Stress at Work SAW

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ETUC/CES/ EGB
Framework agreement
 
on

work-related stress 8 October 2004
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Signatory Parties
John Monks General Secretary of the ETUC
Dr.Jürgen Strube President of UNICE Paul
Reckinger President of UEAPME Rainer Plassmann
General Secretary of CEEP ETUC, Bd du Roi
Albert II, 5, B-1210 Brussels, Tel. [phone]
11 http//www.etuc.org UNICE, Av. de
Cortenbergh 168, B-1000 Brussels, Tel. 32 2
237.65.11, http//www.unice.org UEAPME, Rue
Jacques Lalaing 4, B-1040 Bruxelles, Tel. 32 2
230 75 99 http//www.ueapme.com CEEP, Rue de
la Charité, 15 B-1210 Brussels, Tel. [phone]
98 http//www.ceep.org
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Part 1 - The Framework Agreement from a Health
Safety Point of View

• Roland GAUTHY - Research Officer, ETUI-REHS

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What have been done or still have to be done in
order to fulfill the FA since it was signed?

• Translation ? commonly agreed ?
• Dissemination of the FA ?
• How to improve FAs usability efficiency ?
• Good or bad experiences ?
• Interpretation ?
• Report monitoring ?
• Etc?

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1. Introduction

• Work-related stress has been identified at
  international, European and national levels as a
  concern for both employers and workers.
• Having identified the need for specific joint
  action on this issue and anticipating a
  Commission consultation on stress, the European
  social partners included this issue in the work
  programme of the social dialogue 2003-2005.

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1 Common concern

• Stress is a common concern for the social
  partners it is an increasing worrying
  phenomenon at work
• A need for a specific joint action has been
  identify

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Stress can potentially affect any workplace and
any worker, irrespective of the size of the
company, field of activity, or form of employment
contract or relationship. In practice, not all
work places and not all workers are necessarily
affected.
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2 Broad coverage

• Broad coverage of WR-stress situations
• All workers all companies are concerned
• even the SMEs
• diversity of working contracts or relationships

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Tackling stress at work can lead to greater
efficiency and improved occupational health and
safety, with consequent economic and social
benefits for companies, workers and society as a
whole. Diversity of the workforce is an
important consideration when tackling problems of
work-related stress.
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3 Potentially, high economic social
added-values of the FA

• EU major cause of concern
• Health effects on individual workers
• Economic impact on business social costs
  20 billion in 1999 / 50 of lost working days
• Figures (2000)
• 28 of European workers / 41 millions workers
• 29 women / 28 men
• Technicians, (35), managers (32), clerks (25)
• Diversity of the workforce gender, age,
  qualification, etc.

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2. Aim
The aim of the present agreement is to increase
the awareness and understanding of employers,
workers and their representatives of work-related
stress, draw their attention to signs that could
indicate problems of work-related stress.
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1 Awareness Understanding

• The signatory parties are involved in the
  prevention of work-related stress (WRS) it is a
  common ACTION-ORIENTED task
• They should understand the mechanisms beyond WRS
• not only as a health safety issue
• other aspects of the working life are potential
  stress factors i.e. work CONTENT, ENVIRONMENT
  ORGANISATION

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The objective of this agreement is to provide
employers and workers with a framework to
identify and prevent or manage problems of
work-related stress. It is not about attaching
blame to the individual for stress.
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2 Main target

• All the parties should be able to
• Identify
• Prevent
• Manage
• WR-stress in a collective perspective (the
  focused is not put on the individual) and
• With action-oriented instruments

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• Recognising that harassment and violence at the
  work place are potential work related stressors
  but that the EU social partners, in the work
  programme of the social dialogue 2003-2005, will
  explore the possibility of negotiating a specific
  agreement on these issues, this agreement does
  not deal with violence, harassment and
  post-traumatic stress.

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3 Excluded issues

• Issues such as mobbing, bullying, physical or
  sexual violence, etc. their consequences (e.g.
  post-traumatic stress) are recognized as
  potential stress factors
• but they are excluded from this agreement
  because they could be part of future negotiations
  between the EU social partners

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3. Description of stress and work-related stress
  Stress is a state, which is accompanied by
physical, psychological or social complaints or
dysfunctions and which results from individuals
feeling unable to bridge a gap with the
requirements or expectations placed on them.
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1 What is stress

• It is not the best part of the FA but its
  there!
• Stress as a state OK
• resulting from individual incapability this
  is far too subjective
• Immeasurable
• Too individual
• Linked to stress in general (instead of WRS) and
  even that is too restrictive one could be
  stressed in other ways than the one mentionned
  here
• ? Operationally speaking, this does not provide
  us with any help

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• The individual
• ? is well adapted to cope with short-term
  exposure to pressure,
• which can be considered as positive,
• ? but has greater difficulty in coping with
  prolonged exposure to intensive pressure.
• Moreover, different individuals
• can react differently to similar situations
• the same individual can react differently to
  similar situations at different times of his/her
  life.

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2 positive short term pressure

• This part of the description is also a part of
  our FA but
• The 1st meaning is not totally correct it is a
  singular perspective (without scientific basis)
• The 2nd meaning doesnt add any value to the FA
• Too individual
• Too far from work-related factors
• ? its virtually an empty part of this FA

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• Stress is not a disease
• but prolonged exposure to it
• may reduce effectiveness at work and
• may cause ill health.

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3 self speaking

• Stress
• is expensive for the companies
• has a human price (ill health)

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• Stress originating outside the working
  environment
• can lead to changes in behaviour
• reduced effectiveness at work.
• All manifestations of stress at work
• cannot be considered as work-related stress.
• Work-related stress can be caused by different
  factors such as
• work content,
• work organisation,
• work environment,
• poor communication, etc.

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4 Link with workplace

• This is the key-issue of this chapter
• it concerns the workplace
• even when stress is imported from the outer
  world
• even if it is not work-related
• It focuses for the 1st time on the dynamics of
  stress

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STRESS (not strain)
WORK ENVIRONMENT
TASK
PHYSICAL ENVIRONMENT
SOCIAL ENVIRONMENT
EQUIPMENT
MENTAL STRESS
INDIVIDUAL
MENTAL STRAIN

FATIGUE-LIKE EFFECTS
MENTAL FATIGUE
MONOTONY
REDUCED VIGILANCE
SATIATION
ACTIVATION
WARMING UP
FACILITATING EFFECTS
IMPAIRING EFFECTS
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4. Identifying problems of work- related stress
Given the complexity of the stress phenomenon,
this agreement does not intend to provide an
exhaustive list of potential stress indicators.
However, high absenteeism or staff turnover,
frequent interpersonal conflicts or complaints by
workers are some of the signs that may indicate a
problem of work-related stress.
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1 Stress Indicators

• This is not a shopping list !
• It is a non exhaustive balanced list of
  examples from
• the workers group absenteeism staff
  turn-over
• the employers group (individual perspective)
  workers complaints
• ? Employers workers have to ACT jointly if such
  indicators (signs) are present

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Identifying whether there is a problem of
work-related stress can involve an analysis of
factors such as work organisation and processes
(working time arrangements, degree of autonomy,
match between workers skills and job
requirements, workload, etc.), working conditions
and environment (exposure to abusive behaviour,
noise, heat, dangerous substances, etc.),
communication (uncertainty about what is expected
at work, employment prospects, or forthcoming
change, etc.) and subjective factors (emotional
and social pressures, feeling unable to cope,
perceived lack of support, etc.).
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2 Identification process

• This key mentions important stressors related
  to
• Work organization, processes
• Working condition environment
• Employment prospects (job security, contractual
  relations) forthcoming changes
• !!! Non-subjective factors !!!
• Subjective factors emotional social pressures

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• If a problem of work-related stress is
  identified, action must be taken to prevent,
  eliminate or reduce it.
• The responsibility for determining the
  appropriate measures rests with the employer.
• These measures will be carried out with the
  participation and collaboration of workers and/or
  their representatives.

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3 Actions key

• Actions taken with the PARTICIPATION the
  COLLABORATION of WORKERS REPS in all stages of
  systematic stress-reduction
• Prevention
• Elimination
• Reduction
• The fact that the employers willingness to act
  is necessary is also recognized in this

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5. Responsibilities of employers and workers
Under framework directive 89/391, all employers
have a legal obligation to protect the
occupational safety and health of workers. This
duty also applies to problems of work-related
stress in so far as they entail a risk to health
and safety. All workers have a general duty to
comply with protective measures determined by the
employer.
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1 Reference to the Framework Directive 89/391
(FWD)

• The FWD describes clearly the obligations of the
  employers in the field of O.S.H. ? the clear
  FWDs reference REINFORCES the FA
• Workers compliance is needed this is fully
  acceptable

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Safety health protection of workers (dir.
89/391) the preventive approach

• Avoid risks
• Evaluate residual risks STRESSORS
• Combat risks at source
• Adapt work to
• Individuals
• Technical progress
• Replace by the less dangerous
• Coherent overall protection ? work organisation,
  working conditions, social relations, etc.
• Priority to collective measures
• Instructions to workers

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Implementing the prev. approach

• Priority eliminate risk factors stressors
• Stressors ? Stress ? Cause ? Consequence
• Exposure to risk factors stressors
• Adaptation (from stress to  stress-less )
• MSD risk factor repetitive movements
• STRESS risk factor (stressor)short delays

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FA Stress ? HS Directive

• EU Directive ( praxis)
• Avoid risks
• Evaluate residual risks
• Combat risks
• Adapt work
• Less dangerous
• Coherent protection
• Collective measures
• Instructions to workers

• FA Stress
• Aim
• Awareness, Signs
• Causes
• Work Content, Organisation, Environment,
  Communication
• Identification
• Signs Stressors Individual
• Prevent, evaluate, reduce ?? measures
• Management,
• Communication,
• Training

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• Addressing problems of work-related stress may be
  carried out
• within an overall process of risk assessment,
• through a separate stress policy
• and/or by specific measures targeted at
  identified stress factors.

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2 Choice of the instrument

• The choice of the instrument on how to address
  the problems of WRS is open different methods
  are in use
• Overall risk assessments as foreseen in the FWD
• Stress policies development
• Specific measures dedicated to specific
  problems etc.

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6. Preventing,eliminating or reducing problems of
work-related stress
Preventing, eliminating or reducing problems of
work-related stress can include various measures.
These measures can be collective, individual or
both. They can be introduced in the form of
specific measures targeted at identified stress
factors or as part of an integrated stress policy
encompassing both preventive and responsive
measures.
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1 Kind of measures

• Flexibility is given to adapt the measures to
  each situation
• ? Collective (or individual) measures
• Anti-stress (or better said anti-stressors)
  policy should be understood as DYNAMIC ACTION
  PLAN (because it is revised)
• ? see following ex.

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• Risk Assessment
• What ?
• Why ?
• When ?
• How ?
• Who ?

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A Solution-Oriented Model
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From risk assessment ? actions

• The basic idea of this ACTION-ORIENTED model is
  that as soon as a problem is detected (at any
  level) a solution is searched
• On a participative way with the workers who
  experience the problem
• If a satisfying solution cannot be found or if
  the problem could not be understood, other
  competences are involved
• External experts dont master the real situation
  ?? they start from another  point of view  (an
  external one !!)

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Reminder

• The Preventive Approach (P.A.)
• Its strategy eliminating the risks
• Its implementation compulsory dynamic
• Essential characteristics
• Participative
• Holistic
• Multidisciplinar

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Where the required expertise inside the work
place is insufficient, competent external
expertise can be called upon, in accordance with
European and national legislation, collective
agreements and practices.
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• Track potential causes ? interpersonal,
  hierarchy, burden (work loads), schedules, noise
  etc.
• Try to find a suitable solution to well (in a
  participatory way) identified problems
• Holistic approach focused on objective facts
  subjective feelings
• External expertise when necessary

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Remark on the experts

• Do not underevaluate the worker (or overevaluate
  the expert)
• the worker / the operator is the UNIQUE
• real expert on his workplace
• Consequently,
• Call the expert neither too soon nor too late ?
  when necessary
• Require from him profesionnalism, ethic, privacy
  
• Eliminate gurus, or  besserwisser  (there are
  millions of them in the field of stress)

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Once in place, anti-stress measures should be
regularly reviewed to assess their effectiveness,
if they are making optimum use of resources, and
are still appropriate or necessary.
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3 Dynamic nature of the process

• Regular review of the anti-stress(ors) measures
• Monitoring of the
• Effectiveness
• decreased stress-level?
• elimination of risk factors?
• Necessity to increase / modulate the efforts,
  address other issues, etc

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• Such measures could include, for example
• management and communication measures
• such as clarifying the companys objectives and
  the role of individual workers, ensuring adequate
  management support for individuals and teams,
  matching responsibility and control over work,
  improving work organisation and processes,
  working conditions and environment,
• training managers and workers
• to raise awareness and understanding of stress,
  its possible causes and how to deal with it,
  and/or to adapt to change,
• provision of information to and consultation
  with workers and/or their representatives
• in accordance with EU and national legislation,
  collective agreements and practices.

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3 Kind of measures

• The examples are related to the previous
  chapters
• it increases the coherence of the text
• it reinforces the previous chapters on
• management responsibility
• work organisations processes
• working conditions
• training information (but not of the workers
  reps)
• as it is in line with the FWD 89/391, it even
  reinforces the application of the basic principles

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• Thank you
• for your attention !

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Part 2 - The Framework Agreement from an
Implementation Point of View

• Stefan CLAUWAERT - Research Officer, ETUI-REHS

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7. Implementation and follow-up In the context
of article 139 of the Treaty, this voluntary
European framework agreement commits the members
of UNICE/UEAPME, CEEP and ETUC (and the liaison
committee EUROCADRES/CEC) to implement it in
accordance with the procedures and practices
specific to management and labour in the Member
States and in the countries of the European
Economic Area. The signatory parties also invite
their member organisations in candidate countries
to implement this agreement.
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Preliminary remarks

• Acquis?
• Argument pro embedded in art. 139 EC Treaty
  (both social dialogue as such, as well as the
  possibility to conclude agreements)
• Await clarity from ECJ
• Voluntary?
• Legally binding NO!
• Contractually binding YES!!
• Cfr. Art 139
•  May lead to contractual relations, including
  agreements 
•  Agreements concluded at Community level shall
  be implemented   (also the language of COM
  (2004) 557  obligation to implement )
• To avoid confusion one uses now the word
   autonomouos !

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Preliminary remarks

• ETUC position
• The process to enter into negotiations is
  voluntary,
• NOT
• the outcome and its implementation

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1 2 Who and how?

• WHO?
• Member organisations of ETUC/UNICE-UEAPME/CEEP
• But this does not exclude the involvement of
  non-member organisations!!!
• EU-25 (so including new member states)
• EEA relevance
• Invitation to the candidate countries
• HOW?
•  Procedures and practices specific to ML and
  Member States 
• Interprofessional collective bargaining
• Sectoral, regional, local or enterprise
  collective bargaining
• Legal measures (including erga omnes procedures)
• Others? Guidelines, joint declarations (E.g. UK,
  SE)
• Or a combination of the abovementioned
  initiatives!

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The implementation of this agreement will be
carried out within three years after the date of
signature of this agreement.
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3 Deadline for implementation

• Three years as from 8 October 2004
• Thus, implementation must be finalised before
• ! 8 October 2007 !

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Member organisations will report on the
implementation of this agreement to the Social
Dialogue Committee. During the first three years
after the date of signature of this agreement,
the Social Dialogue Committee will prepare a
yearly table summarising the on-going
implementation of the agreement. A full report on
the implementation actions taken will be prepared
by the Social Dialogue Committee during the
fourth year.
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4 Reporting

• To the Social Dialogue Committee (SDC)
• Yearly overview on developments
• (2005, 2006 2007)
• Full implementation report in 2008 by SDC
• !! But more regular interim reporting is expected
  from ETUC affiliates in order to prepare the
  abovementioned !!

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The signatory parties shall evaluate and
review the agreement any time after the five
years following the date of signature, if
requested by one of them.
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5 Evaluation and review of FA

• 5 years after signatory
• On request of one of the signatory parties
• Thus possible from 2009

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In case of questions on the content of this
agreement, member organisations involved can
jointly or separately refer to the signatory
parties, who will jointly or separately reply.
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6 Interpretation questions

• Same as in telework agreement
• Joint or separate reply possible
• ETUC tried but was not able to get a reference in
  the text on the positive role national mediation,
  conciliation and arbitration processes can play
  in the implementation/interpretation process
• There is the ETUC interpretation guide!

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When implementing this agreement, the members
of the signatory parties avoid unnecessary
burdens on SMEs.
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7 What about implementation in SMEs?

• Adapted implementation for and in SMEs is
  allowed
• BUT this does not mean that FA should not be
  implemented for and in SMEs!
• One but sufficient argument
• UEAPME is one of signatory parties

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Implementation of this agreement does not
constitute valid grounds to reduce the general
level of protection afforded to workers in the
field of this agreement.
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7 Non-regression clause

• One of the cornerstones of all social dialogue
  agreements
• Was felt more than necessary given the
  experiences gained in the implementation of all
  previous agreements
• And remember more favourable implementation is
  always possible and welcomed!

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This agreement does not prejudice the right of
social partners to conclude, at the appropriate
level, including European level, agreements
adapting and/or complementing this agreement in a
manner which will take note of the specific needs
of the social partners concerned.
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8 Adaptability clause

• At all levels (EU sectoral, national, sectoral,
  regional, local, enterprise,) an adapted
  implementation is allowed but this does not mean
  that one can go beyond the basic principles,
  rights and obligations contained in this
  agreement!

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AND REMEMBER ALSO

•  Framework Directive 89/391/EC
• Although contested by (some) employers,
  work-related stress is clearly covered and this
  is confirmed by an analysis of
• The preparatory documents leading to the FWD and
  some individual directives
• The ECJ-case law on the Working Time Directive
  93/104/EC
• There is nothing in the wording of Article 118a
  to indicate that the concepts of "working
  environment", "safety" and "health" as used in
  that provision should, in the absence of other
  indications, be interpreted restrictively, and
  not as embracing all factors, physical or
  otherwise, capable of affecting the health and
  safety of the worker in his working environment,
  including in particular certain aspects of the
  organization of working time. On the contrary,
  the words "especially in the working environment"
  militate in favour of a broad interpretation of
  the powers which Article 118a confers upon the
  Council for the protection of the health and
  safety of workers. Moreover, such an
  interpretation of the words "safety" and "health"
  derives support in particular from the preamble
  to the Constitution of the World Health
  Organization to which all the Member States
  belong. Health is there defined as a state of
  complete physical, mental and social well-being
  that does not consist only in the absence of
  illness or infirmity. (Case C-84/94, 14-15)
• See also the Annex 2 of the ETUC Interpretation
  Guide

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• Thank you
• for your attention !