‘European Union OSH Policy and
Regulatory Framework in the
Extractive Industries
Matthew Heppleston
International Conference on Occupational Health and Safety in
Mines.
Istanbul
04th December 2014
Structure of the presentation
•
•
•
•
Strategic Framework 2014-2020
Ex post evaluation
OSH in the Extractive Industries
Conclusion
2
The EU Strategic Framework on Health
and Safety at Work 2014-2020
• Format is a Communication from the Commission
• Published in Brussels 6.6.2014
• Number COM(2014) 332 final
(Use your favourite web search engine)
3
What are the main challenges?
• A stocktake of the previous strategy shows key
challenges are common across the European union
and require further policy action.
• Three major challenges identified:
1.
2.
3.
Implementation in Member States
Aging workforce, emerging or new risks, prevention of
occupational diseases
Tackling demographic change
4
First challenge : How to improve the
implementation record in MS?
• The scope and effectiveness of OSH management remains a
challenge for micro and SMEs. Show lower levels of
compliance with rules.
• Effective protection of workers’ health and safety has to be
ensured in all workplaces regardless of size.
• Simpler, more efficient solutions that take into account the
situation of micro and small enterprises:
• simplifying legislation where appropriate, and
• providing tailored guidance and support to micro and small
enterprises to facilitate risk assessment.
5
How can we facilitate compliance with OSH legislation,
particularly by micro and small enterprises
• Risk is not related to the size of the undertaking:
• Small enterprises may have high risk activities e.g.
foundries, machine shops, construction work etc.
• Risk relates to the activity being performed and is also a
dynamic process which needs to be kept under ongoing
review:
• Need to help SME to better understand their obligations of
risk assessment (i.e. it is not the end point) and how it is used
in a process which leads onto effective risk control.
6
Second challenge: aging workforce, emerging
or new risks, prevention of occupational
diseases
• Issues with stress, ergonomic risks and moving loads as
well as anxiety and depression are by far the most often
mentioned health problems caused or worsened by work
(Euro Barometer survey 2014).
• Industrial application of new technologies and new work
organization, despite their obvious benefits, can entail risks
(e.g. nano, bio and green technologies)it is necessary to
gather and evaluate sound scientific evidence, to identify
how emerging new risks can best be addressed.
7
Second challenge: aging workforce, emerging or new risks,
prevention of occupational diseases.(continued)
• Identify ways to promote the physical and psychological
health of older workers.
• Changes in work organisation through IT developments
could allow more flexible and interactive working.
• Raise awareness of: psychosocial and mental health
disorders, occupational cancers, lung diseases, skin diseases,
asthma and other chronic conditions, ergonomics and
musculoskeletal disorders.
• The assessment of new emerging risks.
• Based on scientific evidence, the results will be crucial parts of the
ex post evaluation of current OSH legislation.
8
Third challenge: Tackling demographic change
• The EU population is becoming older and the working population is
•
•
•
also ageing.
In order to ensure sustainable social security, an extension of
working life is necessary. This will require appropriate working
conditions throughout the entire working life.
Successfully prolonging working careers depends on appropriate
adaptation of workplaces and work organisation, including working
time, workplace accessibility and workplace interventions targeted
at older workers.
Reintegration and rehabilitation measures allowing for early return
to work after an accident or disease are needed to avoid early
exclusion from the labour market.
9
Key Strategic Objectives:
• Actions will be implemented or developed in close
collaboration with member States, social partners
and other stakeholders.
• Progress in delivering the action plan will be the
subject of systematic monitoring and evaluation.
• Results will feed into the evaluation of OSH
legislation.
• 7 key tasks
10
Key Strategic Objectives: 7 key tasks
1. Further consolidate national strategies
2.Facilitate compliance
3. Better enforcement in Member States
4. Simplify existing legislation
5. Aging workforce, new risks, diseases
6. Improve statistical data
7. Coordinate EU and international efforts
11
•
•
•
•
Strategic Framework 2014-2020
Ex post evaluation
OSH in the Extractive Industries
Conclusion
12
Ex-post evaluation OSH - general
• New
five-yearly exercise under
Framework Directive 89/391/EEC.
the
OSH
• First exercise covering period 2007 to 2012.
• Evaluation of 24 EU Directives on health and
safety at work according
effectiveness, coherence.
to
relevance,
• Commission report by the end of 2015 at the
latest.
13
24 EU Directives concerned (1)
Directive 89/391/EEC on the introduction of measures to encourage
improvements in the safety and health of workers at work (Framework
Directive)
- Workplaces Directive (89/654/EEC);
-Work equipment Directive (2009/104/EC);
- Personal protective equipment Directive (89/656/EEC);
- Manual handling of loads Directive (90/269/EEC);
- Display screen equipment Directive (90/270/EEC);
- Chemical agents Directive (98/24/EC);
- Carcinogens and mutagens Directive (2004/37/EC);
- Asbestos Directive (2009/148/EC);
- Biological agents Directive (2000/54/EC);
- Construction sites Directive (92/57/EEC);
14
24 EU Directives concerned (2)
- Safety and/or health signs at work Directive (92/58/EEC);
- Pregnant workers Directive (92/85/EEC);
- Mineral-extracting industries through drilling Directive (92/91/EEC);
Surface
and
underground
mineral-extracting
industries
Directive
(92/104/EEC);
- Fishing vessels Directive (93/103/EC);
- Medical treatment on board vessels Directive (92/29/EEC);
- Explosive atmospheres Directive (1999/92/EC);
- Physical agents (vibration) Directive (2002/44/EC);
- Physical agents (noise) Directive (2003/10/EC);
- Physical agents (electromagnetic fields) Directive (2004/40/EC);
- Physical agents (artificial optical radiation) Directive (2006/25/EC);
- Fixed-duration employment relationship or a temporary employment
relationship Directive (91/383/EEC);
- Young workers Directive (94/33/EC);
15
Ex-post evaluation – main elements
for final Commission report
• National implementation reports –Commission
Decision C(2011) 9200 defines the structure and
questionnaire to be followed by Member States
(all reports received by now)
• Independent study by an external consortium –
due May 2015
• Commission's own experience with Directives
16
Ex-post evaluation – main tasks
 Task 1 : Mapping of the practical implementation.
 Task 2: Evaluation according to the criteria of
relevance, effectiveness and coherence.
 Task 3 : Recommendations.
17
Ex-post evaluation – actors involved
• Advisory Committee for Safety and Health at
Work (ACSH) Working Party on Evaluation of OSH
Directives.
• Inter-Service
Steering Group (ISSG) with
representatives from 13 Commission DGs, the
European Agency for Safety and Health at Work
(EU-OSHA) and the European Agency for
Improvement of Living and Working Conditions
(Eurofound) agencies.
All deliverables of the study are discussed in detail
within ACSH and ISSG.
18
Ex-post evaluation - state of play
•
•
•
•
•
•
•
2nd interim report received in June 2014.
3rd interim report expected November 2014.
Validation seminar 9th December 2014.
Draft final report due February 2015.
Final report due May 2015.
Commission report due end 2015.
Review of EU OSH Strategic Framework in 2016
19
Social Dialogue
• Play an important role in designing and
implementing OSH policies
• Can assist in innovative solutions to reach micro
and SME's
• Tripartite Advisory Committee on Safety and
Health at Work and the European social dialogue
structures have a key role in this respect
20
Structure of the presentation
•
•
•
•
Strategic Framework 2014-2020
Ex post evaluation
OSH in the Extractive Industries
Conclusion
21
Advisory Committee and the SWP
COUNCIL DECISION of 22 July 2003 setting up an Advisory
Committee on Safety and Health at Work(2003/C 218/01)
• The Committee shall have the task of assisting the Commission in the
preparation, implementation and evaluation of activities in the fields of
safety and health at work. This task shall cover the public and the private
sectors of the economy.
• (Article 5 (1)). Within the Committee, there shall be three interest groups,
made up of representatives of national governments, trade unions and
employers' organisations respectively.
• (Article 6(4)), set up a standing working party made up of 5 experts for
each interest group, to deal, on a regular basis, with questions relating to
safety and health at work in the mining and other extractive industries.
http://ec.europa.eu/social/main.jsp?catId=148&langId=en
22
ACSH Standing Working Party
Mandate for 2013-2015
• Provide advice and support to the Committee to achieve its tasks
with reference to the mining and other extractive industries; and
• Submit draft opinions for adoption by the Committee on future
Community initiatives which affect safety and health at work in
the mining and other extractive industries.
•
• Specific tasks of the Standing Working Party (SWP):
• Cooperation with the SSDC EI
• Continue to ensure close cooperation with the European Social
Partners in the Sectoral Social Dialogue Committee, Extractive
Industries (SSDC EI)
23
• 2. Promoting the exchange of information with the EU
Member States on aspects related to the health and safety
of workers in the mining and other extractive industries
sectors, e.g. through the organisation of workshops or
meetings with participation of experts from the individual
Members States. Specific areas of concern include:
• Occupational health related issues
• General safety of machinery and vehicles
• Automisation and collision protection
• Mine rescue
• Extraction through drilling
• Unconventional gas extraction
• Underground carbon storage
• Offshore oil and gas
24
• 3. Accidents:
• Continue to evaluate improvements to be made in
areas of: Worker qualifications, aging workforce,
subcontractors and self-employed persons,
accidents and their causes
• Collection and communication of best practice
examples in the fields of: Risk analysis and
assessment, incl. human factors, analysis of near
misses
• 4. Advising the Commission on cooperation with
other countries in respect to health and safety in
the mining and the extractive industries sectors.
25
• 5. Continue to provide comments on Commission
draft legislative acts and to give advice on
aspects and regulatory measures discussed in the
Advisory Committee which have a significant
impact on the health and safety of workers in the
mining and other extractive industries. Requests
for such advice will be forwarded via the Bureau.
• (E.g. Nitrous oxides, carbon monoxide)
26
Evidence-based policy making
• Shaped by evidence
• Tackling real problems
• Setting clear long-term objectives
• Good data – robust analysis
27
Communication and information.
• Success of any OSH policy depends upon
effectiveness of communication
• Need innovative approach to media dissemination
• EU-OSHA plays a crucial role
https://osha.europa.eu/
28
Conclusion: The EU strategic framework will meet
the challenges and help seize the opportunities
from having good OSH
 Improving prevention is a business enabler that pushes
companies to perform better.
 Investment costs in prevention can be used to make a
contribution to achieving company objectives.
 Good prevention becomes a key part of corporate culture.
 Prevention is not only about legal compliance, it gives a
competitive advantage and improves business performance.
29
Thank you for your attention
and let's keep working healthily
30