This project is funded by the European Union. The content does not necessarily reflect the opinion of the European Commission. HEALTH AND SAFETY AT WORK

This project is funded by the European Union. The content does not necessarily reflect the opinion of the European Commission.


HEALTH AND SAFETY AT WORK

MMag. Christian MandlAustrian Federal EconomicChamber




Headlines

Introduction and Overview

Horizontal Actions and Framework Directive

Sectoral Issues

Austrian Situation and Legislation


+ level playing field within the EU, inside the country + reduced accidents and down-time + improved quality of the production + creates a positive image towards authorities,

general public and labour force

- possibility of conflicts in labour relations - risk of control, fines for not respecting legislation - can lead up to closure of factory - costs for implementation of H&S rules

Why health and safety at work?


Companies don‘t know legislation Availability of work equipment Effective utilisation by workers machine safety of older equipment – risk for company

and workers different risks: male-female, young-old workers,

handicaped people …. lack of accurate measurements of noise, emmissions,

vibration, dust, ….) non respect of tresholds

Critical areas


Problems

different transposition of national tresholds awareness problems among SME (< 20

employees) motivation of workers using safety equipment lack of arbitrary enforcement by authorities financing non productive investments


Costs for the employer

Napo’s new film “Safety pays“http://osha.europa.eu/en/campaigns/hw2008/napo

fines for non compliance insurance premium train new workers shift filling in forms inspection by authorities


Legislation + Information + Enforcement but: not punishing!


Overview Health and Safety at Work


Horizontal actions

use of work equipment

use of personal protective equipment

manual handling of loads involving risk


Horizontal actions

work with display screen equipment

provision of health and safety signs at work

film:http://osha.europa.eu/en/campaigns/hw2008/napo

equipment and protective systems intended for use in potentially explosive atmospheres


Atypical groups of workers

temporary workers

protection of young people at work

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


Special workplaces


(Special) workplaces I

workplace 89/654/EEC

temporary and mobile work sites 92/57/EEC

extractive industries92/91/EEC, 92/104/EEC

vessels 93/103/EEC, 92/29/EEC


(Special) workplaces II

exposure to carcinogens and mutagens (2004/37/EC), biological agents (90/679/EEC), chemical agents (98/24/EEC), asbestos (83/477/EEC, 91/382/EEC)

risk of explosive atmospheres (1999/92/EC),

ionising radiation (96/29/Euratom), noise (2003/10/EC), electromagnetic fields (2004/40/EC), mechanical vibration (2002/44/EC), optical radiation (2006/25/EC)


OSHA: Occupational Safety and Health Administration www.osha.europa.eu

Set up in 1996 by the European Union and located in Bilbao, Spain, EU-OSHA is the main EU reference point for safety and health at work.

New and emerging risks are anticipated through our European Risk Observatory. OSHA identifies and shares information, good practice and advice with a wide

range of audiences, such as social partners - employers’ federations and trade unions.

600 case studies, best practices, checklists

Healthy Workplaces campaign, which changes every two years (2010 “safe maintenance”).

EU-OSHA is a key player in the Community Strategy for Health and Safety at Work, 2007-2012.


Why a Strategy and Framework directive?


Evaluation EC Strategy 2002-2006

Fatal accidents 2000-2004 -17% (EU-15)

Workplace accidents (absences of more than 3 days)

-20% (2000-2004)

Non-accidental health problems - almost 28% of workers say that they

are suffering from their current or previous job

35% of workers feel that their job puts their health at risk

Occupational hazards are not being reduced in a uniform way - some

categories of workers are still overexposed to occupational risk;

certain types of enterprises are more vulnerable; certain sectors are still

particularly dangerous


Challenges/growing importances

Demographic change and the ageing of the working population

New employment trends (self-employed, outsourcing, SME)

New and larger flows of migrants (language!)

Increasing number of women at work

Certain types of occupational illnesses becoming more common

The nature of occupational hazards changes with the innovation,

emerging new risk factors


Framework – Directive 89/391/EEC

Framework Directive („FD“) is the „cornerstone“ of all requirements in the

area of occupational safety and health at work (OSH)

Adressed to member states, not to citizens or economic entities; FD had to

be transposed into national laws!

FD establish the minimum requirements all member

states must respect (mandatory requirements).

National law my provide for additional measures.

FD provides a reference basis for a series of specific directives „daughter

directives“ which cover most of the risks related to health and safety in the

workplace.



Objective: To ensure a higher degree of protection of workers at work

The obligation of employers and workers

The obligation to carry out a risk assessment

The prevention of occupational risks

The protection of safety and health

The eliminiation of risk and accidents factors

The information, consultation, participation and training

of workers and their representatives

Applicable to all sectors (public and private, including small employers!),

with the exception of certain specific activities in the public and civil

protection services.



Employers‘ obligations: To ensure the safety and health of

workers in every aspect related to the work, primarly on the

basis of the specified general principle of prevention, without involving

the workers in any financial cost

to evaluate the occupational risks, inter alia in the choice of work

equipment and the fitting-out of workplaces, and to make provisions for

adequate protective and preventive services (or use of external ones)

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 action required in the event of serious and imminent danger



to inform and consult workers and allow them to take part in

discussions on all questions relating to safety and health at work

to ensure that each worker receives adequate

safety and health training throughout the period of employment

To develop a preventive policy covering technology,

organisation of work, working conditions, social relationships, …



General principles of prevention:

Avoiding risk

Evaluating the risk which cannot be avoided

Combating the risk source

Adapting the work to the individual

Adapting to technical progresss

Replacing the dangerous by the non-dangerous or the less dangerous

Planning risk prevention by taking into account technology, organisation of work,

working conditions, social relationships and the influence of factors related to

working environment

Giving collective protective measures priority over individual protective measure

Giving appropriate instruction to workers Film „Eliminate the risk“: http://osha.europa.eu/en/campaigns/hw2008/napo



The employer shall:

Be in possession of an assessment of the risks to safety and health

at work, including those groups of workers exposed to particular risks

Decide on the protective measures to be taken and , if necessary,

the protective equipment to be used

Maintain a register of accidents at work which have led to a period

of incapacity for work longer than 3 days

Draw up, for the responsible authorities and in accordance with

national laws and/or practices, reports on occupational accidents

suffered by his workers



Workers obligations – in accordance with their training

and int instructions given by their employer:

Make correct use of machinery, apparatus, tools,….

Make correct use of the protective equipment supplied to them and, after use,

return it to ist proper place;

Refrain from disconnecting, changing or removing arbitrarily safety devices fitted,

e.g. to machinery, …

Report immediately to the employer and/or the supervisors about any work

situation posing a serious and immediate danger to S&H and about any

shortcomings in protection arrangements;

Perform all tasks set forth by safety regulations and cooperate with the employer

to ensure a working environment and conditions that do not pose any risks in

terms of S&H



Workers of several companies operating in the same

workplace

Cooperation and Consultation between employers in

implementing H &S, hygiene provisions,

Coordination of actions in matters of protection from, and

prevention of, occupational hazards

Inform each other of these risks

Inform their respective workers and/or wokers‘

representatives of these risks


Risk Assessment (RA)

To enable the employer to effectively take the measures

necessary for the S&H protection of workers.

RA is „a systematic examination of all aspects of the work

undertaken to consider:

What could cause injury or harm

Whether the hazards could be eliminated , and if not

what preventive or protective measures are, or should be, in

place to control the risks“

Film „Act on Risk“: http://osha.europa.eu/en/campaigns/hw2008/napo


Risk Assessment

Napo’s new film about Risk Assessment on the OSHA –Homepage

http://osha.europa.eu/en/campaigns/hw2008/napo


Risk Assessment

There are not fixed rules how the RA should be undertaken, but 2

principles:

1. Structure the assessment to ensure that

all relevant hazards and risks are addressed

2. When a risk is identified, beginn

assessment from first principles by

questioning if the risk can be

eliminated: is the casual hazard necessary?

EU guidance on risk assessment at work –The content and extend

depend on the conditions at the workplace (e.g. number of workers,

accident history, ill-health record, work materials, work equipment, work

activities, features of the workplace and specific risks).


The five basic steps in risk assessment


Risk Assessment (RA)

Practical implementation (EC Communication COM 62 final,

5.2.04)

Task, documentation and supervision is not universally spread

In the course of procedures the focus is put in obvious risks

There is hardly any consideration of psychosocial risk factors and work

organisation factors

RA is often being considered to be on a one-time obligation and lacks

continuity

The efficiency of the measures is not sufficiently supervised by employers

There is not yet a general and adequate access of all enterprises accross the

EU to protective and preventive services

Further support to extend the involvement of workers is required (despite the

strong emphasis)


Risk Assessment

Napo’s new film about Risk Assessment on the OSHA –Homepage



Protective and preventive Information, Services

employer shall designate one or more workers responsible for protection and prevention (enough workers and necessary time!)

also possible: enlist competent external services and persons

Worker information: risks + measures taken for each type of job, assignment of function; workers of subcontractors;

Measures adopted and staff members appointed First aid fire fighting, staff evacuation procedures


Consultation/participation of workers

Employers shall consult workers/“reps“ and allow them to take part in

discussions on all questions relating to S&H at work:

Active consultation of workers

The right of workers and/or their „reps“ to make proposals

– To take appropriate measures

– To submit proposals to mitigate hazards and/or remove sources of danger

Balanced participation in accordance with national laws and/or practices

Consultation/Participation on:

Any action which might have considerable consequences for S&H

Designation of workers responsible for protection and prevention activities;

First aid, fire fighting and staff evacuation procedures

The planning and organisation of the training of workers

The need to resort to external services/Experts


Training of workers, Health surveillance

The employer shall ensure 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 transfer of change of job

Introduction of new work equipment, change in equipment

Introduction of any new technology

Adapted to take account of new or changed risks, and

Repeated periodically if necessary

Health surveillance in conformity with national legislation and/or practices to ensure appropriate

supervision depending on the risks at the workplace

Each worker must be entitled, if she/he wishes, to have a medical check-up at regular

intervals


Organisation of working timeDir. 2003/88/EC

Working time: period during which the worker is working, at the

employer‘s disposal and carrying out his activity or duties. Every

worker is entitled to:

A minimum daily rest period of 11 consecutive hours/24-hour

A rest break if working day >6h

A minimum uninterrupted rest period of 24 hours/7-day period

Maximum weekly working time of 48 hours, including overtime

Paid annual leave of at least four weeks

Weekly averages: member states may lay down reference periods



Night work: max 8 hours/24-hour period.

It is governed by national legislation and/or practice or

by collective agreements.

Free health assessment before being assigned to night

work and thereafter at regular intervals.

If they are deemed to be unsuited to night work, they must

be transferred to day work where possible. If regular used –

information of competent H&S authorities.



Derogations from reference periods for calculating weekly

working time may not exceed 6 months (in case of collective

agreement 12 months)

Special provisions apply to certain sectors of employment:

Mobile workers and offshore activities (daily rest, breaks, weekly rest

and night work)

Workers on board fishing vessels (daily rest, max. weekly working time,

night work)

Doctors in training (transitional period of 5/6 years as of 1.8.2004 – max.

weekly working time 58/56/52/48 hours


Use of work equipment – 89/655/EEC

Employers‘ obligations:

choice of work equipment: eliminate or at least minimise hazards.

Minimus requirements in the Annex - if no other Directive is applicable.

Use, maintenance, repair of work equipment involving a specific risk may only

be carried out by workers who have been specifically designated to the task

to provide adequate information and written instructions on work

equipment, containing at least adequate safety and health information

adequate training, awareness of potential dangers

initial and periodical inspections

to take into account work situation (ergonomic principles)

consultation and participation of workers


Personal protective equipment 89/656/EEC

Objective: minimum requirements for the assessment, selection and correct

use of personal protective equipment (PPE). Priority must be given to collective

safety measures.


PPE must comply with Community provisions on design and manufacture.

Appropriate equipment must be provided free of charge and ensure that it is in good

working order and hygienic condition

Before choosing PPE the employer is required to assess the extent to which it

complies with the conditions set out in the Directive. This includes analysis of risks

which cannot be avoided by other means and definitions and comparison of the

requisite characteristics of the equipment.

Film „Identify the Unknown“: http://osha.europa.eu/en/campaigns/hw2008/napo


Manual handling of loads involving risk – 90/269/EEC

Objective: Protection of workers in the manual handling of heavy loads.

Consultation and participation of workers


to use the appropriate means to avoid the need for manual handling of loads

by workers, or, where this cannot be avoided, to take the appropriate

organisational measures to reduce the risk involved

adequate information on the weight of a load and the centre of grafity or the

heaviest side when a package is eccentrically loaded, proper training and

precise information on how to handle loads correctly, and the risks involved in

incorrect handling

Film: Watch out – Backs only break once http://osha.europa.eu/en/campaigns/hw2008/campaign/animations/warehouse


Work with display screen equipment – 90/270/EEC

Objective: min. requirements to guarantee the safety of workstations

Definition: alphanumeric or graphic display screen, regardless of the display process

employed; exempted are 6 cases, e.g. computer systems on board a means of transport


to analyse workstations, evaluate the safety and health conditions and remedy any risk to

eyesight, physical problems and problems of mental stress

minimum requirements for equipment, environment (space, lighting, noise, heat) and

operator/computer interface. Workers‘ activities must be planned that daily work on a

display screen is periodically interrupted by breaks or changes of activity

Workers are entitled to an appropriate eye and eyesight test before commencing display

screen work, at regular intervals thereafter, and if they experience visual difficulties;

ophtalmological examinations, if necessary and special corrective appliances at no

additional costs to them

Film: http://osha.europa.eu/en/campaigns/hw2008/campaign/animations/computer


Health and Safety Signs 92/58/EEC

Objective: Community system of safety signs designed to reduce the risk of

accidents at work and occupational diseases.

obligatory addition of other signboards and introduction of several other forms of

marking and signalling, e.g. location and identification of containers and pipes and

of fire-fighting equipment, marking of certain traffic routes, illuminated and

accoustic signs, appropriate verbal communication, and hand signals.


Signs must be provided where hazards cannot be avoided or adequately reduced

by preventive measures. Wherever appropriate, signs used for road, rail, inland

waterway, sea and air transport must be installed inside undertakings.

Workers must be informed and given training http://www.oegb.at/servlet/BlobServer?blobcol=urldokument&blobheadername1=content-type&blobheadername2=content-

disposition&blobheadervalue1=application%2Fpdf&blobheadervalue2=inline%3B+filename%3D%22Verordnung%253A_Kennzeichnung.pdf%22&blobkey=id&blobnocache=true&blobtable=Dokument&blobwhere=1197995189980


Self-employed workersRecommendation 2003/134/EC

Minimum standards of protection of H&S of self-employed workers (not subordinated to a third person) who are not generally covered by the FD. Self-employed workers are very often subject to H&S risks similar to employees (agriculture, fishing, construction, transport)

Member States are recommended to promote prevention policies as well as health and safety at work measures (awareness-raising campaigns, access to training and health surveillance).


Temporary work – Directive 91/383/EEC

Objective: to ensure the same level of protection (PPE, information, training etc.).

It specifies more binding and/or more specific provisions on providing information for temporary workers and on medical supervision.

Divided responsibility among user undertakings, temporary employment businesses and health inspection and prevention bodies.

Temporary workers must not be used for work requiring special medical surveillance over a long period. Where exceptions are made, medical surveillance must continue beyond the term of the temporary employment contract.

Member States may ban the use of temporary workers for work that is particularly dangerous, especially work requiring special medical surveillance.


Protection of young people at work – Directive 94/33/EC

Objective: improved working conditions guaranteeing young workers

(under 18) better health and safety protection.

Content: Member States may stipulate that the Directive may not be applicable

to occasional work carried out for a limited period in domestic service in a

private household or to work in a familiy business which is not considered

likely to harm, injure or endanger young people and for the purposes of cultural,

artistic, sporting or advertising activities, subject to prior authorisation

by the competent authority in each specific case.

Member States shall take the necessary measures to prohibit the employment

of children (under 15 or who are still in full-time compulsory education

according to national legislation) and shall ensure that the employment of

adolescents (15-18) is strictly controlled and protected.


Protection of young people at work – Directive 94/33/EC

Children aged 14 years or over who work in an undertaking as part of a work/training scheme or traineeship

Children over 13 may perform light work for a limited number of hours per week in categories of employment defined in national legislation.

types of employment which must not carried out by young people

special provisions relating to working hours, night work, rest periods, annual leave, rest breaks


Protection of pregnant women – Directive 92/85/EEC – 10th indiv. Dir.

Objective: Minimum measures to protect the health and safety

of pregnant workers, womenworkers who have recently given birth

and women who are breastfeeding, considering them to be a specific

risk group.

Content: Avoid the exposure by provisionally adjusting their

working conditions or their working hours. Where this is

technically and/or objectively not feasible, or cannot reasonably be

required on duly substantiated grounds, the employer shall take the

necessary measures to move the worker concerned to another

job. Where transfer is not feasible, the workers must be granted leave

for the whole of the period.


Protection of pregnant women – Directive 92/85/EEC – 10th indiv. Dir.

Pregnant workers may not be obliged to perform duties for which the assessment has revealed a risk of exposure to agents and risky conditions

Workers are not obliged to perform night work during their pregnancy and a period following child birth, subject to submission of a medical certificate, by transferring them to daytime work while possible, otherwise by excusing them from work or extending maternity leave.

Maternity leave: uninterrupted period of at least 14 weeks before and/or after delivery, two of which must occur before. Pregnant workers have the right to take leave from work without loss of pay to attend pre-natal examinations.

Women may not be dismissed for reasons related to their condition from the beginning of their pregnancy to the end of the period of leave from work. For a dissmissal employer must give good grounds in writing.


Revised Framework Agreement concerning parental leave

The European social partners ETUC, BUSINESSEUROPE, CEEP and UEAPME signed an Agreement increasing the duration of parental leave.

The new Agreement:increases parental leave from three to four months for each parent. One of the four months shall be non-transferrable between the parents states that it applies to all workers, regardless of their type of contract (fixed-term, part-time, etc.) also gives parents returning to work after parental leave the opportunity to request a change to their working conditions (working hours, for example) increases protection not just against dismissal but also against any unfavourable treatment due to the exercise of the right to parental leave

The European Commission has adopted the proposal on July 30, 2009. If adopted by Member States in the Council, the proposal would give legal effect to the Agreement.


OVERVIEW - Internet

European Agency for Safety and Health at work (Bilbao) –

http://osha.europa.eu

Legislation and Directives: http://osha.europa.eu/legislation/directives/

Risk Assessment: http://hwi.osha.europa.eu/ra_tools_generic/

Summaries of Legislation (Scadplus):

http://europa.eu/scadplus/leg/en/s02308.htm

European Foundation for the improvement for the living and working

conditions http://www.eurofound.europa.eu/

European Commission DG EMPL

http://ec.europa.eu/employment_social/health_safety/index_en.htm

Austria: http://www.arbeitundgesundheit.at


Austrian situation and legislation

more than ¾ of accidents in Austria are accidents during holidays, sport accidents and homework-accidents!

Only 20% are occupational accidents, -20% since 1995 Austrian ranks 2nd in Europe (after Finland)

2008: 167 (52 on the way to working place) fatal accidents, 130.000 persons injured (3,42 mio. employees); 20% construction sector

Main law: „Bundesgesetz über Sicherheit und Gesundheitsschutz bei der Arbeit (ArbeitnehmerInnenschutzgesetz – ASchG)



General Obligations Evaluation of working places – Risk assessment Situation of employees – qualification, age, handicaps etc. coordination of employers (e.g. on temporary work sites) special rules: leasing of employees designation of one/more workers responsible (> 10

employees) for the protection and the prevention of occupational risks

information and training, cooperation with the works‘ council

maintanance and cleaning, checking


Austrian situation and legislation Work place and temporary work sites

definitions equipment of buildings (floors, walls, doors, windows,

lighting, electricity, security electricity and safety signs, storage of goods, …..

traffic routes, emergency exits, offices, production halls, stores (height, lighting,

climatisation, ventilation….) protection against fire and explosion first aid sanitary/social facilities protection of non-smokers



Working tools

Definition requirements (suitability and legeal requirements,

e.g. CE) placement of working tools, machines checking use of machines (repair, maintenance, cleaning, ….)



dangerous substances (risk of fire,risk of explosure, health risks, biological agents)

evaluation of substances prohibition and substitution storage of dangerous substances measures to avoid risk treshold values



Health Checks

Suitability for the work and regular health checks if there is danger for occupational disease heat, noise, carcinogens employer has to cover the costs



work flow and processes – work places avoidance of risks protection against weather as much as possible qualification manual handling of loads noise heat – cold, …. personal protective equipment display screen equipment



notification requirements

responsible persons list of occupational (fatal) accidents intended use of carcinegens, biological agents construction activities (> 5 days) activities including special danger



recording requirements

security and health checks information/trainings occupational (fatal) accidents injuries of workers (> 3 days) near-accidents (fatal or which could cause heavy

injuries) workers exposed to carcinogens and biological agents examination and maintenance of work tools workers designated for regular/special health checks


Thank you for listening

Napo’s new film about “The End”on the OSHA –Homepage




Thank you!

MMag. Christian MandlAustrian Federal EconomicChamber

Documents

This project is funded by the European Union. The content does not necessarily reflect the opinion of the European Commission. HEALTH AND SAFETY AT WORK