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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.


    Yonge Nawe
    Yonge Nawe
    Environmental Action Group
    Email: yonawe@realnet.co.sz
    P O Box 2061
    Mbabane
    Swaziland
    Tel: +268 404 7701
             +268 404 1394
    Fax: +268 404 7701