HEALTH AND SAFETY AT WORK

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

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

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Why health and safety at work?

• 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 HS rules

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Critical areas

• Companies dont 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

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Problems

• different transposition of national tresholds
• awareness problems among SME (lt 20 employees)
• motivation of workers using safety equipment
• lack of arbitrary enforcement by authorities
• financing non productive investments

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Costs for the employer

• Napos new film Safety payshttp//osha.europa.e
  u/en/campaigns/hw2008/napo
• fines for non compliance
• insurance premium
• train new workers shift
• filling in forms
• inspection by authorities

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Legislation Information Enforcement but not
punishing!
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Overview Health and Safety at Work
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Horizontal actions

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

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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

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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

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Special workplaces
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(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

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(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)

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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.

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Framework Directiveand Daughter Directives
Website
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Why a Strategy and Framework directive?
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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

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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

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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.

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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.

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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

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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,

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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/e
  n/campaigns/hw2008/napo

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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

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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 SH 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 SH

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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

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Risk Assessment (RA)

• To enable the employer to effectively take the
  measures necessary for the SH 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/campa
  igns/hw2008/napo

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Risk Assessment

• Napos new film about Risk Assessment
• on the OSHA Homepage
• http//osha.europa.eu/en/campaigns/hw2008/napo

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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).

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The five basic steps in risk assessment
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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)

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Risk Assessment

• Napos new film about Risk Assessment
• on the OSHA Homepage
• http//osha.europa.eu/en/campaigns/hw2008/napo

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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

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Consultation/participation of workers

• Employers shall consult workers/reps and allow
  them to take part in discussions on all questions
  relating to SH 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 SH
• 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

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Training of workers, Health surveillance

• The employer shall ensure adequate SH 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

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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

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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.

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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

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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

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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

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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

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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/ca
  mpaign/animations/computer

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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
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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).

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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.

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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.

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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

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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.

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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.

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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.

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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

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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)

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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

57
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

58
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,
  .)

59
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

60
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

61
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

62
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

63
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

64
Thank you for listening

• Napos new film about The End
• on the OSHA Homepage
• http//osha.europa.eu/en/campaigns/hw2008/napo

65
Thank you!MMag. Christian MandlAustrian
Federal EconomicChamber