1. Workshop on Evaluation and Reviewing of External Occupational Health and Safety Services TAIEX (INT MARKT 54396) Legislations and Standards on External OSH Services, Comparison of EU countries Ankara, 16 – 17 January 2014 Laurencia Jančurová Taiex expert, Slovak Republic

2. Do we know each other? HEART OF EUROPE Official Country Name: The Slovak Republic Capital: Bratislava, Kosice – the second biggest town, European Capital of Culture and the seat of the National Labour Inspectorate Population: 5, 5 millions Independence: January 1, 1993 (former Czechoslovakia) EU member: since 1 st May 2004

3. 3 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Legislation and Standards ILO Convention concerning Occupational Health Services (ILO No. 161 from 1985) For the purpose of this Convention occupational health services means services entrusted with essentially preventive functions and responsible for advising employers, workers and their representatives in the undertaking on - the requirements for establishing and maintaining a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work; - the adaptation of work to the capabilities of workers in the light of their state of physical and mental health; Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Legislation and Standards ILO Convention concerning Occupational Health Services (ILO No. 161 from 1985) For the purpose of this Convention occupational health services means services entrusted with essentially preventive functions and responsible for advising employers, workers and their representatives in the undertaking on - the requirements for establishing and maintaining a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work; - the adaptation of work to the capabilities of workers in the light of their state of physical and mental health;

4. 4 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services The ILO Member States have a commitment to develop progressively occupational health services for all workers, in all branches of economic activity. According to ILO Convention No. 161, surveillance of the working environment is one of the main tasks of the occupational health services. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services The ILO Member States have a commitment to develop progressively occupational health services for all workers, in all branches of economic activity. According to ILO Convention No. 161, surveillance of the working environment is one of the main tasks of the occupational health services.

5. 5 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Article 14 Health surveillance 1. Workers receive health surveillance appropriate to the health and safety risks they are exposed to. 2. Each worker, if he wishes so, may receive health surveillance at regular intervals. 3. Health surveillance may be provided as part of a national health system. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Article 14 Health surveillance 1. Workers receive health surveillance appropriate to the health and safety risks they are exposed to. 2. Each worker, if he wishes so, may receive health surveillance at regular intervals. 3. Health surveillance may be provided as part of a national health system. EU Framework Directive

6. 6 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Article 15 Risk groups Particularly sensitive risk groups must be protected against the dangers which specifically affect them. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Article 15 Risk groups Particularly sensitive risk groups must be protected against the dangers which specifically affect them. EU Framework Directive

7. 7 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Occupational Health Services Convention, 1985 (No.161) has been ratified in Slovakia on 18 August 1988 The national regulations that determine obligations and functions of competent external services or persons enlisted by employer to ensure the safety and health of workers are: Act No. 124/2006 Coll., on Occupational Safety and Health Protection and on amendment of certain acts as amended Act No. 355/2007 Coll. on Protection, Support and Development of Public Health and on amendment and supplement to certain acts as amended Regulation of the Slovak Republic Government on the way of further education of health workers, the framework of specialised branches and the framework of certified work activities as amended. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Occupational Health Services Convention, 1985 (No.161) has been ratified in Slovakia on 18 August 1988 The national regulations that determine obligations and functions of competent external services or persons enlisted by employer to ensure the safety and health of workers are: Act No. 124/2006 Coll., on Occupational Safety and Health Protection and on amendment of certain acts as amended Act No. 355/2007 Coll. on Protection, Support and Development of Public Health and on amendment and supplement to certain acts as amended Regulation of the Slovak Republic Government on the way of further education of health workers, the framework of specialised branches and the framework of certified work activities as amended.

8. Slovak Implementation The OSH Act (124/2006): Preventive and protective services are provided to the employer, that is obliged to ensure them for all employees, to ensure prevention of risks including psycho-social risks, and with protection against risks. The employer is obliged to appoint professionals for providing occupational health service, or he can hire an external one. The occupational health service has to be appropriately equipped with the necessary technical and instrumental installations. The legal entity may, as a contracted supplier, only provide occupational health service when holding a certificate issued by the Office for Public Health of the Slovak Republic.

9. Occupational Health Service - competence The tasks of the OHS are executed by a team of professional healthcare workers qualified for the performance of the occupational health services. The OHS may also be performed individually by a physician specialised in occupational health-care, preventive occupational health-care and toxicology, occupational health service and public health or public health professional specialised in occupational health for employers with whom they sign a contract. Such persons have to have a written notification issued by the Public health authority.

10. 10 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services SLIC Knowledge Sharing Site (KSS) - easy way how to ask question and exchange the OSH information The SLIC-KSS site - developed by the Committee of Senior Labour Inspectors (SLIC) to improve methods of exchanging information between European labour inspectorates. The site is open to the labour inspectorates of the 28 European member states, and the States of the European Free Trade Association (EFTA). The information is mostly used to improve the legislation of MSs. The working language of the SLIC-KSS site is English. Information is published in English, questions and answers are formulated by all member states in English. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services SLIC Knowledge Sharing Site (KSS) - easy way how to ask question and exchange the OSH information The SLIC-KSS site - developed by the Committee of Senior Labour Inspectors (SLIC) to improve methods of exchanging information between European labour inspectorates. The site is open to the labour inspectorates of the 28 European member states, and the States of the European Free Trade Association (EFTA). The information is mostly used to improve the legislation of MSs. The working language of the SLIC-KSS site is English. Information is published in English, questions and answers are formulated by all member states in English.

11. 11 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services KSS – questions about protective and preventive services We asked 4 questions and we have received 10 replies from the following member states: Belgium, Bulgaria, Cyprus, Finland, Netherlands, Ireland, Latvia, Poland, Austria and Romania + Norway. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services KSS – questions about protective and preventive services We asked 4 questions and we have received 10 replies from the following member states: Belgium, Bulgaria, Cyprus, Finland, Netherlands, Ireland, Latvia, Poland, Austria and Romania + Norway.

12. 12 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 1.How are in your country ensured the general requirements on protective and preventive services for safety and health at work set by the article 7 of the Council Directive 89/391/EEC? Some of the answers: In Norway companies with less than 10 employees do not have to have a nominated safety representative, they may agree in writing another scheme. They have regional safety representatives (mainly for building and construction, hotels, restaurants and cleaning services). Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 1.How are in your country ensured the general requirements on protective and preventive services for safety and health at work set by the article 7 of the Council Directive 89/391/EEC? Some of the answers: In Norway companies with less than 10 employees do not have to have a nominated safety representative, they may agree in writing another scheme. They have regional safety representatives (mainly for building and construction, hotels, restaurants and cleaning services).

13. 13 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services In Poland in companies with less than 10 employees and in companies with less than 20 employees, which belong to the lower risk category (financial and insurance services, travel agencies and tourism-related booking services), under the set conditions the service can be performed by an employer himself. 2. Is this field of protection of occupational health of employees regulated also by your national provisions / regulations? All 10 replies were positive. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services In Poland in companies with less than 10 employees and in companies with less than 20 employees, which belong to the lower risk category (financial and insurance services, travel agencies and tourism-related booking services), under the set conditions the service can be performed by an employer himself. 2. Is this field of protection of occupational health of employees regulated also by your national provisions / regulations? All 10 replies were positive.

14. 14 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 3. Are the employers in your country obliged in term of the ILO Convention No. 161/1985 (Occupational Health Services Convention No. 161) to provide all their employees with the performance of protective and preventive services by means of the occupational health service? All replies were positive except for Ireland and Norway where occupational health service is not obligatory for all employers. In Ireland there is no requirement on employers to provide employees with occupational health service. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 3. Are the employers in your country obliged in term of the ILO Convention No. 161/1985 (Occupational Health Services Convention No. 161) to provide all their employees with the performance of protective and preventive services by means of the occupational health service? All replies were positive except for Ireland and Norway where occupational health service is not obligatory for all employers. In Ireland there is no requirement on employers to provide employees with occupational health service.

15. 15 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 3. Are the employers in your country obliged in term of the ILO Convention No. 161/1985 (Occupational Health Services Convention No. 161) to provide all their employees with the performance of protective and preventive services by means of the occupational health service? In Norway the obligation results from a risk analysis (increased risk, specific economic sectors set in a regulation). Not all MS that have replied, have ratified the convention, e. g. Cyprus, Romania, and Norway have not. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 3. Are the employers in your country obliged in term of the ILO Convention No. 161/1985 (Occupational Health Services Convention No. 161) to provide all their employees with the performance of protective and preventive services by means of the occupational health service? In Norway the obligation results from a risk analysis (increased risk, specific economic sectors set in a regulation). Not all MS that have replied, have ratified the convention, e. g. Cyprus, Romania, and Norway have not.

16. 16 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 4. In case that the occupational health and safety are not regulated by the same authority, please let us know. (We are aware this is the case of the Czech republic and Romania). OSH is regulated in all member states we have received the reply from one authority; in Romania the Ministry of Labour, Family and Social Protection is in charge of OSH, the Ministry of Health is in charge of monitoring the workers´ health. Slovakia – 2 authorities Ministry of Health – Public Health Authority Ministry of Labour and Social Affairs – National Labour Inspectorate Workshop on Evaluation and Reviewing of External occupational Health and Safety Services 4. In case that the occupational health and safety are not regulated by the same authority, please let us know. (We are aware this is the case of the Czech republic and Romania). OSH is regulated in all member states we have received the reply from one authority; in Romania the Ministry of Labour, Family and Social Protection is in charge of OSH, the Ministry of Health is in charge of monitoring the workers´ health. Slovakia – 2 authorities Ministry of Health – Public Health Authority Ministry of Labour and Social Affairs – National Labour Inspectorate

17. 17 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Lithuania asked (30/01/2013) similar questions related to ILO Convention 161/1985: Q 1: Has the ILO Convention 161/1965 been ratified by your country ? If yes, when? Q 2: Do you have any national regulations that determine obligations and functions of competent external services or persons enlisted by employer to ensure the safety and health of workers ?

18. 18 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Ratification of ILO Convention 161/1985 Austria – noBelgium – 2007 Bulgaria – 2011 Cyprus – no Denmark – noEstonia – no Finland – 1987France – no Greece – no Ireland – no Latvia – noNetherlands – no Poland – 2004Portugal – no Former Czechoslovakia – 1988Slovenia – no Sweden – 1986United Kingdom – no

19. 19 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services National regulations determining obligations and functions of external services/ persons ensuring the safety and health of workers They are in all EU member countries. Bulgaria - The OSH Services can be provided by the employer himself or the employer can have a contract with an external provider (OSH Act) Cyprus - Regulations of 2002 prescribe that all external services or persons enlisted by an employer have to provide preventive and protective measures for OSH issues must obtain the prior approval of the Chief Inspector (Director of the Department of Labour Inspection of the Ministry of Labour and Social Insurance). Workshop on Evaluation and Reviewing of External occupational Health and Safety Services National regulations determining obligations and functions of external services/ persons ensuring the safety and health of workers They are in all EU member countries. Bulgaria - The OSH Services can be provided by the employer himself or the employer can have a contract with an external provider (OSH Act) Cyprus - Regulations of 2002 prescribe that all external services or persons enlisted by an employer have to provide preventive and protective measures for OSH issues must obtain the prior approval of the Chief Inspector (Director of the Department of Labour Inspection of the Ministry of Labour and Social Insurance).

20. 20 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Finland - the Occupational Health Care Act 1383/2001 www.finlex.fi/fi/laki/kaannokset/2001/en20011383.pdf France - regulations are very similar to the Convention No161/1985. OHS services must obtain an permission. Labour administration issue permissions for 5 years after obtaining positive inspector’s statement. Greece - national regulations include qualifications (minimum academic standard, specialisation, relevant experience, minimum working time (depending on the risk category and the number of employees), consultative competences for safety engineers and occupational physicians, supervision of working conditions (safety engineer) and workers health surveillance (occupational physicians). Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Finland - the Occupational Health Care Act 1383/2001 www.finlex.fi/fi/laki/kaannokset/2001/en20011383.pdf France - regulations are very similar to the Convention No161/1985. OHS services must obtain an permission. Labour administration issue permissions for 5 years after obtaining positive inspector’s statement. Greece - national regulations include qualifications (minimum academic standard, specialisation, relevant experience, minimum working time (depending on the risk category and the number of employees), consultative competences for safety engineers and occupational physicians, supervision of working conditions (safety engineer) and workers health surveillance (occupational physicians).

21. 21 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services United Kingdom - Regulations 1999 require employers to appoint one or more competent persons to assist with H&S duties. Competent person - one who has the necessary skills, knowledge and experience to manage H&S. It can be the employer or a member of staff, who meets the required criteria. H&S professionals who might be employed by others as competent persons are not regulated by law. Most are members of professional bodies, which are responsible for ensuring that they have the relevant qualifications, knowledge and expertise to meet the standards set by those bodies. There is a voluntary register for OSH professionals which allows employers to identify consultants who have complied with the high qualification standards of a recognised professional body, to manage H&S for their business. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services United Kingdom - Regulations 1999 require employers to appoint one or more competent persons to assist with H&S duties. Competent person - one who has the necessary skills, knowledge and experience to manage H&S. It can be the employer or a member of staff, who meets the required criteria. H&S professionals who might be employed by others as competent persons are not regulated by law. Most are members of professional bodies, which are responsible for ensuring that they have the relevant qualifications, knowledge and expertise to meet the standards set by those bodies. There is a voluntary register for OSH professionals which allows employers to identify consultants who have complied with the high qualification standards of a recognised professional body, to manage H&S for their business.

22. 22 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Occupational health services Czech Republic - Act on Protection of public health and the Labour Law. Specialized OH services are based on legislation and provided by certified OH physicians or centres. Costs are covered by employers. Estimation of Ministry of Health - it covers app. 15 – 45 % of workers (according to the sector), excluding self-employed. Entry medical check ups according to the legislation: - young workers (regardless of type of job) according to the Labour Law - work at night - risky work Regular preventive medical check ups – professional drivers and workers who can jeopardise other persons´ health. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Occupational health services Czech Republic - Act on Protection of public health and the Labour Law. Specialized OH services are based on legislation and provided by certified OH physicians or centres. Costs are covered by employers. Estimation of Ministry of Health - it covers app. 15 – 45 % of workers (according to the sector), excluding self-employed. Entry medical check ups according to the legislation: - young workers (regardless of type of job) according to the Labour Law - work at night - risky work Regular preventive medical check ups – professional drivers and workers who can jeopardise other persons´ health.

23. 23 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services OSH services in Spain Since 1995 - 3 different forms: internal service, external service or joint service. Only enterprises with more than 500 workers or those belonging to risk sector and having more than 250 workers are obliged to set up an internal service that includes at least two of the following four disciplines: occupational medicine, occupational safety, occupational hygiene, ergonomics and applied social psychology. With the exception of enterprises with less than 6 workers, where the person in charge can be responsible for prevention activities not falling within occupational medicine, all enterprises must refer to one or more external service(s) if internally they do not have the experts for carrying out prevention missions and tasks. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services OSH services in Spain Since 1995 - 3 different forms: internal service, external service or joint service. Only enterprises with more than 500 workers or those belonging to risk sector and having more than 250 workers are obliged to set up an internal service that includes at least two of the following four disciplines: occupational medicine, occupational safety, occupational hygiene, ergonomics and applied social psychology. With the exception of enterprises with less than 6 workers, where the person in charge can be responsible for prevention activities not falling within occupational medicine, all enterprises must refer to one or more external service(s) if internally they do not have the experts for carrying out prevention missions and tasks.

24. 24 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Slovakia - the obligations and functions of competent external services or persons determine 2 Acts (OSH protection and Protection, support and development of public health). External services – represented by: safety technicians/authorised safety technicians and medical service - their certification and authorisation – details in separate presentations. Workshop on Evaluation and Reviewing of External occupational Health and Safety Services Slovakia - the obligations and functions of competent external services or persons determine 2 Acts (OSH protection and Protection, support and development of public health). External services – represented by: safety technicians/authorised safety technicians and medical service - their certification and authorisation – details in separate presentations.

25. 25 Workshop on Evaluation and Reviewing of External occupational Health and Safety Services I guess you might have some good questions Workshop on Evaluation and Reviewing of External occupational Health and Safety Services I guess you might have some good questions

26. Laurencia Jančurová, Slovak Republic e-mail: laurencia.jancurova@ip.gov.sk Workshop on Evaluation and Reviewing of External occupational Health and Safety Services