Health and safety at work in the EU - Health and safety at work in the EU Erika Koller Member of the EESC Group II erika.koller@eesc.europa.eu

Health and safety at work is one of the areas where the EU has had the biggest impact – with a solid legal framework covering the maximum number of risks with the minimum number of regulations. As set out by principle 10 of the European Pillar of Social Rights, workers have the right to a high level of protection of their health and safety at work, as well as the right to a working environment adapted to their professional needs and which enables them to prolong their participation in the labour market. 

Legal basis Article 153 of the Treaty on the Functioning of the European Union gives the EU the authority to adopt legislation (directives) in the field of safety and health at work, in order to support and complement the activities of Member States. Directive 89/391/EEC, the so-called OSH “Framework Directive”, lays down the main principles to encourage improvements in the safety and health of workers at work. It guarantees minimum safety and health requirements throughout Europe while Member States are allowed to maintain or establish more stringent measures.

The Framework Directive The Framework Directive is accompanied by further directives focusing on specific aspects of safety and health at work. Together they form the fundamentals of European safety and health legislation https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A31989L0391

Directives per topic Workplaces, equipment, signs, personal protective equipment Exposure to chemical agents and chemical safety Exposure to physical hazards Exposure to biological agents Provisions on workload, ergonomical and psychosocial risks Sector specific and worker related provisions

EU Institutions of Social Partnership/ Social Dialogue ACHS – Advisory Committee Health and Safety at Work EU-OSHA is the European Union information agency for occupational safety and health

ACHS – Advisory Committee Health and Safety at Work It gives opinions on EU initiatives in the area of OSH (e.g. draft proposals for new legislation,  EU programmes/strategies, and any other EU initiatives having an impact on OSH policy) Contributs pro-actively to identifying OSH policy priorities and to establishing relevant programmes and strategies Encourages the exchange of views and experiences between Member States and stakeholders, connecting the EU and national levels.

EU-OSHA EU-OSHA is the European Union information agency for occupational safety and health Its work contributes to the European Commission’s Strategic Framework for Safety and Health at work 2014-2020  and other relevant EU strategies and programmes, such as Europe 2020 It has tripartite national focal points National focal points work to achieve these goals, run the European campaigns

Role of the Social Partners The European Social Partners play a vital role in the European decision-making process in the field of safety and health at work, as they have to be consulted at various stages. The Treaty on the Functioning of the European Union also foresees the possibility of concluding autonomous agreements. European social dialogue has resulted in the adoption of several autonomous agreements.

An autonomous agreement of Social partners on H&S the European social partners have concluded an autonomous agreement, whereby they themselves take responsibility for implementing measures at national, sectoral and enterprise level. Four autonomous agreements have been negotiated the work-related stress (2004)

The role of the EESC The EESC is the advisory body of the European Commission, Council and the Parliament it prepares opinions on the legislative proposals of the above institutions and own-initiative opinions

EESC opinions on H&S Health and Safety at Work – Strategic Framework 2014-2020 -2014 Protection from carcinogens or mutagens at work - 2018 European Labour Authority - 2018 Will be adopted soon: Summary of the costs and benefits of Investments in occupational safety and health -2019

The responsibility of the member states The transposition of the Community directives into the national law Implementation of the EU regulations Ensuring labour inspection

Responsibility of employers Providing and maintaining a safe workplace which uses safe plant and equipment Risk prevention – to inform the workers about the risks Providing instruction and training to employees on health and safety Providing protective clothing and equipment to employees

Responsibility of employees Taking reasonable care to protect the health and safety of themselves and of other people in the workplace Cooperating with employers on H&S issues, following safe work policies and procedures Reporting any defects in the place of work or equipment which might be a danger to health and safety

Recommendations I. The key of the success is in the partnership Results can only be achieved together! Social Dialogue and collective bargaining are crucial The role of the civil society is also important in implementation of OSH policies

Recommendations II. Prevention is the best and the cheapest way to minimalise the accidents at workplaces Investments in OSH contribute not only the wellbeing of workers, results cost reduction, greater productivity and sustainabilty of social security sytems. It effects also workers’ families According to a research the the cost/benefit ratio of investment in OSHA is 1,36:2,70

Thank you for the attention!