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occupational health and safety
Newsletter May, 2023

USA: OSHA Launches Nationwide Program Focusing on Workplace Falls

May, 2023
  • On 1 May 2023, the U.S. Department of Labour announced that its Occupational Safety and Health Administration (OSHA) launched a new National Emphasis Program (NEP) to reduce or eliminate injuries and fatalities associated with falls while working at heights in all industries.
  • The NEP became effective immediately, and it applies to all industries.
  • It aims to achieve its goals through enforcement (including hazard-based inspection targeting and optional locally-generated programmed targeting in construction), outreach to employers, and compliance assistance.

Ireland: the dismissal for failing to pay for products from the employer's store is fair

May, 2023
  • On 17 March 2023, the Irish Labour Court overturned a €7,500 award to a former Aldi employee dismissed for gross misconduct, as he had taken products without paying for them from the employer's store on seven different dates from 25 November 2020 to 14 January 2021.

“Implementing a safe and healthy working environment: Where are we now?” (an ILO report)

May, 2023
  • On 28 April 2023, the ILO published a new report on the global implementation status of some key provisions in the fundamental Conventions No. 155 and 187.
  • The publication took place on the World Day for Safety and Health at Work 2023, celebrating the decision to include a safe and healthy work environment in the ILO Fundamental Principles and Rights framework.
  • It shows that, even if progress has been made, the health and safety of numerous workers worldwide are still at risk due to a lack of appropriate occupational safety and health (OSH) action in several crucial areas. It is essential to address the issue of the suffering caused for workers and their families, and the associated economic costs are colossal for enterprises and countries.
Newsletter April, 2023

The discussion of mental health and the obligation of employers worldwide. Mental health and employment in Mexico (by Juan José Díaz Mirón – VP Labour commission CONCAMIN)

April, 2023
  • There is a growing trend that implies that mental health be discussed alongside labour and employment regulation.
  • In Mexico, for example, the secretary/department of labour is competent to perform audits on working conditions and fine employers when the mental stability or mental health of employees is compromised by certain situations. Furthermore, employers with more than 50 employees are required to perform tests regarding employment conditions and their impact on the mental stability of employees (known as NOM 035).  This trend has several implications, only two of which we will touch upon.

European social partners in the metalworking sector adopted joint conclusions on how to address Artificial Intelligence in the workplace

April, 2023
  • On 22 February 2023, The European social partners in the metalworking sector (Ceemet and IndustriAll Europe) adopted joint conclusions to guide the social partners in the metal, engineering, and technology industries on “Artificial Intelligence in the MET industries.”
  • They published the joint conclusions in view of their social dialogue meeting on competitiveness and employment on 15 March 2023, aiming to set out guidelines for approaching AI in the workplace.
Newsletter March, 2023

South Africa: New minimum wage and the earnings threshold

March, 2023
  • The Minister of Employment and Labour, effective from 1 March 2023, increased the minimum earnings threshold of ZAR 241110.59 per annum and the national minimum wage of ZAR 25.42 per hour worked. 
  • They increased, respectively, by 7.6 and 9.6 per cent. 

Nigeria: a decision on discrimination in the workplace

March, 2023
  • On 11 January 2023, the National Industrial Court of Nigeria ("NICN") repealed a discriminatory law, thus demonstrating the attention and commitment to achieving gender equity.
  • In the case Omolola Olajide v. The Nigerian Police Force & 2 others (unreported Suit No: NICN/AK/14/2021), the Court stated the unlawfulness of a dismissal of an unmarried pregnant woman because it was based on a law that the Court annulled as discriminatory. 

Spain: new law on menstrual sick leave

March, 2023
  • On 20 February 2023, the Spanish Parliament approved modifications to the law on sexual and reproductive health and abortion. The new law - passed by 185 votes in favour to 154 against - includes a new regulation on sick leave due to 'secondary incapacitating menstruation, becoming the first country in Europe to advance such legislation.

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