HEALTH AND SAFETY AT WORK

1
HEALTH AND SAFETY AT WORK

• PHARE Business Support Programme of the European
  Union
• UEAPME - SME FIT II

2
OVERVIEW
3
Horizontal actions

• use of work equipment
• use of personal protective equipment
• manual handling of loads involving risk

4
Horizontal actions

• work with display screen equipment
• provision of health and safety signs at work
• equipment and protective systems intended for use
  in potentially explosive atmospheres

5
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)

6
(Special) workplaces

• workplace
• temporary and mobile work sites
• extractive industries
• vessels

7

• exposure to carcinogens and mutagens, biological
  agents, chemical agents, asbestos
• risk of explosive atmospheres,
• ionising radiation, noise, electromagnetic
  fields, mechanical vibration, optical radiation)

8
OVERVIEW
9
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

10
Framework Directiveand Daughter Directives
Website
11
Evaluation EC Strategy2002-2006

• 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

12
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

13
Organisation of working timeDir. 2003/88/EC

• Working time period during which the worker is
  working, at the employers 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 gt6h
• 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

14
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 HS authorities.

15
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

16
Self-employed workersRecommendation 2003/134/EC

• Minimum standards of protection of HS 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 HS 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).

17
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.

18
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.

19
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, provided that this work is carried
  out in accordance with the requirements laid down
  by the competent authority
• 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 such as work which exceeds the
  mental or physical capacities, work involving
  harmful exposure to dangerous substances
• special provisions relating to working hours,
  night work, rest periods, annual leave, rest
  breaks

20
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.

21
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.

22
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)
• Main law Bundesgesetz über Sicherheit und
  Gesundheitsschutz bei der Arbeit
  (ArbeitnehmerInnenschutzgesetz ASchG),

23
Austrian situation and legislation

• 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 (gt 10
  employees) for the protection and the prevention
  of occupational risks
• information and training, cooperation with the
  works council
• maintanance and cleaning, checking

24
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

25
Austrian situation and legislation

• Working tools
• Definition
• requirements (suitability and legeal
  requirements, e.g. CE)
• placement of working tools, machines
• checking
• use of machines (repair, maintenance, cleaning,
  .)

26
Austrian situation and legislation

• 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

27
Austrian situation and legislation

• 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

28
Austrian situation and legislation

• 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

29
Austrian situation and legislation

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

30
Austrian situation and legislation

• recording requirements
• Security and health checks
• information/trainings
• occupational (fatal) accidents
• injuries of workers (gt 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

31
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_tool
  s_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/em
  ployment_social/health_safety/index_en.htm
• Austria http//www.arbeitundgesundheit.at

32
Thank you!MMag. Christian MandlAustrian
Federal EconomicChamber
PHARE Business Support Programme of the European
Union UEAPME - SME FIT II