Glass of water right: In which countries is it already a labour right?
Water has become an extremely precious resource due to the fact that today we live in severe scarcity; however, it is a human right because it is necessary to live. In the workplace, it is an issue that has become visible to workers who work in the fields, even though it is not a legally guaranteed benefit for the rest of the workforce.
The International Labour Organisation (ILO) recognises the right of workers to drinking water during the working day, but its implementation varies between countries in Latin America and the world, although many have ratified Convention 120, which establishes the need for a safe and healthy environment, including access to water.
A clear example of this is Mexico, which has ratified Convention 120 since 1968, but only makes it explicit in the Federal Labour Law (LFT) for agricultural workers.
As a result, an initiative called the Vaso de Agua Law is being promoted in the Senate to extend this right to all workers in the private and public sectors.
Countries that already recognise water as a labour right
In the case of Latin America, Chile has been identified as one of the few countries whose labour legislation explicitly states that employers must provide workers with drinking water.
The Norma de Higiene y Seguridad en el Trabajo stipulates this in Supreme Decree 594 and Article 12.
The Reglamento sobre Condiciones Sanitarias y Ambientales Básicas en los Lugares de Trabajo (Regulation on Basic Sanitary and Environmental Conditions in the Workplace) regulates the provision of drinking water in workplaces in Chile.
The legal standard stipulates that all workplaces must have potable water for human consumption and basic hygiene and personal hygiene needs, for individual or collective use.
The installations, appliances, pipes and ancillary equipment of the drinking water supply must comply with the relevant legislation.
If the workplace has its own water supply system, it must provide at least 100 litres of water per person per day.
In Brazil, labour legislation also covers access to drinking water. According to Standard 24 (NR-24), workplaces must have adequate hygiene facilities, including a drinking water supply.
It states that companies must provide water in drinking fountains or similar facilities that allow individual containers to be filled or water to be consumed on site, and that this must be guaranteed throughout the working day.
US and European regulations are also non-specific.
On 29 December 1970, US President Richard Nixon signed the Occupational Safety and Health Act of 1970, which established the Occupational Safety and Health Administration (OSHA).
The OSHA Act requires employers to provide potable water to their employees and focuses on ensuring that workers stay hydrated and healthy in certain work environments, but is not a requirement in all industries.
In general, OSHA covers most private sector employers and employees in all 50 states, the District of Columbia and US territories.
There are some exceptions. For example, self-employed workers, workers on family farms and workers covered by other federal programmes, such as the Federal Aviation Administration (FAA), may not be covered by OSHA.
In the UK, health and safety legislation, such as the Health and Safety at Work Act, includes general provisions on working conditions, which in many cases imply a duty to provide drinking water.
Although not specifically mentioned in all circumstances, it is considered a basic necessity as part of decent working conditions.
Argentina, Australia, Spain, France, Italy, Pakistan, Poland and Romania are some of the other countries that have ratified ILO Convention 120.
As we can see, most countries do not explicitly provide for the right of workers to drink water during the working day, despite the fact that the availability of this resource is not only a human right, but also fundamental to workers’ health and safety, and essential to prevent heat-related illnesses and dehydration.
