EU perspective on occupational health and safety - role and place of unions

EU perspective on occupational health and safety -

role and place of unions

Károly György

Kiev, December 8. 2010

8. December 2010. 1Károly György, MSZOSZ

Our ultimate goal

- Decent work – decent working conditions- Safe and healthy jobs

- Need to do:

Reinforcing TU involvement in workers representation in safety and health

- 8. December 2010. 2Károly György, MSZOSZ

Differing perspectives of workers and employers

- For employers:

- cost reduction is the priority.

- complying with regulations ?

- concern (certain) for accidents but … subcontracting, subregistration,

- For workers, health is a broader issue.

- Be healthy now, remain healthy tomorrow8. December 2010. 3Károly György, MSZOSZ

Historical background

Political & economic transformation - end of 80’s

Creation of new trade unions New environment, topics and priorities - change of the tracks

Accession period Global changes in economy - Crisis Transposition of EU legislation Implementation of harmonised legislation – a still open question Engagement of Trade Unions

EU membership A core question again: Did we change the tracks? Do we have a proper trade union strategy in the field of representation in H&S? Did we elaborate effective tools and procedures for Reps? Do we stimulate and promote sufficiently role of the Reps?

Challenges – our experiences as new member states


Health and Safety RepresentativesSystem of workers representation – various

realities

Systems of workers representation

- Trade Unions- Works councils- Mixed


Health and Safety RepresentativesSystem of workers representation – various

realitieson

One channel (work councils)

or Two channels (specific H&S reps)

Trade Union reps or other mechanisms ?

Legislation and / or collective agreements

Coverage (size of companies and other factors)


Safety Reps - role and legal framework

Definition of the role of safety reps: a central issue for Trade Union

- Legal status

- Criterias

- Mandates

Legal provisions can help but won’t give an automatic answer


But what is a safety rep?

A cowboy? Or computer?A fire fighter?


Powers and competencies

Complaint by workers Investigate hazards Request measures by employer Examine causes of accidents Participate in risk assesment


Powers and competenciesy

Make proposals Receive information / be consulted in

advance Consult workers with special responsibility for

OSH Consult on training


Network of relations

Preventive services - internal Safety and health committees External institutions Labour inspectorates Hygiene services Sectoral trade unions National unions


European practices – Different approaches

Health and safety reps ( 5+ employees) Safety groups ( 5+ employees) Health and safety committees (50+ employees)

New forms of workers representation:

- Regional H&S reps

- H&S advisory services

- Joint committees / bilateral structures on regional basis


Legistlative frames

Traditional legistlative Recent legistlative Collective agreement based

vs. Voluntary schemes

NEED for LEGISTLATIVE PROVISIONS8. December 2010. 13Károly György, MSZOSZ

Powers and competenciesSafety reps - Authorities

Receive information from inspectors Submit information to inspector Appeal to OSH responsible authorities Attend meetings of safety committees Access to external experts


Supportive background

Training – appropriate / specific Access to information Time allocation Specific tools Facilities Legal protection


For a Full Coverage of workers

SME’s Temporary Agency Workers Some solutions:

Territorial safety reps Joint health and safety committees


And the background?

Trade union support Commitment of employers

- on legistlative basis

- on agreement basis External support (regulatory agencies/

preventive services/ insurance companies

Resourcing ?


The Framework Directive 1989

*The field of preventive activities

*Hierarchy of preventive measures and risk assessment

*Workers’ participation

*The right to stop working

*Preventive services


Experience as new member statesHarmonising law - implementation – know-how

transfer


Fundamentals of practical application of directives

Promotion of a new preventive approach/legislation

OHS Policy

Increasing of awareness, training

OHS services

OHS MS

Risk assessment and documentation

Prevention plans, implementation

Measuring efficiency

Enforcement

Workers information, consultation, and participation

Setting up OHS Policy

InitialReview

Planning Organisation

Application Performance

MeasuringEfficiency

Audit Revision

Policy Improvements

Organisational Improvements

Developing of the

techniques for planning,

measurements and

evaluations

Feed-back for the innovation of

the Efficiency


From the Directives to the Practice

National transpositions Collective bargaining Rights : just consultation or more ? The importance of adequate support Independent Trade Unions activities


Obstacles, constraints

Legistlative framework absence? Outdated?

Perception, understanding and awareness of H&S importance

Availability of necessary personnel – safety reps

Resourcing


Campaign for our main objectives

- Full coverage

- Basic rights (equal for all the safety reps: legislation)

- Monitoring the reality of preventive systems

- Building together a stronger TU impact in OSH


Principles

! Workers health and safety are not for sale – this should be understood in the everyday practice !

! cost and benefit equitation must be made on the level of the society !

! prevention and protection rather than curement !


28 th April: An Opportunity


EU perspective on occupational health and safety - role and place of unions

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