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1、 XProtection against biological hazards in the working environmentInternational Labour Conference 113th Session,2025 ILC.113/Report IV(3)International Labour Conference,113th Session,2025 ILC.113/IV(3)Report IV(3)Protection against biological hazards in the working environment Fourth item on the age

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12、 978-92-2-040996-1(print),ISBN 978-92-2-040997-8(web PDF);Russian:ISBN 978-92-2-040990-9(print),ISBN 978-92-2-040991-6(web PDF);Spanish:ISBN 978-92-2-040988-6(print),ISBN 978-92-2-040989-3(web PDF).The designations employed in ILO publications and databases,which are in conformity with United Nation

13、s practice,and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the ILO concerning the legal status of any country,area or territory or of its authorities,or concerning the delimitation of its frontiers or boundaries.The opinions and views exp

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15、or process is not a sign of disapproval.Formatted by RELMEETINGS:ILC113(2025)-IV(3)-GOVERNANCE-240708-001-En.docx Printed in Switzerland Protection against biological hazards in the working environment 3 Contents Page Introduction.5 Office commentary on the proposed texts.7 A.Proposed Convention.8 P

16、reamble(point 3 of the Conclusions).8 I.Definition and scope.8 II.National policies.11 III.Preventive and protective measures.13 IV.Occupational health and occupational health services.15 V.Data collection,recording and notification of occupational diseases and occupational accidents.15 VI.Employmen

17、t injury benefits.16 VII.Enforcement of laws and regulations.16 VIII.Duties and responsibilities of employers.17 IX.Rights and duties of workers and their representatives.18 X.Methods of application.19 B.Proposed Recommendation.19 Preamble.19 I.Preventive and protective measures.19 II.Recording of o

18、ccupational diseases.21 III.Employment injury benefits.21 IV.Enforcement of laws and regulations.22 V.Duties and responsibilities of employers.22 VI.Final provision.23 Proposed texts.25 Proposed Convention concerning protection against biological hazards in the working environment.25 Proposed Recomm

19、endation concerning protection against biological hazards in the working environment.32 Protection against biological hazards in the working environment 5 Introduction 1.At its 331st Session(OctoberNovember 2017),the Governing Body of the International Labour Office,further to the recommendations of

20、 the Standards Review Mechanism Tripartite Working Group,requested the International Labour Office to prepare,for consideration for inclusion at the earliest dates possible in future agendas of the International Labour Conference,proposals for a possible standard-setting item on biological hazards,r

21、ecognizing the regulatory gaps identified in that regard.1 The Tripartite Working Group had agreed that the Anthrax Prevention Recommendation,1919(No.3),should be classified as requiring further action to ensure continued relevance and that follow-up action should be taken to revise it through an in

22、strument addressing all biological hazards.At its 341st Session(March 2021),the Governing Body decided to place on the agenda of the 112th and 113th Sessions(2024 and 2025)of the International Labour Conference an item related to occupational safety and health protection against biological hazards(s

23、tandard-setting double discussion).2 2.In accordance with article 46(1)of the Standing Orders of the Conference,the Office prepared a preliminary report setting out the law and practice in different Member States concerning protection against biological hazards in the working environment.3 The repor

24、t contained a questionnaire and was transmitted to Member States in December 2022.Governments were invited to send their replies by 31 July 2023,after consultation with the most representative organizations of employers and workers.Based on the replies received,the Office prepared a second report on

25、 the item,4 which was thereafter communicated to Member States.These two reports formed the basis for the first discussion of the item by the Conference,at its 112th Session(June 2024).3.On 14 June 2024,the International Labour Conference,meeting in Geneva at its 112th Session,adopted the report of

26、the Standard-Setting Committee on Biological Hazards(“the Committee”)containing a resolution and proposed Conclusions.The Conference in particular approved as conclusions proposals for a Convention supplemented by a Recommendation concerning biological hazards in the working environment.The Conferen

27、ce decided to include an item entitled“Biological hazards in the working environment”in the agenda of its 113th Session for a second discussion with a view to the adoption of a Convention supplemented by a Recommendation.It also decided that any part of the proposed Conclusions that had not been agr

28、eed upon or considered at the 112th Session of the International Labour Conference would be bracketed and included in the draft instruments that would be submitted to the Conference for its consideration at its 113th Session(2025).5 4.In accordance with the resolution and article 46(6)of the Standin

29、g Orders of the Conference,the Office has prepared the texts of a proposed Convention and Recommendation.The texts are 1 ILO,Minutes of the 331st Session of the Governing Body of the International Labour Office,GB.331/PV,para.723(f)(i);see also:The Standards Initiative:Report of the Third Meeting of

30、 the Standards Review Mechanism Tripartite Working Group,GB.331/LILS/2.2 ILO,Minutes of the 341st Session of the Governing Body of the International Labour Office,GB.341/PV,para.50(b).3 ILO,Biological Hazards in the Working Environment,ILC.112/Report IV(1).4 ILO,Protection against Biological Hazards

31、 in the Working Environment,ILC.112/Report IV(2).5 ILO,Outcome of the Standard-Setting Committee on Biological Hazards:Resolution and Proposed Conclusions Submitted to the Conference for Adoption,ILC.112/Record No.6A;Plenary Sitting:Outcome of the Work of the Standard-Setting Committee on Biological

32、 Hazards,ILC.112/Record No.6C.6 Protection against biological hazards in the working environment Introduction formulated on the basis of the first discussion by the Conference and take into account the replies received to the questionnaire contained in the preliminary report.As per the resolution of

33、 the Conference,the proposed Convention and Recommendation include the bracketed parts(text not agreed upon or considered for lack of time or lack of consensus)by the Conference at its 112th Session.The purpose of the present report is to transmit the proposed Convention supplemented by a Recommenda

34、tion to governments in accordance with the Standing Orders.5.Governments are hereby requested to inform the Office within three months from the publication of this report,and after consulting with the most representative organizations of employers and workers,whether they have any changes to suggest

35、 or comments to make.6.In addition,based on the first discussion and the replies received to the questionnaire contained in Report IV(1),and in response to requests to review several questions that the Committee had indicated would be of particular relevance for the second discussion,the Office invi

36、tes comments from the tripartite constituents on a number of formulations proposed by the Office with a view to clarifying the text.7.Pursuant to article 46(6)of the Standing Orders of the Conference,the replies should be communicated to the Office at the earliest opportunity,and in any case not lat

37、er than 14 November 2024 preferably by email to CN-BHilo.org.The comments received will be reflected in the fourth and final report on the standard-setting item,which will be prepared by the Office for the consideration of the Conference at its 113th Session(June 2025).8.Governments are further requ

38、ested to communicate to the Office,by the same date,whether they consider that the proposed texts provide a satisfactory basis for the second discussion by the Conference in 2025 and to indicate which organizations of employers and workers they consulted before they finalized their replies,pursuant

39、to article 46(6)of the Standing Orders.It should be noted that such consultations are required by Article 5(1)(a)of the Tripartite Consultation(International Labour Standards)Convention,1976(No.144),for countries that have ratified this Convention.The results of the consultations should be reflected

40、 in the governments replies.9.The report of the Committee is available to Member States in its entirety,6 as is the record of the discussion of the item in the plenary sitting of the 112th Session of the Conference.7 6 ILO,Report of the Standard-Setting Committee on Biological Hazards,ILC.112/Record

41、 No.6B(Rev.1).7 ILO,ILC.112/Record No.6C.Protection against biological hazards in the working environment 7 Office commentary on the proposed texts 10.The texts of a proposed Convention supplemented by a Recommendation concerning protection against biological hazards in the working environment are b

42、ased on the Conclusions adopted by the International Labour Conference following the first discussion of the item at its 112th Session in June 2024(“the Conclusions”).11.With a view to facilitating discussions and consensus at the second and final discussion of the item at the 113th Session(2025)of

43、the International Labour Conference,the Office proposes in this report drafting changes to the text of the proposed instruments in order to provide greater clarity and consistency,to ensure coherence with provisions of other ILO instruments and standard drafting practice,and to further align the thr

44、ee official language versions.Throughout the proposed Convention,the Office has replaced“should”with“shall”in line with standard drafting practice to reflect the binding nature of a Convention.Throughout both texts,the Office has also reordered“occupational diseases and occupational accidents”as“occ

45、upational accidents and occupational diseases”for consistency with other international labour standards,including the Protocol of 2002 to the Occupational Safety and Health Convention,1981.In addition,the Office has revised some of the headings in the proposed texts to better align them with the con

46、tent of the provisions.12.In proposing these modifications,the Office has fully considered the views expressed by the tripartite constituents and the agreements reached during the first discussion.The wording that the Committee left in square brackets in the text after the first discussion remains i

47、n square brackets and italics in the proposed Convention and Recommendation.13.The Office wishes to draw the particular attention of Member States to some issues arising in connection with some of the provisions adopted by the Conference,and to related proposals in the Office commentary.The Office i

48、nvites comments on these proposals,which it has not included in the proposed texts,as the comments will inform the fourth and final report on the item,which the Office is required to prepare in accordance with article 46(7)of the Standing Orders of the Conference.14.After extensive discussions,the C

49、ommittee decided that the instruments should take the form of a Convention supplemented by a Recommendation.It was decided to place points 3(c)to(h)and 33 to 44 of the Conclusions,which had not been considered due to time constraints,in italics and brackets and to include them in the draft instrumen

50、ts to be submitted to the Conference for its consideration at the 113th Session(2025).8 The Office recalls that all amendments submitted to the bracketed text fell as a result of the adoption of the proposed Conclusions.Thus,for those amendments to be discussed at the next session,they will have to

51、be resubmitted at the next session.9 8 Resolution to place on the agenda of the next ordinary session of the Conference an item entitled“Biological hazards in the working environment”,ILC.112/Resolution III.9 ILC.112/Record No.6B(Rev.1),para.1124.8 Protection against biological hazards in the workin

52、g environment Office commentary on the proposed texts A.Proposed Convention Preamble(point 3 of the Conclusions)15.The Office has established a standard preambular text in line with usual drafting practice and based on point 3 of the Conclusions.The Office recalls that points 3(c)to 3(h)were not con

53、sidered by the Committee and as such the corresponding preambular paragraphs are presented within brackets and in italics.I.Definition and scope Article 1(points 4,5 and 6 of the Conclusions)16.The Office has combined points 4,5 and 6 into a single Article to encompass definitions and the scope of t

54、he Convention to improve clarity and readability.The content of point 6 of the Conclusions has been added to that of point 4 as adopted by the Committee,to provide a comprehensive definition of biological hazards under Article 1(a).Article 1(b)refines point 5 of the Conclusions to improve clarity on

55、 how workers encounter biological hazards.17.The definition of“biological hazards”was discussed extensively by the Committee,revealing a considerable diversity of views.Various perspectives and comments from Members are also reflected in Report IV(2).The definition adopted by the Committee is narrow

56、er than the definition in the ILO Technical guidelines on biological hazards in the working environment(adopted by the ILO Governing Body in November 2022),in that it omits organic materials of plant,animal or human origin and bodily fluids,which are now included in subparagraph(b)in relation to way

57、s of exposure.This reflects a consensus aimed at providing comprehensive protection to workers against a wide range of biological hazards.18.The Office wishes to draw the tripartite constituents attention to some aspects of the current definition that could benefit from further clarification.Specifi

58、cally,some of the listed examples,such as prions and DNA and RNA materials,do not fit neatly into the defined categories,as they are not“microorganisms,cells or cell cultures”.The classification of viruses as“microorganisms”also remains a subject of debate within the scientific community.Furthermore

59、,the term“microorganisms”typically refers to bacteria,fungi and sometimes protozoa such as Plasmodium spp.,Giardia spp.and Trypanosoma spp.,but not to larger parasites,for example human endoparasites such as helminths or ectoparasites such as ticks,fleas,lice,parasitic flies and mites.It may be that

60、 Members will confirm that the definition is limited only to protozoa among parasites.However,Members may also wish to include all parasites.In that case,it may be useful to refer explicitly to“parasites”in the first part of the definition.If,in addition to protozoa,endoparasites,but not other paras

61、ites,are to be covered in the definition,it may be useful also to refer to them explicitly.The Office invites the tripartite constituents comments on this matter so that it can better reflect Members intentions in the draft instrument to be submitted to the Conference.19.Additionally,the Office draw

62、s Members attention to the fact that the wording“and any other microorganisms and their associated allergens and toxins”may inadvertently exclude other potentially allergenic or toxic microbiological entities not classified as microorganisms.20.While mindful not to change the scope of protection agr

63、eed by the Committee,the Office invites the tripartite constituents comments on an alternative,simplified formulation for Article 1(a),which could be complemented by further clarifications and examples in the Recommendation.The proposal below adds“or other non-cellular microbiologic entities”to the

64、Protection against biological hazards in the working environment Office commentary on the proposed texts 9 categories of biological hazards so as to explicitly cover prions and DNA and RNA materials and to ensure that viruses are included.The proposed text also includes parasites(subject to the comm

65、ents to be received from the tripartite constituents)and ensures that all potentially allergenic or toxic microbiological entities,regardless of classification,are appropriately covered.The proposed new text of Article 1(a)of the Convention would read as follows:(a)“biological hazards”refer to any m

66、icroorganisms,cells or cell cultures,parasites or other non-cellular microbiological entities,including those which have been genetically modified and including their associated toxins and allergens,that can cause harm to human health.21.The Office also invites the tripartite constituents comments o

67、n the following proposed new Paragraph that could be added to the Recommendation to further clarify the definition under Article 1 of the Convention:With reference to the definition contained in Article 1 of the Convention,examples of biological hazards include:(a)pathogenic microorganisms and their

68、 associated toxins and allergens,including certain bacteria,protozoa,fungi,oomycetes,and algae;(b)cells and cell cultures,including both primary cultures and immortalized cell lines,that are contaminated with other biological hazards or carry inherent risks such as tumour-inducing potential,toxins o

69、r allergens;(c)parasites,namely protozoa,endoparasites and ectoparasites;(d)other non-cellular microbiological entities,including viruses,prions and recombinant,genetically modified or synthetic DNA and RNA materials originating from pathogens,that can lead to adverse health effects upon unintention

70、al exposure.22.The Committee also discussed several amendments to point 6,which is now part of Article 1(a),before reverting to the original text from the Office.The Office proposes that“communicable and non-communicable”could be replaced with“infectious and non-infectious”.This would ensure that di

71、seases that can be caused by exposure to biological hazards as defined in Article 1 and that are not communicable but are still infectious(such as tetanus,which is caused by a biological toxin)are covered.“Infectious”is also the term used in the ILO List of Occupational Diseases Recommendation,2002(

72、No.194),and in the World Health Organization International Classification of Diseases(ICD-11).The Office also proposes to add the words“exposure to”for the purposes of technical accuracy and to align with other Articles in the proposed instruments.The Office invites the tripartite constituents comme

73、nts on the following rewording of the end of Article 1(a):(a)Harm to human health caused by exposure to biological hazards in the working environment includes infectious and non-infectious diseases and injuries.23.During the discussion and in the replies to the questionnaire in Report IV(2),there we

74、re several comments about different examples of health effects which could potentially be included under this provision.With the aim of providing further clarity,the Office invites the tripartite constituents comments on the following proposed new Paragraph in the Recommendation,which could compleme

75、nt Article 1(a)of the Convention by providing examples:1.Harm to human health caused by exposure to biological hazards in the working environment includes:(a)infectious diseases such as brucellosis,viral hepatitis,AIDS,tetanus,tuberculosis,anthrax and leptospirosis,including health effects secondary

76、 to acute or chronic infection,such as liver carcinoma secondary to viral hepatitis,and their sequelae once the original infection is no longer present;10 Protection against biological hazards in the working environment Office commentary on the proposed texts (b)non-infectious diseases such as toxic

77、 or inflammatory syndromes associated with bacterial or fungal contaminants or toxins;(c)injuries to health,where injury is defined as death or any personal injury or disease resulting from an occupational accident involving exposure to a biological hazard in the working environment.2.Health does no

78、t only indicate the absence of disease or infirmity but also includes the physical and mental elements affecting health which are directly related to safety and hygiene at work.24.Regarding Article 1(b)(point 5 of the Conclusions),there was consensus among the Committee members to list specific exam

79、ples of sources of exposure or modes of transmission of infectious biological hazards.Their identification is crucial for effective risk assessment and management.To ensure clarity and comprehensiveness in identifying modes of transmission of biological hazards in the working environment,and to alig

80、n technically with the definition of biological hazards in Article 1(a)and established epidemiological principles,the Office invites the tripartite constituents comments on the following alternative text for Article 1(b):(b)“Exposure to biological hazards in the working environment”refers to an even

81、t during which a worker comes into contact with or is in close proximity to biological hazards.The potential for infection to occur is intrinsically linked to the modes of transmission,which are critical in devising appropriate preventive strategies.These modes include:(i)direct transmission,which i

82、nvolves living organisms,including humans,that transmit an infectious biological hazard through direct contact or droplet spread;(ii)indirect transmission,which occurs via vectors,other transmitters such as contaminated water,food,organic materials or bodily fluids,fomites or medical instruments,or

83、airborne particles.25.The Committee also discussed a proposal to add a definition of“biological risk”to point 5,which was ultimately not adopted due to concerns about the lack of a precise definition of“risk”and potential legal ambiguities in some French-and Spanish-speaking countries where the dist

84、inction between the terms“hazard”and“risk”is not clearly made in their legal frameworks.These concerns were discussed by the Committee under different points(such as 10 and 13),and again by the Drafting Committee.The Office published an information note during the discussion.10 Given that a distinct

85、ion between“biological hazards”and“biological risks”(corresponding to“dangers biologiques”and“risques biologiques”in French and“peligros biolgicos”and“riesgos biolgicos”in Spanish)is clearly established in technical terminology related to occupational safety and health and is of critical importance

86、for consistency and clarity across different language versions of the instrument,the Office invites the tripartite constituents comments on the possible inclusion in Article 1 of the Convention of a definition of“biological risk”.This proposal is based on the understanding that risks result from exi

87、sting hazards and are defined by their likelihood and severity.For consistency with terminology already adopted by ILO constituents,the Office proposes to use the definition of“risk”of the ILO Guidelines on occupational safety and health management systems(ILO-OSH 2001),whose glossary defines it as“

88、a combination of the likelihood of an occurrence of a hazardous event and the severity of injury or damage to the health of people caused by this event”.The new subparagraph would read as follows:“Biological risk”refers to the combination of the likelihood of an occurrence of a hazardous event cause

89、d by exposure to a biological hazard and the severity of injury or damage to the health of people caused by this event.10“Clarification on terminology and implications of using biological hazards vs.biological risks”.Protection against biological hazards in the working environment Office commentary

90、on the proposed texts 11 Article 2(points 7,8 and 9 of the Conclusions)26.The Committee discussed several amendments to these points of the proposed Conclusions,but none were adopted.The Office has combined points 7,8 and 9 of the Conclusions under one Article to improve clarity and readability.II.N

91、ational policies 27.The Office has changed the title of Part II from“National policy”to“National policies”to reflect the multiple policies referred to under Article 4(point 11 of the Conclusions).Article 3(point 10 of the Conclusions)28.The Office has replaced the wording“which would be periodically

92、 reviewed”by“and shall periodically review that policy”at the end of Article 3,so that it is clear that the periodic review refers to the national policy.29.The wording“based on an evaluation of risk”was adopted by the Committee after extensive discussions.Members of the Committee noted difficulties

93、 in the interpretation of this terminology,and wished to differentiate it from a“risk assessment”at the workplace level.To remove ambiguity and ensure that this term is distinct from a workplace risk assessment,which remains the employers responsibility,the Office invites the tripartite constituents

94、 comments on whether“an evaluation of risk”should be replaced with“an assessment of biological hazards and risks at the national level”throughout the text.30.Based on the definition of hazard assessment from the ILO Guidelines on occupational safety and health management systems(ILO-OSH 2001),11 the

95、 legislation of several Member States,and the opinion of the Committee that“preventive and protective measures should be optimized based on risk assessment that includes the characteristics and degree of concern of the biological substance”,the Office invites the tripartite constituents comments on

96、the possible inclusion of the following definition for such an assessment capturing these elements,which could be placed as a new subparagraph along with the other definitions in Article 1:“Assessment of biological hazards and risks at the national level”refers to a systematic evaluation of biologic

97、al hazards and risks,based on the hazards characteristics including the potential to cause harm to human health and the severity of this harm,the availability of effective diagnosis and prophylaxis or treatment,the public health risks in terms of spread to the population or the environment,and the d

98、egree of concern.31.During the discussion,there were several calls for clear technical guidance to be provided in the instruments.There were also debates about the concept of“degree of concern”and the intent to capture the concepts of“risk”and“probability of harm”.To better reflect the wishes of the

99、 Committee,the Office invites the tripartite constituents comments on the possible inclusion of further details about this assessment,in two new Paragraphs in the Recommendation,which would read:“Assessment of biological hazards and risks at the national level”should be considered to refer to a syst

100、ematic process of gathering and evaluating information to support the development of a regulatory framework that is risk-and evidence-based in order to select appropriate and proportionate risk control measures for the identified biological risks associated with the work being performed.This involve

101、s:11 In ILO-OSH 2001,“hazard assessment”is defined as“a systematic evaluation of hazards”.12 Protection against biological hazards in the working environment Office commentary on the proposed texts (a)identification and characterization of biological hazards based on their potential to cause harm an

102、d the severity of this harm;(b)evaluation of the availability and effectiveness of diagnostic tools and prophylactic or treatment measures;(c)assessment of the public health risk of spread of these hazards to the population or the environment,considering country-specific conditions and available res

103、ources;(d)consideration of the degree of concern regarding the biological hazards,including potential social and economic impacts.Members should periodically review and update the assessment of biological hazards and risks at the national level to reflect changing knowledge of regulated pathogens an

104、d activities and advances in technologies.Article 4(point 11 of the Conclusions)32.The Office has made some editorial changes for clarity and to avoid redundancy.33.During the Drafting Committee,the Office was requested to provide advice on the possible replacement of the term“new and emerging hazar

105、ds”by“emerging and re-emerging hazards”.The Office notes that the latter formulation is aligned with established terminology in public health,occupational safety and health practices and current scientific understanding.The term“emerging”inherently covers“new”hazards,as these are hazards that are ne

106、wly recognized or have recently become more prevalent.The wording“emerging and re-emerging”would also capture the evolving nature of biological hazards,including those recurring after a period of absence.This characteristic of biological hazards was highlighted by Committee members during their open

107、ing statements.34.The Office also proposes to replace preparedness and response“measures”with“plans and procedures”,to align with Article 15 of the Prevention of Major Industrial Accidents Convention,1993(No.174).35.The Office therefore invites the tripartite constituents comments on the following r

108、ewording for subparagraph(c):(c)the need to develop arrangements for the effective management of biological hazards in the working environment,including emerging and re-emerging hazards,and preparedness and response plans and procedures to deal with accidents and emergencies related to biological ha

109、zards in the working environment,and also considering workers physical and mental health and general well-being.36.Divergent opinions emerged during the first discussion as to whether a“gender-responsive needs assessment”should be included in the current Article 4(b).Nevertheless,the Office notes th

110、at Article 17 of the proposed Convention refers to a gender-responsive perspective in risk assessments.Emerging research highlights the importance of incorporating gender in biological risk assessments.Such assessments can identify situations where women and men face different levels of exposure and

111、 risk due to their roles and responsibilities and societal norms,leading to more effective and equitable safety and health measures.In this context,the Office invites the tripartite constituents comments on the inclusion of a new subparagraph under Article 4 which would read:(f)the importance of inc

112、orporating gender-responsive biological risk assessments to address the different levels of exposure and risk faced by women and men due to their roles and responsibilities and societal norms,ensuring more effective and equitable safety and health measures.Protection against biological hazards in th

113、e working environment Office commentary on the proposed texts 13 Article 5(point 12 of the Conclusions)37.Article 5 reproduces point 12 of the Conclusions,with an editorial change.III.Preventive and protective measures Article 6(points 14 and 16 of the Conclusions)38.In the Committees discussion,sev

114、eral amendments to point 14 of the Conclusions were proposed aimed at refining the Governments obligation to develop guidelines for managing biological hazards in the working environment,including an amendment that inserted“in accordance with national law and practice”to provide flexibility in refle

115、cting national laws and practices.For clarity and readability,the Office has split the requirements for the guidelines into two subparagraphs.39.The Office proposes to add“arrangements and”to the“national guidance”that Members are required to develop.This would provide for plans and procedures for t

116、he management of accidents and emergencies,thus bringing the Article closer to provisions of other international labour standards,namely Article 15 of the Prevention of Major Industrial Accidents Convention,1993(No.174).40.The periodic review and update of assessments and measures was discussed by t

117、he Committee in relation to other points.The Office invites the tripartite constituents comments on whether the process of developing,periodically reviewing and updating guidelines for preventive and protective and,as appropriate,precautionary measures should apply to the guidelines referred to in A

118、rticle 6(point 14),as it does to the specific guidance mentioned in Article 8(point 16).41.Considering the above,and with the aim of improving the clarity and comprehensiveness of these Articles,the Office invites the tripartite constituents comments on an alternative formulation,which would merge p

119、oints 14 and 16 of the Conclusions under one Article.As discussed under Article 3,“evaluation of risks”would be replaced by“assessment of biological hazards and risks at the national level”,and as discussed under Article 4,“new and emerging”would be replaced by“emerging and re-emerging”.The new text

120、 would read as follows:Each Member shall,in accordance with national law and practice,and in consultation with the most representative organizations of employers and workers,develop,periodically review and update national arrangements and guidance on preventive and protective and,as appropriate,prec

121、autionary measures for the management of biological hazards in the working environment,based on an assessment of biological hazards and risks at the national level,and taking into account emerging and re-emerging hazards and risks.These arrangements and guidance shall:(a)include preparedness and res

122、ponse plans and procedures to deal with accidents and emergencies related to exposure to biological hazards in the working environment;(b)promote continuous improvement of the level of protection of the exposed workers;(c)cover,in particular:(i)sectors and occupations where workers are at a high ris

123、k of recognized harm due to exposure to biological hazards;(ii)workers with certain conditions who may require special protection,taking into account the need to ensure that such measures should not result in discrimination or contribute to occupational segregation.42.Bearing in mind the comments fr

124、om Committee members calling for a clear separation between the guidance to be applied during crises such as pandemics and that to be applied during interpandemic periods,the Office also invites the tripartite constituents comments on 14 Protection against biological hazards in the working environme

125、nt Office commentary on the proposed texts including the following additional clause recognizing the need for specific guidance for essential workers during pandemics or public health emergencies,reflecting their critical role in societal functioning and well-being and their heightened risk of expos

126、ure.The term“essential workers”is aligned with definitions in global health frameworks,emphasizing their prioritization for protective measures.(iii)essential workers during pandemics or other public health emergencies,as defined at the national level.43.The Office also invites the tripartite consti

127、tuents comments on a corresponding Paragraph that could be placed in the Recommendation to provide further clarification on the meaning of“essential workers”,which would read:Essential workers during pandemics or other public health emergencies,as defined at the national level,include workers who ar

128、e critical to maintaining the functioning of society and its well-being during such emergencies.Examples may include healthcare and laboratory workers,public health responders,waste-water workers,police and security officers,childcare,agriculture and food workers,transportation workers,seafarers,air

129、 crews,and workers at points of entry and exit,land crossings,airports and seaports.44.Considering the comments from Committee members during the discussion and in the replies summarized in Report IV(2)calling for further technical guidance in the instruments,the Office has prepared a text elaborati

130、ng on the specific national arrangements or guidance to be developed by Members for sectors and occupations where workers are at high risk of recognized harm due to exposure to biological hazards.The Office invites the tripartite constituents comments on the following proposed text,which could be in

131、cluded as a new Paragraph in the Recommendation:1.The national arrangements and guidance on preventive and protective and,as appropriate,precautionary measures for sectors and occupations where workers are at high risk of recognized harm due to exposure to biological hazards under the Convention sho

132、uld:(a)follow the hierarchy of controls;(b)address,as appropriate,infection prevention and control measures,risk-based biosecurity and biosafety control measures such as levels of containment in laboratories,vector control,decontamination and disinfection procedures,as well as procedures for handlin

133、g and disposing of contaminated or suspected waste without risk;(c)consider uncertainties regarding the presence of biological hazards in living organisms,vectors or other potential transmitters;(d)be adequate and proportionate to the level of risk of exposure in each sector or occupation and to the

134、 hazards identified and risks assessed at the national level.2.Members may consider various approaches to specify appropriate and proportionate risk control measures,which may include:(a)regulations,policies or guidelines developed for types of work involving certain types of biological hazards,such

135、 as laboratory work;(b)regulations,policies or guidelines with an accompanying list of biological hazards to which those regulations apply;(c)classification of biological hazards into risk or hazard groups based on characteristics and epidemiological profiles.Protection against biological hazards in

136、 the working environment Office commentary on the proposed texts 15 Article 7(point 15 of the Conclusions)45.The Office has made some editorial changes and added“and,as appropriate,precautionary measures”for consistency with other Articles.46.The Committee adopted an amendment that inserted“timely”b

137、efore“information and support”.However,following questions raised in the Drafting Committee,the Committee adopted the text,“Each member shall provide timely information,and support to employers”,in which“timely”only applies to“information”and not to“support”.The Office invites the tripartite constit

138、uents comments on whether the adopted formulation accurately reflects the Committees intent.47.The Office would also like to note that,to ensure consistency,the proposal for Members consideration in relation to Articles 3 and 6 above,to replace“evaluation of risk”with“assessment of biological hazard

139、s and risks at the national level”,would also apply to this Article.Article 8(point 16 of the Conclusions)48.As stated under the commentary on Article 6 above,the Office invites the tripartite constituents comments on whether points 14 and 16 of the Conclusions should be merged into a single Article

140、,or whether specific provisions for certain sectors and occupations and for workers who may require special protection should be kept as separate Articles.IV.Occupational health and occupational health services Article 9(point 17 of the Conclusions)49.In subparagraph(a),the Office has made several e

141、ditorial changes to improve the clarity and readability of the text and added the wording“recognized harm due to”before“exposure”for consistency with other parts of the Convention.The Office has also deleted the reference to“in relation to biological hazards in the working environment”at the end of

142、clause(b)to avoid duplication.50.The Office invites the tripartite constituents comments on whether“and,as appropriate,precautionary measures”should also be added to the introductory text for this Article,to ensure consistency with the previous Articles.V.Data collection,recording and notification o

143、f occupational diseases and occupational accidents 51.The Office has reordered the wording of the title of Part V to“Reporting,recording and notification of occupational accidents and occupational diseases and collection of data”to reflect the order used in Article 10(a).Article 10(point 18 of the C

144、onclusions)52.Article 10 reproduces point 18 of the Conclusions,with minor editorial changes to improve clarity.Article 11(point 19 of the Conclusions)53.Article 11 reproduces point 19 of the Conclusions,with minor editorial changes to improve clarity.16 Protection against biological hazards in the

145、working environment Office commentary on the proposed texts VI.Employment injury benefits Article 12(point 20 of the Conclusions)54.The Office notes that deaths due to occupational exposure to biological hazards in the working environment are covered by the Employment Injury Benefits Convention,1964

146、(No.121),and are eligible for compensation under social security or workers compensation schemes or programmes,in accordance with national law and practice.The Office therefore invites the tripartite constituents comments on whether“death”should be added before“disease,injury or incapacity”in Articl

147、e 12.VII.Enforcement of laws and regulations Article 13(point 21 of the Conclusions)55.The Office notes that the wording“including preventive and supportive measures”would benefit from increased precision and invites the tripartite constituents comments on whether it should be changed to“including t

148、he supply of technical information and advice to employers and workers”.This would be aligned with the primary duties of labour inspectors under Article 3 of the Labour Inspection Convention,1947(No.81),and Article 6 of the Labour Inspection(Agriculture)Convention,1969(No.129).Article 14(point 22 of

149、 the Conclusions)56.The Office notes that concerns were raised during the Committees discussion about the ambiguity of the term“systematic approach”and invites the tripartite constituents comments on replacing it with the more precise term“management systems approach”.This would be aligned with the

150、wording of the Promotional Framework for Occupational Safety and Health Recommendation,2006(No.197),and the ILO Guidelines on occupational safety and health management systems(ILO-OSH 2001).The Office also proposes to replace“when assessing compliance with relevant national laws and regulations”with

151、“according to their mandates and national law and practice”.57.The Office also invites the tripartite constituents comments on whether the current Articles 13 and 14 should be combined into two paragraphs of a single Article:1.Each Member shall ensure the enforcement of national laws and regulations

152、 concerning biological hazards in the working environment through an adequate and appropriate system of inspection and,where applicable,other mechanisms for ensuring compliance,including the supply of technical information and advice to employers and workers,and shall allocate adequate resources and

153、 support needed for these functions.2.Each Member shall ensure that labour inspectors with duties related to biological hazards and risks in the working environment:(a)are trained on those hazards and risks and that,as appropriate,other officials are also trained;(b)promote a management systems appr

154、oach to occupational safety and health according to their mandates and national law and practice.Article 15(point 23 of the Conclusions)58.To further align this provision with Article 18 of the Labour Inspection Convention,1947(No.81),and Article 9(2)of the Occupational Safety and Health Convention,

155、1981(No.155),the Office has replaced the verb“apply”with“provide for”.The Office notes that sanctions are established by Protection against biological hazards in the working environment Office commentary on the proposed texts 17 national legislation and therefore invites the tripartite constituents

156、comments on whether to change“in accordance with national law and practice”to“in accordance with national laws and regulations”.VIII.Duties and responsibilities of employers Article 16(point 24 of the Conclusions)59.Article 16 reproduces point 24 of the Conclusions.Article 17(points 25 and 26 of the

157、 Conclusions)60.For clarity,the Office has merged points 25 and 26 of the Conclusion into a single Article.61.In the introductory text,the Office has deleted the reference to“duties and responsibilities with respect to biological hazards in the working environment”to avoid duplicating the title of t

158、he Part and has moved the reference to national law and applicable collective agreements to make it clear that it refers to the preventive and protective measures.62.In subparagraph(a),the wording“with certain conditions”has been added for consistency with previous Articles.63.In subparagraph(b),the

159、 term“biological hazards in the working environment”was added,considering the hierarchy of controls and given that the elimination of hazards is a clearly established terminology in occupational safety and health.More detailed information on the application of the hierarchy of controls to biological

160、 hazards in the working environment is available in Appendix II to the ILO Technical Guidelines on Biological Hazards in the Working Environment.64.To enhance clarity,the Office has incorporated point 25 of the Conclusions as subparagraph(c)of Article 17.The term“optimized”has been replaced with“imp

161、lement effective”,in line with the wording of other instruments,such as the Prevention of Major Industrial Accidents Convention,1993(No.174).65.In subparagraph(e),the reference to“in accordance with national law and practice,and on the basis of a risk assessment”has been deleted,as it is already inc

162、luded in the introductory text.66.The subparagraph on precautionary measures has been moved up to follow the subparagraph on preventive and control measures.For better readability,the wording“where sufficient information is not available”was replaced by“where the available information is insufficien

163、t”.Article 18(point 27 of the Conclusions)67.Article 18 reproduces point 27 of the Conclusions,with minor editorial changes to improve clarity.Article 19(point 28 of the Conclusions)68.Article 19 reproduces point 28 of the Conclusions,with minor editorial changes to improve clarity.69.The Office inv

164、ites the tripartite constituents comments on whether to change the reference to preparedness and response“measures”to“plans and procedures”,to be closer to the language used in Article 9 of the Prevention of Major Industrial Accidents Convention,1993(No.174),which sets out that employers shall estab

165、lish and maintain a documented system of major hazard control which includes provision for“emergency plans and procedures”.18 Protection against biological hazards in the working environment Office commentary on the proposed texts IX.Rights and duties of workers and their representatives Article 20(

166、point 29 of the Conclusions)70.In the introductory text,the Office has deleted the reference to“with respect to biological hazards in the working environment”to avoid redundancy,and has changed the wording“should have rights that include”to“shall have the right to”.71.The Office has changed the orde

167、r of subparagraphs(a)and(b)to improve the structure of the Article.72.The Office notes that,in clause(f)of the Conclusions adopted by the Committee,medical examinations are listed in parallel with“health surveillance”.In order to ensure consistency with the Occupational Health Services Convention,19

168、85(No.161),and its accompanying Recommendation(No.171),and the definition included in the ILO Technical and ethical guidelines for workers health surveillance,the Office suggests deleting the reference to“medical examinations”.“Workers health surveillance”is a generic term that covers procedures and

169、 investigations to assess workers health to detect and identify any abnormalities.Medical examinations are a type of health assessment.Other health assessment procedures can include,but are not limited to,biological monitoring,radiological examinations,questionnaires and a review of health records.T

170、he Office thus invites the tripartite constituents comments on the possible deletion of the reference to“medical examinations”.The alternative version would read:(f)receive reports on health surveillance,subject to confidentiality rules for personal and medical data;73.In subparagraph(h),the Office

171、has made editorial changes to improve readability.Article 21(point 30 of the Conclusions)74.The Office has made some editorial changes to improve clarity.It has changed the wording“should have duties with respect to biological hazards in the working environment that include”to“shall be required to”f

172、or clarity and readability and to align it with previous Articles.In subparagraph(a),the Office has moved the word“prescribed”to come before“to themselves and others”for clarity,and has deleted“on the prevention of and protection from biological hazards”to avoid redundancy.In subparagraph(b),it has

173、replaced“working conditions”with“situation”for consistency with other international labour standards,including Article 19(f)of the Occupational Safety and Health Convention,1981(No.155).In subparagraph(c),the Office has added“in the working environment”at the end of the sentence to clarify the scope

174、 of the duty.Article 22(point 31 of the Conclusions)75.The Committee discussed point 31 of the Conclusions extensively before adopting it.The Office notes that the right to remove oneself from a situation of serious and imminent danger is addressed in several ILO instruments,including Article 13 of

175、the Occupational Safety and Health Convention,1981(No.155),and has thus made changes to ensure coherence with similar provisions.As the subparagraphs refer to both rights and duties of workers,the Office has modified the introductory text to read“In addition to the rights and duties set out above,wo

176、rkers”.The Office has also deleted from subparagraph(a)the duty of the worker to report to the immediate supervisor of the imminent and serious situation,as it is addressed in subparagraph(b)and also Article 21(b).Protection against biological hazards in the working environment Office commentary on

177、the proposed texts 19 X.Methods of application Article 23(point 32 of the Conclusions)76.Article 23 reproduces point 32 of the Conclusions,with minor editorial changes.B.Proposed Recommendation Preamble 77.The Office has established a standard preambular text for the proposed Recommendation in line

178、with usual drafting practice.Paragraph 1 78.Based on point 33 of the Conclusions and following standard drafting practice,the Office has included a Paragraph indicating that the provisions of the Recommendation supplement those of the Convention and should be applied in conjunction with them.I.Preve

179、ntive and protective measures Paragraph 2 79.As agreed by the Committee during its first discussion,point 15 of the conclusions originally proposed by the Office in Report IV(2)has now been inserted in the proposed Recommendation,with minor editorial changes.The Office invites the tripartite constit

180、uents comments on the placement of this point as Paragraph 2.The Office notes that the scope of this provision is broader than that of the obligation under Article 12 of the Occupational Safety and Health Convention,1981(No.155),which focuses on machinery,equipment and substances used directly in oc

181、cupational tasks.By encompassing biological substances to which workers could be exposed,the Recommendation acknowledges that hazards may arise not only directly from occupational activities but also from incidental exposure in the working environment.80.Additionally,the Office invites the tripartit

182、e constituents comments on the possible inclusion of references to other relevant treaties and international frameworks under clause(d),such as the Biological Weapons Convention,which prohibits the development and use of biological weapons,and the International Health Regulations,which aim to contro

183、l the international spread of disease.Members comments in Report IV(2)also emphasized the need to consider a wide array of international instruments to enhance the effectiveness and coherence of occupational safety and health measures.Paragraph 3(point 34 of the Conclusions)81.Several amendments to

184、point 34 of the Conclusions were proposed during the Committees first discussion,including an amendment proposing to expand the scope of emergency human resources to include surge capacity and flexibility in resource allocation,which ensures a more responsive and adaptable approach during crises.82.

185、The Office invites the tripartite constituents comments on an alternative text that takes the above into account,makes some clauses more concise and adds“accidents and”before“emergencies”.It also replaces“arrangements”with“plans and procedures”to align with the 20 Protection against biological hazar

186、ds in the working environment Office commentary on the proposed texts Office proposal in the commentary to Articles 6 and 8 of the Convention.The text would read as follows:3.The preparedness and response plans and procedures to be established under Article 6 of the Convention for the effective mana

187、gement of accidents and emergencies related to biological hazards in the working environment should include:(a)the preparation or updating of regulations for the management of such accidents and emergencies;(b)early warning systems;(c)measures to be taken in the working environment in the event of o

188、utbreaks,epidemics or pandemics;(d)coordination and information mechanisms with public health authorities;(e)national and international research collaboration;(f)provision for appropriate emergency human resources,including surge capacity and flexible resource allocation;(g)effective operation of he

189、althcare facilities and essential services;(h)material preparedness;(i)collaboration among relevant public health,water and waste,occupational health and veterinary health authorities,and other partners;(j)rapid public health response systems and real-time communication of expert advice;(k)training

190、of occupational health service providers on potential biological hazards,supported by clinical or laboratory-based surveillance.Paragraph 4(point 35 of the Conclusions)83.To ensure consistency with Article 8 of the Convention,the Office proposes to add a reference to“or,as appropriate,precautionary

191、measures”added after“preventive and protective”measures in the introductory text.84.Amendments received in the first discussion included proposals to incorporate additional sectors,and to specify subsectors within existing sectors,to provide clearer guidance for the development of targeted preventiv

192、e and protective measures.Similar views were expressed in the replies to the questionnaire.The Office invites the tripartite constituents comments on the following proposal,in which it has also inserted“recognized harm due to”before“exposure to biological hazards”in the introductory text to align it

193、 with Articles 8 and 9 of the Convention:4.The sectors and occupations where workers are at high risk of recognized harm due to exposure to biological hazards and for which specific preventive and protective or,as appropriate,precautionary measures should be developed under Article 8 of the Conventi

194、on should include:(a)the healthcare sector;(b)agricultural work,including in the animal(such as livestock,poultry),vegetable and grain sectors;(c)the water and waste sector;(d)cleaning and maintenance work,including hospital cleaning and industrial maintenance;(e)humanitarian work;(f)laboratory work

195、;(g)the biotechnology and pharmaceutical sectors;(h)funeral services and mortuary work.Protection against biological hazards in the working environment Office commentary on the proposed texts 21 Paragraph 5(point 36 of the Conclusions)85.Several amendments were received during the Committees first d

196、iscussion,including proposals to broaden the scope and to eliminate the subparagraph referring to“workers in need of protection due to their social situation and multiple disadvantages”.Accordingly,the Office invites the tripartite constituents comments on the possible deletion of this subparagraph

197、and the addition of“migrant workers”to the list of categories of workers who may need special protection under certain conditions.This would also be in line with the comments from Members summarized in Report IV(2),which highlighted migrant workers vulnerabilities in terms of unstable social conditi

198、ons and limited access to health services.Paragraph 6(point 37 of the Conclusions)86.Paragraph 6 corresponds to Point 37 of the Conclusions.Paragraph 7(point 13 of the Conclusions)87.The Office notes that this provision resulted from an amendment that was originally intended to be a new point after

199、point 12 of the Conclusions with a view to a Convention,but the Committee subsequently agreed that it should be moved to the Recommendation.The Office invites the tripartite constituents comments on its proposed placement as Paragraph 7,under“Preventive and protective measures”,thereby complementing

200、 the specific preventive aspects outlined in the previous Paragraphs by adding a broader perspective that acknowledges the cross-border dimension of biological risks.88.The Office proposes to replace“health and safety”with“safety and health”to align with the terminology used in international labour

201、standards.In addition,considering the hierarchy of controls and given that the elimination of hazards is a clearly established terminology in occupational safety and health,the Office proposes that it should read“eliminate hazards or minimize these risks”.In addition,the Office proposes that“occupat

202、ional”could be deleted before“health culture”to avoid redundancy.The Office invites the tripartite constituents comments on these proposals.II.Recording of occupational diseases Paragraph 8(point 38 of the Conclusions)89.The Office notes that this provision is now covered under Article 10(e)of the C

203、onvention and therefore invites the tripartite constituents comments on whether Paragraph 8,and consequently the title of the Part,should be deleted.III.Employment injury benefits 90.The Office invites the tripartite constituents comments on whether to include under Part III provisions concerning em

204、ployment injury benefits and income security(Paragraphs 9 and 10),which are part of social protection,and on protection from dismissal(Paragraph 11),which is an employment protection measure,and consequently whether the title of Part III should be changed from“Employment injury benefits”to“Social an

205、d employment protection”.22 Protection against biological hazards in the working environment Office commentary on the proposed texts Paragraph 9(point 39 of the Conclusions)91.Considering that Part VI of the Convention addresses employment injury benefits,the Office invites the tripartite constituen

206、ts comments on the possible inclusion in Paragraph 9 of a reference to the Social Security(Minimum Standards)Convention,1952(No.102).Paragraph 10 92.The Office notes that the Committee adopted an amendment on access to income protection and asked the Office to place it in the proposed Recommendation

207、.The Office has incorporated it as Paragraph 10,as income protection is part of social protection.The Office invites the tripartite constituents comments on whether the term“income protection”could be replaced with“basic income security”to align it with the social security instruments,particularly t

208、he Income Security Recommendation,1944(No.67),and the Social Protection Floors Recommendation,2012(No.202).The Office would like to clarify in this respect that the aims of social protection,or social security,include ensuring basic income security in case of various life-cycle risks,such as unemplo

209、yment,disability or maternity.Basic income security during periods of isolation or quarantine is a part of social protection.93.The Office recalls that some concerns were raised during the first discussion regarding the receivability of amendments related to income security(Paragraph 10)and protecti

210、on from dismissal(Paragraph 11).The Office clarified that,from a legal perspective,there is nothing to prevent the Committee from debating such proposals,and provided examples of occupational safety and health instruments containing aspects related to social security matters.Paragraph 11 94.The Offi

211、ce notes that the Committee adopted an amendment on protection from dismissal and asked the Office to place it in the proposed Recommendation.The Office has incorporated it as Paragraph 11,as protection from dismissal is an employment protection measure.With regard to concerns expressed during the f

212、irst discussion on the receivability of amendments on the protection from dismissal,the Office refers to its commentary on Paragraph 10 above.IV.Enforcement of laws and regulations Paragraph 12(point 40 of the Conclusions)95.Paragraph 12 reproduces point 40 of the Conclusions.Paragraph 13(point 41 o

213、f the Conclusions)96.The Office notes that Paragraph 13 of the proposed Recommendation is already addressed under Article 14(b)of the proposed Convention.V.Duties and responsibilities of employers Paragraph 14(point 42 of the Conclusions)97.Paragraph 14 reproduces point 42 of the Conclusions.Paragra

214、ph 15(point 43 of the Conclusions)98.Paragraph 15 reproduces point 43 of the Conclusions.Protection against biological hazards in the working environment Office commentary on the proposed texts 23 Paragraph 16 99.The Office notes that the Committee adopted an amendment on preparedness and response a

215、rrangements and asked the Office to place it in the proposed Recommendation.The Office proposes to insert it as Paragraph 16,under the duties and responsibilities of employers.It also suggests that“these”should be deleted from the beginning of the Paragraph,and that“arrangements”could be replaced wi

216、th“plans and procedures”for consistency with the proposal under Article 19 of the proposed Convention.VI.Final provision Paragraph 17(point 44 of the Conclusions)100.The Office has included this provision under a Part entitled“Final provision”,but invites the tripartite constituents comments on whet

217、her it should be changed to“Effect on earlier Recommendations”for consistency with other instruments,such as the Safety and Health in Construction Recommendation,1988(No.175).Protection against biological hazards in the working environment 25 Proposed texts Proposed Convention concerning protection

218、against biological hazards in the working environment The General Conference of the International Labour Organization,Having been convened in Geneva by the Governing Body of the International Labour Office,and having met at its 113th Session on XX June 2025,Recalling the solemn constitutional obliga

219、tion of the International Labour Organization(ILO)to further among the nations of the world programmes which will achieve adequate protection for the life and health of workers in all occupations,Recalling the inclusion of a safe and healthy working environment in the ILOs framework of fundamental p

220、rinciples and rights at work by the International Labour Conference in June 2022,Considering the objective to provide a comprehensive legal framework for the respect,promotion and realization of the right to a safe and healthy working environment concerning biological hazards,including provisions fo

221、r preparedness and response arrangements for the effective management of emergencies related to biological hazards in the working environment,taking new and emerging hazards and risks into account,Stressing the importance of promoting international policy coherence and cooperation in the prevention

222、of communicable and non-communicable diseases caused by biological hazards in the working environment,Recognizing the relevance of the Occupational Safety and Health Convention,1981(No.155),and the Promotional Framework for Occupational Safety and Health Convention,2006(No.187),considered as fundame

223、ntal Conventions within the meaning of the ILO Declaration on Fundamental Principles and Rights at Work(1998),as amended in 2022,and the relevance of the Protocol of 2002 to Convention No.155 and the Occupational Health Services Convention,1985(No.161),Noting the need to revise the Anthrax Preventio

224、n Recommendation,1919(No.3),and to close the gap in coverage of international labour standards concerning other biological hazards in the working environment,Noting that the proposed instruments constitute the first international instruments addressing biological hazards in the working environment a

225、t the global level,Stressing the need to promote effective management of occupational safety and health regarding biological hazards in the working environment through collaborative means and measures by relevant actors,including public health and occupational safety and health authorities and emplo

226、yers and workers organizations,in their respective areas of responsibility.Having decided upon the adoption of certain proposals related to occupational safety and health protection against biological hazards,which is the fourth item of the agenda of the session,and having determined that these prop

227、osals shall take the form of an international Convention,adopts this XX June 2025 the following Convention,which may be cited as the Biological Hazards in the Working Environment Convention,2025:26 Protection against biological hazards in the working environment Proposed texts I.Definition and scope

228、 Article 1 For the purposes of this Convention:(a)“biological hazards”refer to any microorganisms,cells or cell cultures,including those which have been genetically modified,which can cause harm to human health,such as bacteria,viruses,parasites,fungi,prions,DNA and RNA materials,and any other micro

229、organisms and their associated allergens and toxins.Harm to human health caused by biological hazards in the working environment includes communicable and non-communicable diseases and injuries.(b)“exposure to biological hazards in the working environment”includes contact with,among others,organic m

230、aterials of plant,animal or human origin,bodily fluids and biological vectors or transmitters of disease.Article 2 1.This Convention applies to all workers in all branches of economic activity.2.Each Member ratifying this Convention,after consultation with the representative organizations of employe

231、rs and workers concerned,and on the basis of an assessment of the biological hazards involved and of the preventive and protective measures to be applied:(a)may exclude from its application,in part or in whole,particular branches of economic activity or limited categories of workers in respect of wh

232、ich its application would raise special problems of a substantial nature,on condition that a safe and healthy working environment is maintained;(b)shall make special provisions to protect confidential information whose disclosure to a competitor would be liable to cause harm to an employers business

233、 so long as the safety and health of workers are not compromised thereby.3.Each Member which avails itself of the possibility afforded in the preceding paragraph shall list,in its first report on the application of the Convention under article 22 of the Constitution of the International Labour Organ

234、ization,the particular branches of economic activity or categories of workers thus excluded,giving the reasons for such exclusion and describing any measures taken to provide adequate protection to excluded workers,and shall indicate in subsequent reports any progress towards wider application.Membe

235、rs shall make every effort to end exclusions at the earliest opportunity.II.National policies Article 3 Each Member shall,consistent with national law and practice and in consultation with the most representative organizations of employers and workers,integrate the protection against biological haza

236、rds in the working environment into its national policy on occupational safety and health,based on an evaluation of risk that takes into account the characteristics and degree of concern of hazards,and shall periodically review that policy.Protection against biological hazards in the working environ

237、ment Proposed texts 27 Article 4 National policies on biological hazards in the working environment shall take account of:(a)other relevant policies,including on public health and the environment,where these policies are consistent with,complement or improve occupational safety and health provisions

238、;(b)the best available information concerning the management of occupational safety and health regarding biological hazards in the working environment or promote new research where available information is insufficient;(c)the need to develop arrangements for the effective management of biological ha

239、zards in the working environment,including new or emerging hazards,considering the need to establish preparedness and response measures to deal with accidents and emergencies related to biological hazards in the working environment,and also considering workers physical and mental health and general

240、well-being;(d)the impact of climate and environmental risks on occupational safety and health and the need to take adequate action to prevent or remedy identified risks;(e)relevant provisions of the Occupational Safety and Health Convention,1981(No.155),the Promotional Framework for Occupational Saf

241、ety and Health Convention,2006(No.187),and,as appropriate,other relevant international labour standards.Article 5 With a view to obtaining the best available information,each Member shall,in consultation with the most representative organizations of employers and workers,make arrangements,as appropr

242、iate,and in accordance with national law and practice,for exchanging information and coordinating action among relevant national authorities,including public health and occupational safety and health authorities,as well as scientific institutions and relevant international organizations.III.Preventi

243、ve and protective measures Article 6 Each Member shall,in accordance with national law and practice and in consultation with the most representative organizations of employers and workers,develop national guidelines for preventive and protective and,as appropriate,precautionary measures for the mana

244、gement of biological hazards in the working environment,based on the results of an evaluation of risks.These guidelines shall:(a)include preparedness and response measures to deal with accidents and emergencies related to biological hazards in the working environment,and shall take into account new

245、and emerging hazards and risks;(b)promote continuous improvement of the level of protection of workers exposed to biological hazards in the working environment.Article 7 1.Each Member shall provide timely information,and support to employers,workers and their representatives concerning preventive an

246、d protective and,as appropriate,precautionary measures for the management of biological hazards in the working environment,based on an evaluation of risk.28 Protection against biological hazards in the working environment Proposed texts 2.The information shall be provided in an accessible form and u

247、nderstandable language,and be periodically reviewed,and updated as necessary to reflect the latest scientific and technical knowledge.Article 8 Each Member shall,in consultation with the most representative organizations of employers and workers,develop,make public and regularly review national guid

248、ance and preventive and protective and,as appropriate,precautionary measures for:(a)sectors and occupations where workers are at a high risk of recognized harm due to exposure to biological hazards;(b)workers with certain conditions who may require special protection,taking into account the need to

249、ensure that such measures should not result in discrimination or contribute to occupational segregation.IV.Occupational health and occupational health services Article 9 In taking preventive and protective measures regarding biological hazards in the working environment,in accordance with national l

250、aw and practice,each Member shall seek to:(a)progressively extend occupational health services to all workers in all branches of economic activity,in particular in sectors and occupations where they are at a high risk of recognized harm due to exposure to biological hazards and workers with certain

251、conditions who may require special protection;(b)facilitate the coordination and efficient use of national health and labour infrastructure,expertise and resources for the provision of occupational health services to workers.V.Reporting,recording and notification of occupational accidents and occupa

252、tional diseases and collection of data Article 10 Each Member shall,in accordance with national conditions and practice and in consultation with the most representative organizations of employers and workers,establish,implement and regularly review procedures for:(a)the reporting,recording,notificat

253、ion and investigation of occupational accidents,occupational diseases and,as appropriate,dangerous occurrences,that are caused by exposure to biological hazards in the working environment;(b)the production and publication of annual statistics,disaggregated by sex,on occupational accidents,occupation

254、al diseases and,as appropriate,dangerous occurrences,that are caused by exposure to biological hazards in the working environment;(c)the holding of inquiries for cases of serious occupational accidents,occupational diseases or any other injuries to health that are caused by exposure to biological ha

255、zards in the working environment;Protection against biological hazards in the working environment Proposed texts 29 (d)the annual publication of information on measures taken under the national occupational safety and health policy that address exposure to biological hazards in the working environme

256、nt;(e)the determination of the appropriate duration for maintaining records on occupational diseases that are caused by exposure to biological hazards in the working environment,taking into account the latency periods of such diseases.Article 11 Each Member shall,in consultation with the most repres

257、entative organizations of employers and workers,and in accordance with national law and practice,relevant international standards and scientific developments:(a)periodically review the national lists of occupational diseases for the purposes of prevention,recording,notification and,if applicable,com

258、pensation;(b)update these lists as necessary to include any disease where a direct link between the exposure to biological hazards in the working environment and the disease is scientifically established,or determined by methods appropriate to national conditions and practice.VI.Employment injury be

259、nefits Article 12 Each Member shall ensure that any disease,injury or incapacity due to occupational exposure to biological hazards in the working environment shall give rise to an entitlement to employment injury benefits or compensation,in accordance with national law and practice.VII.Enforcement

260、of laws and regulations Article 13 Each Member shall ensure the enforcement of national laws and regulations concerning biological hazards in the working environment through an adequate and appropriate system of inspection and,where applicable,other mechanisms for ensuring compliance,including preve

261、ntive and supportive measures,and shall allocate adequate resources and support needed for these functions.Article 14 Each Member shall ensure that labour inspectors with duties related to biological hazards and risks in the working environment:(a)are trained on those hazards and risks and that,as a

262、ppropriate,other officials are also trained;(b)promote a systematic approach to occupational safety and health when assessing compliance with relevant national laws and regulations.Article 15 Each Member shall,in accordance with national law and practice,provide for adequate penalties for violations

263、 of the laws and regulations concerning biological hazards in the working environment.30 Protection against biological hazards in the working environment Proposed texts VIII.Duties and responsibilities of employers Article 16 Employers shall ensure that,so far as is reasonably practicable,the workin

264、g environments under their control are without risk to safety and health due to exposure to biological hazards by taking the appropriate and necessary preventive and protective measures.Article 17 Employers shall,consistent with national law and applicable collective agreements,adopt preventive and

265、protective measures as a result of an adequate risk assessment,ensuring,as appropriate,a gender-responsive perspective.In particular,they shall:(a)establish,in consultation with workers and their representatives,adequate and appropriate systems to conduct,review and,where necessary,update assessment

266、s of the risks to the safety and health of workers arising from biological hazards,taking due account of workers with certain conditions who may require special protection;(b)take all reasonable and practicable measures to eliminate the biological hazards in the working environment,or when not possi

267、ble,control and minimize the risks due to those hazards,taking due account of the hierarchy of controls;(c)implement effective preventive and protective measures,taking into account the characteristics and degree of concern of the biological hazards;(d)provide,maintain and replace,as necessary,at no

268、 cost to the workers,adequate personal protective equipment according to the hierarchy of controls together with training for its use;(e)conduct regular surveillance of the working environment and of workers health that is adequate and appropriate to the occupational risks;(f)supervise work processe

269、s and regularly review the effectiveness of preventive and control measures,including the availability of appropriate personal protective equipment;(g)take precautionary measures where the available information is insufficient to adequately assess the risks;(h)provide information,instructions and tr

270、aining on biological hazards in the working environment and on applicable preventive and protective measures to managers,supervisors,workers and workers representatives,at suitable and regular intervals,on paid work time and,where possible,during usual working hours;(i)ensure that all workers are su

271、itably informed,in an accessible form and understandable language,of the risks due to exposure to biological hazards and of the applicable preventive and protective measures before they start any tasks involving such risks,when there are changes in working methods,materials or the risk assessment ba

272、sed on new information and,as necessary,at regular intervals thereafter;(j)investigate occupational accidents,occupational diseases and,as appropriate,dangerous occurrences related to exposure to biological hazards in the working environment in order to identify their causes and take the necessary m

273、easures to prevent recurrence of similar events,in cooperation with occupational safety and health committees or workers representatives.Protection against biological hazards in the working environment Proposed texts 31 Article 18 Whenever two or more employers engage in activities simultaneously at

274、 one workplace,they shall collaborate on how to ensure workers safety and health in relation to exposure to biological hazards in the working environment,without prejudice to the responsibility of each employer for its workers.Article 19 Employers shall establish preparedness and response measures,a

275、ccording to the size and nature of their activities,to deal with accidents,incidents and emergencies related to biological hazards in the working environment,taking into account outbreaks of communicable diseases.These measures shall be consistent with the guidance provided by the competent authorit

276、ies.IX.Rights and duties of workers and their representatives Article 20 Workers and their representatives shall have the right to:(a)be consulted on the identification of hazards and risk assessments conducted by the employer or the competent authority;(b)receive information and training on biologi

277、cal hazards and risks in the working environment and on appropriate preventive and protective measures and their application;(c)be consulted on preventive and protective measures to protect themselves and other workers and be involved in their implementation;(d)enquire into and be consulted by the e

278、mployer on relevant aspects related to exposure to biological hazards in the working environment;(e)participate in investigations of occupational accidents,occupational diseases and,as appropriate,dangerous occurrences and be consulted about the conclusions of these investigations;(f)receive reports

279、 on health surveillance and medical examinations,subject to confidentiality rules for personal and medical data;(g)appeal to the competent authorities if they consider that the measures adopted and the means used are not sufficiently effective to ensure adequate protection;(h)be transferred to alter

280、native work,in accordance with national law and upon the recommendation of the occupational health services,when continued employment in a particular job is contraindicated for health reasons,provided that such work is available and that they have the qualifications or can be trained for such work;(

281、i)receive medical treatment and rehabilitation,in accordance with national law and practice,in the event of an illness,disease or injury caused or exacerbated by exposure to biological hazards;(j)be protected against any discrimination on account of contracting or transmitting a disease caused by ex

282、posure to biological hazards.32 Protection against biological hazards in the working environment Proposed texts Article 21 Workers shall be required to:(a)comply,in accordance with the instructions received,and the training and means provided by their employers,with occupational safety and health me

283、asures prescribed to themselves and others,including the proper handling and use of adequate personal protective equipment,facilities and other equipment made available to them for this purpose;(b)report promptly to their immediate supervisor any situation which they believe could present a biologic

284、al hazard or risk for their safety or health or for the safety or health of others;(c)cooperate with the employer and other workers to adequately identify and implement occupational safety and health measures addressing biological hazards in the working environment.Article 22 In addition to the righ

285、ts and duties set out above,workers:(a)shall have the right to remove themselves from a work situation without undue consequences,where they have reasonable justification to believe that there is an imminent and serious danger to their life or health;(b)shall report forthwith to their immediate supe

286、rvisor any situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health;(c)may not be required by their employer to return to a work situation where there is continuing imminent and serious danger to life or health until the employer h

287、as taken remedial action.X.Methods of application Article 23 Each Member shall give effect to the provisions of this Convention in consultation with the most representative organizations of employers and workers,through laws and regulations as well as through collective agreements or any other measu

288、res consistent with national conditions and practice.Proposed Recommendation concerning protection against biological hazards in the working environment The General Conference of the International Labour Organization,Having been convened in Geneva by the Governing Body of the International Labour Of

289、fice,and having met at its 113th Session on XX June 2025,Having decided upon the adoption of certain proposals with regard to protection against biological hazards in the working environment,which is the fourth item on the agenda of the session,and having determined that these proposals shall take t

290、he form of a Recommendation supplementing the Biological Hazards in the Working Environment Convention,2025,adopts this XX June 2025 the following Recommendation,which may be cited as the Biological Hazards in the Working Environment Recommendation,2025:Protection against biological hazards in the w

291、orking environment Proposed texts 33 1.The provisions of this Recommendation supplement those of the Biological Hazards in the Working Environment Convention,2025(“the Convention”),and should be applied in conjunction with them.I.Preventive and protective measures 2.Members should take measures,in a

292、ccordance with national law and practice,with a view to ensuring that those who design,manufacture,import,provide or transfer biological substances to which workers could be exposed in the course of their work:(a)satisfy themselves that,so far as is reasonably practicable,such substances do not enta

293、il dangers for the safety and health of those using them correctly;(b)make available information concerning the correct use and dangerous properties of such substances,including in the form of safety and health data sheets if such are available,as well as instructions on how known hazards are to be

294、avoided;(c)undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with clauses(a)and(b);(d)take due account of the United Nations Recommendations on the Transport of Dangerous Goods and the Basel Convention on the Control of Transbounda

295、ry Movements of Hazardous Wastes and Their Disposal.3.The preparedness and response arrangements to be established under the Convention for the effective management of emergencies related to biological hazards in the working environment should include:(a)the preparation or updating of regulations fo

296、r the management of such emergencies;(b)the establishment of early warning systems;(c)the establishment of measures to be taken in the working environment in the event of outbreaks,epidemics or pandemics;(d)the establishment of mechanisms of coordination and information with public health authoritie

297、s;(e)national and international collaboration on research;(f)provision for appropriate emergency human resources;(g)the effective operation of healthcare facilities and essential services;(h)material preparedness;(i)collaboration between relevant public health,water and waste,occupational health and

298、 veterinary health authorities,and other partners;(j)rapid public health response systems and real-time communication of expert advice to prepare for and manage outbreaks;(k)training of occupational health service providers on potential biological hazards,supported by clinical or laboratory-based su

299、rveillance.4.The sectors and occupations where workers are at a high risk of exposure to biological hazards and for which specific preventive and protective measures should be developed under the Convention should include:(a)the healthcare sector;34 Protection against biological hazards in the worki

300、ng environment Proposed texts (b)agricultural work,including in the animal,vegetable and grain sectors;(c)the waste sector;(d)cleaning and maintenance work;(e)humanitarian work;(f)laboratory work.5.The categories of workers with certain conditions that may require special protection should include:(

301、a)pregnant and breastfeeding women;(b)young workers;(c)older workers;(d)workers with disabilities;(e)workers medically predisposed to infections or allergies,including immunocompromised workers;(f)workers in need of protection due to their social situation and multiple disadvantages.6.When developin

302、g measures and guidance for the management of occupational safety and health regarding biological hazards in the working environment,Members should take due account of relevant internationally agreed technical and practical guidance developed by the International Labour Organization and other compet

303、ent organizations and promote a management systems approach to occupational safety and health,such as the approach set out in the Guidelines on occupational safety and health management systems(ILO-OSH 2001).7.Recognizing that many biological hazards create cross-border risks,Members should encourag

304、e both national and multinational employers to provide adequate occupational health and safety conditions and contribute to a preventive occupational health culture to eliminate or minimize these risks.II.Recording of occupational diseases 8.In determining the appropriate duration for maintaining re

305、cords on occupational diseases as required by the Convention,Members should,in accordance with national law and practice,take account of the latency periods of occupational diseases.III.Employment injury benefits 9.In applying the provisions of the Convention concerning employment injury benefits,Me

306、mbers should take due account of the Employment Injury Benefits Convention,1964 Schedule I amended in 1980(No.121),the Employment Injury Benefits Recommendation,1964(No.121),and the List of Occupational Diseases Recommendation,2002(No.194).10.Members should endeavour to provide access to income prot

307、ection during periods of isolation or quarantine.11.Members should endeavour to provide,as appropriate,protection from dismissal if,while complying with monitoring,travel restrictions,quarantine,or isolation orders,or for related preventive or curative treatments,workers have to be absent from work.

308、Protection against biological hazards in the working environment Proposed texts 35 IV.Enforcement of laws and regulations 12.The system of inspection provided for in the Convention should be guided by the provisions of the Labour Inspection Convention,1947(No.81),and the Labour Inspection(Agricultur

309、e)Convention,1969(No.129),without prejudice to the obligations thereunder of Members which have ratified these instruments.13.In assessing compliance with national laws and regulations concerning biological hazards in the working environment,labour inspectors should promote a management systems appr

310、oach to occupational safety and health.V.Duties and responsibilities of employers 14.In taking the preventive and protective measures that are their responsibility pursuant to the Convention,employers should take due account of relevant instruments,codes and guidelines,including the Occupational Saf

311、ety and Health Recommendation,1981(No.164),the Promotional Framework for Occupational Safety and Health Recommendation,2006(No.197),the Guidelines on occupational safety and health management systems(ILO-OSH 2001),the Technical guidelines on biological hazards in the working environment and other re

312、levant subsequent guidance adopted by the International Labour Organization.15.In applying the hierarchy of controls referred to in the Convention,employers should take into account the Technical guidelines on biological hazards in the working environment and other relevant subsequent guidance adopt

313、ed by the International Labour Organization.16.These preparedness and response arrangements should include:(a)the preparation or updating of workplace policies and guidelines on the management of emergencies related to biological hazards,taking into account possible public health impacts;(b)the prov

314、ision of appropriate and adequate preventive measures,in accordance with national law and practice and on the basis of a risk assessment,which could include immunization,chemoprophylaxis and testing to all workers free of charge and on a voluntary basis.VI.Final provision 17.This Recommendation supersedes the Anthrax Prevention Recommendation,1919(No.3).