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Guidelines on decent work

in public emergency services

Guidelines on decent work

in public emergency services Meeting of Experts to adopt Guidelines on Decent Work in Public

Emergency Services

(Geneva, 16-20 April 2018)

Sectoral

Policies

Geneva, 2018 Department

Copyright © International Labour Organization 2019

First published 2019

Publications of the International Labour Ofce enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Licensing), International Labour Ofce, CH-1211 Geneva 22, Switzerland, or by email: rights@ilo.org. The International Labour Ofce welcomes such applications. Libraries, institutions and other users registered with a reproduction rights organization may make copies in accordance with the licences issued to them for this purpose. Visit www. ifrro.org to nd the reproduction rights organization in your country. Guidelines on decent work in public emergency services. International Labour Ofce,

Geneva, 2019

ISBN: 978-92-2-133145-2 (print)

ISBN: 978-92-2-133146-9 (web pdf)

Also available in French:

Directives sur le travail décent dans les services publics d"ur- gence Directives sur le travail décent dans les services publics d"urgence, ISBN: 978-92-2-

133147-6 (imprimé); ISBN: 978-92-2-133148-3 (pdf web), Geneva, 2019 and in Spanish:

Directrices sobre el trabajo decente en los servicios públicos de urgencia, ISBN: 978-92-2-

133149-0 (impresol); ISBN: 978-92-2-133150-6 (web pdf), Geneva, 2019.

The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Ofce concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Ofce of the opinions expressed in them. Reference to names of rms and commercial products and processes does not imply their endorsement by the International Labour Ofce, and any failure to mention a particular rm, commercial product or process is not a sign of disapproval. Information on ILO publications and digital products can be found at: www.ilo.org/publns. Produced by the Document and Publications Production, Printing and Distribution Unit (PRODOC) of the ILO. Graphic and typographic design, layout and composition, proofreading, printing, electronic publishing and distribution. PRODOC endeavours to use paper sourced from forests managed in an environmentally sustainable and socially responsible manner.

Code: CMD-SCR-REP

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Preface

e ILO Guidelines on Decent Work in Public Emergency Services were adopted by a Meeting of Experts held in Geneva from 16 to 20 April 2018, in accordance with a Governing Body decision at its 329th Session (March 2017). e meeting was attended by 24 experts and their advisers - eight experts nominated by the Governments of Brazil, France, Italy, Jordan, Peru, Philippines, Sierra Leone, and Tunisia; eight nominated by the Employers" group of the Governing Body; and eight nominated by the Workers" group of the Governing Body. Expert observers from other governments, and observers from intergovernmental and non-governmental organizations, also attended the meeting. ese Guidelines replace earlier guidelines that were adopted in 2003 and that were considered outdated, in view of techno logical and other developments that have taken place since. e good spirit of tripartite dialogue among all participants paved the way for developing consensus on a new, comprehen sive and practical set of Guidelines that will help the ILO, its constituents and its partners improve the safety and well-being of the women and men who daily take risks to save lives and respond to emergencies. e text of the code was approved for publication by the Governing Body of the ILO at its 334th Session (October-

November 2018).

Alette van LeurDirectorSectoral Policies Department viivii

Sectoral Guidelines

ILO Sectoral Guidelines are reference tools setting out prin- ciples that can be reected in the design and implementation of policies, strategies, programmes, legislation, administra tive measures and social dialogue mechanisms in a particular economic or social sector or cluster of (sub)- sectors. Sectoral Guidelines are adopted by a Meeting of Experts comprising governments, employers and workers. ey can be implemented progressively to take into account dierent national settings, cultures, and social, economic and political contexts. Sectoral Guidelines draw their principles from the ILO"s international labour standards (Conventions and Recommendations) and other sources, including Declarations, codes of practice, codes of conduct and other policy guidance adopted and endorsed by the International Labour Conference or the Governing Body. Sectoral Guidelines also draw on other international agreements and policy in the sector concerned, as well as relevant trends and developments in regional and national law and practice. Sectoral Guidelines focus on the issues that are priorities for governments, employers and workers, and that are unique to particular economic and social sectors. While international labour standards normally deal with more general principles of labour law and practice, Sectoral Guidelines specify the prin ciples and processes that could be implemented to promote decent work in particular sectoral workplaces or context. ey benet from the expertise of practitioners in the relevant sec tors to capture good industry practices and innovations. Sectoral Guidelines are not legally binding. ey are not subject to ratication or supervisory mechanisms established under the ILO"s international labour standards. Sectoral Guidelines can therefore be aspirational in scope and expand on principles laid down in international labour standards and other international agreements and policy, all the while recog nizing that they can be adapted to dierent national systems and circumstances. ILO standards and other tools or guidance adopted and endorsed by the ILC and/or GB therefore form the foundation on which Sectoral Guidelines build further. It is therefore understood that Sectoral Guidelines are based on the full principles, rights, and obligations set out in inter national labour standards, and nothing set out in Guidelines should be understood as lowering such standards. Guidelines on decent work in public emergency services viii ix

Contents

Preface ................................................ v Sectoral Guidelines .................................... vii

Part 1.

Introduction .................................. 1

I. Scope ....................................... 1 II. Denitions .................................. 3 III. General considerations.. ...................... 5

Part 2.

Ensuring decent work for public emergency

services workers.. .............................. 9 IV.

Fundamental principles and rights at work .... 9

V.

Employment and diversity ................... 9

A.

Employment levels ....................... 12

B. Employment diversity ..................... 14

VI. Working conditions .......................... 16 VII.

Occupational safety and health ............... 19

A.

General considerations .................... 19

B. Stress, violence and harassment. . . . . . . . . . . . . 24

C. Communicable diseases ................... 25

D.

Personal protective equipment .............. 27

E.

Radiation

............................... 30 F.

Extreme heat and cold .................... 31

VIII. Social protection ............................. 31 Part 3. Means of action ............................... 35 IX.

Social dialogue .............................. 35

X.

Training .................................... 37

Guidelines on decent work in public emergency services x XI. Monitoring and evaluation ................... 39 XII. e special case of persons in volunteer work participating in crisis response ........... 40

XIII. Coordination and cooperation in public

emergency services ........................... 41 Appendix ......................................... 45

ILO Declarations, Conventions, Recommendations,

codes of practice and guidelines relevant to public emergency services ................................. 45

Other international instruments and processes

....... 48 1

Part 1.

Introduction

I. Scope

1. In January 2003, the International Labour Organization (ILO) adopted the guidelines on social dialogue in public emer gency services (PES) in a changing environment. 1

2. Increasingly frequent and complex emergencies require

that a more diverse range of PES workers labour under di cult and extreme conditions to save lives and protect property and the environment. In the light of these circumstances, these guidelines represent a revision and expansion and replacement of the abovementioned 2003 guidelines. 3. ese guidelines seek to promote coherent measures for emergency preparedness and disaster prevention, access to the full range of social protection and eective, independent and impartial labour inspection. 4. ese guidelines reect changes since 2003, including the Sustainable Development Goals 2 (SDGs), the Sendai Framework for Disaster Risk Reduction 2015-2030 (Sendai Framework), and the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). While Recommendation No. 205 primarily covers “all measures on employment and decent work taken in response to crisis situ ations arising from conicts and disasters" (paragraph 3), these 1 ILO: Guidelines on social dialogue in public emergency services in a changing environment (Geneva, 2003). 2 United Nations: General Assembly Resolution 70/1 of 25 September 2015; see, in particular, goals and targets 1.3.1, 1.5, 3, 8.8, 11.5, 11.b, 13.1 and 16.1 (document

A/RES/70/1).

Guidelines on decent work in public emergency services 2 encourage governments and PES employers to provide PES workers with adequate means, tools and resources to be able to respond eectively to emergencies. In this sense, the guidelines complement Recommendation No. 205 while incorporating its principles. 5. fie guidelines focus on public services because each member State has the foremost responsibility to take care of the victims of disasters and emergencies occurring within its territory. 3

Accordingly, each member State is responsible for

dening the scope of emergency services within its jurisdiction. fie guidelines do not distinguish by employment status or level of remuneration, including with respect to subcontracted workers in the public service. Volunteers are treated in a sepa rate section of the guidelines. 6. In order to deliver eective PES, governments in prac tice assign tasks to the appropriate entities, such as agencies, state-owned corporations, local administrations and, as appro priate, other organizations. fiese guidelines seek to reect the resulting diversity of government workers. Coordination between the dierent levels is critical. Members of the police and armed forces, unless specically excluded, are covered by international labour standards and are therefore included in these guidelines with caveats as necessary. 7. fiese guidelines approach emergencies in terms of the types of tasks required to respond to them, which characterize the dierent groups of workers described under the denition of “emergency services" provided in section 2 below. fiis scope 3 United Nations: General Assembly Resolution 46/182 of 19 December 1991, annex, para. 4 (document A/RES/46/182).

Part 1. Introduction

3 is broader than that of the 2003 guidelines, which covered only police, reghters and emergency health workers.

II. Denitions

8. “Disaster" is dened as “a serious disruption of the functioning of a community or a society at any scale due to hazardous events interacting with conditions of exposure, vulnerability and capacity, leading to one or more of the fol lowing: human, material, economic and environmental losses and impacts". 4

Disasters can have causes that are biological

(such as epidemics), hydro-meteorological (such as wild land res, oods, landslides, avalanches, droughts, tsunamis, hurri canes, typhoons, cyclones and tornadoes), geological (such as earthquakes, volcanic eruptions), and human (such as indus trial accidents, conicts, terrorist attacks). 9. “Emergency" is dened as “a sudden and usually unfore seen event that calls for immediate measures to minimize its adverse consequences". 5 10. “Emergency services" are dened as bodies which are available to handle major accidents and illnesses and their con sequences both on site and o site. Public emergency services include police, reghting, emergency medical services, search, rescue and evacuation services, and other services regularly called upon to respond in emergencies, such as health and social services, armed forces, security and surveillance services, bomb disposal units, local governments, mortuary and body-handling services, immediately necessary measures which are critical to 4 ILO Employment and Decent Work for Peace and Resilience Recommendation,

2017 (No. 205), Art. 2(a).

5 United Nations, Department of Humanitarian Aairs: Internationally agreed glossary of basic terms related to Disaster Management, 1992. Guidelines on decent work in public emergency services 4 allow rescue and stabilization, services responsible for the res- toration of water and electricity supply, and related professions, such as social workers, according to need and national context. 11. In these guidelines, “PES employers" are dened as the entities listed in paragraph 10 above under “emergency ser vices", in the context of their employment relations with PES workers. 12. “Response" is dened as “actions taken directly before, during or immediately aer a disaster in order to save lives, reduce health impacts, ensure public safety and meet the basic subsistence needs of the people aected". 6 fiis meaning extends to all types of emergencies covered in these guidelines. 13. “Workers" representatives", as dened in Article 3 of the Workers" Representatives Convention, 1971 (No. 135), means: ... persons who are recognised as such under national law or practice, whether they are: a) trade union representatives, namely, representatives designated or elected by trade unions or by the members of such unions; or b) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned. 14. “Social dialogue" is “the term that describes the involvement of workers, employers and governments in decision-making on employment and workplace issues. It includes all types of negotiation, consultation and exchange of 6 United Nations General Assembly, Report of the open-ended intergoernmental expert working group on indicators and terminology relating to disaster risk reduction (A/71/644), 1 December 2016, p. 22

Part 1. Introduction

5 information among representatives of these groups on common interests in economic, labour and social policy". 7 15. “Preparedness" is “[t]he knowledge and capacities devel- oped by governments, response and recovery organizations, communities and individuals to eectively anticipate, respond to and recover from the impacts of likely, imminent or current disasters." 8

III. General considerations

16. Changes in the economic, political, social and security environment in many regions have necessitated the enhance ment of PES. Eective systems require a good understanding of the many dimensions of preparedness for, response to and mitigation of disasters and emergencies, as well as their inter relationships. fiis includes a comprehensive approach to the labour dimension of PES delivery and operations. PES systems should be adequately resourced so that well-trained and prop erly resourced workers can deliver eective services that are responsive to the needs of dierent sections of the community. 17. In the light of the sharp increase in, and complexity of various types of disasters in the past two decades, and the growing impact of climate change, governments should, in collaboration with social partners, incorporate disaster risk reduction and climate risk management in their climate change strategies. fiey should recognize the challenges faced by the 7 ILO: Social dialogue: Recurrent discussion under the ILO Declaration on Social Justice for a Fair Globalization, Report VI, International Labour Conference,

102nd Session, Geneva, 2013, para. 15.

8 United Nations General Assembly, Report of the open-ended intergovernmental expert working group on indicators and terminology relating to disaster risk reduction (A/71/644), 1 December 2016, p. 21. Guidelines on decent work in public emergency services 6 most vulnerable populations, including unadapted and inade- quate housing and infrastructure, the lack of support services and the expansion of ood areas. PES system infrastructure and supply chains should be prepared for, and resilient to, weather events and other crises. 18.

Governments and social partners in the PES sector

should endeavour to protect PES recipients from discrimina tion in the provision of services. fiey should ensure fair allo- cation of resources for services and cash disbursements to large and diverse population groups.

19. PES employers and employers" and workers" organi

zations should work towards alleviating potential conicts between the responsibilities of PES workers to the community and their responsibilities to their families during emergencies. PES employers should assist PES workers to develop family emergency plans such as childcare, elderly care, and care for members with special needs for when PES workers need to leave their homes and families for active duty. 20. fie need to achieve greater diversity of the PES work force requires enhanced eorts to eliminate prejudice and dis- crimination in these services. 21.
PES work is unique in terms of the responsibilities it imposes, the exigencies of service delivery and the ways it is organized. Governments, employers" and workers" organiza tions should therefore ensure respect for the fundamental prin- ciples and rights at work of PES workers, regardless of their employment status. 22.

Eective social dialogue mechanisms, including tri

partite or bipartite consultative institutions and collective bargaining between PES employers and workers, should be established where they do not exist. Where they do exist, they

Part 1. Introduction

7 should address the specic demands placed on workers by PES. Such mechanisms are key to providing social partners with an eective voice in determining the conditions that make forquotesdbs_dbs14.pdfusesText_20