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Worker’s Memorial Day 2022 - Occupational Health And Safety A Fundamental Workers Right

Below follows Unite the Union Worker’s Memorial Day 2022 statement:

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 “OCCUPATIONAL HEALTH AND SAFETY A “FUNDAMENTAL WORKERS RIGHT”, paying tribute to such a sacrifice, by remembering the dead and fighting for the living.  

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 two years we have witnessed the loss of over one hundred Gibraltarian lives to the COVID-19 Pandemic, with approximately 17,500+ confirmed cases  endured within the community. Although this is an iota of lives lost to this Pandemic across  the world; we must never underestimate the importance of good Health and Safety  precautions, without which we would have potentially endured a greater number of losses. 

If anything the COVID-19 pandemic has demonstrated beyond doubt that working peoples’  right to a safe and healthy occupational environment is a fundamental right and a paramount  statutory obligation on the part of employers and law makers.

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  Welbeing 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 once again, 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, throughout  the whole spectrum of employment within our community.  

It is statistically proven that unionised workplaces are better organised in the management,  implementation and development of adequate Health, Safety and Welbeing 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.  

Unite will continue to make a call on this day and campaign towards: 

∙ 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/commerce as well as strict enforcement of our Health and safety  laws where necessary.  

Some advancement were 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, after re-engaging with HM GoG there is still a lot of progress  to be made into the implementation and development of this policy into a reality, hence  achieving a controlled, measured and monitored approach towards the Safety, Health and  Welbeing of its employees.  

Unite has actively campaigned, during this year for support of the Health and Safety Advisory  Council so that the proposed Health and Safety Policy Part B Organisation & Arrangements is finally drafted and agreed. This being achieved early this year, thanks to the effort and  hard work of the Health and Safety Advisory Council and no doubt the political good will of  this administration. 

Unite will continue to work in partnership with HM GoG to achieve the implementation and  development of the above mentioned policies, as well as in the creation and pursuance of a  positive Health and Safety Culture which will lead to enhance Health and Safety practice and  enforced throughout HM Government Department, Authorities, Agencies and Government  owned companies.  

The need of such a policy will enforce and accredit the fundamental workers’ rights and  employer obligation enshrined within our Health and Safety Legislation.  

Workers in broad terms have rights which include:- 

∙ To 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. ∙ To be able to 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.  

Unite will always continue to honour the dead and fight for the living.