dr Zofia PawłowskaCentral Institute for Labour Protection – National Research InstituteWarsaw, Poland
Contents:‣ Legal requirements for OSH consultationin companies‣ The role of trade unions and social labourinspection in OSH management in a company‣ OSH management system as a toolsupporting employee participation‣ Factors influencing employee participationin OSH management
CONSULTATION ON SAFETY AND HEALTHLABOUR CODE, Section X, Chapter XI, Article 237Obligations of all employers:‣ to consult their employees and/or theirrepresentatives on matters related to healthand safety‣ to ensure appropriate conditions to meetthe duty to consult (particularly the time offfor consultations during working hours)
CONSULTATION ON SAFETY AND HEALTHLABOUR CODE, Section X, Chapter XI, Article 237Employees or their representatives have theright to:‣ make proposals for eliminating or reducingexposure to occupational hazards‣ ask labour inspection to inspect workplacesin a company
Participants of OSH consultations in companiesOSH representatives(elected by trade unions orby employees according tothe procedure establishedin a companyEmployerorrepresentativeof employerOSH Committee(established obligatoryby employer in companies withmore than 250 employees)All employees
SAFETY AND HEALTH COMMITTEELABOUR CODE, Section X, Chapter XI, Article 237OSH Committee should be established by employerswith more than 250 employees and composed of equalnumber of :‣ worker representatives (including social labourinspector) and‣ employer representatives (including OSH specialistsand occupational medicine doctor).Employer should ensure appropriate supportand expertise, necessary for fulfilling tasksof OSH Committee.
SAFETY AND HEALTH COMMITTEELABOUR CODE, Section X, Chapter XI, Article 237Basic tasks of OSH Committee:‣ performing periodic reviews of working conditions andassessments of OSH performance,‣ giving opinions on preventive measures proposed byemployer,‣ developing proposals of actions directed at improvingworking conditions,‣ cooperating with employer to meet their duties on OSH.OSH Committee should meet at least once every threemonths.
Methods of OSH consultations used in companiescan be choosen by employerOSH committee49%meetings with OHSrepresentatives28%meetings with employees18%in written5%0% 10% 20% 30% 40% 50% 60%Source: B. Krzyśków: The role of trade unionsin improving working conditions, 2011
The role of trade unionsand social labour inspectionin OSH management in a company
The role of trade unionsTrade unions:‣ exercise social control over observance of thelegislation on labor protection‣ participate in enforcement of OSH regulationsAct of 23 May 1991 on Trade UnionsPercentage of trade unions members in totalnumber of employees in Poland30%28%20%20%14%17%15%10%0%1991 2000 2007 2008 2010Source: CBOS
The role of trade unionsTrade unions can influence OSH in companies by:‣ collective agreements or other agreements withemployer‣ election or selection of employees OSHrepresentatives (including the representativesin OSH Committee)‣ election and managing social labour inspection,‣ analysing information on working conditionsprovided by employer and making proposals‣ promoting OSH-related matters
The role of social labour inspectionin OSH management in a companySocial labour inspection:‣ is a social service provided by employees with the aimto ensure safety and health at work and the protectionof the employee rights according to legal requirements‣ is managed by company trade union‣ represent the interests of all employeesEmployer is obliged:‣ to ensure appropriate conditions which enable socialinspectors to fulfill their tasks‣ to cover costs related to activities of social labourinspectorsThe Act Of 24 June 1983 On Social Labour Inspection
The role of Trade Unions and Social Labour Inspectionin social dialogue in a companyThe tasks of social labour inspectors include:‣ inspections of company’s premises, machines andtechnological processes,‣ participation in investigations of occupational accidentsand work-related diseases and verification wetherappropriate preventative measures are being taken,‣ participation in social inspections of working conditions,‣ giving opinions on plans for improvement of workingconditions and occupational rehabilitation as well asmonitoring their implementation,‣ influencing observance of health and safety requirementsby employee’s,‣ promoting involvement of all employees in OSH-relatedactivities.
Implementing different forms of direct participationin comapnies with and without trade unionspercentage of companies without trade unionspercentage of companies with trade unionsDiscussing OSH-related issues withimmediate manager50%67%Discussing OSH-related issues withmanagement at regulat meetings62%55%Reporting OSH-related issues in writingReporting OSH-related issues throughrepresentatives54%58%62%71%Solving OSH-related issues by groups ofemployees36%55%0% 20% 40% 60% 80%Source: Pawłowska Z., Implementing employee participationin occupational safety and health management , 2008
Strenght of participationin companies with and without trade unions100%90%80%70%60%50%86%percentage of companies with trade unionspercentage of companies without trade unions69% 67%78% 78%50%62%46%40%30%20%10%0%Informing onoccupational risksinforming onchanges whichmay affect OSHconsulting withemployees OHSrelatedmattersparticipation indecision-makingprocessesSource: Pawłowska Z., Implementing employee participationin occupational safety and health management , 2008
OSH management system as a tool supportingemployee participation
VOLUNTARY POLISH STANDARD PN-N-18001„OSH MANAGEMENT SYSTEMS – REQUIREMENTS”The top management of a company should: make arrangements for employees and theirrepresentatives to have time and resources toparticipate actively in the processes of planning,implementation, maintaining, checking, preventiveand corrective actions and other actions for continualimprovement of occupational safety and healthmanagement system ensure effective arrangements to ensure fullemployees’ and their representatives’ participation
Implementation of OSH MS influencedevelopment of employees’ participation0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%Solving OSH-related issues bygroups of employees29%91%Reporting OSH-related issuesthrough representatives52%91%Reporting OSH-related issues inwritingDiscussing OSH-related issues withmanagement at regular meetings38%38%76%79%Discussing OSH-related issues withimmediate manager57%79%with OSH MSwithout OSH MSSource: Pawłowska Z., Implementing employee participationin occupational safety and health management , 2008
Implementation of OSH MS influencedevelopment of employees’ participation0% 20% 40% 60% 80% 100%Informing on risksInforming on changes at theworkplaceConsultation64%64%91%81%91%85%Participation in decision making45%71%with OSH MSwithout OSH MSSource: Pawłowska Z., Implementing employee participation inoccupational safety and health management , 2008
Factors influencing employee participationin OSH management
Factors supporting developmentof employee participationLegal requirementsManagement commitmentand awarenessImplementing OHSmanagement systemTrade union activitiesEmployees willing toparticipateNoinfluenceModerateinfluenceStronginfluence0 3
Development of employee participationin companiesSlightlyincreasedIncreasedSignificantlyincreased0 0,1 0,2 0,3 0,4 0,5 0,6 0,7 0,8Informing on OSH-relatedmattersConsultations on OSH-relatedmattersInfluence of employees onOSH-related decisionsNumber of employees involvedin OSH-related activities