1. D. Anderson, M. Boocock, Z. Hannif, S. Jamieson, R. Lamare, F. Lamm, T. Laurenson, C. Martin, N. McDonnell, C. Robertson, P. Schweder, B. Shulruf Bournemouth UniversityNovember 4, 2010 Methodological Issues Related to Researching OHS of Migrant Workers: A Cross-National Comparison

2. Introduction Our study considers both the methodological issues, and potential solutions to these issues, that have plagued research into the OHS of migrant workers, and also the currently available information about this population in five countries, wherein we hope to apply our own proposed methodology Our study considers both the methodological issues, and potential solutions to these issues, that have plagued research into the OHS of migrant workers, and also the currently available information about this population in five countries, wherein we hope to apply our own proposed methodology We specifically note the influence of cultural and institutional divergences on this research, and accept that, because of these divergences, no one “best way” can necessarily apply to the study of migrant workers We specifically note the influence of cultural and institutional divergences on this research, and accept that, because of these divergences, no one “best way” can necessarily apply to the study of migrant workers Our research sits within a number of intersecting concerns, all of which we can document in our cross-national comparison: Our research sits within a number of intersecting concerns, all of which we can document in our cross-national comparison: –Globalisation and the increasing movement of people –The vulnerability of migrant workers and their tendency to cluster at the periphery of the labour market –The precarious and unregulated nature of this peripheral labour market –The consequent over-representation of migrant workers in data on workplace illness and injury rates –The difficulty researchers face in attempting to fully determine the extent of the problem –The methodological issues with identifying an “invisible” group

3. Defining Migrant Labour Before discussing the literature and methodology on OHS and migrant labour, we must establish a working definition Before discussing the literature and methodology on OHS and migrant labour, we must establish a working definition For our research, we use Sargeant and Tucker’s (2009) definition, which defines migrants as: For our research, we use Sargeant and Tucker’s (2009) definition, which defines migrants as: –“…workers who have migrated to another country to take up work but who currently do not have a permanent status in the receiving country.… The migrant category …includes both workers who have obtained a legal right to enter and work, as well as those who have entered and are working without legal authorisation. It also includes temporary foreign workers (TFWs) whose right to work is time-limited from the outset, as well as foreign workers who have a more open-ended right to remain but have not yet obtained permanent status” Within their model, there is an understanding of the association between migrant work and vulnerable work, and a clear relationship between migrants and both contingency and workplace hazard/risk Within their model, there is an understanding of the association between migrant work and vulnerable work, and a clear relationship between migrants and both contingency and workplace hazard/risk From their model, we can develop four layers of vulnerability for migrant workers From their model, we can develop four layers of vulnerability for migrant workers

4. Layers of Vulnerability Layer 1 – Receiving country factors: Socio-economic conditions in receiving country, sectors in which migrant workers are employed; access to, and strength of, collective representation; access to, and strength of regulatory protection; social inclusion/ exclusion; living on employer’s premises; urban/rural location; role of unions/civil society groups, eg Church and community groups. Layer 1 – Receiving country factors: Socio-economic conditions in receiving country, sectors in which migrant workers are employed; access to, and strength of, collective representation; access to, and strength of regulatory protection; social inclusion/ exclusion; living on employer’s premises; urban/rural location; role of unions/civil society groups, eg Church and community groups. Layer 2 – Migration factors: Migration security, such as existence of legal status in receiving country; visa or non-visa status; whether status tied to contract of employment as well as the duration and conditions of right to remain. Role of recruitment agents and employers in migration process and the treatment of migrants. Layer 2 – Migration factors: Migration security, such as existence of legal status in receiving country; visa or non-visa status; whether status tied to contract of employment as well as the duration and conditions of right to remain. Role of recruitment agents and employers in migration process and the treatment of migrants.

5. Layers of Vulnerability Layer 3 – Migrant worker factors: Reasons for migrating, such as the socio-economic conditions in home country. The education, language and skill levels of the migrant. The availability and access to decent work. Remittances home. Layer 3 – Migrant worker factors: Reasons for migrating, such as the socio-economic conditions in home country. The education, language and skill levels of the migrant. The availability and access to decent work. Remittances home. Layer 4 – OHS: management commitment to OHS and well-being of their staff; level of compliance, effective OHS management systems, H&S worker representatives, level of understanding or effort made to educate in migrant groups first language. Layer 4 – OHS: management commitment to OHS and well-being of their staff; level of compliance, effective OHS management systems, H&S worker representatives, level of understanding or effort made to educate in migrant groups first language.

6. Literature on OHS of Migrant Workers The literature shows that the employment of migrant labour is increasingly common and widespread, particularly in industries where non-standard, precarious employment and the use of unregulated, contingent labour are prevalent The literature shows that the employment of migrant labour is increasingly common and widespread, particularly in industries where non-standard, precarious employment and the use of unregulated, contingent labour are prevalent Research indicates that migrant workers often work longer and more unsociable hours than non-migrants Research indicates that migrant workers often work longer and more unsociable hours than non-migrants Studies show that migrants have lower levels of job security and less access to typical worker entitlements Studies show that migrants have lower levels of job security and less access to typical worker entitlements The literature suggests that migrants are often marginalised, lacking an economic or social safety net and falling between the protective cracks of their new country The literature suggests that migrants are often marginalised, lacking an economic or social safety net and falling between the protective cracks of their new country Questions related to cultural diversity and OHS often arise in the literature, though they are complex and often value-laden Questions related to cultural diversity and OHS often arise in the literature, though they are complex and often value-laden

7. Gaps in the Literature Despite growing research interest, OHS of migrant workers is largely absent from the discourse on globalisation Despite growing research interest, OHS of migrant workers is largely absent from the discourse on globalisation –Focus instead is on trade and capital flow, etc. Within the international health discourse, many fail to look beyond strictly medical paradigms to consider the broader social, economic, and cultural contexts in which health issues are embedded Within the international health discourse, many fail to look beyond strictly medical paradigms to consider the broader social, economic, and cultural contexts in which health issues are embedded Extant research is located in a limited number of industries (i.e., textile, retail, call centres) Extant research is located in a limited number of industries (i.e., textile, retail, call centres) Issues related to well-being and psychological stress for foreign workers are not often considered Issues related to well-being and psychological stress for foreign workers are not often considered Known difficulties in tracking down respondents Known difficulties in tracking down respondents

8. Methodological Issues Rather than using a single “best” approach, there is an emerging consensus that a suite of research methods must be used to overcome methodological issues of studying migrant workers, given the following problems: Rather than using a single “best” approach, there is an emerging consensus that a suite of research methods must be used to overcome methodological issues of studying migrant workers, given the following problems: –Migrant workers are difficult to reach, the employers are often hostile to intrusion, and the workforce is typically contingent, mobile and frequently hidden –Single-method, survey-based or experimental research designs are unlikely capture sufficient data, particularly when looking at SMEs –It is difficult to gauge the extent of occupational illness and injury amongst migrant workers as government databases are frequently incompatible and fail to capture the OHS issues of this group –Problem of making an “invisible” group “visible” – both ethical and methodological concerns –Tension (often cultural) between the researcher and subject

9. Response to These Issues Given these concerns, it is crucial to select an epistemology that is culturally respectful and gives clear voice to the participants Given these concerns, it is crucial to select an epistemology that is culturally respectful and gives clear voice to the participants –Particularly important given the power dynamic at play in research (Smith 1999) Developing an inclusive social epistemology can overcome some of these problems by removing the cultural distance between researcher and participant Developing an inclusive social epistemology can overcome some of these problems by removing the cultural distance between researcher and participant –One approach, known as talanoa, is particularly appropriate, and is increasingly used when looking at South Pacific migrants –Talanoa is essentially an unstructured or semi-structured interview, but is considerate of cultural norms and customs, and is reliant on (a) equality of participants; and (b) a shared dialog between the participants –The underlying principles of talanoa can also be found in environmental health community-based participatory research approaches, wherein information exchange by all stakeholders (not just the experts) is key

10. Response to These Issues However, employing solely a talanoa or similar approach is not necessarily enough methodologically, given that questions remain over reliability and validity However, employing solely a talanoa or similar approach is not necessarily enough methodologically, given that questions remain over reliability and validity –A triangulation method, wherein multiple sources confirm and support assertions, is also essential Combining a social epistemology with a triangulated approach broadens the research methods and design palette, allowing the researcher to explore and construct an appropriate suite of methods that consider cultural, ethical and logistical imperatives Combining a social epistemology with a triangulated approach broadens the research methods and design palette, allowing the researcher to explore and construct an appropriate suite of methods that consider cultural, ethical and logistical imperatives

11. International Comparisons: Australia Currently, 25 percent of Australians (5.5 mil) originate from overseas Currently, 25 percent of Australians (5.5 mil) originate from overseas Between 2008 and 2009, 62 percent of population growth was accounted for by migration Between 2008 and 2009, 62 percent of population growth was accounted for by migration Post-WWII, most migration was from Europe; recently, large scale migration from Oceania (19%) and Asia (43%) in addition to Europe (18%) Post-WWII, most migration was from Europe; recently, large scale migration from Oceania (19%) and Asia (43%) in addition to Europe (18%) Immigrants settle largely in urban areas (39% of Sydney population; 35% for Melbourne) Immigrants settle largely in urban areas (39% of Sydney population; 35% for Melbourne) Wide range of working permits, including those for student immigrants (restricted to 20 hours of work) Wide range of working permits, including those for student immigrants (restricted to 20 hours of work) Temporary business long-stay visas are criticised as a way for employers to exploit migrants (illegal wages; little access to basic OHS rights) Temporary business long-stay visas are criticised as a way for employers to exploit migrants (illegal wages; little access to basic OHS rights) Tremendous number of temporary visa-holders overstay their allotted time and continue working illegally Tremendous number of temporary visa-holders overstay their allotted time and continue working illegally Our current research has focused on the experience of international student migrants in Australia and NZ (Anderson, Lamare and Hannif), using interviews and data Our current research has focused on the experience of international student migrants in Australia and NZ (Anderson, Lamare and Hannif), using interviews and data

12. International Comparisons: France Central feature of French discourse on migrant OHS is how to define “migrant” Central feature of French discourse on migrant OHS is how to define “migrant” –At broadest level, INSEE defines immigrants as those who were not born in France and whose parents are “foreigners” (i.e., not of French ancestry) –An individual is considered as belonging to the immigrant population even if he or she takes French nationality –Work permits are typically issued to those migrants with trade skills that are needed in France and restricted to a period of one year and less Most migrants (45%) hail from Europe or Africa (39.3%) Most migrants (45%) hail from Europe or Africa (39.3%) Legal migrants constitute 8.6% of the French labour force Legal migrants constitute 8.6% of the French labour force However, it is estimated that the number of illegal/undocumented migrants entering France annually is in the region of 30,000 to 40,000 per year However, it is estimated that the number of illegal/undocumented migrants entering France annually is in the region of 30,000 to 40,000 per year Unemployment amongst migrants is twice as high as French domestic labour Unemployment amongst migrants is twice as high as French domestic labour 40 percent are in unskilled jobs 40 percent are in unskilled jobs Migrant workers are typically concentrated around the building sector (14.9%), the business services (10.3%) and private services (15%) Migrant workers are typically concentrated around the building sector (14.9%), the business services (10.3%) and private services (15%) Migrant workers, and in particular new migrants, are exposed to more hazardous, monotonous and isolated working conditions compared to the rest of the working population (DARES 2009) Migrant workers, and in particular new migrants, are exposed to more hazardous, monotonous and isolated working conditions compared to the rest of the working population (DARES 2009) Our research focuses on migrant labour in the construction industry (Martin) Our research focuses on migrant labour in the construction industry (Martin)

13. International Comparisons: Kuwait Currently, the population in Kuwait is almost 3 million, in which 34% are Kuwaitis and 66% are expatriate workers employed entirely in the private sector Currently, the population in Kuwait is almost 3 million, in which 34% are Kuwaitis and 66% are expatriate workers employed entirely in the private sector Expatriate Europeans tend to be employed in professional occupations, such as engineering, IT, logistics, human resources and education Expatriate Europeans tend to be employed in professional occupations, such as engineering, IT, logistics, human resources and education The less skilled and manual occupations tend to be dominated by workers from Middle Eastern, African and Asian countries The less skilled and manual occupations tend to be dominated by workers from Middle Eastern, African and Asian countries A new Private Sector Labour Law is designed to improve the wages and working conditions of migrant workers, except domestic workers, which includes cleaners, cooks and male chauffeuses A new Private Sector Labour Law is designed to improve the wages and working conditions of migrant workers, except domestic workers, which includes cleaners, cooks and male chauffeuses –Over 36,000 migrants or 19% of the migrant labour force are employed as domestic workers and that approximately 70% of Kuwait households employ at least one domestic worker The majority of workers involved in occupational injuries and fatalities were from migrants employed precariously in the construction industry; however, lack of data and under-reporting lead to unreliable information The majority of workers involved in occupational injuries and fatalities were from migrants employed precariously in the construction industry; however, lack of data and under-reporting lead to unreliable information Methodological issues -- very difficult to obtain interview data from migrant workers in the domestic service and construction industries where most are located, as employers will rarely give permission to interview their workers Methodological issues -- very difficult to obtain interview data from migrant workers in the domestic service and construction industries where most are located, as employers will rarely give permission to interview their workers Our research addresses migrant labour in the construction industry (Robertson) Our research addresses migrant labour in the construction industry (Robertson)

14. International Comparisons: NZ NZ’s migrant population is approx 927,000, in which over 1/3 of the people born overseas had been living in NZ for four years or less NZ’s migrant population is approx 927,000, in which over 1/3 of the people born overseas had been living in NZ for four years or less In NZ migrant arrivals exceeded departures (an excess of 172,290) in 2008 In NZ migrant arrivals exceeded departures (an excess of 172,290) in 2008 In Auckland, over 60% of the population are now migrants In Auckland, over 60% of the population are now migrants New Zealand has one of the largest concentrations of Pacific Island workers in the world New Zealand has one of the largest concentrations of Pacific Island workers in the world –Samoans constitute the largest Pacific Island ethnic group in New Zealand, comprising 131,103 or 49% of the resident Pacific population Casual migrant workers, most of whom are from the Pacific Islands, make up a significant proportion of NZ’s primary sector labour force Casual migrant workers, most of whom are from the Pacific Islands, make up a significant proportion of NZ’s primary sector labour force It is estimated that NZ has 40,000 seasonal jobs with 30,000 of these located in the forestry and horticulture sectors, and 10,000 in the sheep shearing industry It is estimated that NZ has 40,000 seasonal jobs with 30,000 of these located in the forestry and horticulture sectors, and 10,000 in the sheep shearing industry –The primary sector has the highest recorded level of occupational injuries and fatalities in New Zealand Recently, a temporary labour migration scheme, the Recognised Seasonal Employer (RSE), was launched in response to a labour shortage in the horticultural and viticulture sectors. Recently, a temporary labour migration scheme, the Recognised Seasonal Employer (RSE), was launched in response to a labour shortage in the horticultural and viticulture sectors. –The RSE scheme gives priority access to Pacific workers, and allows for up to 5,000 workers to be employed at any one time Our research addresses migrant labour in agriculture, health, and construction, and also looks more broadly at NZ trends Our research addresses migrant labour in agriculture, health, and construction, and also looks more broadly at NZ trends

15. International Comparisons: USA In the US, characterizing migrant workers is difficult, given the heterogeneity of these workers and their dispersal across a variety of industries In the US, characterizing migrant workers is difficult, given the heterogeneity of these workers and their dispersal across a variety of industries –Governance and jurisdictional considerations further complicate the issue, as individual states may be seen as more or less friendly to migrant workers, depending, for instance, on their specific immigration laws Defining the term “migrant worker” is difficult, considering the US often uses “foreign worker” as a proxy for the type of worker we are studying Defining the term “migrant worker” is difficult, considering the US often uses “foreign worker” as a proxy for the type of worker we are studying There are about 21,239,000 foreign born workers employed in the U.S There are about 21,239,000 foreign born workers employed in the U.S –However, it is not clear to what extent these workers are employed legally or illegally –Foreign born workers have higher unemployment rates than US workers –Foreign born workers were more likely than native born workers to be employed in traditionally blue-collar sectors such as construction, services, maintenance, production, and transportation Latinos are amongst the largest ethnic group of foreign workers; work- related fatalities for Latinos are far higher than those for non-Latinos Latinos are amongst the largest ethnic group of foreign workers; work- related fatalities for Latinos are far higher than those for non-Latinos –Considerable suspicion of under-reporting for non-fatal Latino workplace injuries Migrant workers are often misclassified as independent contractors when they are in fact employees, particularly in the construction industry Migrant workers are often misclassified as independent contractors when they are in fact employees, particularly in the construction industry Our research addresses migrant worker misclassification in construction and other industries (Lamare) Our research addresses migrant worker misclassification in construction and other industries (Lamare)

16. Conclusions from Country Research Several common themes can be identified across the countries we study: Several common themes can be identified across the countries we study: –Governments have tended to treat migrant labour as a disposable commodity –Migrant workers are over-represented in sectors that have a prevalence of precarious, hazardous employment –Migrant workers are significantly over-represented in the work- related injury, illness and fatality rates in each of the countries –The lack of access or visibility of migrant workers creates problems for both government agents and researchers alike in all of these countries Although the countries share commonalities, our methodological position suggests that the best approach in further researching these issues is to carefully consider cultural and institutional differences, and to rely less on data-driven analysis and more on holistic, participatory interviews, similar to the talanoa method Although the countries share commonalities, our methodological position suggests that the best approach in further researching these issues is to carefully consider cultural and institutional differences, and to rely less on data-driven analysis and more on holistic, participatory interviews, similar to the talanoa method

17. Next Steps for Our Research Further refine the methodology, particularly on a country-by-country basis Further refine the methodology, particularly on a country-by-country basis Undertake pilot studies in specific countries Undertake pilot studies in specific countries Identify and apply for sources of research funding (EU, ILO, etc.) Identify and apply for sources of research funding (EU, ILO, etc.) Develop a post-graduate cohort around this topic Develop a post-graduate cohort around this topic Undertake a study on the perceptions of the research cluster Undertake a study on the perceptions of the research cluster

18. Connecting our Research Interests OHS in Diverse Workplaces The use of Migrant Labour in Precarious Employment Migrant Labour In Agriculture Sector Regulating Supply Chains to Improve Health and Safety Migrant Labour in the Construction Industry Managing Diverse Health Teams Psychological Contracts Cultural Diversity OHS & Child Labour

19. Our Research Agenda and Team Migrant Labour in the Construction Industry: Migrant Labour in the Construction Industry: –France: Christophe Martin, Ecole des Mine de Paris –Kuwait: Cathy Robertson, AUT Migrant Labour in the Health Sector: Migrant Labour in the Health Sector: –New Zealand: Boaz Schulruf, University of Auckland Migrant Labour in the Agricultural Sector: Migrant Labour in the Agricultural Sector: –Samoa: Tyron Laurenson, Oceania Medical University –Tonga: Alo Lutu, AUT Migrant Labour: Migrant Labour: –UK: Ryan Lamare, University of Manchester –Canada: Nadine McDonnell, AUT –Australia: Suzanne Jamieson, Sydney University & Zennie Hannif, UTS –New Zealand: Felicity Lamm, Danae Anderson, Peter Schweder AUT