SECTION 9: ASPECTS OF OCCUPATIONAL HEALTH AND SAFETY LEGISLATION THAT IMPACTS ON THE HEALTH AND SAFETY OF WOMEN AT WORK - The Basic Conditions of Employment Act
|
| MODULE 7: PSYCHOSOCIAL ISSUES AND OTHER MISCELLANEOUS
TOPICS IN OCCUPATIONAL AND ENVIRONMENTAL HEALTH SECTION 9: ASPECTS OF OCCUPATIONAL HEALTH AND SAFETY LEGISLATION THAT IMPACTS ON THE HEALTH AND SAFETY OF WOMEN AT WORK - The Basic Conditions of Employment Act |
 |
 |
 |
 |
The Constitution protects the right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction [section 12(2)] and gives every person the right to health services, including reproductive health care [section 27(l)(a)].
Many women workers have anxiously awaited this Act in the hope that it will overcome some of the problems of gender discrimination in the workplace. The Act gives greater protection to seasonal and temporary workers in agriculture as they are now entitled to employment related benefits such as sick pay and holiday pay on a pro rata basis.
Section 26 deals with maternity leave and states that pregnant women must be able to retain their jobs for up to 4 months of maternity leave. This is an important right since the Act now makes provision for job security during maternity leave. In the past women often lost their jobs as a result of pregnancy. Of great importance for the psychosocial and physical health is the provision that a women who bears a still-born child may remain on maternity leave for six weeks after the still birth. This can be for a longer period if a medical practitioner certifies it necessary for her health and safety. Still-born in this context includes a miscarriage during the third trimester of pregnancy. An unresolved problem however, is that medical practitioners are not trained to be familiar with occupational health and safety regulations and mostly do not know the rights of women workers under their care. Consequently women missed out on this right unless they themselves or their trade union is familiar with the requirement.
There is no requirement for employers to pay women workers during maternity leave. Given the fact that women generally earn low salaries and that unemployment insurance only provides 45% of "normal" salary, the majority of women are forced by economic circumstances to return to work well before the regulated period is over. There is the risk of greater exposure to chemical and other hazards for both the woman and her unborn baby during this time.
The right to maternity leave under the law without adequate economic security being regulated or ensured for the period makes this right virtually meaningless from a preventive (primary health care) approach to health and safety. The use of UIF as maternity leave payment further discriminates against women who may become unemployed following a pregnancy.
Section 27 states that pregnant night-workers must be given day work for the duration of their pregnancy and for 6 months after the birth of the baby. Pregnant workers are also entitled to alternative work should their work be dangerous to themselves or their unborn baby. This can extend for a period of six months after the birth of the baby.
Section 27 therefore makes it possible for women to seriously plan for a six month period of breastfeeding and the possibility of placement in a suitable work environment. Breast feeding is a sound investment in the health of future generations. Employers operating at night must employ a permanent day shift to accommodate those whose health is adversely affected by night work, to ensure reasonable practicability. The importance of the availability of child-care facilities to exercise this right cannot be over-emphasized.
This Code was gazetted in December 1998 in terms of section 87(l)(b) of the Basic Conditions of Employment Act (BCEA) 75 of 1997. It is intended to guide all employers and employees concerning the application of section 26(l) of the BCEA which prohibits employers from requiring or permitting pregnant or breast-feeding employees to perform work that is hazardous to the health of the employee or that of her child. The Code therefore extends very important occupational health and safety rights to women which include the provision for reproductive risk assessment at work, assessment of the role of health services, rest periods as well as breast-feeding time.
The Code sets out:
