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Safe and Healthy Working Environments Free from Violence and Harassment Safe and healthy working environments free from violence and harassment Safe and healthy working environments free from violence and harassment Copyright © International Labour Organization 2020 First published 2020 Publications of the International Labour Office 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 Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office 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 find the reproduction rights organization in your country. Safe and healthy working environments free from violence and harassment - Geneva: ILO 2020. English edition ISBN: 9789220323410 (print) 9789220323403 (web pdf) Also available in French (Des milieux de travail sûrs et sains exempts de violence et de harcèlement) : ISBN 9789220323618 (print), 9789220323601 (web pdf); and Spanish (Entornos de trabajo seguros y saludables, libres de violencia y acoso) : ISBN 9789220323595 (print), 9789220323588 (web pdf). 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 Office 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 Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, 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. This report was drafted under the technical guidance and overall coordination of Manal Azzi (Senior OSH specialist, LABADMIN/ OSH). The preliminary draft and legal review was prepared by Allison Ballard (International OSH and Legal Consultant, Charles Sturt University). Dafne Papandrea (International OSH Consultant) conducted further research and drafting of additional sections and helped finalise the publication through all phases of production. Thanks to Lacye Groening (LABADMIN/ OSH) for providing valuable support throughout the development of the publication. The report was reviewed by colleagues from LABADMIN/OSH, ACTRAV, ACT/EMP, GED, and other ILO units as well as OSH field specialists whose inputs are reflected and highly appreciated. Cover photo: © Fizkes - Dreamstime.com Designed by Dina Alwani. Safe and healthy working environments free from violence and harassment 4 Contents Contents Introduction ...............................................................................................6 1. Violence and harassment in the world of work: a threat to safety and health ...................................................................................................7 1.1 What is meant by violence and harassment in the world of work?.............8 1.2 Who can be involved? ........................................................................................11 1.3 OSH risk factors associated with violence and harassment at work .......................................................................................................................13 1.4 Prevalence of violence and harassment in the world of work: how big is the problem? ..........................................................................................20 1.5 What is the impact of violence and harassment on the world of work? ..............................................................................................23 2. OSH regulatory frameworks addressing violence and harassment in the world of work .....................................................27 2.1 International Labour Standards ......................................................................29 2.2 Regional OSH instruments ...............................................................................31 2.3 National OSH laws and regulations ................................................................32 2.4 Ensuring compliance through labour inspection ..........................................40 2.5 Social dialogue and collective agreements ....................................................42 3. National OSH initiatives and practices ...............................................44 3.1 Designing and implementing comprehensive OSH policies and guidelines for the management of violence and harassment ..............................................45 3.2 Collecting data on violence and harassment.................................................48 3.3 Education, training and awareness raising ....................................................51 4. Action at the workplace level: Enhanced OSH management systems for the prevention of violence and harassment.....................54 4.1 Workplace policy on violence and harassment .............................................56 4.2 Risk management ..............................................................................................58 4.3 Integrating violence and harassment in OSH training and information ...64 4.4 Monitoring and evaluation ...............................................................................65 5. The way forward ....................................................................................66 Safe and healthy working environments free from violence and harassment 5 Contents Bibliography ...............................................................................................70 Appendices .................................................................................................78 Appendix I. Relevant provisions from ILO OSH standards ................................78 Appendix II. Examples of legal provisions addressing workplace violence and harassment in national OSH and OSH-related laws and regulations .......81 Appendix III. ILO tools relevant for violence and harassment in the world of work .................................................................................................91 Appendix IV. Selected ILO OSH guidance material relevant for violence and harassment in the world of work ...................................................................95 Appendix V. Levels of interventions with examples ............................................97 Safe and healthy working environments free from violence and harassment 6 Introduction Introduction At its 108th (Centenary) Session, the International Labour Conference adopted the Violence and Harassment Convention, 2019 (No. 190) and its accompanying Recommendation (No. 206). In so doing, the International Labour Organization (ILO) acknowledged that violence and harassment is a major threat to the safety and health of workers and other persons in the world of work, and may constitute a human rights violation or abuse, incompatible with safe and decent work. Violence and harassment is a difficult and yet interconnected concept broadly described in the Convention as a range of unacceptable behaviours, practices or threats ‘that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm’ (Article 1.1). As early as 1981, the Occupational Safety and Health Convention (No. 155) specified that ‘health’ indicated not merely the absence of disease or infirmity, but also ‘the physical and mental elements affecting health, which are directly related to safety and hygiene at work’ (Article 3(e)). This report specifically focuses on how violence and harassment can be managed through occupational safety and health (OSH) measures. This includes through OSH regulatory frameworks, policies, programmes and enhanced OSH management systems (OSH-MS). Chapter 1 starts by examining the very concept of violence and harassment in the world of work, and looks into some of the key and interrelated factors that influence it. It lists the actors involved - and analyses the key and interconnected psychosocial hazards that lead to work-related stress, which can increase the risk of violence and harassment. It also takes stock of the impact it has on individuals and their families, and on organizations and society. Chapter 2 focuses on the OSH regulatory frameworks that specifically address the problem, which include ILO and regional instruments, as well as national regulations. It examines the legal requirements for preventive measures and various complaints mechanisms to be adopted for dealing with violence and harassment at the workplace. It specifically looks at the way the labour inspection services might ensure compliance, such as workplace inspections, targeted inspection campaigns and tools for labour inspectors. It also highlights the role that social dialogue and collective agreements might play in preventing and eliminating violence and harassment
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