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Occupational
Safety, Health and Environment and HIV/AIDS: The Least Explored Link -
Project Launch
10th February 2004
Commencement of Forum
The Director of Yonge Nawe
explained that this was the first in a series of fora to be hosted by Yonge
Nawe to forge collaboration that may inform debate on environmental issues.
The present forum will look at the relationship between the environment
in the workplace and the human immune system.
She explained that this was
in line with the Yonge Nawe programme, which, amongst other, is to raise
awareness on issues of the environment and sustainable development; and
how the human element interacts with the environment.
She acknowledged the presence
of Canada Fund, the sponsors of the forum.
Welcome Remarks.
The chairperson of Yonge Nawe
welcomed participants to the forum and underscored the welcome to Canada
Fund.
We would like to express our
sincere appreciation to all of you for honoring our invitation and be part
of a discussion that impact on our lives as the working community. We particularly
appreciate the presence of the participants, presenters and the media.
You are welcome and by all means feel free to contribute to this discussion
each and everyone’s contribution is valuable.
The purpose of the forum:
Yonge Nawe is an organisation
that raises awareness on the issues that impact on the environment and
sustainable development. We are particularly concerned with the balance
between the three pillars of the environment, economy and social arrangements
as it guarantees development that will benefit the present and future generations.
A healthy environment is a
prerequisite for a healthy nation. The environment is also key in meeting
development goals both at the national and global level. The environment
provides the economic sector with both natural capital for production and
also a sink for recycling production waste. With increased economic activity
the environment is under pressure to either provide more natural capital
or absorb and purify waste. Development that does not take into consideration
the environment is short term and spells disaster for any society. Historically
the relationship between these two pillars has caused tensions. Developers
believe environmental requirements slow down progress and serve to frustrate
development. Some thinkers have even come up with the arguments that to
care for the environment you need to have money and so development should
be allowed to progress before environmental consideration so as to generate
required wealth for caring for the environment. " After all, all developed
nations depleted their environments and it is only after they had strong
economies that they spent money on the environment", Kurznets curve supports
theory. We will respectfully leave it to you to resolve this debate.
Governments have responded
to this by formulating laws and policies to regulate environment development
link. Swaziland responded among other things by developing the Environmental
Management Act of 2002 and an agency enforce this law, the Swaziland Environment
Authority.
We must always remember that
people are an integral part of the natural environment. The well being
of a person depends a lot on the state of the environment. For instance,
when water is contaminated, the human being will suffer from waterborne
diseases such as cholera, dysentery, bilharzias and so on. Likewise, when
the air is contaminated human beings will suffer airborne conditions, which
include respiratory problems and so on. If this contamination is not abated
the ozone layer will be depleted and climate patterns will change and become
extremely unpredicted and violent. This leads to drought and or floods,
which leave the human being in situations of need and poverty. The link
and cycle is non-ending.
Today, we will explore the
relationship between the environment in the workplace and the human immune
system. Our country like other developing countries within the region is
faced with the HIV/AIDS pandemic. We are losing economically active members
of the population and this threatens the sustainability of our development
initiatives. Human capital is important in any work establishment and all
efforts should be made to prolong the life of this resource. With the current
HIV/AIDS challenges we cannot help but ask, are employers and employees
doing anything to ensure the environment within the workplace is conducive
to prolong the life of employees with weakened immunities? And also not
expose healthy immunities to harsh elements. With the rate of environmental
pollution by industries Yonge Nawe believes not enough is being done. Employees
are dying in unprecedented numbers and all concerned agree the pandemic
is wrecking havoc. But how do you separate HIV/AIDS casualties from those
of improper occupational safety health and environmental practices?
As I conclude, I would like
to leave you with this scenario, which is a typical reality within some
work establishments in Swaziland. A healthy employee at a mine works ten
hours a day from Monday to Sunday. Every morning he goes down to mine shaft
with an old respirator if he’s lucky, wearing rubber boots that have holes
all over them, no protection for his ears from the drilling noise and no
goggles for his eyes, has a thirty minutes break to gobble his lunch within
the shaft and emerges from there in the late afternoon to be loaded on
a bus that drops him off, some kilometers away from his home. Think, what
are the chances of this employee, even if no treatment to survive or have
an extended life, if already HIV positive? We spend more productive hours
at work than be part of means to ensure survival? I thank you very much
for listening.
Effects of HIV/AIDS on the
Economically Active Population- Gcebile Ndlovu
Introduction
This presentation commenced
with the presenter extending her gratitude to Yonge Nawe and proclaiming
what an honour it was for her to be part of the discussion.
She proceeded to state that
the majority of more than 40 million people living with HIV are in the
prime of their working life; and that an estimated 25 million workers aged
15-49 years were living with HIV/AIDS. In high prevalence countries, by
2020 the labour force will be between 10 and 30% smaller than it would
have been without HIV/AIDS.
Risk of Employees with HIV
Employees with HIV are exposed
to the following risks:
Compulsory testing; without the
prerequisite counseling and no support is provided if person is found to
be positive.
Loss of confidentiality, ones
result often land with people one would not have chosen to be custodians
thereof
Discrimination; upon testing positive
one is either refused employment, faces demotion or firing, or is denied
training opportunities
Stigma, isolation or rejection
Increasing difficulty in managing
job
Loss of occupational benefits,
which may include lack of access to life and other forms of insurance.
Loss of medical aid; this would
occur if the person in question is required to retire
Loss of income.
Difficulty in changing jobs.
Effects on family /society
Increase in number of orphans
for instance the number of orphans in Swaziland is estimated at 40 000
according to media reports.
Many children out of school.
Increase in number of child headed
households.
Young people dying at an alarming
rate.
Health care costs.
Funeral costs.
Challenges
Stigma and constant discrimination;
stigmatization may occur internally and externally. When it occurs internally,
it denies the person the opportunity for support internally and externally
it is manifested through denial of employment opportunity
Constant and proper use of both
male and female condom; it has been documented that the use of condoms
significantly reduces the risk of infection.
Promiscuity seems to be acceptable;
this is manifested in this society’s acceptance of multiple sexual partners.
Exposure to life threatening environments
without proper protection.
Older men having sex with younger
women; and this behaviour is generally ignored and/ or condoned. Findings
of research conducted last year showed young girls were in sexual relationships
with much older men than with males within their own age bracket.
In closing the presenter put the
question of whether there was any hope within the prevailing circumstances,
and ventured to highlight a few indicators that might bring hope,
More openness
Establishment of VCT centres
Availability of drugs; five years
ago people did not see a need to test, now upon testing there is opportunity
to access affordable drugs.
PLWHA living longer productive
lives.
How occupational Safety Health
and Environment Standards and Practices Impact on HIV/AIDS - Dr. Tyrone
Lapidos
Introduction
This presentation looked at
two broad issues, to wit, the role of OHSE in curbing loss of Human Resources
to HIV/AIDS, and prevailing practices at the workplace in relation to SHE.
In introduction the presenter stated that, this was a relatively new area
of expertise and input in the industry in Africa and Swaziland. The legal
framework for Swaziland in this regard is the Occupational Safety and Health
Act of 2001.
The following questions were
put to the forum to ponder
Is HIV an occupational disease?
If your maid gets HIV is it "
occupational?" Is it your responsibility?
Is the HIV the responsibility
of the employer? The individual? The government? Society?
What does a "conducive environment
within the workplace" mean? Is it there for everyone?
Is there more to AIDS than the
virus? What other factors contribute to the manifestation of ill health
in the workplace?
The last question is pertinent
especially in the light of the assertion by Luc Montagnier at 8th International
AIDS Conference in Amsterdam that;
" All leading AIDS researchers
are now fully aware that HIV is not sufficient to cause AIDS,"
It begs an analysis of the
other factors that may impact on the health safety and comprise the immune
system. An illustration was made findings of a study that revealed that
animals infested with HIV reacted differently owing to their different
environments.
Chemicals that affect the immune
system
Agricultural chemicals: pesticides,
fertilizers, herbicides and fungicides.
Solvents and thinners: benzene
and related compounds (benzoic acid, methylparaben, propyoparaben).
Synthetic sex lubricants: nonoxalone.
Cleaning materials: bleach, chloroform,
bromodichloromethane.
Chemical exposures: dioxins, CDs,
fluoride, phenols, formldehyde, hydrocarbon, lead, Cadmium.
Drugs: cocaine cannabis, nicotine,
amyl nitrate.
Foods: sugar, pork, beef, lamb.
Medicines: HIV drugs, chlorocol,
cyclophosphamide.
Industries affected
Art supplies and materials.
Battery manufacturers.
Bottled water.
Brass works.
Ceramics industry.
Chocolate products.
Cigars and cigarette making.
Engine emissions and exhausts.
Cleaning products.
Petroleum products-diesel /petrol.
Pharmaceutical companies.
Chemical industry.
Processed foods.
Paints, solvents, thinners, adhesive
manufacturers.
Rubber cement.
Syndromes with questions on
etiology
Syndromes with questions on
etiology were said to include the following:
Fatigue Syndrome.
Multiple Chemical Sensitivity.
HIV/AIDS.
The Role of SHEQ Program in
the workplace. The role of a SHEQ Program in the workplace is to provide
measures to:
Improve the Sheq in the workplace.
Educate and inform employers and
employees.
Follow legislation/compliance.
Maintain the Risk Register; assists
the company in identifying areas of priority.
Risk Assessment. In risk
assessment factors one needs to consider are as follows:
The nature of the hazard.
Identify the Risk and impact for
each hazard.
Is the risk in question a SHE
one?
Quantify the risk.
Define the existing controls.
Evaluate risk/ Impact and determine
the risk rate.
The significance of a risks register:
its objectives and targets.
Monitor progress.
PREVAILING PRACTICES
1. Systems implementation
ISO 9001
ISO14000
OHSAS 1800
ISO 1900
The above systems help companies
to define their policies, work processes, and procedures, standards, methods
of monitoring and evaluation, audit schedule and legal compliance.
2. HIV Program
A comprehensive HIV Program
should include the following components;
Voluntary counseling and testing.
Treatment and follow-up; there
has been a lot of controversy surrounding treatment and follow-up. Professional
support is essential if the correct measures are to be invoked.
Elements of Home Based Care.
Family Care; there is yet to be
consistency in the practice of family care, some companies provide it whilst
others do not and are still grappling with the very notion providing support
to the ailing employee.
The Workers Perspective-Sipho
Mamba; Secretary General for Swaziland Manufacturing Allied Union (SMAWU).
Introduction
In opening the presenter stated
that the focus of the discussion was to be on the OSHE in relation to HIV
and other conditions at the work place as viewed by the workers. He then
noted that violations of the OSHE were highest in the textile industry.
He underscored the significance of ensuring a safety- working environment
and having protective legislation to back it with.
Three legislations were cited
as relevant in this regard:
The factory and Inspectorate Act-what
should be placed.
Workmen Compensation Act-
regulates compensation of employees following an injury and/or an occupational
disease.
Occupational Health Safety Health
Act-which sets out parameter of how the various parties ought to conduct
themselves to ensure safety for themselves and others in the work place.
The progressive legislation cited
above notwithstanding, the question of whether workers are satisfied with
the conditions in the work place, in the light of the HIV/AIDS pandemic,
still remains. The other question is when the legislation will transcend
to action given the incidences noted below:
Only 2/10 of employers have placed
the safety measures in the legislation above. Within the Matsapha area
(an industrial area in the central area of Swaziland) the are more than
3,000 female workers walking home from work in the evening, and quite a
number are either raped, mugged, or gang raped, the question that immediately
arises is that of HIV.
People travel as far as from Nhlangano,
Lomahasha to Matsapha because there is no accommodation; whose responsibility
is it to provide the accommodation?
There is also the no transport
provided yet the employees are expected to report for duties.
In desperation, people find whatever
accommodation is available. The speaker is currently resolving a situation
of a woman who is without accommodation, she has a child, and she doesn’t
know the father of the child because of the difficult circumstances under
which the child was conceived. What are the implications of this kind of
scenario on the spread of HIV/AIDS endemic? And generally, how many people
are HIV positive?
The presenter then considered
constraints in the application of The Occupational Health Safety Act. The
Occupational Health Safety Act provides, amongst other things that, - every
employer, with a number of employees exceeding six, should have a safety
representative, and that an employer with twenty or more employees should
cause to be established a safety committee to, amongst other things, respond
to employees safety needs. These structures are not effective within the
textile industry because of the different cultures existing within industry
for instance the language barrier; occupational health and safety issues
do not therefore benefit from the provisions of this Act. The ineffectiveness
is also as a result of government’s laxity in execution of its inspectorate
mandate provided for in the Act.
The presenter concluded his
remarks by a call that it is overdue that workers were sensitized and educated
about the issue of safety. In particular he brought to the attention of
the audience the high death rate of women in the textile industry because
of the lack of opportunities for maternity leave, despite the provisions
of the law, to wit, The Employment Act. Not much has been done to support
the women in this regard yet the practice of denying women maternity leave
is rampant.
Practice of Occupational
Health and Safety, Employers’ Perspective-Musa Hlophe
The aim of this presentation
was to share with the forum the employers’ perspective of the practice
of occupational health and safety. The presenter noted that he had passion
in occupational health and safety issues, especially as regards to its
impact on HIV. On the question of the perspective of the average employer
on occupational health and safety, environment and HIV, he put what he
considered to be the cheeky question of whether or not employers stood
to benefit by embracing the occupational health and safety standards.
He cautioned that just because
there are minimum standards stipulated in the law it cannot be assumed
that the parties being regulated adhere to them. The Act seeks to strike
a balance to safeguard employer while not undermining the rights of the
employees. But does this happen? The prevailing employer attitude however
is to do the barest minimum-just enough not to contravene the law. Other
employers opt for employees without the required experience in a particular
filed.; and continue with the business of making profit, he stated.
Given the attitude of the employer
towards this matter to presenter advised that it was to the activists,
such as Yonge Nawe to push the agenda for adoption of adequate and proper
occupational safety health measures in the work place, and agitate for
the requisite reforms. Left to their own devices the employees will only
ask, what is in it for them , the activist’s role here is to sensitise
the employees so that they appreciate the benefits and participate
in the reforms towards a better working environment.
He illustrated that employers
have the need to sensitise employers by citing an incidence where he was
requested to conciliate in a matter of alleged insubordination of an employee,
on further inquiry it transpired that the employee had been complaining
about fumes emitted within the premises and the employer now sought what
would be a valid reason for sacking him whereas the reason was that the
alleged culprit was HIV positive. To alleviate ignorance and negative response
from the employer the Federation of Swaziland Employers carries out a programme
to motivate and encourage employers to go an extra mile in promoting healthy
standards; other groups could embark on such initiatives. Employers could
be encouraged to quantify the loss incurred with each dead employee, and
assess what could have been mitigated by health safety measures. Another
strategy would be to emulate Simunye Company which toured (see
best practices in other countries.
The challenge presently facing
Swaziland is in lack of role modeling from leadership, at the highest political
level in business and in the private sphere, on the question of behavioral
change to combat HIV. If business leaders are to change or influence change
they must be convinced that there is business sense in preserving workers
through placement of adequate safe measures. Then they would lead the way.
Emerging Issues
The forum engaged in a discussion
from a number of issues.
Conditions at the workplace compounding
ill health: Of paramount concern was the realization that a lot of workers’
ill health supposedly resulting from HIV was in fact cause by other external
circumstances; such as lack of health systems and inadequate protection
and long working hours.
Participation of workers during
inspection: It was noted that Although, that whilst inspections are done
workers neither participate nor do they get feedback. Unions have engaged
the Labour Commissioner expressing the wish to be part of the inspection
process.
Non Functioning Committee of Experts:
Although the Occupational Health and Safety Act establishes a Committee
of Experts and the workers are represented in this Committee it has not
met yet and Act is by and large not implemented. There is thus no active
mechanism to ensure compliance with the provisions of the Act, and there
is no commitment from government.
Textile Industry has the worst
working conditions: The textile industry has the worst working conditions,
and a record lacking in compliance with the law. The minimum efforts to
comply were as a result of external pressure and of the threat from the
United States to not buy from Swaziland.
Lack of the essential amenities
within government. The Lack of the essential amenities such as human resource,
transport within government departments and in particular the labour department
militates against effective inspection of implementation of health and
safety measures. Government does not readily respond to complaints because
of the constraints mentioned above.
Participation of Government in
Forum: It was the view of the meeting that government should participate
in such for a, and be engaged in discussion. This is significant considering
that government is both a major employer and a regulator who should clarify
issues.
What can be done to respond to
governments shortcomings? The forum suggested that it was time to confront
the delicate questions of what to do to respond to government’s shortcomings.
Assessing behavioral change:
There were certain patterns that were indicative of the fact that there
is minimal behavioral change, and that people continue to act as before
regardless of HIV. These include:
Findings of a study showed that
people use condoms at initial contact and stop once they gained trust of
the partner.
Infection still continues,- Continue
to have multiple sexual partners,
Pregnancy,
Squabbles over the arrangements
of levirate unions (kungena)
No role modeling: there is no
role modeling from leaders either as King,chief,husband and father.
The Occupational hazards of discussing
OHS issues: It is difficult to get discussion on OHS issues because of
the threat of losing ones job, so these issues are often ignored. Consequently
employees not educated sufficiently ,and are not informed of the potential
hazards.
Simplification and repackaging
of Act: The Act should be understood by all workers ;therefore its dissemination
is critical. The forum agreed that the Act be simplified, translated to
Siswati ,repackage and then disseminated country wide.
School curriculum: The school
curriculum does not provide a holistic curriculum empowering a child with
vocational skills to be able to employ oneself. There have to be reforms
in education system to alleviate the problem.
Employers subject employees to
inadequate working conditions: Foreign investors subject local employees
to inferior conditions compared to workers in their countries of origin.
The conditions of the factory shells are a case in point they came without
facilities such as schools and hospitals and other amenities.
Forum essential: The present forum
is essential to raise awareness and educate all the relevant parties including
government. HIV finds space where the environmental standards are not up
held, and therefore each player that can contribute in OHS and HIV issues
should be welcome to bring in expertise.
Demonstrate the benefit to the
employer: It was underscored that efforts be made to demonstrate to employers
the benefits of upholding acceptable health and safety standards. It would
be prudent to make the employer recognize that there are long term returns.
Employers’ contravening the law
is now the norm: It was observed that laws were flaunted deliberately and
that employers benefit by not complying with the law. Disequilibrium occurs
because when employees protest against the employers the government intervenes
in favour of employers.
Sensitisation and empowerment:
There is an obvious need for a follow up of this forum and other
related programmes for empowerment, shop stewards were identified as a
group requiring immediate intervention. There have to be follow up workshops
to topical issues as they arise in the workplace, and to work out a strategy
for advocacy.
Summary of emerging issues
and proposed strategies:
Simplification and translation
of relevant legislation;
Lobbying and advocacy for transformation
of the following categories of individuals and institutions: employees
the general public, government and employers;
IEC material should be produced
and disseminated through out the country;
Identification of entry points
for potential players
Educational system need reforms
as the present one is disempowering.
Enforcement mechanisms should
be strengthened.
Closing Remarks from the Director
of Yonge Nawe
Yonge Nawe Director reiterated
her thanks to the participants and to Canada Fund, and proceeded to say
that Yonge Nawe was overwhelmed by response which was indicative of the
interest in the issues at hand. She informed participants that the report
would be accessed through the Yonge Nawe website, and at the end of programme
a final report with a synthesis of emerging issues will be produced. With
the continued support from Canada Fund-sponsor, Yonge Nawe will be able
to disseminate that report.
Closing Remarks from the Canada
Fund Representative
In closing the Canada Fund
Representative expressed her appreciation, on her behalf, her colleague
Jayshree and others in Pretoria for the invitation to the forum. She informed
participants that she was impressed with constructive input from participants;
and especially by the presence of young participants. Particular thanks
were directed to the presenters whom she said had raised very interesting
points for discussion. The statistics of HIV presented she had found daunting,
but was encouraged that the rest of the discussion was positive and indicated
that there was hope. Finally, she promised that all ideas brought forward
would be used to take the issues forward, and pledged Canada Fund’s support
in this regard, and thank you.
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