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

68 EVALUATION OF THE EUREVALUATION OF THE EUROPEAN STRATEGY ON SAFETY AND HEALTH AT WORK 2007-201268<strong>the</strong> mobile construction sites directive, that <strong>the</strong> compliance problemsidentified and <strong>the</strong> extremely high rate <strong>of</strong> accidents at work suggest thatemployers have difficulties in understanding <strong>the</strong> directive 68 and proposed thatnon-binding guidance should be produced at <strong>the</strong> EU level to help all playersunderstand <strong>the</strong>ir obligations and rights. This was done by <strong>the</strong> ACSH in March2011 and gave rise to a relatively easy to read guidance document, <strong>the</strong> impact<strong>of</strong> which at local level is not yet known. The report also highlighted <strong>the</strong>difficulties in enforcing health and safety provisions in relation tosubcontracting, providing fur<strong>the</strong>r evidence that action on issues related tosubcontracting is necessary.› The report on <strong>the</strong> application <strong>of</strong> Directives 92/91/EEC (extracting industrythrough drilling) and 92/104/EEC (mineral-extracting industry) 69 has shownthat with regard to large and medium-sized enterprises, application <strong>of</strong> <strong>the</strong> twodirectives seems satisfactory. However, smaller companies tend to lack <strong>the</strong>financial resources and <strong>the</strong> knowledge needed for an effective health andsafety policy and in general Member States have not adopted specific rulescovering <strong>the</strong> specificities <strong>of</strong> SMEs.› The report on <strong>the</strong> implementation <strong>of</strong> Directives 92/29/EEC (medical treatmenton board vessels) and 93/103/EC (fishing vessels) 70 highlighted that while<strong>the</strong>re have been improvements in safety requirements and <strong>the</strong> safety training<strong>of</strong> crews on board fishing vessels, <strong>the</strong> impact <strong>of</strong> <strong>the</strong> fishing vessels directivehas been limited. Firstly, because it applies only to larger vessels and alsobecause little attention has been paid to working conditions that mightincrease <strong>the</strong> risk <strong>of</strong> occupational diseases and unhealthy lifestyles. It alsohighlighted that a non-binding EU guide could help to address <strong>the</strong> extremelyhigh rate <strong>of</strong> accidents in <strong>the</strong> fishing sector and <strong>the</strong> fact that many vessels falloutside <strong>the</strong> scope <strong>of</strong> <strong>the</strong> fishing vessel directive. This guide is currently in itsfinal stage <strong>of</strong> preparation. In general, <strong>the</strong> report highlighted <strong>the</strong> lack <strong>of</strong>enforcement <strong>of</strong> OSH requirements on board vessels, mainly because <strong>of</strong> <strong>the</strong>limited number <strong>of</strong> labour inspectors who actually go on board vessels.› The <strong>evaluation</strong> <strong>of</strong> <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Chemical Agents Directive98/24/EC is currently underway.CodificationThe Commission has continued its work for <strong>the</strong> codification <strong>of</strong> OSH Directives.Overall, three OSH Directives have been codified, on carcinogens and mutagens(Codified Directive 2004/37/EC), on work equipment (Codified Directive2009/104/EC) and on asbestos (Codified Directive 2009/148/EC). Although itallows a clearer and unified view <strong>of</strong> <strong>the</strong> different revisions that have beenundertaken <strong>of</strong> a single directive, <strong>the</strong> process <strong>of</strong> codification has in fact little effectfrom an implementation point <strong>of</strong> view.68 Commission Communication adopted on 6 November 2008 – (COM(2008) 698 final), p469 Commission Communication adopted on 3 September 2009 – COM(2009) 449 final70 Commission Communications adopted on 29 October 2009 – COM(2009) 599 finalhttp://projects.cowiportal.com/ps/A019055/Documents/3 Project documents/Interim and final report/Final report October 2012/OSH <strong>evaluation</strong>report_Final_submitted14 March 2013.docx