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evaluation of the european strategy on safety and health at work ...

evaluation of the european strategy on safety and health at work ...

EVALUATION OF THE

EVALUATION OF THE EUROPEAN STRATEGY ON SAFETY AND HEALTH AT WORK 2007-2012594.2.2 Monitoring ong>theong> application ong>ofong> legislationSupporting ong>theong> implementation ong>ofong> ong>theong> EU OSH corpus ong>ofong> legislation is not justabout providing ong>theong> right tools to companies to implement ong>theong> requirements, butalso about verifying ong>theong> correct application ong>ofong> ong>theong>se requirements to reach ong>theong>desired level ong>ofong> protection.The European ong>strategyong> defined a number ong>ofong> actions to be undertaken by ong>theong> SeniorLabour Inspectors Committee (SLIC) - based on ong>theong> recommendations made by ong>theong>SLIC itself – in order to improve coordination among Member States onmonitoring ong>theong> application ong>ofong> EU OSH legislation. These include:› develop methods ong>ofong> exchanging information,› look at ong>theong> issue ong>ofong> different incidence rates ong>ofong> occupational accidents acrossMember States,› exploit synergies with REACH enforcement furong>theong>r› and strengong>theong>n cooperation with ong>theong> ACSH.The European ong>strategyong> also encouraged Member States to take actions tostrengong>theong>n ong>theong> work ong>ofong> ong>theong> national labour inspectorates.Exchange ong>ofong> informationSeveral instruments have been regularly used by ong>theong> SLIC since its creation topromote exchange ong>ofong> experiences. This includes ong>theong> ong>theong>matic days, ong>theong> peer-reviewong>evaluationong>s ong>ofong> national inspection systems, ong>theong> exchanges ong>ofong> Member Stateong>ofong>ficials, ong>theong> use ong>ofong> CIRCA 52 and ong>theong> pan-European enforcement campaigns. Theeffectiveness ong>ofong> ong>theong>se tools to exchange best practices and experience was recentlyevaluated by a working group set up especially for this task within SLIC.Pan-EuropeancampaignsThematic daysThe result ong>ofong> ong>theong> ong>evaluationong> shows that pan-European campaigns are ong>theong> mosteffective tool ong>ofong> ong>theong> SLIC, along with ong>theong> peer-review ong>ofong> national labour inspectionsystems. The campaigns are implemented on a voluntary basis which means that allparticipants are very motivated. They are also quite popular as 26 Member Statesout ong>ofong> 27 participated to ong>theong> last campaign on dangerous substances.The ong>theong>matic days, which take place ong>theong> day before ong>theong> SLIC’s plenary meetings,complement ong>theong>se different initiatives by putting one issue on ong>theong> spotlight for afull day. The SLIC has also participated in ong>theong> set up ong>ofong> an exchange platform fornational labour inspectorates through ong>theong> Project CIBELES (Convergence ong>ofong>Inspectorates Building a European Level Enforcement System). The projectelaborated 14 proposals on what should be done to enable and improve a SLICexchange platform, mostly related to ong>theong> coordination ong>ofong> procedures acrossMember States. Follow-up activities have been proposed after ong>theong> publication ong>ofong>ong>theong> CIBELES report, in particular ong>theong> possibility to scale up ong>theong> experience and52 Communication and Information Resource Centre Administrator - a collaborativeworkspace with partners ong>ofong> ong>theong> European institutionshttp://projects.cowiportal.com/ps/A019055/Documents/3 Project documents/Interim and final report/Final report October 2012/OSH ong>evaluationong>-report_Final_submitted 14 March2013.docx

60 EVALUATION OF THE EUREVALUATION OF THE EUROPEAN STRATEGY ON SAFETY AND HEALTH AT WORK 2007-201260open ong>theong> project to ong>theong> 27 Member States as it was successful in ong>theong> 9 pilotcountries.Monitoring ong>theong> enforcement ong>ofong> ong>theong> legislation is one ong>ofong> ong>theong> main problems relatedto ong>theong> EU OSH legal corpus. While legislation on OSH in is almost identical, ong>theong>levels ong>ofong> enforcement are extremely varied. The tools used by ong>theong> SLIC toexchange experience and best practices have been particularly effective and useful,according to ong>theong> different ong>evaluationong> reports and ong>theong> interviews ong>ofong> EU and MemberState stakeholders. In addition to ong>theong> SLIC’s action, it should be mentioned thatEU-OSHA's enterprise survey (European survey ong>ofong> enterprises on new andemerging risks, ESENER) can contribute to ong>theong> objective ong>ofong> monitoringenforcement by providing a comparative picture ong>ofong> compliance across ong>theong> 27Member States. The second edition ong>ofong> ong>theong> survey in 2014 will allow an assessmenthow ong>theong> situation has evolved over time.Reducing incidence rates ong>ofong> occupational accidentsThe SLIC was also asked in ong>theong> Strategy to examine ong>theong> reasons for differentincidence rates ong>ofong> occupational accidents in ong>theong> Member States and discussexperience ong>ofong> innovative solutions to reducing accident incidence rates. At itsplenary meeting in Bilbao on 7 May 2010, it was decided that a working groupwould be set up to take this work forward and discuss Member State experiences ong>ofong>innovative solutions. In ong>theong> final report, ong>theong> working group provided an inventoryong>ofong> good practises from ong>theong> Member States, but it did not result in a fixed set ong>ofong>recommendations and it is not clear how and to which extent ong>theong> results ong>ofong> ong>theong>work was used by ong>theong> Member States.WG CHEMEXREACH synergiesThe European Strategy states that ong>theong> SLIC should examine ong>theong> role ong>ofong> labourinspectorates when assessing ong>theong> impact ong>ofong> REACH and should develop synergiesin cooperation with oong>theong>r inspection bodies. A working group, WG CHEMEX, wasset up in 2006 to work on ong>theong> topic ong>ofong> ong>theong> impact ong>ofong> ong>theong> REACH regulation(adopted in 2005) on ong>theong> regulatory provisions for chemicals in ong>theong> workplace. TheWorking Group carried out a survey to assess ong>theong> level ong>ofong> preparedness ong>ofong> MemberStates to enforce REACH. The survey identified three key issues to be addressedby labour inspection services and to be followed up by ong>theong> SLIC:› Setting up a common framework to enforce ong>theong> requirements ong>ofong> REACH in aconsistent manner;› Setting up an effective exchange ong>ofong> practices;› Identifying ong>theong> points ong>ofong> overlap, synergy and tensions between ong>theong> REACHRegulation and OSH Directives.Work is on-going in WG CHEMEX in cooperation with EU-OSHA and ong>theong>European Chemical Agency (ECHA) to address ong>theong>se issues, in particular inrelation to ensuring that duplication ong>ofong> effort by ong>theong> different inspection systems isavoided, and that synergies are fully exploited. In particular, ong>theong> 2011-2013 workprogramme ong>ofong> ong>theong> REACH Forum for Exchange ong>ofong> Information on Enforcementmentions that ong>theong> SLIC, is invited to ong>theong> Forum plenary meetings on a regular basishttp://projects.cowiportal.com/ps/A019055/Documents/3 Project documents/Interim and final report/Final report October 2012/OSH ong>evaluationong>report_Final_submitted14 March 2013.docx

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