Hungary Internal Market Week Budapest, April 28 th 2005 Occupational Safety and Health Viktor Kempa Technical University of Ostrava, Czech Republic H&S Specialist in a coal mine, 80’ Mining Trade Union, 90’ TUTB: European Trade Union Technical Bureau ETUI-REHS: European Trade Union Institute for Research, Education and Health and Safety

Hungary Internal Market Week Budapest, April 28 th 2005 Occupational Safety and Health Information, Consultation and Participation of workers To create the parts of a social dialogue which is the basis of the European social model European social legislation covers participation of workers in the field of health and safety

Hungary Internal Market Week Budapest, April 28 th 2005 Roots, evolution & current changes Consequences of the Industrial revolution Machines, qualification and skills, hazards, accidents and injuries Control mechanisms, enforcement, insurance New trade union demands in the 1970s More humane approach of work Major health aspects neglected so far Subjective experience & active workers’ participation Globalisation & changes in work organisation Multinationals, diversification of the labour market, small production units Work pace, flexibility, MSD, psycho-social risks and health problems Losses of the economy

Hungary Internal Market Week Budapest, April 28 th 2005 EU reactions to changes New legislation in 1990s EU Health and safety law Regulations, Directives European Company law Directives Social dialogue European social dialogue Various systems of workers representation

Hungary Internal Market Week Budapest, April 28 th 2005 EU legal initiatives The Council Directive 89/391/EEC + 18 individual directives

Hungary Internal Market Week Budapest, April 28 th 2005  Historical background  Time factor  Other priorities  Social dialogue « unnecessary obstacle“  Need to improve communication  Limited resources  Lack of government participation  Lack of funds and awareness  Missing economic incentives  Inadequate infrastructure EU H&S legislation Impmementation

Hungary Internal Market Week Budapest, April 28 th 2005 EU H&S legislation Impmementation

Hungary Internal Market Week Budapest, April 28 th 2005 EU legislation on Company The Directive 94/45/EC on the establishment of a European Works Council to improve the right to information and to consultation of employees in Community- scale undertakings groups of undertakings. The Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees to govern the involvement of employees in the affairs of European public limited-liability companies The Directive 2002/14/EC establishing a general framework for informing and consultating employees in the EC to establish a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community.

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Information & Consultation flow Commission – ACHS* Employers – Workers and/or Reps Employers – OHS Services, Workers Designated Employers – Other Employers engaged in work in the undertaking Workers – Employers Member States – Commission – Parliament – Council – EECC - ACHS

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Preamble in order to ensure an improved degree of protection, workers and/or their reps must be informed of the risks to their S&H and of the measures required to reduce or eliminate these risks they must also be in a position to contribute, by means of balanced participation to seeing that the necessary protective measures are taken information, dialogue and balanced participation on S&H must be developed between employers and workers and/or their reps by means of appropriate procedures and instruments employers shall be obliged to keep themselves informed of the latest advances in technology and scientific findings concerning work-place design, account being taken of the inherent dangers in their undertaking, and to inform accordingly the workers' reps exercising participation rights under this Directive, so as to be able to guarantee a better level of protection of workers' H&S

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section I - General provisions Article 1 Object 2. To that end it contains general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of the said principles.

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section II - Employers' obligations Article 6 General obligations on employers 1. the employer shall take the measures necessary for the S&H protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organization and means. The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve existing situations. 3. the employer shall, taking into account the nature of the activities of the enterprise and/or establishment: ensure that the planning and introduction of new technologies are the subject of consultation with the workers and/or their reps, as regards the consequences of the choice of equipment, the working conditions and the working environment for the S&H of workers; 4. where several undertakings share a work place, the employers shall cooperate in implementing the S&H and occupational hygiene provisions and, taking into account the nature of the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform one another and their respective workers and/or workers' reps of these risks.

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section II - Employers' obligations Article 8 First aid, fire-fighting and evacuation of workers, serious and imminent danger 3. The employer shall: (a) as soon as possible, inform all workers who are, or may be, exposed to serious and imminent danger of the risk involved and of the steps taken or to be taken as regards protection;

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section II - Emplyers' obligations Article 11 Consultation and participation of workers 1. Employers shall consult workers and/or their Reps and allow them to take part in discussions on all questions relating to S&H. This presupposes: - the consultation of workers, - the right to make proposals, - balanced participation. 2. Workers or workers' reps shall take part in a balanced way, or shall be consulted in advance and in good time by the employer with regard to: (a) any measure which may substantially affect S&H; (b) the designation of workers, (c) the information, (d) the enlistment of the competent services or persons, (e) the planning and organization of the training. 3. Workers' Reps shall have the right to ask the employer to take appropriate measures and to submit proposals to him to that end to mitigate hazards for workers and/or to remove sources of danger.

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section II - Employers' obligations Article 12 Training of workers 1. The employer shall ensure that each worker receives adequate S&H training, in particular in the form of information and instructions specific to his workstation or job: - on recruitment, - in the event of a transfer or a change of job, - in the event of the introduction of new work equipment or a change in equipment, - in the event of the introduction of any new technology. The training shall be: - adapted to take account of new or changed risks, and - repeated periodically if necessary.

Hungary Internal Market Week Budapest, April 28 th 2005 The Council Directive 89/391/EEC Section II - Employers' obligations SECTION III - WORKERS' OBLIGATIONS Article It shall be the responsibility of each worker to take care as far as possible of his own safety and health and that of other persons affected by his acts or Commissions at work in accordance with his training and the instructions given by his employer. 2. To this end, workers must in particular, in accordance with their training and the instructions given by their employer: (d) immediately inform the employer and/or the workers with specific responsibility for the S&H of workers of any work situation they have reasonable grounds for considering represents a serious and immediate danger to S&H and of any shortcomings in the protection arrangements;

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Objectives To be informed and consulted as early as possible (timely info & consult) To influence contents of decisions (the impacts on OHS)

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Diversity of national situations Industrial relations Trade union traditions Sectors Types of activity

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Diversity of procedures according workers representation (anticipated channel) Exclusively by trade unions (S, UK, IE, LT, EE) Primarily work councils (GE, A, NL, F) Mixed systems (FI, N, D, I, B, L, RO, CR, SK, SI)

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Participation rights in the legislation New EU member states and CCs

Hungary Internal Market Week Budapest, April 28 th 2005 Participation Right and need Reinforcing the OHS policy Technical-medical input of preventive services Legislative and regulatory pressure Participation and collective actions of workers Skills to be effective Training and information Independece Combination af all the aspects of working life

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Essentials Subjective assessment and interests Right to organise & freedom to take an action Learning from skills and experience Training and information Ability to act independently Ability to cover other aspects of working life

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Different methods Information Consultation Negotiation Co-decision Workers’ control

Hungary Internal Market Week Budapest, April 28 th 2005 Workers’ participation Conclusion The development of OHS at the workplace depends largely on the participation of workers which has to reflect their subjective experience and collective knowledge. Social dialogue and various forms of workers’ participation are essential tools in this field.

Hungary Internal Market Week Budapest, April 28 th 2005 CONTACT ETUI-REHS Boulevard du Roi Albert II, 5 box 5 B-1210 Brussels Belgium Tel: 32-2/ Fax: 32-2/