to abide by
the above principle in their definitions of forced labour, modern slavery and/or
exploitation.
84.
Employers have a responsibility to fully inform and obtain the consent of
workers prior to exposing them to toxic substances. Employers should respect this
principle and right irrespective of the State’s willingness to enact necessary laws.
Employers should be able to demonstrate that they have informed all employees,
subcontractors and suppliers of this right and that mechanisms or procedures to
remove themselves from unsafe or unhealthy conditions of work are in place. The
absence of such mechanisms or procedures should not present an obstacle to the
exercise of this right.
Principle 5 — Duties and responsibilities to prevent the exposure of workers to toxic
substances extend beyond borders.
85.
The transboundary transfer of hazardous work to countries with lower levels of
protection should be considered a form of exploitation if reasonable measures are not
taken to protect workers.
86.
States are obliged to take reasonable measures to prevent workers’ exposure to
toxic substances that occur outside their territories and that give rise to infringements
of applicable rights due to the activities of business entities over which they can
exercise control and that are reasonably foreseeable. 72 States should require such
business entities to act with due diligence to identify and prevent abuses by foreign
subsidiaries, suppliers and other business partners.
87.
Business enterprises are responsible for the consequences of exposures of
workers to hazardous substances that they cause, contribute to or to which they are
linked. 73 Businesses have responsibilities throughout the lifecycle of their products,
from extraction to final disposal, up and down their supply chains. They have a
responsibility to ensure that they and their suppliers, both at home and abroad, adopt
good practices such as the hierarchy of hazard controls to prevent exposure to toxic
substances through their products’ lifecycles, their operations and their services.
Principle 6 — States must prevent third parties from distorting scientific evidence or
manipulating processes to perpetuate exposure.
88.
States must prevent, through legislation or other measures, the deliberate
distortion of scientific evidence or manipulation of processes by business enterprises
72
73
Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017) on State
obligations under the International Covenant on Economic, Social and Cultural Rights in the context
of business activities, paras. 30−32.
Guiding Principles on Business and Human Rights, principle 13.
17
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