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Trans-Pacific Partnership Agreement Contains Workers Comp Provision

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Trans-Pacific Partnership Agreement Page 4343

How is Workers Comp Affected?

The Trans-Pacific Partnership Agreement (TPP)  is now the new buzzword in the political arenas.   The controversial agreement was just released yesterday. How many times does it appear in the TPP?  Will it affect WC?

two person shaking hand pacific partnership agreement descriptive
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Actually the TPP only mentions WC once.  It is on page 4343.  The complete section that begins on page 4341 is contained below.

The exact text is highlighted below in red.

Actually the TPP defines WC as social protection.  If you want to see a copy of the massive text, you may find it here.

Article 19.10: Cooperation

1. The Parties recognise the importance of cooperation as a mechanism for effective
implementation of this Chapter, to enhance opportunities to improve labour standards and to
further advance common commitments regarding labour matters, including workers’
wellbeing and quality of life and the principles and rights stated in the ILO Declaration.

2. In undertaking cooperative activities, the Parties shall be guided by the following
principles:
(a) consideration of each Party’s priorities, level of development and available
resources;
(b) broad involvement of, and mutual benefit to, the Parties;
(c) relevance of capacity and capability-building activities, including technical
assistance between the Parties to address labour protection issues and activities
to promote innovative workplace practices;
(d) generation of measurable, positive and meaningful labour outcomes;
(e) resource efficiency, including through the use of technology, as appropriate, to
optimise resources used in cooperative activities;
(f) complementarity with existing regional and multilateral initiatives to address
labour issues; and
(g) transparency and public participation.

Trans-Pacific Partnership Agreement Map
Wikimedia Commons – Antichik

3. Each Party shall invite the views and, as appropriate, participation of its stakeholders,
including worker and employer representatives, in identifying potential areas for cooperation
and undertaking cooperative activities. Subject to the agreement of the Parties involved, cooperative activities may occur through bilateral or plurilateral engagement and may involve
relevant regional or international organisations, such as the ILO, and non-Parties.
4. The funding of cooperative activities undertaken within the framework of this Chapter
shall be decided by the Parties involved on a case-by-case basis.
5. In addition to the cooperative activities outlined in this Article, the Parties shall, as
appropriate, caucus and leverage their respective membership in regional and multilateral
fora to further their common interests in addressing labour issues.
6. Areas of cooperation may include:
(a) job creation and the promotion of productive,  quality employment, including
policies to generate job-rich growth and promote  sustainable enterprises and
entrepreneurship;
(b) creation of productive, quality employment  linked to sustainable growth and
skills development for jobs in emerging   industries, including environmental
industries;
(c) innovative workplace practices to enhance  workers’ well-being and business
and economic competitiveness;
(d) human capital development and the  enhancement of employability, including
through lifelong learning, continuous  education, training and the development
and upgrading of skills;
(e) work-life balance;
(f) promotion of improvements in business and labour productivity, particularly
in respect of SMEs;
(g) remuneration systems;

Trans-Pacific Partnership Agreement Leader Member Picture
Wikimedia Commons – Gobierno de Chile

(h) promotion of the awareness of and  respect for the principles and rights as
stated in the ILO Declaration  and for the concept of Decent Work as defined
by the ILO;
(i) labour laws and practices,  including the effective implementation of the
principles and rights as stated in the ILO Declaration;
(j) occupational safety and health;
(k) labour administration and adjudication, for example, strengthening capacity,
efficiency and effectiveness;
(l) collection and use of labour statistics;
(m) labour inspection,  for example, improving compliance and enforcement
mechanisms;
(n) addressing  the challenges and opportunities of a diverse, multigenerational
workforce, including:
(i) promotion of equality  and elimination of discrimination in respect of
employment  and occupation for migrant workers, or in the areas of
age, disability  and other characteristics not related to merit or the
requirements of employment;
(ii) promotion of  equality of, elimination of discrimination against, and the
employment interests of women; and
(iii) protection of vulnerable workers, including migrant workers, and lowwaged,
casual or contingent workers;
(o) addressing the labour and employment challenges of economic crises, such as
through areas of common interest in the ILO Global Jobs Pact;
(p) social protection issues, including workers’ compensation in case of
occupational injury or illness, pension systems and employment assistance
schemes;
(q) best practice for labour relations, for example, improved labour relations,

Businessman Hand Shaking Pacific Partnership Agreement Building Background
StockUnlimited

including promotion of best practice in alternative dispute resolution;
(r) social dialogue, including tripartite consultation and partnership;
(s) with respect to labour relations in multi-national enterprises, promoting
information sharing and dialogue related to conditions of employment by
enterprises operating in two or more Parties with representative worker
organisations in each Party;
(t) corporate social responsibility; and
(u) other areas as the Parties may decide.
7. Parties may undertake activities in the areas of cooperation in paragraph 6 through:
(a) workshops, seminars, dialogues and other fora to share knowledge,
experiences and best practices, including online fora and other knowledgesharing
platforms;
(b) study trips, visits and research studies to document and study policies and
practices;
(c) collaborative research and development related to best practices in subjects of
mutual interest;
(d) specific exchanges of technical expertise and assistance, as appropriate; and
(e) other forms as the Parties may decide.

 

 

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James J Moore - Workers Comp Expert

Raleigh, NC, United States

About The Author...

James founded a Workers’ Compensation consulting firm, J&L Risk Management Consultants, Inc. in 1996. J&L’s mission is to reduce our clients’ Workers Compensation premiums by using time-tested techniques. J&L’s claims, premium, reserve and Experience Mod reviews have saved employers over $9.8 million in earned premiums over the last three years. J&L has saved numerous companies from bankruptcy proceedings as a result of insurance overpayments.

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James’s educational background, which centered on computer technology, culminated in earning a Masters of Business Administration (MBA); an Associate in Claims designation (AIC); and an Associate in Risk Management designation (ARM). He is a Chartered Financial Consultant (ChFC) and a licensed financial advisor. The NC Department of Insurance has certified him as an insurance instructor. He also possesses a Bachelors’ Degree in Actuarial Science.

LexisNexis has twice recognized his blog as one of the Top 25 Blogs on Workers’ Compensation. J&L has been listed in AM Best’s Preferred Providers Directory for Insurance Experts – Workers Compensation for over eight years. He recently won the prestigious Baucom Shine Lifetime Achievement Award for his volunteer contributions to the area of risk management and safety. James was recently named as an instructor for the prestigious Insurance Academy.

James is on the Board of Directors and Treasurer of the North Carolina Mid-State Safety Council. He has published two manuals on Workers’ Compensation and three different claims processing manuals. He has also written and has been quoted in numerous articles on reducing Workers’ Compensation costs for public and private employers. James publishes a weekly newsletter with 7,000 readers.

He currently possess press credentials and am invited to various national Workers Compensation conferences as a reporter.

James’s articles or interviews on Workers’ Compensation have appeared in the following publications or websites:

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