European policies and directives on occupational health and safety

1. European policies and directives on occupational health and safety European Trade Union Institute

2. Viktor Kempa vkempa@etui.org • 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

3. 4 Questions at the beginning • 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. Contents • ETUI & HESA • OHS law in the EU • European Social Dialogue in OHS • European tripartite OHS agencies • Challenges for the Community Strategy • What is on trade unioçn agenda • Framework Directive 89/391/EEC & 18 individual Directives

5. European Trade Union Confederation 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

6. European Trade Union Institute • 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

7. European Trade Union Institute Who are we? • ► 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 www.etui.org

8. European Trade Union Institute • 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 www.etui.org

9. Health and Safety Department http://hesa.etui.org/uk • 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

10. 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 http://hesa.etui.org/uk

11. HESA NETWORKING • 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. http://hesa.etui.org/uk

12. 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

13. ETUI HESA WEBSITE

14. Occupational Health and Safety law in the EU • Principles • Legislation • Transposition and implementation • Evaluation

15. 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.

16. 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)

17. 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

18. 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 Key principles of the EU OHS law

19. Key principles of the EU OHS law • 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

20. An efficient prevention at the Workplace • 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 therisks using synergy of knowledge and powers! Participation Multidisciplinarity Comprehensiveness

21. Single European Act (1987) 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 Directives Standardisation Machinery directive Directives Recommendations Framework directive Individual directives Standardisation Transposition and implementation into national law

22. EU legal initiatives The Council Directive 89/391/EEC + 18 individual directives set up the minimum standards

23. 89/391/EEC – Framework Directive on the introduction of measures to encourage improvements in the safety and health of workers at work Using of the work equipment 89/655/EEC Work Equipment (2) Specific group of workers 92/85/EEC Pregnant and breastfeeding workers and worker who have recently given birth (10) Specific activities 90/269/EEC Manual Handling of Loads (4) 90/270/EEC Display Screen Equipments (5) 92/91/EEC Drilling (11) Personal protection 89/656/EEC Personal Protective Equipment (3) Exposure to agents 90/394/EEC Carcinogens (6) 2000/54/EC Biological Agents (7) 98/24/EC Chemical Agents (14) 2000/44/EC Vibrations (16) 2003/10/EC Noise (17) 2004/40/EC Electromagnetic Fields (18) 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/EC Explosive Atmospheres (15) 2000/39/EC Indicative occupational exposure limit values

24. OHS directives which are not directly under Framework Directive 89/391/EEC 94/33/EC Young Workers 91/383/EEC Temporary Workers 1983/477/EC 1999/77/EC 2003/18/EC Asbestos 93/104/EC 2000/34/EC 2000/79/EC 2002/15/EC Working Time

25. EU H&S legislation Implementation in New Member States • HISTORICAL BACKGROUND • Time factor • Other priorities • Social dialogue unnecessary obstacle • Need to improve communication • Limited resources • Lack of government participation • Lack of funds and awareness • Missing economic incentives • Inadequate infrastructure

26. EU H&S legislation - Implementation

27. EU H&S How it works in the European Union

28. Occupational Health and Safety law in the EU • European Social Dialogue in OHS

29. EU Social Dialogue in H&SConstitutional background, Art. 138-139 EC Treaty

30. 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

33. Occupational Health and Safety law in the EU European Tripartite Agencies working with health and safety issues

34. The Advisory Committee on S&H at Work 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

35. The European Agency for S&H at Work Collecting and disseminating information in the MS Promoting and supporting cooperation/exchangeamong 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

36. 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)

37. Where do we go • Challenges for Community Strategy on H&S at Work

38. 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)

39. 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) The New EU Strategy (2007-2012)

40. 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 The New EU Strategy (2007-2012)

41. Support of national strategies Health surveillance Rehabilitation and reintegration of workers To face social and demographis changes Strenghtening of cohesion of politics The New EU Strategy (2007-2012)

42. The New EU Strategy (2007-2012) Trade Union position: Strategies should be built around practical initiatives,clear objectives by identifying action definitive timetable boost the resources

43. 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...)‏ The New EU Strategy (2007-2012)

44. Thank you for your attention ! DO NOT HESITATE TO VISIT OUR WEBSITE OR CONTACT ME OR MY COLLEAGUES hesa.etui-rehs.org/uk hesa.etui-rehs.org/fr vkempa@etui.org