Protecting workers around the globe: expert trends

Businesses around the world are tasked with keeping their employees safe at work. To ensure fair working hours and pay, non-discriminating treatment for women, pregnant employees, or disabled workers, and protection from chemical exposure, several regions have implemented regulations to protect workers. In this article, Enhesa experts outline the latest policies in Europe, Asia Pacific, and the United States.  
 
In our 2024 mid-year forecaster webinar, experts Beatriz García Fernández-Viagas, Yangyang Geng, Lauren Payne, and Arnas Acas highlighted emerging regulations to protect workers in multiple jurisdictions. Mitigating risks at work remains a priority for many countries, with primary focuses on fair treatment of remote versus onsite employees, pregnant workers, and protecting people from dangerous chemicals.

Protection of workers in the EU 

EU Regional Expert Beatriz García Fernández-Viagas discussed the latest regulations in Europe aimed at protecting workers from dangerous chemicals, female workers from sexual harassment, and remote workers from health and safety risks and unfair working conditions.
 

Carcinogens and Mutagens Directive 

This Directive has been recently amended twice and stands as one of the primary legal tools to protect workers from exposure to hazardous chemicals in the EU.
 

The first amendment  

Though adopted two years ago, Directive (EU) 2022/431 is only now finalizing its transposition by all EU Member States. This amending directive assures the following: 

• Extends its scope — to include reprotoxic substances; chemicals which can damage the reproductive process, sexual function, and fertility. For example: carbon monoxide, lead, glycol ethers, and certain phthalates 

• New OELs — sets out a lower occupational exposure limit (OEL) for benzene and 14 additional chemicals, such as mercury, bisphenol A, and nickel compounds
   

The second amendment

Adopted in 2024, the Directive (EU) 2024/869 covers facilities where workers are exposed, or likely to be exposed, to lead and its inorganic compounds and diisocyanates. It includes the following additions: 

• New OEL and STEL — a first-time establishment, this amendment mandates an occupational exposure limit and short-term exposure limit (STEL) for diisocyanates 

• Stricter OEL and BVL for lead — it also reduces the binding OEL and binding biological limit value (BVL) for lead 

These must be implemented by 9 April 2026 in all Member States.
 

Directive on combating violence against women

Another new development in the EU is a Directive targeted at preventing violence against women, including sexual harassment in the workplace.  

From 14 June 2027, all Member States must transpose this Directive and EU companies will be held accountable to do the following: 

• Train their staff on recognizing, preventing, and addressing sexual harassment at work 

• Inform their staff on the effects of violence against women, domestic violence at work, and the risk of third-party violence 

Victims of sexual harassment at work, as well as their employers, will be able to access counselling, information on addressing such cases, and potential solutions to remove the offender. Further, the Directive defines criminal offences and their penalties, such as cyber stalking and cyber harassment carried out in the workplace.
 

Teleworkers’ protection and right to disconnect

A first-phase consultation has been launched by the European Commission, proposing the possibility of binding legislation to recognize workers’ right to disconnect. The first of its kind in the EU, this would establish minimum requirements to protect teleworkers’ health and safety, and ensure all employees (remote and onsite) benefit from the same rights.  

The right to disconnect is only currently regulated in 11 Member States, including Spain, Germany, and France. If this is adopted, it would unify the existing divergence between Member States. 

These measures exhibit how the EU is prioritizing occupational health and safety by regulating exposure to potentially harmful chemicals and trying to mitigate the risk of violence against women in the workplace. The proposed right to disconnect in the EU would align the working conditions for remote and onsite employees, ensuring teleworkers are treated fairly regardless of their working location.  

Protection of workers in Asia Pacific 

Regional Expert, Yangyang Geng, detailed the latest regulations emerging in Australia and Bangladesh.
 

Australia

Australia aims to improve the mental health of all employees by offering further freedom and lowering expectations to work outside of contracted hours. 
 

Fair Work Legislation Amendment Act 2024

The Fair Work Legislation Amendment Act 2024 will mandate that companies respect their employees’ right to disconnect, from 26 August 2024. Under this legislation, employers will be able to refuse to monitor, read, or respond to contact attempts outside of their working hours — unless the employee’s refusal is unreasonable.  

Whether a refusal is considered unreasonable will depend on: 

• The reason for the contact 

• The level of disruption 

• The compensation the employee receives for additional work hours 

• The employee’s role, responsibilities, and circumstances 

Disputes on whether or not an employee’s refusal is unreasonable can be heard by the Fair Work Commission, if workplace level discussions don’t resolve the dispute.
 

Bangladesh

Bangladesh is currently focusing on fair treatment of female workers in the proposed amendments to the Bangladesh Labour Act 2006. 

Proposed amendments to Bangladesh Labour Act 2006

Following a proposal released in February 2024, the Bangladesh Labour Act 2006 would be amended to include the following requirements: 

• Postpartum work restriction — companies would have to ensure pregnant workers aren’t working until 60 days after childbirth, an increase from the previous 56 days 

• Dignity protection — employers would also have to ensure that female workers aren’t subjected to any treatment violating decency, dignity, or involving gender-based violence or harassment 

• Autonomy upheld — if adopted, the Act would also mandate that no worker can be compelled into any facility section without explicit consent, prohibiting forced labor 

Yangyang Geng highlighted that the social culture and development history of a country in the Asia Pacific region needs to be taken into account where legislation on worker protection is under consideration. Different regions mandate varying levels of protection for workers, but the regulatory developments above exemplify Asia Pacific’s efforts on promoting positive experiences for employees.  

Protection of workers in the US

Senior EHS Regulatory Consultant, Lauren Payne, shared the similar trends appearing in the United States, from both a federal and state level, focusing primarily on the safety of workers.
 

State-level exposure limits

Several states are implementing their own requirements for companies to further ensure workplace health and safety.
 

Asbestos

In Ohio and Montana, regulatory authorities have proposed the adoption of federal regulations and test methods to mitigate the exposure to asbestos. The Ohio proposal, for example, would apply to companies that own or operate sources of asbestos emissions or are engaged in asbestos hazard abatement. Similarly, Montana has adopted the NIOSH Manual of Analytical Methods from 2017, instead of the 1994 version, to align with federal regulations on asbestos fibers.
 

Flu, RSV, and Covid

Elsewhere in the US, states are updating their respiratory illness requirements for the flu, RSV, and coronavirus.  

Washington has updated their state guidance on caring for someone with the flu, coronavirus, RSV, or other respiratory viruses, adopting recent updates from the US Centers for Disease Control (CDC). Further, they include information on preventing the spread of respiratory illnesses, protecting those with a weaker immune system, and identifying others at high risk.
 

Heat-illness protection 

Illnesses or injuries caused as a result of heat are a common issue monitored by OSHA, and it’s a topic that’s currently evoking proposed regulations across several US states.  

California, Arizona, Wisconsin, and New York have all proposed heat regulations for indoor exposure, beyond the restrictions for outdoor temperatures. For example, companies in California with employees exposed to indoor heat would be required to create a heat illness prevention plan.  

Further, all four states emphasize the importance of access to water, air conditioning, and training for employees to identify heat stress. Each state has a different limit on what they consider to be “high heat environments”: 

• Arizona = 90 degrees Fahrenheit 

• California = 82 degrees Fahrenheit  

• New York = 80 degrees Fahrenheit 

• Wisconsin = 80 degrees Fahrenheit 

Protecting pregnant, disabled, and young workers

The federal government has placed large emphasis on protecting different classifications of workers, namely pregnant employees.
 

Pregnant Workers Fairness Act (PWFA)

Recently passed and going into effect on 18 June 2024, the Pregnant Workers Fairness Act mandates that companies with 15 or more employees must provide reasonable accommodations to workers who experience limitations related to, affected by, or arising from pregnancy, childbirth, or related medical conditions.  

The Act clarifies the scope of these accommodations and provides employers with guidance to meeting this regulation. This doesn’t apply if the requested accommodations would result in “undue hardship.”  

Similar proposals are under consideration in New York and New Jersey, focusing on permitting private rooms and sinks for lactating employees.
 

Amended working hours for young people

States including Alabama, Florida, Iowa, and Nebraska are shifting their focus to child labor laws. Florida and Iowa are in the process of amending the number of hours 16-year-olds can work, while Iowa has recently adopted a change which requires companies to provide PPE and keep records of 14 and 15-year-olds using cleaning products.
 

Workers with disabilities

In New Jersey, companies would have to post signage for toilets which are solely for use by persons with disabilities. In New York, companies that own or operate high-rise facilities may be required to create emergency plans for people with disabilities.  

Our Enhesa expert summarizes that there’s conspicuous efforts by several US states to alleviate difficulties for pregnant, young, and disabled workers. Much like Europe and Asia Pacific, the focus is on ensuring employees receive the best comforts possible in the workplace, to which they’re owed by law.  

Global responsibility to protect employees in the workplace

As detailed by our experts, trends in occupational health and safety are driving new and amended regulations concentrating on pregnant workers, sexual harassment, right to disconnect, and mitigating the potential harm of hazardous chemical exposure.  

Senior Team Lead, Arnas Acas, exhibited how Enhesa tools like Regulatory Forecaster and Compliance Intelligence can help businesses stay ahead of these emerging legislations, by filtering regulatory developments by topic. In a landscape that’s regulated differently by region and country, businesses can ensure they’re receiving relevant data and alerts for developments in their sector, wherever their facilities may be.