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Learn about the upcoming EU Commission proposal for a new Directive on ergonomics and WRMSDs presented at the Malta twinning seminar. Explore the background, main elements, EBC’s viewpoint, calendar, and conclusions regarding the legislative base and consultation results. Delve into the novelties, reactions, and calendar for the proposed directive on ergonomics and work-related musculoskeletal disorders.
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The upcoming Commission proposal for a new Directive on ergonomics and WRMSDs Malta twinning seminar “Under Construction II” 2nd October 2009
In this presentation • Background • Main elements • EBC’s point of view • Calendar • Conclusions www.eubuilders.org
Background / 1 LEGISLATIVE BASE 1. "Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006“ 2. “Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work" CONSULTATIONS 2004: First-stage consultation of the European social partners 2007: Second-stage consultation of the European social partners EBC REPLIED TO BOTH CONSULTATIONS www.eubuilders.org
Background / 2 Results of the consultation phases Employers not in favour of new legislation • Single text unrealistic because of multi-factoral nature • WRMSDs already largely covered by current EU legislation • Emphasis to be put on more effective implementation of existing legislation Workers in favour of new legislation • Advocate an Exposure-limit-value-approach • Psychosocial aspects to be considered • Support global approach (regulatory and non-regulatory) Drafting of the directive started – LONG PROCESS www.eubuilders.org
Main elements / 1 Commission pursues a simplification objective • Incorporation of 2 existing directives 90/269 and 90/270 • Make legislation easier to apply (reduced number of references) • Less burdensome (simplified administrative and technical obligations) • More effective (easier to implement and enforce) Main risk factors are listed and defined: • Bio-mechanical, Working environment, Work equipment and workstation layout, Characteristics of objects, Organisation of work www.eubuilders.org
Main novelties • Provide a comprehensive definition of WRMSDs: • “Work-related musculoskeletal disorder: a musculoskeletal disorder caused or made worse by certain working conditions.” • Define risk factors grouped by category • bio-mechanical, working environment and workstation layout, organisation of work • Provide for a mandatory two stage risk assessment • Screening tools (decided by MS) • Health surveillance/thrid party intervention Main elements / 2 www.eubuilders.org
EBC’s reactions • NO Simplification evident – scope becomes wider: ERGONOMICS • EBC not in favour of 2 stage risk assessment BURDENSOME • EBC worried for definition of Work Related MSDs TOO WIDE • Too much room for national-level actionsrisk of GOLD-PLATING • Exposure Limit Values (ELV) removed – POSITIVE POINT • SECTORAL SOCIAL PARTNERS MUST BE GIVEN RIGHT TO DEVELOP NATIONAL PLANS TO TACKLE THE ISSUE www.eubuilders.org
Calendar • Consultation process (ACSH, technical working group of national experts) • Timeline for the Commission’s proposal: • Socio-economic impact assessment report to be submitted to the Impact Assessment Board in December 2009 / January 2010. • Adoption of the proposal by the European Commission: First half of 2010 www.eubuilders.org
Conclusion • This type of legislation in the Health and Safety field applicable in the EU comes from Brussels • EU representation is essential for national organisations representing SMEs • EBC active in shaping this directive in the past and future www.eubuilders.org
Thank You for your attention ! Tim Krögel Technical Advisor tim.krogel@eubuilders.org www.eubuilders.org