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(modified by the Nice Treaty) Social Policy

• The Community will support and will complete the activities of the Member States in: a) the improvement of the work environment to protect the workers’ health and safetyb) improving of working conditions

Art. 137.1 (before 118)

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Art. 137

• To such an end, the Council will: – adopt directives as minimum dispositions that will apply progressively, taking into account the conditions and existent technical regulations in each one of the States members...

article 95 (ex. 100A) ECONOMIC POLICY The Commission, in its propossals to armonize the legislations on health and safety will be based on a

high protection level, taking into account any progress in the state of arts.

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FRAMEWORK DIRECTIVE89/391

EQUIPMENTSPECIFIC RISKS

WORK PLACES

AGENTS

Work Equipment89/655 95/63

2001/45

P P E89/656

Display screens 90/270

Manual handling 90/269

Pregnant workers92/85

Explosives atmospheres1999/92

Workplaces89/654

Signs92/58

Drilling92/104

Mining92/104

Fishing vessels93/103

Construction92/57

Biological 2000/54

Carcinogens90/394 97/42 1999/38

Chemical98/24

Noise2003/10

Vibrations2002/44

Asbestos83/47791/382

2003/18

Limit Values 91/322

96/94

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ART.137(Ex Art. 118A)

Working Time93/104

2000/34 2003/88

Temporary employment91/383

Medical Treatment on board vessels

92/29

Self-employed2003/134

Working time Road transport

2002/15

Working time for Civil pilots

2000/79

Working time forFishing People

1999/63

Young Workers94/33

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OHS PREVENTION

Council Directive 89/391/EEC (12 June 1989)

introduction of measures to encourage improvements in occupational safety and health

PRINCIPLES & PHASES OF PREVENTIVE ACTION

PREVENTING LABOUR RISK

Definition:

• all required steps/measures • planned or adopted• at all stages of work in the undertaking• to prevent or reduce occupational risks.

This is achieved by • INTEGRATING OHS in all activities and decissions

of the Company • DISTRIBUTING RESPONSIBILITIES at all levels

Prevention: PHASES

1. Evaluating the risks.

2. Planning the preventive activities.

3. Organization of resources.

4. Qualified staff in charge of the prevention.

General Preventive Principles

• To avoid the risk

• To evaluate the unavoidable ones

• To combat them at source

• To adapt the work to the person

• To adapt to technical progress (state of arts)

• Replace the dangerous substances for harmless ones

• Overall preventive policy

• Collective protection prior to individual ones

• Provide instructions and training to workers

RISK EVALUATION

DEFINITION: process addressed to

• estimate the magnitude of risks that have not been able to avoid

• obtaining the necessary information so that the manager can take appropriate decissions

• to adopt preventive measures and, in such a case,

• the type of measures to be adopted

• fixing priorities (planning)

R.E. TYPES

• INITIAL with occasion of: � New legislation introduced (İş Sağlığı ve Güvenliği

Yönetmeliği 09.12.2003 / 25311)� New work center� Substantial modification of work places

• To UP GRADE working conditions- with occasion Health Surveillance/ accidents at works

• REGULAR FOLLOW-UP (up to national legislation)

R. E. PROCEDURE (I)

From the information obtained about the - characteristic and complexity of work process- work equipment- evaluation of workers' health the RE will proceed to: • Determinate if there are dangerous elements • Identify the exposed workers and their sensitivity to

risk • Evaluate the existing risk according to objective

indicators

E.R. PROCEDURE (II)

• The RESULTS have to be TRUSTED & VERIFICABLE

• Applied MEASUREMENTS, ANALYSIS and TEST:

- national standarts or regulations

- orientative guidelines (ISGUM?)

- international guidelines or standarts

Competent Technicians for Risk Evaluation Competent Technicians for Risk Evaluation

• Functions for basic level. • Functions for intermediate level. • Functions of High level technicians on the

different preventive disciplines

medicine at work

safety at work

industrial hygiene

ergonomics & psicosociology

PREVENTIVE PLANNING

• The annual program for preventive activities will integrate:

- the human & material resources available;

- the assignment of budgeted resources;

- the emergency measures & health surveillance;

- the information and training for workers;

- the coordination of all these aspects

ORGANIZATION of RESOURCES (art. 7 Framework Dir)

The organization of necessary resources will be arranged by the employer. There are the following modalities:

a) National legislation will foresee the nature of the activities and size of the undertakings in which the employer, provided he is competent, may himself take responsibility for OHS

b) Designating one or several workers to carry it outc) Set up internal preventive serviced) External preventive service

a) Employer in charge of prevention. Spanish case.

• Micro enterprises: companies less than 6 workers.

• The activities of the company are not included in an Annex including dangerous activities

• Personally present in the work center • Has the required capacity • NO included health surveillance

b) Designated workers

• The manager can designate one or several workers to be in charge of OHS activities in the company.

• The designated workers should be enough in number & possess appropriate capacity, resources and time to fulfill their functions.

c) INTERNAL PREVENTIVE SERVICE

• human and materials resources needed in the company to carry out prevention

• The companies that develop activities simultaneously in one work centre, building, commercial or industrial area can set up joint preventive services (SMEs)

d) External Occupational Preventive Services

Specialized entity contracted by the enterprise to: • provide occasional advice and support according

to the type of risks (risk evaluation or accident investigation)

• Implement preventive activities; • both jointly.

The contract is normally in writing

d) External Preventive Services: when?

• When the appointment of one or several workers is not sufficient for the realization of the activity of prevention.

• When the company is not legally obliged to set up an internal service

• When internal service assumes only partly the preventive activities

Workers representatives for preventivon Workers representatives for preventivon

• Not the employer OHS appointed person • Workers' representatives with a specific role will

receive appropriate training • not be placed at a disadvantage / adequate time off

work / without loss of pay / provide them with necessary means / take part in discussions on all OHS

• balanced participation in accordance with national laws and/or practices

• Measures related to OHS in no circumstances involve the workers in financial cost

WORKERS REPRESENTATIVES OHS WORKERS REPRESENTATIVES OHS

• from 1 to 49 workers: 1 Delegate • From 50 workers

50 to 100 workers, 2 Delegates

101 to 500 workers, 3 Delegates

501 to 1000 workers, 4 Delegates

1001 to 2000 workers, 5 Delegates

2001 to 3000 workers, 6 Delegates

3001 to 4000 workers, 7 Delegates

4001 onwards, 8 Delegates

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Turkish New Regulations: Chalenge

• Up-grade institutions

• Up-date staff and train

• Coordinate and interact to implement effective OHS policies (Ministries/Interdepartamental/Social Partners)

• Regulate new institutions (R.E, preventive services, technicians levels, etc.)

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SUCCESFUL PROCESS ASALL CONCERNED PARTIES

ARE COMMITTED

TEŞEKKÜRLER