1. Labour Inspection on Psychosocial Risks in Europe
Manuel Velázquez
Spanish Labour Inspectorate
Malta, September 2nd and 3rd – ETUI Seminar

2. Index
Preface: ILO Project to elaborate guidelines on Psychosocial Risks for Labour Inspectors (2014)
Role of Labour Inspectors: enforce legislation
What is the applicable legislation on psychosocial risks?
Models and competences of Labour Inspectorates
Tools developed for inspection
Balance of the SLIC European Campaign 2012
How to improve: suggestions on critical points
Collaboration

3. Preface: ILO Project It was an ILO initiative (LABADMIN) in 2013
A working group was set up with Labour Inspectors from seven European countries: Norway, Denmark, Belgium, Ireland, France, Italy and Spain
The last draft was concluded at the end of 2014
ILO will decide about its publication

4. Role of Labour Inspectors: Enforce labour legislation
ARTICLE 3 OF 81 ILO CONVENTION
Secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work
In some countries also the enforcement of collective agreements with general effects
Supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions;
Inspectors do not execute legislation. They help on how to do it to employers and workers
Inspectors do not advise about non-legal provisions (voluntary rules) not relating to legislation

5. Legislation on psychosocial risks
Have a legal concept
The complex structure of psychosocial risks
Applicable legislation

6. Have a legal concept
Key point: the employer’s liability relating to the exposure to psychosocial risks in the job context within the employer’s powers of management
Outside the employer’s liability: workers’ personal health conditions and private life context
The best reference is the Belgian definition (Act )
Psychosocial risks at work shall mean the probability that one or more worker(s) suffer(s) a psychological damage, which can also be accompanied by physical damage, resulting from exposure to some elements of the work organisation, job content, working conditions, living conditions at work and interpersonal relationships at work, on which the employer has an influence and which objectively involve a danger”

7. Structure of psychosocial risks
FINAL EFFECTS
Psychological, physical and behavioural disorders
Deep rooted organizational problems
FACTORS
Job demands
Work-life balance
Relationships
Support
Violence
Traumatic events
Etc.
MAIN
CONSEQUENCES
Stress
Violence
Burnout
Fatigue
Organizational problems

8. Interferences Workplace Health Promotion Human Resources Management
Psychosocial Risk Management
Improvement of workers’ health (at work and out of work)
Improve workers’ productivity
Protection of workers’ safety and health in the workplace
Voluntary basis
Legal Requirement

9. Applicable legislation
STAGES
LEGISLATION
FACTORS (Prevention)
OSH legislation
CONSEQUENCES
OSH legislation /
Labour Rights
EFFECTS
Compensation rules (social security, etc.)

10. ENFORCEMENT OF LEGISLATION ON PSYCHOSOCIAL CONSEQUENCES
ASPECTS
Work-related stress
Violence (bullying and third-party), Working Time, Discrimination
Restructuring
Job insecurity
New forms of contracts
Salaries
APPLICABLE LAW
OSH law
OSH and/or
Labour law
Industrial Relations Law and OSH in a complementary manner (EP Resolution 2013)
GROUP 1
GROUP 2
GROUP 3

11. Models of Labour Inspectorate in Europe
SAFETY AND HEALTH
WORK ENVIRONMENT / WELLBEING
LABOUR (GENERALIST) UK
Ireland
Norway
Denmark
Belgium (in network)
Italy
France
Spain
Stress
Third – Party Violence
Bullying (Ireland)
There’s another inspectorate for employment conditions
Violence (bullying, sexual harassment)
Working time
Restructuring
OSH: Psychosocial risks (Violence and Stress. In Italy only stress)
Labour law: equal treatment, right to dignity, privacy, working time, restructuring, contracts, salaries, etc.

12. COMPETENCES OF LABOUR INSPECTORS ON PSYCHOSOCIAL RISKS
IRL NO DK BE IT FR ES
STRESS X
BULLYING
THIRD PARTY VIOLENCE
SEXUAL HARASMENT
WORKING TIME
RESTRUCTURING
Ad.
SALARIES
EQUAL TREATMENT
DRUGS
MOBILITY
SS Bonus

13. Prosecution Improvement Notice / Penal Procedure Both
Administrative Procedures
Improvement Notice and
Penal Procedure
Prosecutors decide whether a penal procedure should be initiated
Improvement Notice and/or
Administrative Fines UK
Ireland
Nordic Countries
Italy
Belgium
The Netherlands
Austria
Germany
Spain
France
Portugal

14. Inspections Actions: Proactive / Reactive
Information
Complaints on bullying / harassment:
Horizontal: Nordic countries – Check Internal Procedures
Vertical: Southern countries – Employer’s liability
Risk Assessment
(SLIC Campaign 2012)
Work-related Accidents
Heart attack
Psychological disorders
- Any kind of accidents
Preventing measures
(ILO Stress Check points)
Return to work

15. Balance of the SLIC European Campaign 2012
Main Results
General acceptation of Psychosocial Risks within the OSH legislation by all the MS
Sharing inspection methods and experiences (mutual learning)
Unambitious
Any previous deep reflection
We have not a European Tool for Labour Inspection on psychosocial risks yet
Further actions would be necessary on this topic at European level

16. Tools developed for Inspection on psychosocial risks in Europe
Nordic countries / The Netherlands
Inspectors identify psychosocial risks in the visit and demand from the employer to implement solutions
Workplace Inspection of the psychosocial working environment in the Nordic countries portal.org/smash/get/diva2:795004/FULLTEXT01.pdf
UK / Italy
Only for proactive inspections on Work-related stress. Risk Assessment
Austria / Germany / Spain
Inspectors check how prevention procedures are put into practice by the employers and their experts
France
Generalist approach: labour contracts, salaries, etc.
ILO Tool:
Unify criteria - Pending to be published

17. How to improve?
Suggestions on the most relevant critical points

18. About the risks assessment
About the Method
Minimum content: factors. Avoid exclusions
Analysis units. Avoid confusion
Different method for SME?
About workers’ participation
Indispensable (perception of the risks and implementation of measures)
About a continuous management
On the structural risks identified in the workplace

19. About preventing measures
The convenience of using guidelines for all stakeholders on preventing measures on psychosocial risks (practical solutions)
ILO Stress Checkpoints
Danish WEA Guidance
Examine the effectiveness of the measures implemented in every case

20. About procedures on bullying complaints
Preventive aim:
It is convenient to have flexibility in the admission of complaints in order to achieve the preventive aim
Workers’ agreement:
Agreement frequently ensures that the procedures will be used by workers
Management by trained persons
Protect the privacy of the persons affected
Avoiding delays and interruptions
Impartiality and neutrality
Subsidiary public systems for SME

21. About mainstreaming of psychosocial risks
In the risk assessment
The most of labour risks derive from organisational factors
In the investigation of work-related accidents
Belgian experience
es/explorer/onderzoeken/FR/guide_checklist_aspects_psyc ho.PDF

22. Main aspects about inspectors’ role
Inspection of the psychosocial risk assessment
The main difference between Inspectorates is the intervention in the identification of psychosocial risks
In ordinary conditions, I consider that employers and workers should carry out the risk assessment without Inspectors’ intervention
Inspection of the measures implemented
Inspectors should intervene when implemented measures do not work correctly

23. Other actions that could be carried out
Joint Working Group at European level
For analysing actions on psychosocial aspects and collecting good practices
Contacts and seminars Inspectors – Experts – Unions at regional level
Following up partially the example of the Nordic Countries