During the March 2022 session, the International Labour Organization (ILO) Governing Body will discuss an important item on including OSH within the ILO’s framework of FRPW. The ILO Declaration on Fundamental Principles and Rights at Work (ILO 1998 Declaration) currently declares four fundamental principles and rights at work, namely (i) freedom of association and the effective recognition of the right to collective bargaining; (ii) the elimination of all forms of forced or compulsory labour; (iii) the effective abolition of child labour; and (iv) the elimination of discrimination in respect of employment and occupation.

At the ILO Centenary Conference in June 2019, the International Labour Conference (ILC) adopted the ILO Centenary Declaration for the Future of Work in June 2019, which declared that “safe and healthy working conditions are fundamental to decent work”. The timing and the devasting impact of the COVID-19 pandemic have strengthened global interests and made this a priority on the international labour policy agenda to include OSH as a new FPRW.

At the last November 2021 session, the Governing Body agreed on the importance of OSH for the ILO and global community and decided on  an item for discussion in the International Labour Conference (ILC) in June 2022, to add OSH to the FPRW framework through an amendment of the ILO 1998 Declaration. .

In the upcoming March session, the Governing Body will need to decide on two things: i) terminology of the new fundamental principle; and ii) the OSH related convention(s) to be recognized as fundamental within ILO 1998 Declaration, for the draft resolution to be adopted in this year’s ILC.

This new development will have a significant impact on businesses for many reasons. First, the ILO 1998 Declaration is an internationally well-recognized instrument that makes it clear that these rights are universal and apply to all workers, regardless of sector, industry or country’s level of development. Second, based on ILO membership, Member States must respect and promote these rights and principles, regardless of whether or not they have ratified the relevant conventions. This means business will be impacted whether or not the relevant OSH standards are implemented in national law or collective agreements. Finally, ILO 1998 Declaration is frequently referenced in free trade agreements, trade incentive schemes, loan or investment agreements, which means that companies operating their business in countries under these agreements may be required to respect and comply with new OSH standards.