New Standard on Biohazards Negotiated at the ILC

Left to Right: Fabio Moraes, Head of North America Occupational Health & Industrial Hygiene, Bayer; Maria Isabel Maya Rubio, Spain Employers; Jose Arroyo, USCIB Policy Manager; and Stefanie Evans-Cypher, Senior Associate General Counsel, Walmart.

This year, the International Labour Conference (ILC), the international labor parliament that convenes business, unions, and governments from ILO Member States, completed the first negotiation on a new international labor standard on protections against biological hazards in the working environment, which will likely be a legally binding Convention, supplemented by a Recommendation. USCIB, as the sole US employer representative, played a key role in shaping the discussions in Geneva.   

The US Employers’ delegation was instrumental in the first year of a two-year negotiation for the new standard-setting. US companies such as Amazon, Bayer, Littler and Walmart, led by USCIB Policy Manager Jose Arroyo, provided substantive analysis and encouraged a strategic approach throughout the negotiations. We prevented the inclusion of language that would have burdened US businesses’ operations worldwide.  

“We have a lot of work to do for next year, but I feel confident that we – employers – established some clear lines of what could be included in the potential convention and what could not,” said Arroyo.  

However, while the spirit of constructive work and consensus-building was present during the sessions, the negotiations with workers’ representatives and governments were challenging. There are important and concerning topics for employers to consider for next year, especially related to the definitions and scope of biological hazards, as well as the necessary distinction between public health national policies and occupational safety and health standards. 

The text remains complex for companies and employers and the outcome will likely be an overly prescriptive legally binding convention, potentially complicating its ratification by Member States. In the face of these challenges, USCIB will continue to advocate for an implementable convention to ensure a clearer distinction between the responsibilities of public health authorities compared to those of employers. 

 

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