PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive 89/391/EEC + 18 individual directives

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 OSH policy – WHY? Occupational injuries and ill health Lead to human suffering Impair the ability of people to work Affect the quality of work Result in costs for society, companies and for individuals and their families

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 OSH policy – WHY? OSH is a fundamental right: "Every worker has the right to working conditions which respect his or her health, safety and dignity" (Art 31 European Charter)‏ Ensuring a single market through harmonizing the regulations on OSH throughout Europe Good OSH policy increases motivation and productivity of the workforce OSH is not only a moral obligation but also economically beneficial!

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 History of OSH legislation OSH was introduced in the European Coal and Steel Treaty in – Treaty of Rome extended care to all employed persons Development of measures in the field of OSH as from the 1970s Impetus to OSH with the Single European Act in 1987, introducing Article 118a (now Article 137 EC Treaty) to lay down minimum standards for OSH. Beside, harmonization of safety of products under Article 100 a (now Article 95 EC Treaty)‏ Framework Directive 89/391/EEC: General Directive on OSH Several daughter directives adopted from 1989 to present

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 FRAMEWORK DIRECTIVE (1989/391/EEC)‏ Council Directive 89/391/EEC (Framework Directive) of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 The Framework Directive Establishes general principles for H&S systems High level of protection of H&S of workers is the overriding objective of the FD Broad scope of application - private and public sector, employees, trainees, apprentices Article 16 contains the foundation for a series of individual directives.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Obligations under the Framework Directive The employers Ensure safety and health of workers in every aspect related to work: Assess risks to the health and safety in the undertaking Take the appropriate measures in order to prevent injuries or accidents without cost involvement of the workers Provision of necessary organization and means Designate worker(s) for protective and preventive services or, if necessary, competent external services Provide appropriate information, training and consultation of workers Report on occupational accidents Necessary measures for first aid, fire fighting and evacuation

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Obligations steaming from the FD The Workers Must take care of their own health and safety and of those persons that might be affected by their acts Correct use of means of production and of personnel protective equipment Follow the instructions given by the employer Report on any situation at work which constitutes an irregularity or a serious and immediate danger Cooperate with the employer in OSH matters Important: The obligations on the workers shall not affect the principle of the responsibility of the employer

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Obligations under the Framework Directive General principles of prevention ◊ Avoiding risks ◊ Evaluating risks ◊ Combating risks at the source ◊ Adapting work to the individual (e.g. design of workplace)‏ ◊ Adapting to technical progress ◊ Giving priority to substitution of dangerous products ◊ Developing a coherent overall prevention policy ◊ Giving collective protective measures priority to individual ones ◊ Giving appropriate instructions to the workers

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive Structure A1 Object A2 Scope A3 Definitions A4 Enforcement A5 General Provisions (employers' responsibility)‏ A6 General obligations on employers A7 Protective and preventive services A8 First aid, fire-fighting and evacuation of workers A9 Various obligations on employers A10 Worker information A11 Consultation and participation of workers A12 Training of workers A13 Workers' obligations A14 Health surveillance A15 Risk groups A16 Individual Directives

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 1 Object  The Directive introduces measures to encourage improvements in the safety and health of workers at work;  contains general principles concerning the prevention and elimination of occupational risks,  the informing, consultation and training of workers;  contains minimum rules regarding the safety and health of workers at work.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 2 Scope ► The Directive applies to all sectors of activities, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.). ► The Directive is not applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 3: Definitions  worker; including trainees and apprentices but excluding domestic servants;  employer;  workers' representative with specific responsibility for the safety and health of workers;  prevention

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 4 ► Member States shall take the necessary steps to ensure that employers, workers and workers' representatives are subject to the legal provisions necessary for the implementation of this Directive. ► Member States shall ensure adequate controls and supervision. Enforcement

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 5: General provision  The employer has a duty to ensure the safety and health of workers in every aspect related to the work.  Enlisting competent external services or persons does not discharge him from his responsibilities.  The workers' obligations do not affect the principle of the responsibility of the employer.  Unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 6 General obligations on employers To take measures necessary for the safety and health protection of workers; Adapting to change, Improvement of existing situations. Avoid risks Evaluate the risks which cannot be avoided; Principles of prevention; (adapt work to technical progress and to the individual, combating risks at source, substitution, priority to collective protective measures etc.).

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 7 Protective and preventive services ► The employer shall designate one or more workers to carry out activities related to the protection and prevention of occupational risks; ► When in lack of competent personnel in the undertaking the employer shall enlist competent external services or persons; ► Combining internal and external services; ► MS may define when the employer, provided he is competent, may himself take responsibility for the measures referred to; ► MS shall define the necessary capabilities and aptitudes required

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 8:  The employer shall:  take the necessary measures for first aid, fire-fighting and evacuation of workers;  arrange contacts with external services;  designate workers;  inform workers; take action/give instructions; not ask workers to resume work;  No disadvantage for workers who leave;  The employer shall ensure that all workers are able to take the appropriate steps to avoid the danger; no disadvantage from their actions.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Article 9:  The employer shall ► be in possession of a risk assessment (written form); ► decide on protective measures and protective equipment; ► keep a list of occupational accidents (+ 3 days); ► draw up reports on occupational accidents.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Articles 10-13:  Information of Workers;  Consultation and participation of workers;  Training of workers;  Workers obligations (also with a view to inform and cooperate with the employer)‏

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Rights & Powers of Workers H&S Reps  Investigate complaints  Investigate potential hazards  Ask the employer to take appropriate measures  Examine the causes of accidents  Participate in risk assessment procedures  Make proposals  Receive information and consultation  Consult in advance on designation of specialists in H&S  Consult on planning and organization of training  Receive information from inspectors  Submit observations to inspectors  Appeal to the authorities  Attend meetings of safety committees  Have an access to external experts RIGHT TO

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Framework Directive (1989/391) Articles 14 and 15: Health surveillance:  In accordance to national law and/or practices;  Each worker, if he so wishes, may receive health surveillance at regular intervals. Risk groups ► Particularly sensitive risk groups must be protected against the dangers which specifically affect them.

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 The Framework Directive Preventive activities Workers Employer Information Training ConsultationParticipation Other obligations Other obligations PreventiveServices Fire Fighting First Aid Evacuation HealthSurveillance Overarching responsibility of the employer General Prevention PrinciplesRiskAssessment

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 The Individual Directives Address risks of such severity that more systematic intervention is necessary Cover a vast range of work situations affecting numerous working men and women Can be clustered into the categories: horizontal risk factors risk groups activities with risk Translations? Ask your governments!

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Horizontal Themes (1)‏ Workplace (89/654/EEC) Minimum requirements for the workplace (space, light, ventilation, emergency doors, restrooms, etc). Use of work equipment (89/655/EEC), amended by Directive 95/63/EC and 2001/45/EC Work equipment to be adapted and adequately maintained Directive 95/63: provisions on inspection of work equipment by competent person, further specification of annex Directive 2001/45: specific prevention requirements for scaffolding and other equipments to minimise risks in work at heights

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Horizontal Themes (2)‏ Use of personal protective equipment (PPE), 89/656/EEC Use of PPE is the last resort – technical means, collective protection and measures of work organization prevail Assessment of PPE, training and demonstration, hygiene measures

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Horizontal Themes (3)‏ Safety and/or health signs (92/58/EEC)‏

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Related to Risk Factors (1)‏ Physical Agents Directives  Exposure limit values and exposure action values Vibration (2002/44/EC) Noise (2003/10/EC), repealing Directive 86/188/EEC as from 2006 Electromagnetic fields (2004/40/EC) – 2008

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Related to Risk Factors (3)‏ Manual handling of loads (90/269/EEC) Work with display screen equipment (90/270/EEC) Chemicals agents at work (98/24/EC)‏

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Related to Risk Factors (4)‏ Directive on asbestos (Directive 83/477/EEC), amended by Directive 2003/18/EC Exposure to carcinogens or mutagens (2004/37/EC)‏ Biological agents at work (2000/54/EC) Explosive atmospheres (99/92/EC)‏

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Related to Risk Groups Pregnant workers (92/85/EEC)‏ Young people (94/33/EC)‏

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Individual Directives Related to Activities with Risk Temporary or mobile construction sites (92/57/EEC) Surface and underground mineral extracting industries (92/104/EC) Mineral extracting industries through drilling (92/91/EC)‏ Fishing vessels (93/103/EC)

PERC NIS Health and Safety Meeting Brussels, December 14 th, 2009 Ensuring implementation of EU legislation Objective: Ensure better application of legislation and principles of prevention on the ground Practical guidelines for Chemical agents directive ATEX directive (explosive atmospheres)‏ Working at height Noise Vibration Electro-magnetic fields (in preparation‏