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Health and Safety in Belgium. Construction. ABC of the law “Well-being at work”. What is meant by well-being?. Safety at work Protection of the workers’ health at work Psychosocial pressure caused by work Ergonomics Hygiene at work Embellishment of the workplaces
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Health and Safety in Belgium Construction CSC-BI Service Formation
ABC of the law “Well-being at work” CSC-BI Service Formation
What is meant by well-being? • Safety at work • Protection of the workers’ health at work • Psychosocial pressure caused by work • Ergonomics • Hygiene at work • Embellishment of the workplaces • Moral and social harassment and violence • Environmental measures taken by the company CSC-BI Service Formation
This legislation is meant for whom? • WORKERS • otherwise than under employment contract • vocational training • articles of apprenticeship • trainees • pupils and students • EMPLOYERS CSC-BI Service Formation
Responsabilities of the parties involved • Employers : • 1st responsible of « Well-being at work » (accident, ill) • He must scan his company to see what and where are the risks + plan the needed mesures to prevent risks and to protect the workers (Global Plan of Prevention = GPP) • He must applicate the GPP and take all needed mesures • Workers : • By his behaviour, he can not deliberately be dangereous for him and for the others workers CSC-BI Service Formation
Determination of risks Personnel Implementation of regulation Elimination or limitation of risks Hierarchy Assessment of remaining risks External services: Inspection services ESTC Fund industrial accidents Welfare fund Fire brigade Insurance company Information Documentation Employer Information, instructions, training Committee PP or Shop stewards’ committee Collective protection Personal protection ISPP ESPP Damage repair Prevention strategy
Global plan of prevention • What does it say? • Results of the risk assessment • Prevention measures to be taken • Goals to achieve with priority • Actions to be taken in order to achieve goals CSC-BI Service Formation
The annual plan of action • What does it say? • The goals to be achieved with priority during the next working year • The means and the methods necessary to achieve the goals • The assignments, duties and means of the persons involved • The adjustments to be made to the global plan of prevention CSC-BI Service Formation
How to do that ? • Help of experts in « Well-being » and consultation of the workers • Service PP composed of • Internal Service PP (Who inside the company can help to manage the PP ?) • External Service PP (The help which does not exist inside the company (agreed services) • All the aspects of Well-being must be managed by one of these two services (ISPP –ESPP) • Role of the services: risks assessment, advice and planning to reduce the risks • Responsability ??? CSC-BI Service Formation
Internal service PP: composition • Each employer has an internal service PP • Multidisciplinary approach • Number of obligatory internal and external tasks • A prevention advisor safety at work must always be present • If internal medical surveillance: a distinct department medical surveillance with a prevention advisor (occupational health specialist) at the head of it • if necessary, administrative staff and medical relief workers CSC-BI Service Formation
The external service PP: structure and composition • Division risk control: • prevention advisors for the 5 disciplines; • support staff; • work under the responsibility of an engineer. • Division medical surveillance: • prevention advisors (occupational health specialists); • paramedical and administrative staff. CSC-BI Service Formation
Role of prevention advisor • Advise the employer on the best « well-being » in the company • Analyse the risks at work and during working hours • Help to plan the GPP and APP • Search for solutions to eliminate or reduce risks • See to the application of the decided mesures • Conduct the CPPW CSC-BI Service Formation
What is the CPPW ? • Joint consultative body at company level • Employer representatives • Workers’ representatives • Chairman: employer • Secretary: prevention advisor of the internal service PP • Any other prevention advisors of the internal and external service PP CSC-BI Service Formation
Meetings of the CPPW • At least once a month in the company (technical operating unit or TOU) • Meeting time = working time • Agenda • Summons • Minutes • Taking decisionsRight to preliminary meeting • Right to invite experts • Replacement of a member of the CPPW • Information to the personnel • By-laws CSC-BI Service Formation
Competences of the CPPW • Basic competences • General Health and Safety Regulation (ARAB-RGPT) or CODEX • Task for the CPPW • Obligation of secrecy • Prevention policy • Tracing of risks • Measures for the promotion of prevention • Specific tasks • Working environment • Internal service PP • External service PP • Environment • … CSC-BI Service Formation
Information and tools • Information • Monthly information • Yearly information • Occasional information • Documentation • Brochures • External sources of information CSC-BI Service Formation
Building sector CSC-BI Service Formation
Principle • As in the other sectors (Law of « Well-being ») • But problems of coordination between the different companies which work on the same building site law « coordination » New actors : coordinators CSC-BI Service Formation
Coordination : Historic • 1992: European Directive « Temporary or Mobile Construction sites… » • 4/8/96: Law on Well-being • 25/1/01: Royal decree on Temporary or Mobile Construction sites… » CSC-BI Service Formation
When is coordination obligatory ? • If only 1 company only safety regulations applicable to any building site (No obligation of coordination) • If more than 1 company working simultaneously or successively safety regulations applicable to any building site+ Coordination is obligatory • Si 1 seul entrepreneur règles de sécurité propres à tout chantier uniquement (PAS DE COORDINATION OBLIGATOIRE) • Si plus d’1 entrepreneur travaillant simultanément ou successivement règles de sécurité propres à tout chantier + OBLIGATION de faire de la CCORDINATION
To what does coordination refer to ? CSC-BI Service Formation
Before the realization of the building project, as from the draft project • Designation of a coordinator-project, • Preliminary notification, • Elaboration of the plan of safety-health (PSH) CSC-BI Service Formation
During the realization of the project • Designation of a coordinator-realization, • Setting-up of the coordination structure • Elaboration of the coordination journal (CJ) During later intervention • Consultation and adaptation of the FLI (File of later interventions) CSC-BI Service Formation
Coordination instruments • Plan of Safety and Health (PSH) • Coordination Journal (CJ) • File of later intervention (FLI) • Coordination structure (SC) • Preliminary notification (PN) CSC-BI Service Formation