By Unite the union

Worker’s Memorial Day commemorates, the hardship and loss that previous generations of workers have endured to make our workplaces a safer environment. This year’s rallies to the call of “HEALTH AND SAFETY A “FUNDAMENTAL WORKERS RIGHT” paying tribute to such a sacrifice. 

Occupational health and safety has been considered a fundamental human right since the dawn of the modern human rights era. The Universal Declaration of Human Rights proclaimed by the United Nations General Assembly in Paris on 10th December, 1948 states that everyone has the right "to just and favourable conditions of work."

Unite calls for the treatment of workers’ health and safety as the sacrosanct human right it is, and that the morally necessary application of the Duty of Care principles are always given preference to political, economic and profit making considerations.

Unfortunately in Gibraltar this past year we have witnessed the loss of over 90 Gibraltarian lives to the COVID-19 Pandemic. This is only a small fragment of the lives lost to this Pandemic across the world, however, we must never underestimate the importance of good Health and Safety precautions, without which we would have potentially endured a greater number of losses.

Our modern society places a moral obligation, on us citizens to care for each other, demanding that Duty of Care principles cascade down through Government, Industry and Commerce ensuring that employers take all reasonable precautions to ensure that the Safety and Wellbeing of its workers. It should never be a condition of employment that any person has to risk his life and health in the exercise of his job; there is no room in our modern state of welfare where society expects its citizen to be protected from harm wherever possible.

Unite urges Government for strong laws and a fully resourced enforcement and guidance establishment, hence ensuring the application of duty of care principles as well as the statutory obligations owed towards employees are fully upheld and monitored.   

It is statistically proven that unionised workplaces are better organised in the management, implementation and development of adequate Health, Safety and Wellbeing programmes that combat risk and mitigate accidents from a grass-root up approach, effectively encouraging the promotion of positive Health and Safety Culture within the workplace. In the recent years Unite has made a call on this day:

- For our Health and Safety representatives to be recognised by employers.

- For employers to comply with law, ensured by strict Government enforcement and development of strong laws.

- Adequate Health and Safety workplace policies and for these to be respected.

- A Gibraltar Government Health and Safety organised structure, able to provide both guidance to industry/commence as well as enforcement where necessary. 

Some advancement was made in April 2016, with the announcement/introduction of the Health and Safety Policy Part A – “A Managers Guide for Government Department”, a policy which caters for unionised Health and Safety Reps as well as the constitution of the Health and Safety Advisory Council, which today we are extremely happy to announce of its introduction by the Chief Minister, Fabian Picardo on the 27^th April.   This forum will be crucial in the development and monitoring of health and safety practice.

Unite will actively campaign for support of the Health and Safety Advisory Council so that the proposed Health and Safety Policy Part B Organisation & Arrangements is finally implemented and enforced throughout HM Government Department, Authorities, Agencies and Government owned companies.

Such a policy will pursue and accredit the fundamental workers’ rights and employer obligation enshrined within our Health and Safety Legislation. Workers in broad terms have rights which include:-

- Work in places where all the risks to your health and safety are properly controlled.

- Stop working and leave the area if you think you are in danger.

- Be consulted on matters related to your health and safety at work.

- Inform your employer about health and safety issues or concerns.

- Contact local Health and Safety Inspectorate and/or your union where you still have health and safety concerns, without getting into trouble with your employer

- Appropriate welfare and rest facilities within the workplace

In the same manner employers have legal statutory obligations to ensure:-

- You are aware of how to carry out your job safely in a way that you can understand, and inform you about the risks to your health and safety from current or proposed working practices.

- Inform you how risks will be controlled and who is responsible for such controls.

- Consult and work with health and safety representatives and employees to protect everyone from harm at work. 

- Have appropriate emergency procedures to cater for foreseeable emergency situations.

The above is only possible where quality safety training, adequate resourcing in terms of human, equipment and material as well as an appropriate level of monitoring and supervision are maintained.  

All the above rights are a tribute to our fore-fathers, who campaigned and won these fundamental rights against strict opposition of the society of their time, in their memory we need to reinforce and honour their struggle to maintain and enhance workers right to a safe and healthy workplace.