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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 2007-201261and an expert ong>ofong> WG CHEMEX will participate in ong>theong> elaboration ong>ofong> ong>theong> Trainingfor Enforcement Trainers to be delivered by ong>theong> Forum in 2012.Oong>theong>r projectsIn addition, oong>theong>r projects are on-going outside ong>theong> SLIC to strengong>theong>n ong>theong>synergies between REACH and OSH policies:› A guide on ong>theong> interface between OSH and REACH requirements wasdeveloped in 2010 by ong>theong> WP on Chemicals ong>ofong> ong>theong> ACSH. This providesemployers with more information about how ong>theong>y should meet ong>theong>requirements in ong>theong> REACH Regulation and ong>theong> Chemical Agents Directiveavoiding duplication ong>ofong> work. 53 However, this guide is a good example ong>ofong> areader-unfriendly document, in particular for non-OSH experts, with a lack ong>ofong>good practices and concrete steps to be taken.› A Commission project is on-going, which is looking at ong>theong> possibleintroduction ong>ofong> inspection requirements in ong>theong> REACH Regulations and forthat purpose is carrying out a comparative analysis with ong>theong> SLIC’s 2004‘Common Principles for Labour Inspection’. 54› In 2009, EU-OSHA issued a Working Paper on ‘Labour inspectorates’strategic planning on safety and health at work’, which looks inter alia at ong>theong>setting ong>ofong> inspections priorities by ong>theong> national inspectorates ong>ofong> ong>theong> EUMember States and EEA/EFTA countries. 55› A report was recently published by ong>theong> Commission on ong>theong> assessment ong>ofong> ong>theong>overlaps between ong>theong> REACH Regulations and oong>theong>r relevant EU legislation,including workers’ health and safety. 56Although ong>theong>se various actions are certainly encouraging, ong>theong> integration ong>ofong>REACH-related issues into an EU ong>strategyong> on health and safety at work should notbe limited to ong>theong> SLIC, which while certainly competent, only represents one partong>ofong> ong>theong> stakeholders.Cooperation between SLIC and ACSHThe Strategy recommends that cooperation between ong>theong> SLIC and ong>theong> ACSH isstrengong>theong>ned, in particular through ong>theong> preparation ong>ofong> legislative initiatives and ong>theong>ong>evaluationong> ong>ofong> ong>theong> implementation ong>ofong> directives. In several Member States, ong>theong> SLICand ACSH representatives are ong>theong> same person, which ensures a certain degree ong>ofong>continuity and consistency between ong>theong> two forums. Oong>theong>r initiatives havedeveloped in cooperation, such as ong>theong> joint ACSH/SLIC working group on53 Guidance for employers on controlling risks from chemicals – Interface betweenChemicals Agents Directive and REACH at ong>theong> workplace, October 2010. Available at:http://ec.europa.eu/social/main.jsp?langId=en&catId=2254 Milieu Ltd, RPA and PACE, Inspection requirements for REACH and CLP, Final Report,Study Contract N o 070307/2010/580405/SER/D3 (report approved but not yet published).55 Labour inspectorates’ strategic planning on safety and health at work, European RiskObservatory Working Paper, European Agency for Safety and Health at Work, 2009,available at http://osha.europa.eu/en/publications/reports/TE-80-09-641-EN-N_labour_inspectorates.56 Milieu Ltd, Technical assistance related to ong>theong> scope ong>ofong> REACH and oong>theong>r relevant EU legislationto assess overlaps, Final report submitted 12 March 2012, Service Contract070307/2009/550863/SER/D3.http://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

62 EVALUATION OF THE EUREVALUATION OF THE EUROPEAN STRATEGY ON SAFETY AND HEALTH AT WORK 2007-201262machinery, most ong>ofong> ong>theong> outcomes ong>ofong> which are taken on board by ong>theong> Commissionto become Decisions with real legal effects. Communication between ong>theong> twobodies is now well institutionalised and it can be considered that cooperation isstrong. Any future strategic document should clearly build on this strongrelationship.Member State monitoring ong>ofong> implementation ong>ofong> legislationThe Strategy also recognizes ong>theong> important role played by Member States in ong>theong>monitoring ong>ofong> ong>theong> legislation on workers’ health and safety, in particular in relationto ong>theong> effectiveness ong>ofong> ong>theong> work carried out by national labour inspectorates. TheStrategy states that Member States should take steps to “enable labourinspectorates to ensure that those concerned meet ong>theong>ir obligations and are able toexercise ong>theong>ir rights”.Member States haveimplementednumerousinstrumentsThe mid-term review identified relevant good practices implemented in ong>theong>Member States, based on ong>theong> information collected for ong>theong> Scoreboard 2009(combination ong>ofong> on-site and system inspection methods, regular ong>evaluationong>s ong>ofong>OSH inspection annual work plans). These results were furong>theong>r refined by ouranalysis:› A few Member States have set up platforms to enable cross-border exchangesong>ofong> experience and information. In particular, cooperation agreements havebeen adopted between ong>theong> Lithuanian state labour inspectorate and ong>theong> Polish,Latvian and Estonian labour inspectorates;› Several Member States have set up specific training for labour inspectors onOSH requirements (e.g. Bulgaria, Denmark, Finland, France, Italy, Latvia,Neong>theong>rlands, Romania, United Kingdom);› Several Member States have enhanced ong>theong> administrative capacities ong>ofong> ong>theong>irlabour inspectorates (e.g. Bulgaria, Slovakia, Latvia), while oong>theong>rs haveincreased ong>theong> resources ong>ofong> ong>theong>ir labour inspector body (e.g. Slovenia, Finland);› Some Member States have adopted new legislation or improved existinglegislation (e.g. Bulgaria, Italy, Latvia, Malta);› Several Member States have carried out enforcement campaigns in specificsectors with a high number ong>ofong> accidents (e.g. Spain, Greece, Sweden,Belgium);Nationalinspectorates underbudgetary pressureOne important factor has been mentioned during interviews with Member Statestakeholders, in particular SLIC representatives, in relation to national labourinspectorates in ong>theong> EU. In ong>theong>se times ong>ofong> economic uncertainties and reduction ong>ofong>public spending, labour inspection resources have decreased in many countries,hindering ong>theong> progress made through experience and good practice exchanges. Butong>theong> issue ong>ofong> ong>theong> lack ong>ofong> resources ong>ofong> labour inspectorates is not purely linked to ong>theong>economic crisis since ong>theong> 2004 report on ong>theong> implementation ong>ofong> ong>theong> FrameworkDirective and several individual directives already noted thatong>theong> national reportshttp://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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