Advancing OSH Legislation: Foundations, Evolution, and Future Scope

1. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Workshop on "How to make modern legislationon occupational safety and health" Tirana 20-22 June 2012 New Approach of EU in Occupational Safety and Health Ivan Majer Component Coordinator

2. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Labour is a human activity, which has formed his evolution Labour can ennoble a man - - but it can degenerate him, as well

3. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania HISTORY OF LEGISLATION If a builder build a house and the building is not steady enough and falls down and kills an owner of the house, than the builder shall be killed. If a son of the house owner is killed by the accident, than a son of builder shall be killed. If a slave is killed, the builder shall give a slave of the same value to the owner of the house. If any property is destroyed, everything must be compensated and the builder must build a new house on his own expenses. If any wall falls down, the builder shall build it again on his own expenses.

4. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania HISTORY OF THE OSH LEGISLATION England 1802: Factory Act: Morals of Health (Children from 9 to 13 years – working time 8 hours, from 14 to 18 years – 12 hpurs) 1844: Factory Act (reduced working time of children from 9-13 years to 6 hrs) Austria-Hungary: 1854: Safety at work in mines1859: The Trades Licensing Act – obligation of OSH protection 1883: Labour Inspection Act1893: Act on Protection of Workers 1919 : Establishment of ILOInternational Labour organisation International standards of laboru protection.

5. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania HISTORY OF OSH LEGISLATION IN EU Why harmonisation of legislation over the all EU countries? Equal rules to ensure functioning of the single market and bringing down barriers inhibiting 4 economic freedoms: the free movement ofgoods, people, services and capital. 1957 Trety of Roma: requirement for harminisation in all areas By the year 1985, more than 300 OSH Regulations were adopted - strict requirements in details- barriers for implementation of new results of science and technology - imposibility to have overview what duties are required End of 80-ties: Canceling of all 300 OSH regulations 1986: Article 118a on minimum OSH requirements Article 110 a on maximum OSH requirements

6. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania PRINCIPLES OF STRUCTURE OF NEW OSH LEGISLATION The First level: Framework DirectiveWhat is required; Tools The Second level: Individual DirectivesHow it shall be fulfilled The Third level: Non Binding Guidelines and/or StandardsDetails of measures Two packages of OSH Legislation Working (for employers) Technical (for designers and producers)

7. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Technical Directive 89/392/EEC (98/37/EEC) Machinery directive (2006/42/EC) Framework Directive 89/391/EEC minimum OSH requirements Art. 137/138 (118a) of Rome Treaty maximum OSH requirements Art. 95 (100a) of Rome Treaty Individual Directives: Individual Directives: Directive 87/404/EEC Directive 89/655/EEC 2009/104/EC Acquis communautaire Directive 89/654/EEC Directive 73/23/EEC Directive 98/37/EC Directive 89/656/EEC Directive 90/269/EEC Directive 97/23/EC ….. etc. (19) ….. etc. (27)

8. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania NEW APPROACH IN OSH Occupational safetyand health means more thanfulfilment of legal obligations. It means an active role of employer is required in prevention based on following principles: Wellbeing • to perform measures with a view toall circumstances relating to work • to identify what can harm people; to identify hazardsand assess risks • to co-operate with employees in OSH and involve them. Safety Health Welfare

9. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Why changes? • As the world of labour is changing, the OSH approachhas to be changed, too. • OSH has a significant economic influencefor a company, countryand a community, directly influences economic growth. • OSH protection has become a criterion of competitiveness and reliability of a company. PROFIT

10. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania What actually has been changed? 1. philosophy of prevention, 2. philosophy of workers protection, 3. philosophy OSH enforcement

11. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania • Preventing of shortcomings occurrence, it means to make necessary measures so as shortcomings do not occur at all • Risk assessment, it means the ability to identify and evaluate things which can give rise to accidentor other damage for persons, environment or property, • Taking into account the human factor,it means to be targeted not only on technical safety, but mainly preventing of human mistakes • System approach, it means an implementation of system tools, such as OSH policy, risk assessment, communication, education and control system, continual improvement etc. • Two steps – on the one hand to make all possible measures so that ineligible incident does not occur and on the other hand to prepare for eventuality that the incident will occur

12. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Prevention means to admit no shortcomings Example of health understanding What do we expect of a medical doctor? ...to treat us, when we are ill... In Old China, if the Imperator became ill ... ... his doctor was put to death

13. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania (Framework Directive) • Prevention of occupational risks and hazards, • Evaluation of risks that are impossible to be prevented, • Fighting with risks at their source, • To choose work equipments, working and production methods to make the work suitable for the employees, • Adapting to technical developments, • Replacing the dangerous techniques with safe ones or less dangerous ones, • Building general policies on OSH. • Prioritizing the collective measures over the individual protection measures, • Giving appropriate instructions to employees,

14. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania What does risk assessment mean? It is a method that discover the sources of possible dangerous situations and unwanted occurrence, analyse them, assess them and provide guidance for the adoption of appropriate measures • AXIOMS: • Absolute safety does not exist, zero risk does not exist • Safety is the stage, when the risk is acceptable • Bounds of acceptability are not strictly defined

15. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Recommend. of employees Risk assessment by teams Technical documentation Accident investigation Collection of information about risks Risk Management Database of risks Feedback Dissemination of information Emergency planning Trainers Employees Managers

16. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania – Taking into account all circumstances relating to work, it means not only safety and health, but also wellbeing and welfare, working conditions,social protection, comfort, psycho social factors, interhuman relations, stress aspects, load, etc..,„HOLISTIC“ APPROACH Working conditions Cleanliness, hygiene Human relations Harmful factors Accident prevention – All employees involvement into OSH management, it means to enable workers to participate at OSH problems, to discuss with them in advance all questions relating to work, working conditions and organisation. WELLBEING Social equipment Technical safety LABOURPROTECTION SAFETY HEALTH Recondition Technology safety Healthprevention WELFARE Major hazard prevention Working relations Disabled workers Social insurance Wages

17. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania • - Advise and consulting, campaigns and promotion programmes it is concerning not only labour inspection but also the activities of safety technicians in enterprises. It is important to support an awareness and to change the attitude of persons relating to OSH • Culture of labour enforcement it means not only „cultural working environment“ but also discipline in observations of OSH rules responsibility, interest and positive understanding of protection needs • Wide understanding of education role which is not limited just by training performance, but it continues by everyday commanding of observance of rules, by control, inspection, consistence and leadership by example • Enforcement of good practice it means to collect and implement information about procedures and good practices, which have beenidentified as effective • - Financial motivation It is important inside a company. Managers have to know, that the same activities leading to the good safety and health at work and to the improvement of working conditions; they lead at the same time to the improvement of productivity, effectiveness and quality of the work itself. Good practice should be rewarded

18. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania SYSTEM ELEMENTS Company OSH policy Measures for improvement Participation of workers OSH POLICY Evaluation MEASURES FOR IMPROVEMENT »»» continual improvement »»» Risk assessment Inspection and controls PLANNING OSH policy programme CONTROL AND EVALUATION Accident investigation Emergency measures ORGANISATION Organisational structure and responsibilities Management of changes Education, work ability Communication Documentation

19. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania – seeking shortcomings and dictating measures adoption for their elimination, – inability to predict (what can happen), – reluctance to analyse (what can abort), – measures to prevent shortcomings are not adopted in advance, – system tools implementation is often just formal, – risk assessment is a „closed book“, – results of risk assessment are not implemented to everyday workorganisation and training system, – workers participation at OSH issues is ignored, – specific approach to small enterprises is missing New legislation shall create conditions for implementation of new OSH philosophy!

20. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania

21. Project funded by European Union Project implemented by International Labour Organisation EU IPA 2010 Project on Human Resources Development in Albania Ju Faleminderit për Vëmendjen! Ivan MAJER majer@ilo.org Ivan.majer.kosice@gmail.com