Improvement of Health and Safety at the Workplace as a Target for Social Dialogue,

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• 1. The ETUI-HESA
• 2. Role of Trade Unions
• in OHS
• 3. What is on negotiation
• agenda in OHS
• 4. Compensations for
• dangerous work?

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vkempa_at_etui-rehs.org

• Professional background
• current topics
• Technical University
• Mining Industry
• Branch Trade Union
• TUTB
• HEalth and SAfety Department
• Co-ordination of New MS CC
• Migrant Workers HS
• OHSM VPP

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www.etuc.org
The ETUI-HESA
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www.etuc.org
European Trade Union Confederation ETUC Who
does ETUC represent? 60 million workers
81 national confederations 12 federations
36 countries
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www.etui-rehs.org
European Trade Union Institute for Research,
Education and Health and Safety
Who are we?

• ? 58 employees
• 32 women
• 26 men
• 29 employed as officers
• ? 3 departments
• 34 persons in the Research Dep.
• 14 persons in the Education Dep.
• 10 persons in the Health and Safety Dep.
• ? A diversity of professional backgrounds,
  nationalities, identities
• and cultural backgrounds
• ? We are a newly created (2006), non-profit
  international organisation

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http//hesa.etui-rehs.org/uk
ETUI-Health and Safety Department
MAIN TASKS Support and technical expertise to
the ETUC Support to workers group within the
ACSHW and to Bilbao Agency Support to
European trade union movement
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http//hesa.etui-rehs.org/uk
ETUI-HEalth and SAfety Department
EU policies, Application of EU
legislation, Prevention systems Work
organisation / Precarioius work Workers HS
representation Enlargement Psychosocial risks
- Stress, Violence MSD Chemicals Asbestos
Work equipment safety / CEN Information
Publications - HESA Mail - HESA Newsletter
Training
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Tools of Trade Unions in the field of OHS

• Legislation
• Collective bargaining
• Social dialogue
• Networking
• Cooperation with other actors
• Lobbing
• Training

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Basic tasks for trade unions in OHS

• PREVENTION
• Monitoring working conditions
• Reacting on changing world of work
• Maintaining workers rights
• Acting on behalf of workers on the European,
  National, Branch Enterprise level
• Strenghtening social dialogue

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EU legal initiatives

• The Council Directive 89/391/EEC
• 18
• individual directives

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EU HS legislation Impmementation

• Historical background
• Time factor
• Other priorities
• Social dialogue  unnecessary obstacle
• Need to improve communication

• Limited resources
• Lack of government participation
• Lack of funds and awareness
• Missing economic incentives
• Inadequate infrastructure

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EU HS legislation Implementation
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IMPEMENTATION A Crucial Role of The Trade
Unions

• In all levels of the OHS legislation
• Information, Consultation and Participation of
• Workers
• Workers HS Reps
• Social Dialogue EU/national level

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EU Social dialogueConstitutional background,
Art. 138-139 EC Treaty
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Bipartite Social Dialogue at EU level

• From 1986 to 2007 around 50 joint initiatives
• 5 Framework agreements (all branches)
• on Parental Leave, 1995
• on Part Time Work, 1997
• on Fixed Term Contracts, 1999
• on Telework, 2000
• on Stress at Work, 2005
• on Violence at Work, 2007
• 1 Framework of actions
• Framework of actions on the lifelong development
  of competencies and qualifications, 2002
• More than 40 Joint recommendations, opinions,
  compendia of good practices

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Advisory Committee on SH at Work
SCOPE OF CONSULTATIONS The ACSH is consulted
on many of the EC initiatives, and under all
circumstances when the EC produces a new
directive or revises an existing one. For
instance, the committee was consulted regarding
the preparation of the framework directive HS
and of every directive subsequently issued in the
area of HS at work
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European Agency for Safety and Health at Work

• ? Collect and disseminate information in the
  Member States
•  
• ? Promote and support cooperation/exchange
  amongst the MS
• ? Organize conferences/seminars and exchanges of
  experts
•  
• ? Supply the EU bodies and the Member States with
  information
• ? Establish and coordinate the network
•  
• Collect and make available information from and
  to third countries
• and international organizations
• ? Provide information on methods/tools for
  implementing prevention
• ? Contribute to the development of EU action
  programmes

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European Foundation for the Improvement of Living
and Working Conditions

• carries out research and development projects
• provides data and analyses to inform and
  support the formulation of EU policy on
  working and living conditions
• has a network of experts throughout Europe ?
  research, assessing national situations,
  preparation of case studies and national reports
• Foundation monitoring tools
• European Industrial Relations Observatory (EIRO)
• European Working Conditions Observatory (EWCO)
• European Restructuring Monitor (ERM)
• European Monitoring Centre on Change (EMCC)

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WHERE WE GO
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The General Context

• The new strategy (2007-2012)
• A work programme still to be defined for the
  Commission and for the Luxembourg Ctee
• A number of accidents (4 mil.) and diseases
  (costs as a burden for social systems) must be
  decreased on 25 workplaces, enterprises,
  companies, branches, Member States
• MSD
• Better regulation
• Non-binding instruments
• National strategies
• Mainstreaming
• Better risk assessment

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The General Context

• Main danger soft approach
• Some limited open windows
• Strong pressure from DG enterprises (and, to a
  minor extent, DG public health)
• REACH (from 2007)
• Better regulation exercise
• Broader regulation on labour market ( green
  book ,  flexicurity , working time, etc...)

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Our priorities general aspects

• Articulation between EU strategy and national
  strategies
• Strengthening the preventive structures
• Safety reps
• Labour inspection
• Preventive services
• Monitoring the situation (not only accidents!)

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Our priorities thematics for legislative
developments

• Chemicals
• The REACH context
• Carcinogens
• Reproductive risks
• Limit-values
• The new Helsinki Agency
• MSD

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Our priorities other thematics

• Stress monitoring the implementation of the
  agreement
• Violence national implementation process
• Guides (migrant workers, OHSM, working equipment,
  MSD, etc.)
• 2008 week on risk assessment

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The regulatory context

•  Better regulation 
• On the  past  ex-post impact assessment
• For the future  predictive  impact assessment
• Reports on the application

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Strengthening our influence in the EU institutions

• Bilbao
• Dublin
• Euro Parliament
• Commission
• Council (Member States)

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Fields for cooperation with HESA

• Developing of work programme
• Cooperation in the information system (web,
  Newsletter, e-Newsletter)
• Campaigning together
• MSD
• Safety reps
• Networks
• Cancer and reprotoxics
• 28 April 2008?
• Etc

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COMPENSATIONS
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Extra salary, benefits, bonuses, compensations,
premiums

• Difference between EU and New Countries approach
• Some examples from EU Member States
• The Czech experience two tracks

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Extra salary, benefits, bonuses, compensations,
premiums

• EU approach
• Generally the use of risk premium for hazardous
  working conditions is abolished
• Systems of so called  compensations  dont
  follow preventive approach of the Framework
  directive
• First of all, the risk assessment and the
  preventive measures must be introduced by each
  employer
• Each potential risks must be removed or reduced
  to acceptable level

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Extra salary, benefits, bonuses, compensations,
premiums

• New and Candidate Countries
• There still exist systems of compensations for
  work in dangerous conditions
• These systems are based on law or collective
  agreements
• Extra money
• Additional holiday and shorter working time
• Breaks
• Periodical health surveillance
• Special food or drinks

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Extra salary, benefits, bonuses, compensations,
premiums

• Hungary (Autonomous)?
• The compensations were add to basic wages No
  more financial bonuses.
• Shorter working week (36 hours)?
• Extra paid holiday (plus six days)?
• Extra breaks for outdoor worker (less than -10OC)
  and in high mental strain
• In health sector labs radiation etc
• Slovenia (ZSSS)?
• Premiums are determined in collective agreements
• App. 15 of the workforce falls under this
  agreements
• Premiums can create 2-8 of income (in
  construction sector 20)?
• New Law on protection and health at work
  stipulates deadlines when the risks should be
  abolished or diminished

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Extra salary, benefits, bonuses, compensations,
premiums

• Lithuania
• Specific pay rates shall be defined in collective
  agreements and contract of employment
• Shorter working time
• Special breaks
• Extendeed annual leave up to 58 calendar days
• Poland
• Free milk and drinks
• Workers Representatives can negotiate wage
  supplements
• Estonia
• Any premiums

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Extra salary, benefits, bonuses, compensations,
premiums

• Germany (Bundesanstalt für Arbeitsschutz und
  Arbeitsmedizin Dortmund)?
• Any bonuses have to be negotiated by the
  collectice agreements (tarif bargaining)?
• Compensations just for workload which doesn't
  harm the health of workers
• France (Institut national de Recherche et de
  Securite)?
• Workers must be sufficiently protected in any
  workplaces
• Austria (Bundesm
• inisterium für Wirtschaft und Arbeit)?
• Autonomous bargaining of social partners on
  tarifs minimum protection must be guaranteed

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Extra salary, benefits, bonuses, compensations,
premiums

• The UK (HSE)?
• This concept doesn't exist in the UK
• Tarifs/manual work
• Legislation PPE
• Sweden (SWEA)?
• Non-removable risk factors Agreement of social
  partners
• One exception in legislation Longer holiday /
  radiation
• Finland (MSAH)?
• Social partners Collective bargaining, better
  standards
• Minimum standards Legislation,

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Extra salary, benefits, bonuses, compensations,
premiums

• Another point to emerge was that some labour
  inspectors accept very serious risk situations or
  caution an employee in a risk situation
  directly.
• A. Rice and P. Repo, Health and safety at the
  Workplace Trade Union Experiences in Central
  and Eastern Europe, ILO CEET, Budapest, 2000.

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Extra salary, benefits, bonuses, compensations,
premiums

• Who plays a role Labour Inspection?
• What about Social Partners?

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7 principles of accident prevention
Find a substitution
Control the risk
Identify hazard
Protect yourself
Evaluate the risk
Eliminate the risk
OR ESCAPE!
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The European Trade Union Institute for Research,
Education and Health and Safety
CONTACT ETUI - HESA Boulevard du Roi Albert II,
5 box 5 B-1210 Brussels Belgium Tel
32-2/224.05.60 Fax [phone] vkempa_at_etui-r
ehs.org