In the 1948 Universal Declaration of Human Rights, it was written that “everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protect against unemployment.” This article will explore what is meant by “favourable conditions of work”.
It is widely known that employers have an obligation to provide a safe and healthy environment, with minimum medical negligence, for their workers to do labour in. The specific mandatory regulations differ depending on jurisdiction, but there are a few common factors.
The first is regarding workers’ compensation. Employers are typically contractually obligated to pay in accordance with minimum wage laws and tax laws. Though there is a variance on this matter, as specific numbers change depending on the socioeconomic conditions of the region as well as the skill level of the occupation, the general consensus is that enough of a wage must be given to justify typical living expenses. If employers do not abide by these regulations, they can (and will) often have to deal with legal action about medical negligence.
Regarding workplace safety, only three legal defences are available for which employers can claim that they are not responsible for the death of injury of an employee. Namely, they are contributory negligence– which partially blames the employee, assumption of risk, and the fellow servant rule. In all other cases, the employer is the one who is to take responsibility for any safety or medical negligence that results in the suffering of one of their workers. It is not frequent that you hear about employers being taken to court for personal injury, as the greatest amount of these cases are settled out of court for an undisclosed and satisfactory amount.
However, employers are not handcuffed and workers are expected to understand that risks never exist in isolation, and that they have a “right to take workplace risk.” Be advised that as an employee, you are at the same time expected to understand precautionary measures for certain high risk jobs. Example are pilots and drivers, who must understand they are in control of their vehicle and while their employer is obligated to provide a safe environment for them to operate, they can get injured in their job due to the intrinsic nature.
The Occupational Safety and Health Act established a code of minimum regulations and has a long way in serving as a legal standard. The best rule to apply regarding workplace safety is to use common sense. High risks jobs with increased fatality rates and histories of medical negligence should not be undertaken by those with little or no experience. Employers must ensure that there is minimum risk on the job, and also recognize the importance of the health of their employees.