22 Health and safety at work
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6105/04
COM(04) 62
| Commission Communication on the practical implementation of the provisions of the Health and Safety at Work Directives 89/391 (Framework), 89/654 (Workplaces), 89/655 (Work Equipment), 89/656 (Personal Protective Equipment), 90/269 (Manual Handling of Loads) and 90/270 (Display Screen Equipment)
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| Legal base | Article 10 of Directives 89/391, 89/654, 89/655, and 89/656; Article 9 of Directive 90/269; and Article 11 of Directive 90/270
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| Document originated | 5 February 2004
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| Deposited in Parliament | 12 February 2004
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| Department | Work and Pensions
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| Basis of consideration | EM of 23 February 2004
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
22.1 In 1989, the Council approved a Framework Directive laying
down the principles for regulating health and safety at work in
the Community. It was quickly followed by "daughter Directives"
on:
- minimum requirements for the workplace;
- the use of work equipment;
- personal protective equipment;
- manual handling of loads; and
- display screen equipment.
The Directives require the Commission to make periodic
reports on implementation, based on the reports that Member States
are required to make on the action they have taken.
The document
22.2 The Communication reports a significant improvement
in health and safety at work. For example, in 1994, there were
4,538 accidents per 100,000 workers that resulted in more than
three days' absence from work; the comparable figure for 2000
was 4,016. But there is scope for further improvement. In 2000,
over 5,200 people in the EU were killed by work-related accidents;
and 158 million working days were lost as a result of accidents.
Almost 14% of workers have more than one accident a year. Young
people, temporary workers and people with low qualifications are
at high risk.
22.3 The majority of Member States were slow to transpose
the Directives into national law and the Commission initiated
infringement proceedings in some cases.
22.4 The Commission also initiated proceedings against
all but one Member State for alleged failure to legislate in full
conformity with the Framework Directive.
22.5 While there has been an overall improvement
in health and safety at work, some sectors and types of employment
have performed less well than others. The Commission expresses
particular concern about small and medium-sized enterprises (SMEs).
It cites a UK study which found that employers in small enterprises
have difficulty in understanding the information issued on health
and safety obligations and find it very demanding to produce prevention
plans.
22.6 The Commission says that the introduction of
risk assessments and the documentation of their results has been
one of the most important developments in EU health and safety
at work. Again, however, compliance is patchy, particularly among
SMEs. The Commission calls for improved implementation of the
requirements for risk assessments and for assessments to take
account of psychosocial factors.
22.7 The Framework Directive requires employers to
designate workers, or to buy-in external services, to perform
the tasks related to the protection of workers from occupational
risks and to the prevention of such risks. The Commission says
that not all enterprises have complied with this requirement and
that there are not enough properly qualified people to do the
work. One way to improve the quality of protective and preventive
services might be to introduce a system for the certification
of providers.
22.8 "Labour inspectorates" have an important
part to play in ensuring compliance with the Directives and raising
standards of occupational health and safety. The Commission says
that Member States' national reports indicate that inspectorates
do not have enough resources to enforce compliance with all aspects
of the Directives. The Commission calls for the development of
a methodology to assess the effectiveness of inspectors and of
inspection techniques.
22.9 The Commission says that the main reasons for
SMEs' poor compliance with health and safety legislation are:
- the lack of suitable information
and guidance for them;
- deficiencies in firms' ability and skills to
manage health and safety;
- insufficient resources for basic training of
staff and managers; and
- difficulties for firms in getting competent technical
advice.
22.10 The Commission also expresses concern about
the application of the Directives in the public sector. It ascribes
this partly to the lack of a safety culture in the public services
of some Member States and partly to the provision of insufficient
resources to implement the legislation.
22.11 The Communication includes details of what
Member States regard as the achievements of the Directives and
what they see as the difficulties of implementing them. Member
States' national reports indicate that occupational health and
safety measures contribute not only to improved working conditions
but also to greater productivity and competitiveness.
22.12 The Commission says that it will work towards
the simplification, rationalisation and codification of the Directives.
Meanwhile, a stronger commitment is required from Governments,
employers and employees' representatives to implement the existing
legislation.
The Government's view
22.13 The Minister of State for Work at the Department
of Work and Pensions (Mr Des Browne) notes that the Communication
is not critical of the way the UK has implemented the Directives.
He says that the Communication will be discussed by the EU's
Advisory Committee on Safety, Hygiene and Health Protection at
Work. The UK representatives will try to ensure that any action
arising from the Communication is proportionate, justified by
risk, promotes better standards across Europe and does not have
unacceptable consequences for the UK.
Conclusion
22.14 We draw the Communication to the attention
of the House because of the importance of occupational health
and safety. The Communication does not provide a country-by-country
analysis of performance. It does, however, provide encouraging
evidence that, for the EU as a whole, there have been improvements
in health and safety at work since the Directives were approved,
although it is disappointing that standards in SMEs, in particular,
are lagging behind. We welcome the Commission's intention to
come forward with proposals to simplify the legislation.
22.15 We have no questions we need put to the
Minister about the Communication. Its purpose is to provide information.
It has no direct financial, legislative or policy implications
for the UK. Accordingly, we clear the document from scrutiny.
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