Case 7 EPH2022 Flashcards
(43 cards)
1
Q
*What legislation exists for occupational health?
A
- Framework directive 89/391/EEC - on the introduction of measures to encourage improvements in the safety and health of workers at work
- Individual directives
- Article 153 TFEU Lisbon Treaty
- Article 114 TFEU Lisbon Treaty
- Council Directive 91/383/EEC
- Guidelines (non-binding documents which aim to facilitate implementation of Directives)
- Directive 2003/88/EC - Working Time - Safety and Health at Work - EU-OSHA
2
Q
What is the aim of the framework directive 89/391/EEC?
A
- aims to encourage improvements in safety & health of workers at work
- Basic safety and legal act about general principles concerning prevention & protection of workers against occupational accidents & diseases
3
Q
What are the general principles. ofpreventionlisted in the framework directive 89/391/EEC?
A
- avoiding risks
- evaluating the risks
- combating the risks at source
- adapting the work to the individual
- adapting to technical progress
- replacing dangerous by non- or less dangerous
- developing prevention policy
- prioritising collective protective measures (over individual protective measures)
- giving appropriate instructions to workers
4
Q
What are the responsibilities of the employer according to framework directive 89/391/EEC?
A
- evaluate risks to safety & health of workers
- measures improving level of protection for workers
- consult workers on introduction of new technologies;
- designate workers to follow protection & prevention of occupational risks
- list of occupational accidents & authorities reports
- inform & consult workers & allow to take part in discussions
- ensure workers receives adequate safety & health training
- Psychosocial risk management
5
Q
What are the responsibilities of the employee according to framework directive 89/391/EEC?
A
- correct use of machinery, apparatus, tools, dangerous substances, etc & PPE
- immediately inform employer of any work situation presenting an immediate danger & shortcomings in protection arrangements
- cooperate with employer in fulfilling any requirements created for protection of health & safety & in enabling him to ensure that working environment & working conditions are safe and pose no risks.
6
Q
What does the framework directive 89/391/EEC not cover?
A
- Covrs almost all employees, except domestic servants (and self employed)
- Self employed is becoming a problem because more and more poeple are self-employed nowadays mostly due to economic developments/crisis.
7
Q
What are individual directives?
A
- Additional to framework directive
- Focus on specific aspects of safety & health at work
- Where individual directives contain more stringent and specific provisions, these special provisions prevail.
- define how to assess these risks and, in some instances, set limit values for certain substances or agents.
8
Q
What are the principles of the individual directive?
A
- Specific tasks (e.g. manual handling of loads)
- Specific hazards at work (e.g. exposure to dangerous substances or physical agents)
- Specific workplaces and sectors (e.g. temporary work sites, extractive industries, fishing vessels)
- Specific groups of workers (e.g. pregnant women, young workers, workers with a fixed duration employment contract)
- Certain **work-related aspects **(e.g. organisation of working time)
9
Q
*What are some issues with the framework directive 89/391/EEC?
A
- Technically temporary workers would be covered in this framework directive but it is difficult to implement. In 1991 created council directive 91/383/EEC supplementary directive for temporary/precarious workers
10
Q
*What is the purpose of the council directive 91/383/EEC?
A
measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship
11
Q
What are specific workplace subjects covered by legislaltion
A
1.Workplace
* temporary/mobile construction sites
* Safety and/or health signs
* Explosive atmospheres
* Surface/underground mineral extracting industries
12
Q
Who has legal control in the EU?
A
- EC is responsible for overseeing & implementation of EU legislation by individual MS
- EC should develop oversight arrangements, policies to promote compliance with legislation & correct infringements of EU law
- Individual MS are responsible for implementation and control EU law, e.g. by using Labour inspectorates
- In the end, employers have to act upon EU law
I think this is commission
13
Q
What is an infringement procedure?
A
Commission may take legal action against an EU country that fails to implement EU law.
14
Q
What is the background & history of EU involvement in OHS?
A
- Prime objective of EU: to create single market based on the fundamental economic freedoms (free exchange of goods and services)
- Common standards in quality & safety are necessary to prevent unfair competition between MS and protect citizens.
E.g. If 1 MS, does not have to take into account employee safety & can pay lower salaries, then you get an unfair competition with MS that have stricter rules.
15
Q
What are the 3 main institutions of the EU?
A
- European parliament
- Council of. theEU
- European Commission
16
Q
What is the role of European parliament?
A
- part of the legislative, or law making, process in the EU
- represents the EU’s citizens and is directly elected by citizens
17
Q
What is the role of the council of EU?
A
- ministers from each EU country meet to discuss, amend and adopt laws, and coordinate policies.
- Presidency of the Council is shared by the MS on a rotating basis every 6 months.
- sets the EU’s overall political direction - but has no power to pass laws
18
Q
What is the role of the European Commission
A
Responsible for:
* drawing up proposals for new European legislation
* implements decisions of European Parliament & the Council of EU.
19
Q
*What are the different policy tools to improve employee health?
More tools?
A
- Risk assessment
- Luxembourg declaration?
- EU Occupational Safety and Health (OSH) Strategic Framework 2014-2020
- EU Strategy 2021-2027: Occupational safety and health in a changing world of work
- Campaigns for healthy workplaces 2023-2025: safe and healthy work in the digital age
20
Q
What measures does risk assessment enable for employers to take that are necessary to protect health & safety of their workers?
A
- preventing occupational risks;
- providing information and training to workers;
- putting in place organisation & means to implement necessary measures.
21
Q
How is risk assessed?
A
Step 1: Identifying hazards & those at risk
Step 2: Evaluating & prioritising risks
Step 3: deciding on preventive action
Step 4: taking action
Step 5: monitoring & reviewing.
22
Q
What duties does the employer have with reagrds to risk assessment?
A
- ensure safety & health of workers
- select person competent to carry out assessment
- assess risks & implement protective measures
- consult employees about organisation of risk assessment & persons carrying out assessment & implementing preventive measures
- ensure persons affected informed of any hazard/harm to which may be at risk & of all protective measures.
23
Q
*What is the Luxembourg declaration?
same card different case?
A
24
Q
What is the EU Strategy** 2021-2027**: Occupational safety and health in a changing world of work
A
- Creating positive infrastructure at national levels (difficult because of differences between MS)
- Strategic Framework takes tripartite approach - involving EU institutions, MS, social partners & other stakeholders.
- Focuses on three key priorities:
1. Anticipating & managing change in world of work (digital, green & demographic transitions, type of employments, increase of mental health problems)
2. Improving prevention of work-related diseases & accidents
3. Increasing** preparedness** for possible future health threats
4. In line with OECD 2019 Employment outlook
25
Why was there a new strategy for occupational safety & health?
1. COVID-19 crisis highlighted crucial importance of health, including health & safety at work.
2. Old framework is outdated (more about having the right infrastructure)
3. New framework is more about creating the right infrastructure & healthy & safe environments.
26
What does success of the framework 2021-2027 depend on?
implementation at EU, national, sectoral & enterprise levels, with:
* effective enforcement
* social dialogue
* funding
* awareness-raising
* data collection
27
How can you evaluate the effectiveness of frameworks & what are the difficulties?
* If successful look at data
* But relatively broad policies
* Looking at incidences/exposures
* Difficult to evaluate the effectiveness because MS are ‘free’ in how they implement the policies, infrastructure.
28
What is the purpose of healthy workplace campaigns (HWC) in general?
HWC are flagship awareness-raising activity. Main way of getting message to workplaces across Europe.
Lots of different campaigns throughout the years to focus on healthy workplaces: see docs
29
What is the campaigns for healthy workplaces **2023-2025: safe and healthy work in the digital age**
* Raise **awareness** on impact of new** digital technologies on work**
* Place digital OSH within wider EU policy debate
* considering gender dimension & needs of specific groups of workers at increased risk
30
What are the priority areas of campaigns for healthy workplaces **2023-2025: safe and healthy work in the digital age**
1. Digital platform work
2. Advanced robotics and artificial intelligence
3. Remote work
4. Smart digital systems
5. Worker management through artificial intelligence
31
What is the **Directive 2003/88/EC - Working Time - Safety and Health at Work - EU-OSHA**
Highlights:
* minimum periods of rest, daily & weekly
* annual leave
* break times
* maximum working times every week.
Aim: protect workers from hazards at workplace & occupational illnesses due to shift, night work & certain work patterns.
32
What is. theEuropean Committee for the regions (CoR)?
* CoR is voice of regions and cities in the EU
* Represents local & regional authorities across EU & advises on new laws that have an impact on regions and cities (70% of all EU legislation)
33
What is. theEuropean Committee for the regions (CoR)?
* CoR is voice of regions and cities in the EU
* Represents local & regional authorities across EU & advises on new laws that have an impact on regions and cities (70% of all EU legislation)
34
What were some distractions for the EU the last few years and what are they doing to recover?
* Brexit (Jan 31, 2020)
* Pandemic Corona
impact on PH, healthcare, economy, world of work, occupational healthcare
Increase of unemployment, WLB issues, mental health problems.
In June 2020, EC decided to take charge in the purchase of corona vaccines (overruling MS and TEU) => event-politics instead of regulation-politics? Did private parties play a role in this?
Creation of an EU Recovery Fund - see doc for website
35
Why is there a difference in the implementation of the framework directive between MS?
* Availability of trained staff
* Financial resources to spend on implementation
* Commitment of certain organisations (e.g. green energy)
* Different priorities
* Culture
36
*What are 2 types of approaches for policies?
| this is not only for eu policies but also e.g. occupational policies
**1. Goal-oriented approach** - bottom up - try to get everyone (especially target population) involved such as come up with policies
**2. Prescriptive approach** - top down (outlining the rules and everybody has to follow).
E.g. if tutor says 15 min break, you can ask what the students think if they want a break (bottom-up approach) or you could say we are having a break and not asking students if they want a break (top-down approach)
37
Is there a European added value of EU legislations?
1. **European added value is additional to value created by actions of individual MS**
2. Directives set out goals MS should follow & achieve
3. More MS that are **trying to achieve these goals.**
4. Benefits of doing together: **learn from other MS** & **saves resources** (divide tasks, etc)
5. Otherwise **unfair competition** e.g. if MS has very strict legislation and other doesn't)
Key message: **lot of legislation, but not optimally implemented. **
38
Do the legislation from the EU work?
1. Working time quality improved
2. Skills level and autonomy increased
3. Good career prospects
4. Physical work environment safer
5. Proportion of workers in mixed occupations increased
| Since 2000 in Europe, improvements in
38
What is the council directive 91/383/EEC
measures to encourage improvements in safety & health at work of workers with fixed- duration employment relationship or a temporary employment relationship
39
What is Article 153 TFEU Lisbon Treaty
The Community shall support and complement the activities of MS in the improvement of the working environment to protect workers’ OHS
40
What is Article 114 TFEU Lisbon Treaty
Establishment of common market. “In its proposals concerning health, safety, environmental & consumer protection, MS will take as a base a high level of protection:”
41
What are specific activities covered by legislaltion
2.**Specific activities**
* Manual handling of loads
* Display Screen equipment
* Drilling
42
What specific exposures to agents are covered by legislaltion
3.**Exposure to agents**
* Carcinogens
* Biological agents
* Chemical agents + REACH
* Vibrations
* Noise
* Electromagnetic fields
* Optical radiation
