Improve work safety responsibility system- the role of governement at different levels. Presentation...

Improve work safety responsibility system- the role of governement

at different levels.Presentation of the Situation in

Germany.

Peter Roedel

WORKSHOP ON WORK SAFETY RESPONSIBILITY SYSTEMS WITHIN OSH INSPECTION SYSTEMS

15 – 16 APRIL, 2014, BEIJING

2014/03/28 EUCOHS project Peter Roedel 1

OSH-Authorities at different levels – German

Situation

1. Legal frames and States Authorities working on OSH

2. State Authorities and Institutions working on OSH - in detail

3. Private Authorities working on OSH


Contents of my presentation

German Constitutional Law is the foundation of all other German laws and rules concerning OSH.

Article 2 is quoted as saying:....Everybody has the right to life and physical integrity.To realise this article in daily life and to make it precise, we have the “Work protection Law”.It defines •the obligations of the employer,•the rights and the obligations of the workers,•the tasks and competences of the counties, and •the cooperation between States Authorities and the Accident Insurance Associations (AIAs). 2014/04/01 EUCOHS project Peter Roedel 3

1. Legal Frames

1.1 State's OSH-System ← EU Guidelines + Directives 1.1.1 The German Republic‘s national law-giving activities and its 16 provinces with laws, regulations, authorisation of

accident prevention-regulations.1.1.2 Controlling the respect of laws and regulations by

State authorities for work safety 1.2 Non-State's OSH-System 1.2.1 Autonomous law system on work safety from Accident Insurance Associations 1.2.2 Law setting and decision of work safety regulations from

the Accident Insurance Institutions. 1.2.3 Controlling the respect of laws and regulations by technical supervisors of the Accident Insurance Institutions.


1. Legal Frames

1.3 State's Authorities working on OSH- in general-

1.3.1 Federal Ministry of Labour and Social Affairs Legal framework (Arbeitsschutzgesetz,

Gefahrsstoffverordnung, Biostoffverordnung) 11 fundamental laws and regulations

1.3.2 OSH-Ministries of 16 Counties. Responsible for respect of OSH-laws and regulations.

Thus need for local administrations, District Council, so-called “Regierungspräsident” and States Authority for OSH, so called “StAfA”

1.3.3 Local adminsitrations “District Council” General and special OSH-regulations in operating-

permits, “States Authority for OSH” control the respect of laws, regulations and operating

prescriptions, policepower.


1. Legal Frames

2.1. Federal Ministry of Labour and Social Affairs (FMoLaSA)• Target: Ensuring and improving OSH• Functional assistance concerning technical and social

work safety and occupational medecine from additional institutes e.g. Federal Institute for OSH (BAuA).

OSH is organised in the FMoLaSA as follows:FMoLaSA Dept.III → Labour Law, Work SafetyDivision IIIb work safetyDivision IIIb1 work protection law, occupational medicine, prevention

Division IIIb2 principal questions of work safety, supervision of Federal Institute for OSH

Divison IIIb3 hazardous substances, safety with chemicals, bio- and genetic technology


2. State's Authorities working OSH- in detail-

2.1. Federal Ministry of Labour and Social Affairs

(FMoLaSA)

Division IIIb3 Plant- and process-safety

Division IIIb4 Working environments, physical impacts, Coordination of OSH-commissions

Division IIIb5 Product safety


2. State's Authorities working on OSH - in detail -

2.2 District Council (Bez.-Regierung)

Organisation of OSH:Department 54: Technical work safetyDepartment 56: Work safety in the plantsDistrict Council‘s OSH-tasks and activities concerning Work safety and and labour protection:•Work safety on building sites and during forest operations•Hazardous materials•Arrangement of working environments/minimum requirements concerning illumination, ventilation, temperature, transport routes including escape- and emergency-ways•Protection of labour time•Work safety on building sites including announcement to the District Council, coordination of activities during planning and realisation, planning OSH measures2014/03/31 EUCOHS project Peter Roedel 8

2. State‘s Authorities working on OSH – in detail-

2.2 District Council (Bez.-Regierung)

District Council‘s scope of OSH-work:→ Assistance with OSH-questions e.g.:

Risk assessment, safety-instructions, delegation of responsibilities of competent officers, appointment of plant safety-inspectors and plant physician,installation of work safety commission.

→ Plant safety assistance with regard to working materials.The employer has to procure all working materials – from

ball pen to rotary kiln. Working materials must be safe. Therefore risk analyses have to be performed and the scale and frequency of examinations should be defined.

→ Anonymous examination and evaluation of accidents in order to prevent such accidents in the future - communication of results.


2. State‘s Authorities working on OSH – in detail-

2.2 District Council (Bez.-Regierung)•Youth work safety•Maternity protection•Safety of transport on the roads•Authorisations for building, modification and operation of “dangerous” plants e.g. fuel stations, steam-boilers, elevators, pressure vessels, components of cement- and lime plants....


2. State‘s Authorities dealing with OSH

2.3 State Authority for work safety (StAfA)

The organisation of the State Authority for works safety has been changed over the years in the 16 counties of the Federal Republic of Germany, resulting in different ways and forms of organsation. What is to be noticed ? •The “StAfA” is independent from the organisations in the different counties, it is the county's organisation for controlling and consulting in terms of OSH.•They have to control the respectation of the state‘s OSH-laws and regulations and have sovereign functions.•They are consulted in all aspects of OSH by employers and employees.•They assure the quality of safety-management-systems by coordinating all OSH activities in a county.2014/03/28 EUCOHS project Peter Roedel 11

2. State‘s Authorities working on OSH – in detail -

3.1 Accident Insurance Associations (AIAs)

History and some characteristicsPrescribed by law since 1881 but private character•Financed completely by the employers•Administrated 50:50 by employers and workers•OSH-rules and -directives from AIAs to be approved by state‘s authority before coming into effect•Working on OSH and occupational disease-prevention•Obliged to pay for:

healing process after accident at work, if necessary disability-pension, and in worst case a widows pension.


3. Private Institutions working on OSH

3.1 Accident Insurance Associations (AIAs) History and some characteristics

•In contrast to any other insurance there is no need for a court decision before the insurance pays compensation. Memo: In some European countries the wife of a violated worker has to bring the employer to trial and to win the case before receiving compensation for violations or a handicap and for the loss of family-income after an accident at work.

This regulation also applies in cases of occupational ailments (e.g. loss of arm, leg, inability to work....) and the death of a worker.However, in each significant case, the Accident Insurance Associations (AIAs) will check in detail that all regulation laws and accident-prevention-rules have been respected to prevent the accident. Unless they subrogate against the employee and/or his representative/s.AIAs consequently advocate a high standard of OSH training for workers and employees.2014/03/28 EUCOHS project Peter Roedel 13



Examples for training

This training includes e.g. (on different levels)•General and special risks (Napos Welt, En) Lists and texts of many kinds of rules and regulations •Safety first (En.)•Good practice in non-coal mining industries and production of building material •Risk analysis in general •Risk analysis in the natural stone industry •Information on special risks e.g. operation of conveyor belts

•Organisation/realisation of Safety Management System•Special health issues e.g. “Health for workers” or “Health for your back”2014/04/01 EUCOHS project Peter Roedel 14


3.1 Accident Insurance Associations (AIAs) Competences

•Free, unrestricted access to any plant without announcement•Obliged to invite a member of the works council for the plant‘s visit and to write minutes of the plant's visit, for the AIAs, the employer and the workers council•Obliged to advise the employer and the staff in case of difficult questions, e.g. risk assessment•Authorized to fine, by means of surcharge, employers as well as workers in case of important violation of safety rules and regulations. (Does not happen often)•Receive accident reports (obligation after 3 days of absence) and controll its plausibility, if necessary, in the plant and together with works council

2014/03/26 EUCOHS project hja 15



•Carry out investigations of serious accidents. Thus the supervisor can also work for the State Attorney to determine the source of the accident. Important questions:

• Was the worker adequately trained and suited to the work? Did he behave according to the rules and regulations? Did he use the correct personal protective equipment (ppe)? Was he provided with the correct information from his foreman to do a safe job? Has the employer fullfilled all his obligations to assure safety at work? Such as:• Training the workers,• Maintenance of machinery and condition check• Risk analysis• Organisation of liabilities.




•It is the employer‘s obligation to guarantee safety at work and the employees are obliged to follow the instructions concerning safety at work. Important issue: The supervisor has No liability for accidents where rules and regulations have not been respected!




Obligations of the employer

It is the general obligation of the employer to raise awareness of OSH to the workers. The necessary information must be available in the plant. That is why the employer has to appoint a safety officer and an occupational physician as assistants. Depending on the number of workers in his plant the employer has to prove the attendence of these specialistes, e.g. Plant with 100 workers, •high risk → 250 hours/year•medium risk → 150 hours/year•low risk → 50 hours/year.




Obligations of the employer

Other general obligations of the employer:•Definition of responsilities, accident prevention, risk analysis incl. its documentation, consultation of management and workers, management and workers contact and information, contact and information of authorities, realisation of protection measures according to risk-analyses, support services in special cases.

For smaller plants/companies, the employer training is performed by the AIAs.



3.1 Accident Insurance Associations (AIAs)Blasting

Because of the high risks involved when handling and firing explosives, very intensive and effective training for the concerned workers is inevitable. For this reason: •the State‘s Authority controls your reliability, and•the AIA for building material production will instruct you and issue your permit. After a couple of years your knowledge will be verified•In the event of failing the re-examination you will no longer be permitted to handle explosives, blasting fuses or detonators.2014/04/02 EUCOHS project Peter Roedel 20



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Improve work safety responsibility system- the role of governement at different levels. Presentation...

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