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INTERNATIONAL WORKERS' MEMORIAL DAY 2006

Interview with Elizabeth Tang, Chief Executive of the Hong Kong Confederation of Trade Unions.

What is the current situation of occupation health and safety in Hong Kong?

The situation in Hong Kong is not as black and white as the government likes to make out. For example although we recently we have seen a decrease in government figures for fatalities in construction – a decrease which the government has been very keen to highlight - they fail to also point out that in fact the amount of construction work in Hong Kong has also decreased correspondingly.

On the other hand there are an increasing number of people with occupational diseases, especially in the service sector, for example healthcare workers and shop assistants. These people generally have extremely long working hours and often have to undertake physically arduous tasks or stand all day long. For shop workers, most work ten hours a day six days a week with few rest periods.

What is being done for these people?

A lot of the new cases are women, employed in shops and in care-homes or as nursing staff. The type of work they do is often regarded as “light work” and has not received any attention in terms of the physical burden it can place on an employee – such as the lifting of patients or continual standing. For this reason it is not seen as an industry with any degree of potential OSH problems. Trade Unions should start to take this issue seriously in order for there to be any changes. Unions should target the issue to give support to these workers and ensure adequate provisions are in place for better prevention and at the same time it is also a way of developing union organizing among these types of workers.

What is the related situation of women workers in unions in Hong Kong?

Surprisingly, in terms of numbers, women make up about 50 percent of the total union membership. However they are not represented at the leadership level. This helps to explain why the problems facing female workers employed in the service industry has long been ignored.

What about female migrant domestic helpers who also undertake similar care work and “light household duties”?

The work they do is usually not seen as very challenging and not likely to result in any form of injury. This is not the case however for many. They face the same problem as other workers in a similar position in terms of trying to get their injuries recognized as occupational related (migrant workers are covered by the same laws as domestic workers) but with the added hurdles of language problems and an unfamiliarity with the law and with social services. Many are reliant on their employees for help and have little contact with other workers.

What are the main things that the Hong Kong government can do to help improve the situation?

The most important thing is for the government to recognize these types of injuries and cases as occupational related injuries. At the moment many of these people suffering from back pain due to heavy lifting – for example care workers – are simply not recognized as having contracted an occupational illness. Instead it is seen as a personal problem facing those individual workers.  Contrast this to the reaction when talking about injuries incurred by construction workers which are automatically classed as industrial injuries. 

The government does not currently list back pain as an occupational related injury although other body parts pain is recognized – such as elbow or finger joint pain due to RSI etc. This means that sufferers who have contracted back injuries because of their work are not covered under the compensation scheme and most simply have to pay for treatment themselves.  If you are lucky you hurt your knee – unlucky and you hurt your back – there is a big financial and legal difference. We would like to see the government expand its definitions and for the trade union movement to support this by raising awareness.

Trade Union organizers should begin to develop a new and more holistic awareness and perspective on occupational health and safety and realize that the problem exists in a far wider setting than they may previously have imagined.

What about workers at the newly opened Disneyworld. There are reports that some workers have been complaining to the Disney union of long hours and other issues?

Recently the HKCTU has received information on over ten cases of workers at Disney complaining of occupational related injuries. The majority work as Disney characters – such as Mickey Mouse and so on. They were initially chosen because of their small size and agility. Most of the day they are very active and have to wear heavy costumes – and in Hong Kong these are very hot indeed. The average working hour is over ten hours a day. Ten cases of confirmed injuries – predominately back pain have been collected – however because the definition of occupational injury does not include back pain these have not yet been recognized as occupational injuries. The workers involved have, though the local Disney Union, brought the cases to the management of Disney and we are awaiting an answer. So far they have been vague – but legally as the injuries are not classified as occupational, in fact Disney has no legal responsibility. It may choose to offer compensation but it’s totally dependant on the largess of the management.

What about the situation in general?

In general, the laws in Hong Kong are alright but the problem comes in attempting to win a  case. The legal procedures are incredibly long and exhausting – especially difficult for ill workers or the bereaved families of workers. Because of recent budget cuts it is now much harder to get legal aid. In fact now it is hard to get 100 percent coverage and people usually have to pay half or a quarter of legal costs if they are awarded legal aid. This is discouraging as in many cases 25 percent of costs can easily be some 30,000 – 50,000 HKD.

What main comparisons or lessons can be made between mainland China and the Hong Kong SAR?

In Hong Kong there is adequate legal protection for workers and if they do decide to take up a claim they do not have to fear revenge or being blacklisted or losing their job or their homes after or during a long lawsuit. In China this is not the case. China needs better laws but although the legal framework is important to develop good OSH practice it is not the most crucial as implementation is key.

The most important difference and the vital component for reform is the fact that in Hong Kong we have a vibrant and independent trade union movement which can represent workers in these types of cases – supporting, encouraging and advising them. This is more useful than any legal framework and is vital to the actual implementation of OSH. The law is good but you need the trade unions to get the law enforced otherwise who will - not the employers?

IHLO
27 April 2006

[Any errors in editing are IHLO]