Occupational health recognised as a fundamental right. A prism which pushes to make work more sustainable
Résumé
The recognition by the International Labour Conference of a safe and healthy working environment as a fundamental right on 11 June 2022 is a major step towards equal access to occupational health for all workers. Thus, here, in the field of occupational health and safety, the ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998 and thus amended in 2022, is an expression of the commitment of governments, employers’ organizations and workers’ organizations to promote fundamental human values - values that are vital for our economic and social life.
The aim of the presentation is to show how legal standards have a driving role to play by defining rights and duties, but also by protecting people and organising life in society, while expressing values and giving meaning. The aim is therefore to provide leverage for integrating occupational health into the economic logic, but also to reconsider the status of the employer and his responsibility for health and working conditions in the light of changes in work that are modifying the subordination relationship. We are indeed witnessing a wave of health risks that is the translation of bad management of work leading to a life in poor health in a context of globalisation of the economy.
In order to respond to this change, we will put the emphasis on the occupational health considered as a prism which pushes to re-humanise work, to take into account in the organisation of work both the human factor and the technical and economic factors. The focus will be on supporting decision-making in the face of concrete issues relating to decision-making processes, on the values and principles at stake and their relationship to each other with regard to the reference framework, which will be the law. However, legal norms, which are themselves part of a historical and social context, should not be considered as a closed system, as this would be isolated from its environment. Thus, the system evolves towards more complexity by incorporating and simplifying its environment. The spirit that accompanies the enactment of legal norms and the meaning of their application are not hermetic to make reference to ethical values. This approach will guide the application of legal norms relating to the employer’s powers of management and health at work.
In conclusion, ethics makes it possible to reassess the legal standards of work and occupational health, and to better understand the rights and obligations arising from them. The aim is also to respond to the quest for adherence and social acceptance of occupational health and safety law. By creating the conditions for responsible engagement, the goal is to achieve humane ways of organising work. This approach contributes to the issue of decent work in a sustainable work environment, but also to the promotion of a holistic approach to occupational health, which itself contributes to poverty reduction.