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

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

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

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

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

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 18.02.2014) 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”

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

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

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

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

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.

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

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

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

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

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 http://norden.diva- 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

How to improve? Suggestions on the most relevant critical points

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

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

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

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 http://respectautravail.be/sites/5029.fedimbo.belgium.be/fil es/explorer/onderzoeken/FR/guide_checklist_aspects_psyc ho.PDF

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

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