HEALTH AND SAFETY AT WORK

1. HEALTH AND SAFETY AT WORK MMag. Christian MandlAustrian Federal EconomicChamber

4. Headlines • Introduction and Overview • Horizontal Actions and Framework Directive • Sectoral Issues • Austrian Situation and Legislation

5. Whyhealthandsafetyatwork? • + 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

6. Critical areas • 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

7. 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

8. 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

9. Legislation + Information + Enforcement but: not punishing!

10. Overview Health and Safety at Work

11. Horizontal actions • use of work equipment • use of personal protective equipment • manual handling of loads involving risk

12. 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

13. 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

14. Special workplaces

15. (Special) workplaces I • workplace 89/654/EEC • temporary and mobile work sites 92/57/EEC • extractive industries 92/91/EEC, 92/104/EEC • vessels 93/103/EEC, 92/29/EEC

16. (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)

17. 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.

18. Why a Strategy and Framework directive?

19. 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

20. 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

21. 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.

22. Framework – Directive 89/391/EEC • 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.

23. Framework – Directive 89/391/EEC • 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

24. Framework – Directive 89/391/EEC • 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, …

25. Framework – Directive 89/391/EEC • 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

26. Framework – Directive 89/391/EEC • 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

27. Framework – Directive 89/391/EEC • 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

28. Framework – Directive 89/391/EEC • 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

29. 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

30. Risk Assessment Napo’s new film about Risk Assessment on the OSHA –Homepage • http://osha.europa.eu/en/campaigns/hw2008/napo

31. Risk Assessment • There are not fixed rules how the RA should be undertaken, but 2 principles: • Structure the assessment to ensure that all relevant hazards and risks are addressed • 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).

32. The five basic steps in risk assessment

33. 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)

34. Risk Assessment Napo’s new film about Risk Assessment on the OSHA –Homepage • http://osha.europa.eu/en/campaigns/hw2008/napo

35. 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

36. 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

37. 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

38. 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

39. Organisation of working timeDir. 2003/88/EC • 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.

40. Organisation of working timeDir. 2003/88/EC • 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

41. 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

42. 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. • Employers‘ obligations: • 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

43. 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 • Employers‘ obligations: • 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

44. 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 • Employers‘ obligations: • 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

45. 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. • Employers‘ obligations: • 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

46. 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).

47. 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.

48. 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 businesswhich 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.

49. 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

50. 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.