PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 [email protected] (2009) European...

[email protected] (2009)PERC NIS Health and Safety Meeting

Brussels, December 14th, 2009

European policies and directives onoccupational health and safety

European Trade Union Institute



Professional background

• Technical University• Mining Industry • Branch Trade Union • TUTB/ETUI

• HEalth and SAfety Department (HESA) • Co-ordination of New MS + CC• Migrant Workers’ H&S • OHSM & VPP

Viktor Kempa [email protected]



1. Who from the participants • Works in the field of H&S? • Wants to work with H&S in future?

2. How attention is given to H&S in your organisation?• Big?• Average?• Small?

3. In general, is H&S a trade union priority?

4. Do you think H&S in your country is• Improving?• Deteoriating?

4 Questions at the beginning



Contents

o ETUI & HESA

o OHS law in the EU

o European Social Dialogue in OHS

o European tripartite OHS agencies

o Challenges for the Community Strategy

o What is on trade unioçn agenda

o Framework Directive 89/391/EEC & 18 individual Directives



Who does ETUC represent? • 60 million workers• 81 national confederations• 12 federations• 36 countries

Created the ETUI as an expert and

service organisation

www.etuc.org

European Trade Union Confederation



International non profit-making association established under Belgian law

The ETUI has three main objectives:

Research, studies and monitoring European issues of strategic importance for the world of labour while building bridges between the academic and research community and the labour movement;

Promoting education and training activities, programmes and exchanges that strengthen an European TU identity;

Providing technical support in the field of OHS so as to promote a high level of H&S protection for workers in Europe.


www.etui.org



► 58 employees• 32 women & 26 men• 29 employed as officers

► 3 department• 34 persons in the Research Dep.• 14 persons in the Education Dep.• 10 persons in the Health & Safety Dep.

► A diversity of professional backgrounds, nationalities, “identities” and cultural backgrounds ► In 2006 created, non-profit international organisation

Who are we?

www.etui.org




www.etui.org

WITH WHOM WE WORK

European TU movement, its officers and representatives

Universities, research bodies and TU related institutes

European Union institutions

National OHS bodies

Organisations involved in promoting OHS within the workplace

Actors working in the field of social Europe




MAIN TASKS

Support and technical expertise to the ETUC

Support to the workers’ groups within Luxembourg and Bilbao structures

Support to the European TU movement

http://hesa.etui.org/uk

Health and Safety Department



SCOPE OF ACTIVITIES

EU policies, EU legislation Prevention systems Workers representation in H&S Work organisation / Precarious work Psychosocial risks - Stress, Violence MSD Chemicals, Asbestos, Nanotechnologies Work equipment safety / CEN Enlargement Information: Publications - HESA Mail - HESA Newsletter Training

Health and Safety Department




HESA CREATES NETWORKS WITHIN

ACSHW Workers’ Group

Bilbao Agency Workers’ Group

Trade Union experts and activists

Universities researchers, Labour Inspectors, Designers, Physicians, Researchers, Journalists, NGOs etc.

HESA NETWORKING




HESA BOOKLETS Risk estimation for MSDs in machinery design Integrating a user perspective

MSD and work organisation in the European clothing industry

Europe under strain A report on trade union initiatives to combat workplace MSD

Integrating gender in ergonomic analysis Strategies for transforming women's work

Special Report of Newsletter MSD in Europe

Musculoskeletal disorders An ill-understood pandemic



ETUI HESA WEBSITE



Occupational Health and Safety law in the EU

o Principleso Legislationo Transposition and implementationo Evaluation



The EU Context

Every 3.5 minutes, somebody in the EU-27 dies from work-related causes.

Every 4.5 seconds, a worker in the EU-27 is involved in an accident that forces him/her to stay at home for at least three working days.

The number of accidents at work causing three or more days of absence is huge: over 7 million every year.



EU context: work-related fatalities in EU 27

225 million economically active, employment 205 million

167 000 fatalities attributed to work-related accidents and diseases in EU (ILO), within those:

159 500 fatalities attributed to work-related diseases in the EU (ILO)

5 720 fatalities caused by accidents at work (EUROSTAT 87% of workforce, ILO: 7,460 all EU)

74 000 fatalities attributed to hazardous substances at work in the EU (asbestos included)



Key principles of the EU OHS law

European social model

Social and market regulation

Article 118a (138) of the Treaty

The Council shall adopt directives

with minimum requirements



Prevention (proactive rather than retroaktive & compensation)

Hierarchy of prevention measures (next slide)

Employers' responsibility

Continuous improvement (MS)

Health AND safety

Social dialogue & workers' participation (ICP)

Multidisciplinarity of prevention services





HIERARCHY OF PREVENTION MEASURES

Avoid/eliminate the hazards

Evaluate the risks that cannot be avoided

Substitute dangerous by less dangerous

Combat risks at source

Adapt the work to the individual

Adapt to technical progress

Develop a coherent overall prevention policy

Give collective protective measures priority

Give appropriate instructions



An efficient prevention at the Workplace

Participation

Multidisciplinarity

Comprehensiveness

• Comitted employers - Recognize the problem!

• Risk assessment- Assess the risk on participatory basis!

• Hierarchy of preventive measures- Remove the hazard first!

• Technical and organisational measures - Use a feedback from the workplace!

• Social dialogue at the workplace- Talk to and listen to Workers H&S Reps!

• Concerted cooperation of all the actors- Identify, evaluate and combat the risks

using synergy of knowledge and powers!



Art. 100a 95

Establishment and functioning of the

internal market

Directives are binding

Art. 118a 137

Improvement of the working environment

Directives lay down minimum standards

DirectivesStandardisation

Machinery directive

DirectivesRecommendations

Framework directive

Individual directives

Transposition and implementation into national law

Single European Act (1987)

Standardisation



EU legal initiatives

The Council Directive 89/391/EEC

+ 18 individual directives set up the minimum

standards



Using of the work equipment

89/655/EECWork Equipment (2)

89/391/EEC – Framework Directiveon the introduction of measures to encourage improvements

in the safety and health of workers at work

Specific activities

90/269/EECManual Handling of Loads (4)

90/270/EECDisplay Screen Equipments (5)

92/91/EECDrilling (11)

Workplace

89/654/EEC Workplace (1)92/57/EEC

Temporary/Mobile Construction Sites (8)

92/58/EEC Safety and/or Health Signs (9)

92/104/EEC Surface and Underground Mineral-

extracting Industries (12)

93/103/EC Fishing Vessel (13)

1999/92/ECExplosive Atmospheres (15)

Specific group of workers

92/85/EECPregnant and breastfeeding workers and worker who have recently given

birth (10)

Personal protection

89/656/EECPersonal Protective Equipment (3)

Exposure to agents

90/394/EEC Carcinogens (6)

2000/54/ECBiological Agents (7)

98/24/EC Chemical Agents (14)

2000/44/ECVibrations (16)

2003/10/ECNoise (17)

2004/40/ECElectromagnetic Fields (18)

2000/39/ECIndicative occupationalexposure limit values



OHS directives which are not directly under

Framework Directive 89/391/EEC

91/383/EEC Temporary Workers

94/33/ECYoung Workers

93/104/EC2000/34/EC2000/79/EC2002/15/EC

Working Time

1983/477/EC1999/77/EC2003/18/EC

Asbestos



Limited resources Lack of government participation Lack of funds and awareness Missing economic incentives Inadequate infrastructure

EU H&S legislation Implementation in New Member States

HISTORICAL BACKGROUND Time factor Other priorities Social dialogue unnecessary obstacle Need to improve communication



EU H&S legislation - Implementation



EU H&S How it works in the European Union




o European Social Dialogue in OHS



EU Social Dialogue in H&S Constitutional background, Art. 138-139 EC Treaty



From 1986 to 2008: around 50 joint initiatives

5 Framework agreements (all branches) on Parental Leave, 1995 on Part Time Work, 1997 on Fixed Term Contracts, 1999 on Telework, 2000 on Stress at Work, 2005 on Violence at Work, 2007

1 Framework of actions Framework of actions on the lifelong development of competencies and qualifications,

2002

More than 40 Joint recommendations, opinions, compendia of good practices

Bipartite Social dialogue at the EU level




European Tripartite Agencies working with health and safety issues



SCOPE OF CONSULTATIONS

The ACSH is consulted on many of the EC initiatives, and under all circumstances when the EC produces a new directive or revises an existing one.

For instance, the committee was consulted regarding the preparation of the Framework Directive and of every directive subsequently issued in the area of H&S at work

The Advisory Committee on S&H at Work



Collecting and disseminating information in the MS Promoting and supporting cooperation/exchange among the MS

Organizing conferences/seminars and exchanges of experts Supplying the EU bodies and the Member States with information

Establishing and coordinating the networks Collecting and making available information from and to third countries and international organizations

Providing information on methods/tools for implementing prevention

Contributing to the development of the EU action programmes

The European Agency for S&H at Work



European Foundation for the Improvement of Living and Working Conditions

carries out research and development projects

provides data and analyses to inform and support the formulation of EU policy on working and living conditions

has a network of experts throughout Europe research, preparation of case studies and national reports

Foundation monitoring tools:

European Industrial Relations Observatory (EIRO)European Working Conditions Observatory (EWCO) European Restructuring Monitor (ERM) European Monitoring Centre on Change (EMCC)



Where do we go

o Challenges for Community Strategy on H&S at Work



General Context Helth and safety at work is a crucial issue Continuation of a process of improvements in working conditions Lisbon Strategy - competitiveness Longer working life Equality Productivity Well-being

The New EU Strategy (2007-2012)



Developmets and Issues 2002-2006 -17% in fatal accidents and -20% in working

accidents 28% of workers has health problems 35% consider their work as a risk for health Categories of workers/enterprises/branches in higher risk Demographic changes and ageing New work organisation, subcontracting, SMEs Migration Gender New occupational diseases (MSD, infections, psycho-social)




Objectives and Ways A number of accidents (4 mil.) and diseases (costs as a burden

for social systems) must be decreased on 25%: Full implemantation of EU regulations Support for SMEs Better regulation - simplification Changes in behaviour of workers and employers Better risk assessment, new risks Better evaluation of achievements Support of national strategies International cooperation




Support of national strategies

Health surveillance Rehabilitation and reintegration of workers To face social and demographis changes Strenghtening of cohesion of politics




Trade Union position: Strategies should be built around

practical initiatives, clear objectives by identifying action

definitive timetable

boost the resources




Trade Union objections

Main danger: soft approach

Some limited open windows

Strong pressure from DG enterprises and, to a minor extent, DG public health

REACH (from 2007)

Better regulation’ exercise

Broader regulation on labour market (« green book », « flexicurity », working time, etc...)




Thank you for your attention !

[email protected]

DO NOT HESITATE TO VISIT OUR WEBSITE OR

CONTACT ME OR MY COLLEAGUES

hesa.etui-rehs.org/uk

hesa.etui-rehs.org/fr

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