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

In this presentation The EU legislative process EBC’s stakeholder intervention EU Health and Safety Legislation National differences Conclusions

The Legislative Process 1/3 1.EUROPEAN COMMISSION: elaborates, adopts and presents proposal -Commission Services ( 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

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

National Legislative Process Council Commission Parliament EU The Legislative Process 3/3 Transposition Send national texts to Commission for verification

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

Framework Directive (89/391/EEC) -Sets out basic principals (Employer responsibility, Risk Assessment) -All sectors -Risk Assessment procedure: innovative approach 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

European Health and Safety Legislation 2/2 3.Community Strategy on Health and Safety at work -Strategic orientations for Community activity until Target of reducing occupational accidents by 25% by 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)

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

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

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

Thank You for your attention ! Riccardo Viaggi Project manager