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T
he key areas in occupational health policy and legislation
which are explicitly related to gender refer to two broad
categories: the treatment of sex differences, and the methods
for handling discrimination, including sexual harassment. Legislation
and policy involving sex differences includes protection of pregnant
and nursing workers exposed to hazardous working conditions (Heide,
2001; Lippel, 1998) as well as provisions concerning access to certain
types of work that are seen to be more dangerous to women, such
as night work. An ILO convention, adopted in 1948, prohibited night
work for women, and certain national legislation incorporated these
provisions, which are now incompatible with European equality law
(Heide, 2001). While the European legal provisions governing night
work will probably disappear with time, other countries, not bound
by European law, may still prevent women from performing night
work and other types of work perceived as inappropriate for women.
Legislation governing discrimination in the workplace is prescribed
both on a national and an international basis (Loutfi, 2001), and in many
countries, aims to prevent both sexual harassment and discrimination,
including discriminatory hiring practices that may rely on pre-
employment tests of physical capacity, and limits on lifting weights
(Messing et al., 2000; Demers and Messing, 2001). Jurisdictions vary in
the degree to which they provide for sex-specific working conditions
and programmes. The treatment of discrimination is also variable.
4. Relevant legislation
and policy
Legislation and
policy involving
sex differences
includes protection
of pregnant and
nursing workers
exposed to hazardous
working conditions