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SCADPlus: HEALTH, HYGIENE AND SAFETY AT WORK

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EMPLOYMENT AND SOCIAL POLICY

HEALTH, HYGIENE AND SAFETY AT WORK

This chapter is under development

INTRODUCTION

GENERAL PROVISIONS

q Improving the health of workers (framework Directive)

q Community programme for employment and solidarity - PROGRESS (2007-2013)

q Communication on the practical implementation of directives on health and safety at work

q Community strategy on health and safety at work (2002-2006)

q European agency for health and safety at work

q European foundation for the improvement of living and working conditionsq Advisory Committee on Safety and Health at Work

q European schedule of occupational diseases

q Organising working time with a view to protecting the health and safety of workers

EQUIPMENT, SIGNS AND LOADS

q Use of work equipment

q Use of personal protective equipment

q Work with display screen equipment

q Provision of health and safety signs at work

q Manual handling of loads involving risk

PROTECTION OF SPECIFIC GROUPS OF WORKERS

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SCADPlus: HEALTH, HYGIENE AND SAFETY AT WORK

q Protection of self-employed workers

q Protection of temporary workers

q Protection of young people at work

q Protection of pregnant women, women who have recently given birth and women who are breastfeeding

THE WORKPLACE

q Minimum safety and health requirements for the workplace

q Temporary and mobile work sites

q Extractive industries by means of boreholes

q Extractive industries in the surface and underground

q Equipment and protective systems intended for use in potentially explosive atmospheres

q Fishing vessels

q Improved medical assistance on board vessels

CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS

q Exposure to electromagnetic fields

q Exposure to noise

q Exposure to mechanical vibration

q Risk of explosive atmospheres

q Exposure to chemical agentsq Dangers arising from ionising radiation

q Exposure to carcinogens and mutagens

q Exposure to biological agents

q Exposure to asbestos

Additional information:Public health

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Health, hygiene and safety at work: introduction

Legal basis and decision-making procedure

Article 136 of the Treaty establishing the European Community (EC) stipulates inter alia that: "The ECand the Member States shall have as their objectives the promotion of employment, improved livingand working conditions".Article 137 EC specifies that with a view to achieving this objective the Community shall support andcomplement the activities of the Member States to improve the working environment and protectworkers' health and safety.To this end, the Council may adopt measures designed to encourage cooperation between MemberStates through initiatives aimed at improving knowledge and developing exchanges of information andbest practices [see, for example, the 2003 recommendation on the European schedule of occupationaldiseases .It may also adopt, by means of directives and in accordance with the codecision procedure, minimumrequirements for health and safety at work. Article 137 EC states that such directives shall avoid

imposing administrative, financial and legal constraints in a way which would hold back the creationand development of small and medium-sized undertakings (SMUs).Furthermore, the provisions adopted pursuant to Article 137 EC shall not prevent any Member Statefrom maintaining or introducing more stringent protective measures compatible with the Treaty.

Objectives

The various action programmes introduced in the field of health and safety at work since 1978 haveset the following specific objectives:

improvement of working conditions with a view to increasing safety and complying with healthrequirements in the organisation of work;

better knowledge of the causes of occupational accidents and diseases with a view toidentifying and assessing the risks and implementing more effective control and preventionmeasures;

improvement of human behaviour with a view to developing and promoting a health and safetyculture.

POLICY INSTRUMENTS

Legislative framework

At present, the Community legislation on health and safety at work is divided into two groups:

framework Directive 89/391/EEC, which contains basic provisions on the organisation ofhealth and safety at work and on employers' and workers' responsibilities, supplemented by its18 individual directives relating to:- certain specific workplaces ( construction sites , extractive industries, fishing vessels );- certain dangerous physical ( noise , vibrations , electromagnetic fields), chemical, biologicaland carcinogenic agents ;- the use of work equipment;- certain categories of workers ( women who are pregnant or breastfeeding ).

the measures laid down by directives which contain exhaustive provisions without being linkedto framework directives for professional activities ( medical assistance on board vessels ) orcertain groups of vulnerable persons ( temporary workers oryoung workers ).

The framework directive adopted in 1989 aims to promote better protection of workers by means ofmeasures to prevent accidents or occupational diseases, information, consultation, participation andtraining of workers. It defines the obligations and responsibilities of employers (assessment of risks,setting up of protection and prevention services, etc.) and workers (compliance with instructions,
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participation, correct use of equipment and machinery).The 18 individual directives adopted pursuant to this framework directive now constitute a modern andexhaustive body of law. The ones most recently adopted show that new forms of risks have beentaken into account: they relate to exposure to noise and electromagnetic waves and fields.

In a report adopted in February 2004 , the Commission examined the way in which the framework

directive and five of its individual directives have been transposed and are now applied in the MemberStates. On the basis of the Member States' reports, a report by independent experts and its ownexperience, the Commission assessed the practical implementation of the national legislation, itsdegree of conformity at the workplace and the effectiveness of its application.This report concludes, despite the great disparity that still exists in the practical implementation of thevarious directives, depending on the country, the sector and the size of the undertaking, that the mainobjectives aimed at ensuring common minimum standards have been achieved.It also states, despite the difficulty of obtaining harmonised statistics, that the application of thelegislation has made workplaces safer (reduction of the number of accidents).In conclusion, the report emphasises that the main difficulties concern the application of the legislationin SMUs and the public sector, the absence of common criteria for assessment of the national labourinspectorates, the problems of understanding certain provisions of the directive and the insufficientresources deployed in order to make employers and workers aware of their rights and obligations.

The Community programmes

Since 1978, the Commission has introduced five successive Community programmes.

The Community strategy on health and safety at work (2002-2006) is the latest of these. This text isbased on a report which highlights the changes taking place in the world of work: feminisation andageing of the working population, diversification of the forms of employment (temporary work, atypicalworking hours, teleworking, etc.), increase in certain social risks (stress, depression, harassment,intimidation, violence, etc.).Following this report, the Commission draws attention to the three requirements to be met in order toensure a safe and healthy working environment: consolidation of the risk prevention culture

(education, training and raising employers' awareness), better application of existing law and a holisticapproach to "well-being at work".In order to be able to meet these conditions, the Community strategy proposes three main steps:adaptation of the legal framework, support for "progressive approaches" (devising of best practices,social dialogue, social responsibility of undertakings) and, lastly, mainstreaming of occupational healthand safety issues in other Community policies.

This strategy follows on from theCommunity programme 1996-2000adopted by the Commission on12 J uly 1995 after the introduction of the bulk of the body of legislation on health and safety at work.This programme stressed first and foremost the need to ensure the enforcement of existing legislation.

The support bodies: Agency and Committee

The task of theEuropean Agency for Safety and Health at Work is to provide the Communityauthorities, the Member States and interested parties with pertinent technical, scientific and economicinformation in the field of safety and health at work.Its work very frequently involves close cooperation with the European Foundation for the Improvementof Living and Working Conditions , which is based in Dublin.As part of its communication policy, the Agency has launched every year since 2000 an informationcampaign to raise public awareness of certain specific problems. The following topics have beencovered: in 2000, musculo-skeletal disorders in 2001, prevention of accidents at work in 2002,prevention of psycho-social risks at work and in 2003 risks relating to dangerous substances .For 2004, the topic chosen is health and safety in the construction sector .

The Advisory Committee on Safety and Health at Work has the task of assisting the Commission in

the preparation and implementation of decisions taken in the field of safety and health at work. It iscomposed of representatives of Governments and trade union representatives of workers andemployers. Its task also involves facilitating information and cooperation between the national
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Governments and workers' and employers' trade union organisations. In this area, it works incooperation with the Agency.

THE NEW CHALLENGES

As the Lisbon European Council stressed, Europe is experiencing a transition to the knowledge-based

economy marked by profound changes affecting the composition of the working population, the formsof employment and the risks at the workplace. These changes make it necessary to take up three newchallenges in the field of health and safety at work:

Taking account of the problems of the gender dimension in safety and health at work. Thisprinciple was posited by the Community strategy 2002-2006, which made it one of theobjectives to be achieved for the period in question: better design of workplaces andworkstations, organisation of work and adaptation of work equipment.

Anticipation of new and emerging risks, whether they be linked to technical innovations or tosocial changes (obligation to obtain results and to achieve greater flexibility, resulting in anincrease in phenomena such as stress, depression, harassment, intimidation or violence).In response, the Community strategy (2002-2006) envisages new legislative provisions,

including extension of the scope of the carcinogenic agents Directive. Analysis of the needsrelated to the ergonomics of workstations, consideration of musculo-skeletal disorders and aspecific focus on emerging risks (such as mental harassment and violence at work) are threemajor issues also identified by the strategy;

The specific needs of SMUs, micro-enterprises and self-employed workers .

In addition to these new challenges, the continuous reduction of accidents at work and occupationaldiseases must obviously remain the number one objective for all those concerned with Communitypolicy on health and safety at work.Furthermore, following the success of enlargement, the new Member States still have to makeconsiderable financial and administrative efforts to bring themselves up to the standard of healthprotection and safety achieved by the fifteen. For its part, the European Agency for Safety and Healthat Work will have to adapt its method of operation to cater for these ten new Member States.

Last updated: 10.06.2004
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Framework - health and safety at work

1) OBJECTIVE

To ensure a higher degree of protection of workers at work through the implementation of preventivemeasures to guard against accidents at work and occupational diseases, and through the information,consultation, balanced participation and training of workers and their representatives. This frameworkDirective serves as a basis for individual Directives covering, inter alia, the areas listed in the Annex.

2) COMMUNITY MEASURES

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourageimprovements in the safety and health of workers at work.

3) CONTENTS

The Directive applies to all sectors of activity, both public and private, with the exception of certainspecific activities in the public and civil protection services.

Definitions of the terms "worker", "employer", "workers' representative" and "prevention".

Employers are obliged:

to ensure the safety and health of workers in every aspect related to the work, primarily on thebasis of the specified general principles of prevention, without involving the workers in anyfinancial cost;

to evaluate the occupational risks, inter alia in the choice of work equipment and the fitting-outof workplaces, and to make provision for adequate protective and preventive services;

to keep a list of, and draw up reports on, occupational accidents;

to take the necessary measures for first aid, fire-fighting, evacuation of workers and actionrequired in the event of serious and imminent danger;

to inform and consult workers and allow them to take part in discussions on all questionsrelating to safety and health at work;

to ensure that each worker receives adequate safety and health training throughout the periodof employment.

Workers are obliged:

to make correct use of machinery, other means of production, personal protective equipmentand safety devices;

to give warning of any work situation presenting a serious and immediate danger and of anyshortcomings in the protection arrangements;

to cooperate in fulfilling any requirements imposed for the protection of health and safety andin enabling the employer to ensure that the working environment and working conditions aresafe and pose no risks.

The health of workers is monitored through the application of measures introduced in accordance withnational laws and practices.

Particularly sensitive risk groups must be protected against the dangers which specifically affect them.

The Council will adopt individual Directives - inter alia, in the seven areas listed in the Annex - to whichthe provisions of this Directive will apply in full, without prejudice to more stringent and/or specificprovisions contained in the individual Directives. This Directive and the individual Directives may beamended by the Council (procedure under ex-Article 118a of the Treaty, new Article 138); technical
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adjustments are made by the Commission, assisted by a committee composed of representatives ofthe Member States.

4) DEADLINE FOR IMPLEMENTATION OF THE LEGISLATION IN THEMEMBER STATES

31.12.1992

5) DATE OF ENTRY INTO FORCE (if different f rom the above)

6) REFERENCES

Offic ial Journal L 183 of 29.06.1989

7) FOLLOW-UP WORK

8) COMMISSION IMPLEMENTING MEASURES



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European Agency for Safety and Health at Work

This Agency's remit is to prov ide the Community bodies, Member States andinterested parties with technical, scientific and economic info rmation in the field ofhealth and safety at work.

ACT

Counci l Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safetyand Health at Work [ See amending acts]

SUMMARY

The Agency's role is to:

collect and analyse technical, scientific and economic information on health and safety at workin the Member States and to pass it on to the Community bodies, other Member States andinterested parties;

collect and analyse technical, scientific and economic information on research into safety andhealth at work and disseminate the results of this research;

promote and support cooperation and exchange of information and experience amongst theMember States in the field of safety and health at work, including information on trainingprogrammes;

organise conferences and seminars (such as the European Health and Safety at Work Week)and exchanges of national experts in the field of safety and health at work;

supply the Community bodies and the Member States with the technical, scientific andeconomic information they require to formulate and implement judicious and effective policiesdesigned to protect the safety and health of workers;

establish an information network in cooperation with the Member States, and coordinate it,including national, Community (the European Foundation for the Improvement of Living andWorking Conditions) and international bodies and organisations which provide this type ofinformation and services;

collect and make available information on safety and health matters from and to third countriesand international organisations: the World Health Organisation (WHO), the InternationalLabour Organisation (ILO), the Pan American Health Organisation (PAHO), the InternationalMigration Office (IMO), etc.;

provide technical, scientific and economic information on methods and tools for implementingpreventive activities, especially for small and medium-sized enterprises, and identify goodpractices;

contribute to the development of Community action programmes and strategies relating to theprotection of safety and health at work, without prejudice to the Commission's sphere of

competence; ensure that the information disseminated is easily understood by the end-users.

The Agency collaborates as closely as possible with institutions, foundations, specialist bodies andprogrammes at Community level in order to avoid any duplication. For example, it works together withthe European Foundation for the Improvement of Living and Working Conditions.

The Agency will set up a network comprising:

the main component elements of the national information networks, including the nationalsocial partner organisations in accordance with national legislation;

thenational focal points ;

European topic centres.
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Member States regularly inform the Agency of the main component elements of their informationnetworks on health and safety at work. The relevant national authorities coordinate and forward theinformation to be provided to the Agency at national level.

The Agency has legal personality. Its steering and management structure comprises a GoverningBoard, a Bureau and a Director.

Its Governing Board comprises 78 members, of whom 25 members represent the governments of theMember States, 25 members represent employer organisations, 25 members represent employeeorganisations and three members represent the Commission. The Members of the Governing Boardhave a three-year term of office which is renewable. The Board's headquarters is in Bilbao, Spain.

The Governing Board determines the Agency's strategic objectives and adopts its budget, the rollingfour-year programme and the annual work programme on the basis of a draft drawn up by the Directorafter consultation of the Commission and of the Advisory Committee on Safety, Hygiene and HealthProtection at Work. By 31 J anuary each year at the latest, the Governing Board adopts an annualgeneral report on the Agency's activities.

The Bureau comprises 11 members: the chairman and the three vice-chairmen of the GoverningBoard, one coordinator for each of the three groups of representatives (employers, workers andgovernment), an additional representative for each of these three groups, and a Commissionrepresentative. The Bureau monitors the implementation of the Governing Board's decisions and takesall necessary steps to ensure that the Foundation is managed properly between meetings of theGoverning Board

The Agency is headed by a Director appointed by the Governing Board.

Since November 2003, the Regulation establishing the Bilbao Agency has been in line with the newFinancial Regulation applicable to the General Budget of the European Communities (J une 2002) andthe Regulation on public access to documents (May 2001).

Establishment of the Agency

The inaugural meeting of the Governing Board took place at the Agency's headquarters in Bilbao(Spain) on 25 and 26 October 1995.

On 3 J uly 1996, the Agency's Governing Board appointed Mr Hans-Horst Konkolewsky as Director ofthe Agency. He took up his post on 15 September 1996 and recruited permanent staff to enable theAgency to become fully operational.

The Agency has set up a website for the dissemination and exchange of information on improvinghealth and safety at work.

REFERENCES

Act Entry in to forceDeadline for

transposition inthe Member States

Official Journal

Regulation (EC) No2062/94

18.07.1994 -Official J ournal L216 of 20.08.1994

Amending act(s) Entry in to forceDeadline for


Official Journal


29.06.1995 - Official J ournal L156 of 07.07.1995
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=1994&nu_doc=2062http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=1995&nu_doc=1643http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=1995&nu_doc=1643http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=1994&nu_doc=2062


10/10

Amending act(s) Entry in to forceDeadline for


Official Journal

Regulation (EC) No

1654/2003

30.10.2003 -Official J ournal L

245 of 29.09.2003


04.07.2005 -Official J ournal L184 of 15.07.2005

RELATED ACTS

Communication from the Commission to the Council regarding the Commission's reporton the European Agency for Safety and Health at Work (progress report 1996-2000)[COM(2001)163]

For further information: the website of the European Agency for Safety and Health at Work .

http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2003&nu_doc=1654http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2005&nu_doc=1112http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=COMfinal&an_doc=2001&nu_doc=163http://osha.eu.int/OSHAhttp://osha.eu.int/OSHAhttp://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=COMfinal&an_doc=2001&nu_doc=163http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2005&nu_doc=1112http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=en&type_doc=Regulation&an_doc=2003&nu_doc=1654

eu regulations.pdf

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