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> elaborationong>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 onong>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 Regulationandong>theong> Chemical Agents Directiveavoiding duplicationong>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 atong>theong> possibleintroductionong>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 onsafetyandhealthatwork’, which looks inter alia atong>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> Commissiononong>theong> assessment ong>ofong> ong>theong>overlaps between ong>theong> REACH Regulations and oong>theong>r relevant EU legislation,including workers’ healthandsafety. 56Although ong>theong>se various actions are certainly encouraging, ong>theong> integrationong>ofong>REACH-related issues into an EU ong>strategyong> onhealthandsafetyatwork 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 andong>theong> ACSH isstrengong>theong>ned, in particular through ong>theong> preparationong>ofong> legislative initiatives andong>theong>ong>evaluationong> ong>ofong> ong>theong> implementationong>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 atong>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 onsafetyandhealthatwork, 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> implementationong>ofong> legislationThe Strategy also recognizes ong>theong> important role played by Member States in ong>theong>monitoring ong>ofong> ong>theong> legislationonworkers’ healthandsafety, 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 onong>theong> information collected for ong>theong> Scoreboard 2009(combinationong>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 andong>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 reductionong>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 onong>theong> implementationong>ofong> ong>theong> FrameworkDirective and several individual directives already noted that “ong>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