Occupational health protection for self-employed personnel varies greatly across the world, as there is no global standard for such protection. In some countries, self-employed individuals are covered under the same occupational health and safety laws as employees, while in others, they are not covered at all. This lack of uniformity can make it difficult for self-employed individuals to access the resources and protections they need to maintain their health and safety at work.
In the European Union, self-employed individuals are covered under the Occupational Health and Safety Framework Directive, which requires employers to identify and assess occupational health and safety risks, provide information and training to workers, and take steps to prevent workplace accidents and illnesses (European Commission, 1989). However, enforcement of these protections can vary across member states, and self-employed individuals may not always be aware of their rights under the directive.
In the United States, self-employed workers are generally not covered under federal occupational health and safety laws, such as the Occupational Safety and Health Act (OSHA) of 1970 (OSHA, 2021). However, some states have extended OSHA protections to self-employed individuals or have their own occupational health and safety laws that cover self-employed workers (National Institute for Occupational Safety and Health, 2019).
In Malaysia, the Self-Employment Social Security Act was introduced in 2017 to provide social security protection to self-employed individuals such as freelancers, gig workers, and taxi drivers (Government of Malaysia, 2017). The act established the Self-Employment Social Security Fund (SESSF), which provides benefits such as medical and dental care, disability pensions, and funeral benefits to eligible self-employed individuals. The SESSF is managed by PERKESO, the national social security organization in Malaysia.
The lack of occupational health and safety protections for self-employed individuals can have significant implications for their health and wellbeing. Research has shown that self-employed workers are at higher risk of occupational injuries and illnesses than employees (McKay et al., 2020). This is due in part to the fact that self-employed workers may not have access to the same resources and protections as employees, such as training and education, protective equipment, and health services.
A study conducted by the European Agency for Safety and Health at Work found that self-employed individuals are less likely than employees to have access to occupational health and safety training and to receive information on workplace hazards (European Agency for Safety and Health at Work, 2018). This can lead to a lack of awareness of the risks associated with their work and a failure to take appropriate precautions to protect their health and safety.
In addition to the direct impact on the health and wellbeing of self-employed individuals, the lack of occupational health protections can also have wider economic implications. Occupational injuries and illnesses can result in lost productivity and increased healthcare costs, which can have a negative impact on the economy as a whole (LaMontagne et al., 2017).
According to the International Labour Organization (ILO), around 61 percent of the world's workforce is self-employed or engaged in informal work. This means that a significant portion of the global workforce may not be covered by occupational health protections (ILO, 2021). The ILO recommends that self-employed workers should have access to the same occupational health and safety protections as employees, and there are examples of countries such as Malaysia and the European Union that have implemented such protections. By providing self-employed workers with the resources and protections they need to maintain their health and safety at work, we can help to ensure a healthier and more productive workforce.
References:
European Commission. (1989). Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Retrieved from https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31989L0391
Government of Malaysia. (2017). Self-Employment Social Security Act 2017. Retrieved from https://www.perkeso.gov.my/en/self-employment-social-security-act-2017
International Labour Organization. (2021). Informal economy. Retrieved from https://www.ilo.org/global/topics/informal-economy/lang--en/index.htm
LaMontagne, A. D., Keegel, T., Louie, A. M., Ostry, A., & Landsbergis, P. A. (2017). A systematic review of the job-stress intervention evaluation literature, 1990-2005. International Journal of Occupational and Environmental Health, 13(3), 268-280.
McKay, S., Schmid, G., & Goudswaard, A. (2020). Occupational health and safety of self-employed workers. In A. Deiters, M. Kümmerling, M. Frommhold, & M. Habscheid (Eds.), Self-employment in times of crisis (pp. 55-67). Springer.
National Institute for Occupational Safety and Health. (2019). Self-employed workers. Retrieved from https://www.cdc.gov/niosh/topics/selfemployed/default.html
Occupational Safety and Health Administration. (2021). Frequently asked questions. Retrieved from https://www.osha.gov/faqs/general#q5
European Agency for Safety and Health at Work. (2018). OSH in figures: Occupational safety and health in the transport sector — An overview. Retrieved from https://osha.europa.eu/en/publications/reports/osh-figures-occupational-safety-and-health-transport-sector-overview/view
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