perc nis health and safety meeting brussels, december 14 th, 2009 [email protected] (2009) european...
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[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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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]
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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.
European Trade Union Institute
www.etui.org
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
► 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
European Trade Union Institute
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
European Trade Union Institute
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
http://hesa.etui.org/uk
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
http://hesa.etui.org/uk
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
ETUI HESA WEBSITE
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
Occupational Health and Safety law in the EU
o Principleso Legislationo Transposition and implementationo Evaluation
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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.
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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!
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
EU legal initiatives
The Council Directive 89/391/EEC
+ 18 individual directives set up the minimum
standards
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
EU H&S legislation - Implementation
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
EU H&S How it works in the European Union
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
Occupational Health and Safety law in the EU
o European Social Dialogue in OHS
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
EU Social Dialogue in H&S Constitutional background, Art. 138-139 EC Treaty
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
Occupational Health and Safety law in the EU
European Tripartite Agencies working with health and safety issues
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
Where do we go
o Challenges for Community Strategy on H&S at Work
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
Trade Union position: Strategies should be built around
practical initiatives, clear objectives by identifying action
definitive timetable
boost the resources
The New EU Strategy (2007-2012)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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)
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[email protected] (2009)PERC NIS Health and Safety Meeting
Brussels, December 14th, 2009
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