Simin Rouzgar

The legal responsibilities of government officials regarding the safety of workers have been outlined in Chapter Four of the Labor Law (Articles 85 to 106) under the title “Technical Protection and Occupational Health”. According to this chapter of the Labor Law, the General Inspection Office of the Ministry of Labor is responsible for monitoring the proper implementation of labor laws and relevant guidelines for technical protection. However, to what extent are these inspections actually carried out? And why, especially in recent years, do we continue to witness an increase in work-related fatalities? Considering the lack of job security, to what extent can workers themselves demand inspections from the Ministry of Labor inspectors for the safety of their workplaces or other work environments? In the event of work-related accidents and disabilities, how can workers, especially those not covered by social security insurance, cover their medical expenses and provide for their livelihood?

These are some of the questions that we have asked Kazem Farajollahi, an independent trade activist…

Dear Mr. Farajollahi, what are the most important factors that can be considered as the main cause of work-related accidents?

There are different reasons for this. It is better to say that we have two types of work incidents: the first is incidents that occur in project work and specific tasks; such as executing industrial, civil, or repair projects. The second type is related to incidents that occur in the process of regular work; such as incidents that occur in the process of work in industrial factories.

The factors that can contribute to the occurrence or exacerbation of these events can be summarized in six cases:

1- Unsafe work environment or workshop: The lack of safety in the workplace, especially in construction sites or industrial projects that are in the construction phase, is one of these factors. The presence of holes or the possibility of collapse or slipping in the work environment, the release of gas and the occurrence of explosion or the risk of electrocution, all require necessary equipment and precautions that are often overlooked.

2- Lack or absence of necessary equipment: Necessary safety equipment in the workplace includes both workshop equipment that must be present in the workshop itself, as well as personal equipment that must be available to the worker performing a difficult and hazardous task.

3- Lack of supervision for the use of safety equipment in workshops: We witness that in some workshops, safety equipment is available but not used. This means that if there is enough supervision, these equipment will be used and not just for decoration.

4- Lack of training and use of unskilled labor: Failure to train workers on safety issues and safe work practices, and the use of unskilled or untrained workers in a particular field, are other factors contributing to accidents. In many incidents involving explosions or welding, we are faced with such a phenomenon where the worker essentially does not know what to do.

5- Unusual speed in work: In many cases, the employer increases the speed of work in an unusual and unscientific way for the sake of profit and accumulation of more profits, which can also be another important factor.

6- Stress: Creating stress in the workplace, for any reason, is one of the important factors that increases occupational accidents.

All of these issues and matters come down to the fact that the employer or officials of that workshop are seeking to save money or, in their own words, reduce costs or accumulate more profit.

According to statistics, we have witnessed an increase in worker casualties in recent years; what is your assessment of the reason for this?

In recent years, we have faced various reasons, especially in the industrial field, for a decrease in economic productivity or, as employers put it, industrial production is no longer profitable. But imagine a workshop that has recently been established or has been in operation for some time; according to their own interpretation, the shortest wall or the cheapest and untrained labor force is used to reduce production costs. In the next stage, reducing safety facilities and equipment is also considered. All of these issues go back to the greed of the employer, whose only motivation is to make more profit. This is while in many industrial workshops – both in the world and in Iran – when there is sufficient equipment and training and skilled workers are hired, even difficult and dangerous tasks can be performed and the rate of accidents and occupational fatalities is very low. The next issue, as I mentioned in the previous question, is the presence of stress and an increase in speed in all fields and tasks; when they insist on speed unilaterally

The Ministry of Labor oversees employers in order to improve health and safety in work environments, but why are these oversight measures not being properly implemented and enforced?

Generally, in any workshop that visibly has more than five or ten workers, especially in industrial workshops, there should be a health committee for the work environment. This committee, according to the law, should be under the supervision of the Ministry of Labor and provide regular reports. In addition to these committees, spot inspections and planned inspections should be carried out by the safety department of the Ministry of Labor or the labor offices of the counties. Many of these inspections are either not carried out or are done in a superficial manner. In these inspections, we can say that we are faced with both laziness and inefficiency in the administrative system of the Ministry of Labor or labor offices, as well as the disease of corruption that is prevalent in Iran. When an inspector from the labor office comes, they usually just sit in the employer’s office, exchange pleasantries, and pay less attention to the workshop and issues related to workplace safety and health. Of course, I do not mean to say that all inspectors

Some officials have raised the issue that we are facing limitations in recruiting personnel in the government sector and the number of inspectors is low or they are elderly. How acceptable do you think these justifications are?

These justifications are not acceptable at all. Part of the reason for the shortage of efficient inspectors is due to the illness of the government system and our government’s overall policy, which, due to financial savings and budget shortages, does not attract enough manpower or allow for the employment of new workers. However, I still believe that the issue of resource allocation is being raised here, and where reductions in manpower should be applied; should it be in the administrative sector, which has less efficiency, or in a place where serious risks are posed to human resources? In fact, the reduction of manpower should not necessarily occur in the inspection sector, which is related to the work environment.

Mr. Farajollahi, in terms of not valuing the preservation of human resources, can we consider this issue as an example of underdevelopment in our country?

Yes, it can be said that our country is underdeveloped. One of the conditions for development and sustainable development is the presence and preservation of human resources. When we do not consider the cost of workplace safety and health, which is directly related to human resources, we either lose or render useless the specialized workforce that the country has invested in. This means that we are losing our human capital, and the consequences for families are left behind.

As a result, I believe that human resources are one of the key factors in sustainable development, even according to neoliberal definitions. This misguided and shortsighted view is held by some employers or certain members of our government system, who think that in order to save costs and increase efficiency, it is possible to neglect or cut back on the expenses related to safety and health.

Moreover, it should be noted that in a developed society, there are numerous civil institutions. Trade unions and employee organizations, in addition to all the areas in which they strive to defend their professional interests, are also active in relation to workplace health and safety. When we do not have strong trade unions, there will be no place for the implementation or advancement of policies that lead to workplace health and safety.

On the other hand, the issue is that we are not only an underdeveloped country, but also a crisis-stricken country where unemployment is rampant. We witness that even our educated workers, despite being aware of safety issues and knowing that they must adhere to them to protect their lives, are forced to put themselves in unsafe conditions out of fear of unemployment or to secure a job. This, in turn, increases the number of work-related accidents.

In fact, it is better to also relate a part of this issue to the crisis that neoliberalism has caused in our country in the past forty years.

According to current laws, how can a worker follow up on obtaining their medical expenses from their employer, the social security organization, or other institutions in case of an accident or disability?

This is a very important question. When a work-related accident occurs, the employer is obligated to take the injured worker to the nearest medical center and cover the costs of their treatment. However, in many cases, we are faced with the phenomenon that the employer takes the injured worker to the hospital, pays for the initial costs, and then releases them. Of course, social security medical centers must provide all necessary medical services for the injured worker, who may have physical injuries that may only be partially covered by the treatment costs and some may be left for them to pay. However, the problem is that these medical centers do not exist everywhere and are not easily accessible, they are very busy, and many of them do not provide all the necessary services. As a result, the injured worker must go to private medical centers and incur additional costs, which neither the employer nor the worker can afford. On the other hand, since the employer no longer pays the worker’s wages, the social security organization is obligated

Furthermore, if a worker becomes disabled due to a work-related injury, according to the opinion of an expert, determined by the Medical Commission, based on the percentage and severity of the injury, they can claim compensation. Therefore, if the worker is completely unable to work, they will receive full compensation for their inability to work, and if they have only suffered a disability, they will receive a fine. For example, we have seen cases where a person’s finger or fingers have been severed during work and the Social Security Organization pays them a monthly amount as compensation.

All of these issues are related to worker awareness and follow-ups. Many of our workers are not aware of these matters and may only become aware of them long after the incident has occurred, when it is no longer legally possible to pursue the issue.

If a worker is not insured and an accident happens, what is their situation?

When a work accident occurs, it is necessary for the worker, colleagues, or their relatives to report the incident to the labor office and the Social Security Organization (within one week for the Social Security Organization and two weeks for the labor office). When such a report is made, subsequent legal proceedings are easier to follow. However, in many cases, employers deliberately or unintentionally do not report the incident, especially in construction sites outside the city.

Now, if a worker is not covered by insurance, their relatives are still obligated to not pay attention to the promises and threats of employers after an accident, and to file a complaint with a legal authority at the first opportunity and demand compensation.

Currently, many workshops seem to be covered by specific types of insurance, one of which is civil liability insurance. This insurance pays compensation to workers who suffer from a disability, but in order to receive this compensation, confirmation from the necessary judicial authority is required. For this, as I mentioned, the worker involved in the accident or their relatives must file a complaint with the nearest judicial authority in that area and demand compensation from the employer. I emphasize that this is very, very important.

If a worker, due to the employer’s unfulfilled promises or their own ignorance, misses the opportunity to submit a report within one or two weeks, what is the responsibility?

Once again, they must go to the labor office and the Social Security Organization whenever they become aware of this issue and report that an incident has occurred on this date. They are obligated to send an inspector to the workplace in any case. However, over time, it is possible that the documents and evidence that the labor office inspector can use to prepare a report and make a correct diagnosis may not exist. But in any case, they should not refrain from complaining.

The civil liability insurance that you mentioned, to what extent does it benefit the workers? Some believe that such insurance causes the employer to give less importance to providing safety equipment for workers and essentially absolve themselves of responsibility…

Usually insurance companies, before signing a contract, come and visit the workshop and in fact oblige the employer to have necessary equipment on site to insure it. This means that if the equipment is not available, the company will refrain from insuring it. It is possible that disputes may arise and the employer may refrain from providing equipment or measures related to workplace safety, based on the fact that I am covered by liability insurance. This is something that is somewhat unavoidable, but in any case, the benefits of such insurance for workers outweigh the disadvantages.

The factor that forces the employer to provide or not to provide equipment is related to supervision that may exist; supervision that can be carried out by both labor inspectors, social security inspectors, and labor organizations.

Currently, given the shortage and even absence of independent labor unions, how logical is it to expect the pursuit that you are suggesting?

Yes, unfortunately we currently do not have any independent or at least efficient labor unions. This is an issue that I myself have always been and am still pursuing and involved in as a worker. This does not mean that I approve of the existing unions, as none of them, whether it be Islamic labor councils or existing trade unions, are independent; they are either heavily under the control of labor offices or the government, or completely dependent on them. However, it is still possible to use these existing unions to provide some aspects related to workplace safety and health.

More than anything, it is important that our workers are aware of safety issues and follow up on them. There is a principle that is always mentioned but rarely implemented, and is even written as a slogan in many industrial environments: “Safety first, then work.” This is a serious issue that workers must pay attention to and demand. This means that if our workers feel that there is not enough safety in their work environment, they should go to the relevant health department at the workplace. Unfortunately, there is a belief that any worker who goes to the labor office about this issue will face problems. While I believe that this level of risk must be accepted and we should demand the implementation of safety measures in the workplace. Even workers can remind their employers about this issue.

It must be said that simplicity of workforce is one of the factors of occupational accidents; although this factor includes a very small part.

Our workforce must have sufficient training and alertness. Training may depend on factors other than itself, but alertness and follow-up is an issue that our conscious workforce must have and show a reaction to the issues that happen around them.

This statement of yours is completely correct, but when a worker goes to the labor office, their name is mentioned in the report and workers, out of fear of being fired, practically do not do this work…

Yes; the issue of job insecurity is one of the inhibiting factors; whether in accepting difficult and dangerous conditions or in complaining or not complaining and demanding supervision. But in any case, we must accept some risk. This is a problem that we all face at a general level; every action has a cost and we must pay this cost.

Furthermore, I believe that many employees of the office of work, considering that they themselves are employees and receive a salary, when faced with such a situation, usually resort to a way of registering a complaint, which leaks out. In fact, there have been similar cases where a worker has gone and said that if it is determined that I have come here, I will lose my job, but he has not lost his job and in fact, the office employee has made arrangements in this regard or has not told the employer who has complained.

If there is a specific point at the end that you have in mind, please let me know.

I just want to emphasize again the importance of financial support and compensation for the damages that occur in these incidents. Because work accidents have two aspects: one is prevention and prediction of accidents, but the other aspect is related to after the incident. If this issue is addressed and pursued more seriously, it is of great importance. It is important to hold the employer accountable and for the Social Security Organization to take responsibility, as their first payments are usually made after two or three months, during which time the worker cannot work and, unfortunately, due to lack of financial resources, is forced to delay or not receive necessary treatments…

Thank you for the opportunity you have given us in the Khatt-e-Solh magazine.