1. EBC in the development of the EU Health and Safety legislation Rome twinning seminar “Under Construction II” 20th March 2009

2. In this presentation The EU legislative process EBC’s stakeholder intervention EU Health and Safety Legislation National differences Conclusions www.eubuilders.org

3. The Legislative Process 1/3 1.EUROPEAN COMMISSION: elaborates, adopts and presents proposal -Commission Services (20.000+ civil servants) draft proposal -27 Commissioners adopt proposal 2.THE EUROPEAN LEGISLATOR: European Council, European Parliament -European Council: national Governments -European Parliament: 785 MEPs representing 492 million citizens Depending on the subject the Council may act without consulting the Parliament -Opinion by Committee of the Regions/Economic and Social Committee www.eubuilders.org

4. The Legislative Process 2/3 3.Adoption of the proposal -The proposal is discussed and amended in the Parliament and in the Council -Agreement between the two institutions -Commission has consultative say 4.Transposition of EU Directives into national legislation - Set time frame - Member States have to adapt their legislation to the directive - MS may add to European Directives (minimum requirements) - Commission in charge of verifying correct transposition www.eubuilders.org

5. National Legislative Process Council Commission Parliament EU The Legislative Process 3/3 Transposition Send national texts to Commission for verification www.eubuilders.org

6. Stakeholder Involvement 1.EUROPEAN COMMISSION -Statutory 2-stage Social Partners Consultation -Direct action by EBC 2.EUROPEAN PARLIAMENT -Direct action by EBC -Action via national Member Organisations 3.EUROPEAN COUNCIL -Action via national Member Organisation -Some direct action by EBC 4.THE NATIONAL LEVEL (during transposition) - National Member Organisations www.eubuilders.org

7. 1.1989 Framework Directive (89/391/EEC) -Sets out basic principals (Employer responsibility, Risk Assessment) -All sectors -Risk Assessment procedure: innovative approach 2.1992 Temporary and mobile construction sites directive (92/57/EEC) -Sets out specific requirements (H&S co-ordinator for every construction project, HS file, on-site worker information) -Sector specific, mainly construction sector European Health and Safety Legislation 1/2 www.eubuilders.org

8. European Health and Safety Legislation 2/2 3.Community Strategy 2007-2012 on Health and Safety at work -Strategic orientations for Community activity until 2012 -Target of reducing occupational accidents by 25% by 2012 -Focus on implementation of existing legislation rather than new texts -Information and Awareness Raising -Focus on SMEs -Social Partner involvement -Lack of direct funding to enterprises for prevention investment 4.Ongoing consultations - Revision of Carcinogens (inclusion of repro-toxins) - Specific directive on musculoskeletal disorders (MSD) www.eubuilders.org

9. National Differences: Risk Assessment 1.Belgium -Profession-specific documentation on existing risks associated to various activities -No standard risk assessment form (discouraged by CNAC) -Responsibility with employer, must prove all possible measures have been taken 2.France -Employer responsibility absolute (all risks) -Professional organisations have created “Document Unique” covering the most important risks. 3.United Kingdom -Employers responsibility limited to risks that are reasonably foreseeable -European Commission has started infringement procedure www.eubuilders.org

10. EBC H&S Working Group Network of H&S experts from EBC Members Meets formally every 6 months Discuss and analyse EU H&S legislation Comparative analysis between Member States Best practice exchange www.eubuilders.org

11. Conclusion Most legislation in the Health and Safety field applicable in the EU comes from Brussels EU representation is essential for any national organisation Non-legislative measures: Network between organisations to improve future legislation and exchange best practice www.eubuilders.org

12. Thank You for your attention ! Riccardo Viaggi Project manager riccardo.viaggi@eubuilders.org www.eubuilders.org