1. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) European policies and directives on occupational health and safety European Trade Union Institute

2. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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 vkempa@etui.org

3. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

4. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Contents oETUI & HESA oOHS law in the EU oEuropean Social Dialogue in OHS oEuropean tripartite OHS agencies oChallenges for the Community Strategy o What is on trade unioçn agenda o Framework Directive 89/391/EEC & 18 individual Directives

5. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

6. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

7. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

8. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

9. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

10. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

11. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

12. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

13. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) ETUI HESA WEBSITE

14. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Occupational Health and Safety law in the EU o Principles oLegislation oTransposition and implementation oEvaluation

15. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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.

16. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

17. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

18. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

19. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

20. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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!

21. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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 Directives Standardisation Machinery directive Directives Recommendations Framework directive Individual directives Transposition and implementation into national law Single European Act (1987) Standardisation

22. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) EU legal initiatives The Council Directive 89/391/EEC + 18 individual directives set up the minimum standards

23. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Using of the work equipment 89/655/EEC Work Equipment (2) 89/391/EEC – Framework Directive on the introduction of measures to encourage improvements in the safety and health of workers at work Specific activities 90/269/EEC Manual Handling of Loads (4) 90/270/EEC Display Screen Equipments (5) 92/91/EEC Drilling (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/EC Explosive Atmospheres (15) Specific group of workers 92/85/EEC Pregnant and breastfeeding workers and worker who have recently given birth (10) Personal protection 89/656/EEC Personal Protective Equipment (3) Exposure to agents 90/394/EEC Carcinogens (6) 2000/54/EC Biological Agents (7) 98/24/EC Chemical Agents (14) 2000/44/EC Vibrations (16) 2003/10/EC Noise (17) 2004/40/EC Electromagnetic Fields (18) 2000/39/EC Indicative occupational exposure limit values

24. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) OHS directives which are not directly under Framework Directive 89/391/EEC 91/383/EEC Temporary Workers 94/33/EC Young Workers 93/104/EC 2000/34/EC 2000/79/EC 2002/15/EC Working Time 1983/477/EC 1999/77/EC 2003/18/EC Asbestos

25. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

26. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) EU H&S legislation - Implementation

27. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) EU H&S How it works in the European Union

28. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Occupational Health and Safety law in the EU o European Social Dialogue in OHS

29. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) EU Social Dialogue in H&S Constitutional background, Art. 138-139 EC Treaty

30. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

31. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009)

32. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009)

33. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Occupational Health and Safety law in the EU European Tripartite Agencies working with health and safety issues

34. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

35. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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

36. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

37. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Where do we go oChallenges for Community Strategy on H&S at Work

38. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

39. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

40. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

41. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

42. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

43. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (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)

44. PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 vkempa@etui.org (2009) Thank you for your attention ! vkempa@etui.org DO NOT HESITATE TO VISIT OUR WEBSITE OR CONTACT ME OR MY COLLEAGUES hesa.etui-rehs.org/uk hesa.etui-rehs.org/fr