36 An EU Strategic Framework on Health
and Safety at Work
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
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| Document details | Commission Communication: An EU Strategic Framework on Health and Safety at Work (36128), 10949/14, COM(14) 332.
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| Legal base | —
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| Department | Work and Pensions
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Summary and Committee's conclusions
36.1 One of the objectives of EU social policy is
to support and complement the activities of Member States through
measures which seek to improve health and safety at work. A Framework
Directive adopted in 1989 establishes general principles concerning
the prevention of occupational risks and the protection of workers.[147]
It has been supplemented by a number of Directives establishing
more specific health and safety requirements in a variety of working
environments.
36.2 In addition to a comprehensive body of EU legislation,
the EU has developed multiannual action programmes and, in more
recent years, strategies identifying priorities and common objectives
for EU action on occupational health and safety and establishing
a framework for the coordination of national policies. The latest
strategy covers the period 2007-12 and has, the Commission suggests,
helped Member States to develop a culture of risk prevention and
to achieve a significant (27.9%) reduction in the incidence rate
of accidents at work.
36.3 Whilst acknowledging the progress made, the
latest Commission Communication suggest that there is scope for
further improvement. It identifies three common challenges facing
Member States and proposes seven objectives and accompanying actions
which will provide the strategic framework for action on health
and safety at work for the period 2014-20. The strategic framework
will be reviewed in 2016, following the outcome of the Commission's
ongoing evaluation of the EU acquis on occupational health
and safety.
36.4 The Explanatory Memorandum submitted by the
Minister of State and Minister for Disabled People (Mike Penning)
sets out the Government's position on the challenges identified
in the Communication and the strategic objectives put forward
by the Commission to address them.
36.5 There is a considerable degree of continuity
between the new strategic framework for occupational health and
safety proposed by the Commission and the strategy which expired
in 2012. It is striking that no new legislative initiatives are
proposed. Instead, the Commission calls for better implementation
and enforcement of existing laws, accompanied by greater awareness
of the capacity constraints on small and micro enterprises and
"simpler, more efficient solutions" which remove unnecessary
administrative burdens.
36.6 The strategic objectives set out in the Communication
are broadly in line with domestic policy, but we agree with the
Minister that Member States should have sufficient flexibility
to determine how the objectives are met, with the emphasis placed
on outcomes rather than process.
36.7 We note that the new strategic framework
set out in the Communication will be reviewed in 2016, following
the outcome of the Commission's evaluation of existing EU legislation
on occupational health and safety which is expected to conclude
in 2015. We look forward to receiving further information on the
outcome of the evaluation, which may include recommendations to
amend existing laws or propose new initiatives, and on the 2016
review. Meanwhile, as the Communication goes with the grain of
Government policy and does not propose any legally binding measures,
we are content to clear it from scrutiny.
Full details of the documents:
Commission Communication on an EU Strategic Framework on Health
and Safety at Work: (36128), 10949/14, COM(14) 332.
The Commission Communication
36.8 The Commission presents its new strategy for
occupational health and safety within the broader framework of
the Europe 2020 Strategy, noting that a safe working environment
and healthy workers have a positive impact on productivity and
competitiveness and contribute to the sustainability of social
welfare systems. Following an evaluation and public consultation
on the EU's health and safety strategy for 2007-12, the Commission
considers that there is a need to review the EU's objectives,
priorities and work methods and to develop a new EU policy framework
which reflects changing work patterns and new and emerging occupational
risks.
36.9 The Communication identifies three "key
challenges" common to all Member States which require further
policy action:
· improving the implementation of health
and safety rules and enhancing the capacity of small and micro
enterprises to put in place effective and efficient risk prevention
measures which are tailored to their requirements;
· continuing efforts to prevent occupational
ill-health and diseases and to identify and tackle new and emerging
risks presented by the development of new technologies or changes
in the organisation of work; and
· adapting the working environment to the
needs of an ageing working population.
36.10 The Commission proposes seven strategic objectives
to meet these common challenges, each accompanied by a set of
actions to be implemented or developed in close collaboration
with Member States and social partners. The objectives envisage:
· further consolidation of national strategies
on health and safety at work to ensure that they reflect the priorities
set out in the new EU strategic framework, with the EU facilitating
policy coordination and mutual learning and providing financial
support;
· better compliance with health and safety
legislation through the provision of guidance and practical
tools appropriate to the needs of small and micro enterprises;
· better enforcement of health and safety
legislation by Member States through adequately resourced,
risk-based workplace inspections and effective sanctions for non-compliance;
· simpler legislation which is easy
to apply and minimises administrative burdens whilst also ensuring
effective and equivalent levels of compliance across Member States
and workplaces;
· improving the assessment of new and
emerging risks through the more systematic collection and
evaluation of scientific evidence, and addressing risks affecting
particular categories of workers, such as older workers, inexperienced
younger workers, and those with disabilities;
· developing the information base for
evidence-based policy making through the collection
of reliable and comparable statistical data on work-related accidents,
ill-health and diseases, and on the costs and benefits of policy
interventions; and
· strengthening cooperation with third
countries and international organisations, such as the International
Labour Organisation, World Health Organisation and OECD, to reduce
workplace accidents and occupational diseases across the world.
36.11 The Communication reviews the instruments at
the disposal of the EU to support the implementation of the new
EU strategic framework on occupational health and safety. Whilst
acknowledging the "proven value" of legislation in developing
common definitions, standards and methodologies and in ensuring
"a level playing field" for businesses and workers,
the Commission also highlights the importance of a variety of
non-legislative measures — such as benchmarking, exchanges
of best practice, awareness-raising, the use of common IT tools
and the setting of voluntary norms — in making a practical
difference on the ground.
36.12 The Communication proposes no new legislative
instruments. It notes that an evaluation of existing EU legislation
in the field of health safety is underway and is expected to produce
conclusions by the end of 2015. These are likely to focus on reducing
any unnecessary administrative burdens, especially for small and
micro enterprises, and simplifying existing rules. The Commission
proposes to review the EU's new strategic framework in 2016, in
light of the conclusions of the evaluation and the outcome of
its broader regulatory fitness and performance programme (REFIT).
36.13 The Communication describes the various sources
of EU funding available to support Member States in improving
their national health and safety policies. These include the European
Social Fund and other European Structural and Investment Funds,
as well as the Employment and Social Innovation programme and
the Horizon 2020 programme for research and innovation. It also
underlines the important role of social partners in designing,
implementing and promoting occupational health and safety policies,
and identifies other areas of public policy, such as education,
research, public health, environment and industry, which can make
a significant contribution to improving the working environment.
The Commission notes that occupational health and safety policy
can also help to promote equality of opportunity and combat discrimination
by ensuring appropriate safeguards and adjustments for people
with disabilities or pregnant workers.
36.14 The Commission intends to initiate "an
open debate" with key stakeholders on the content of its
Communication and to ensure that they are involved in monitoring
the implementation of the new strategic framework for the period
2014-20.
The Minister's Explanatory Memorandum of 3 July
2014
36.15 The Minister (Mike Penning) notes the Commission's
view that there is a continuing need for EU-level coordination
on occupational health and safety policies and accepts that "there
remains much to do to improve standards" in some Member States,
adding:
"We are fortunate in having some of the
lowest rates of work-related injuries and cases of occupational
ill-health in the EU but others have much higher rates."[148]
36.16 Commenting on the three common challenges identified
in the Communication, the Minister notes that the Government is
revoking unnecessary domestic health and safety laws and issuing
revised guidance to business in an attempt to improve the ability
of small and micro enterprises to put in place sensible risk management
measures. He highlights the work of the UK's Health and Safety
Executive (HSE) in developing intervention strategies to help
focus activity on areas where there is likely to be greatest impact
and deploying methods which reflect the nature, severity and extent
of the particular risk to health. He continues:
"This has resulted in many successful industry-wide
and work specific initiatives over the past few years, including
on occupational cancers but there is more to be done. The risks
from new and emerging green technologies have also been a particular
focus of HSE over the last few years, including understanding
the risks and hazards from renewables technologies and designing
appropriate regulatory responses. The framework also refers to
stress as a major challenge. The HSE stress management standards
continue to be a successful and internationally recognised tool
to help businesses manage the risk of work-related stress."[149]
36.17 The Minister notes that the third challenge,
concerning demographic change, will (as the Commission acknowledges)
require further research.
36.18 Turning to the seven strategic objectives which
will form the core of the EU's strategic framework on health and
safety for the period 2014-20, the Minister makes the following
observations:
· further consolidation of national strategies:
the current occupational health and safety strategy for Great
Britain takes account of the EU Strategy for 2007-12, and any
revision will similarly take account of a successor EU strategy;
· better compliance with health and safety
legislation: the actions proposed by the Commission, such
as the exchange of best practice and the use of IT-based tools,
all form part of existing UK activity;
· better enforcement of health and safety
legislation by Member States: the Minister welcomes the emphasis
placed on risk-based inspections, which are an integral part of
HSE's approach to enforcement, and supports the exchange of good
practice and cooperation between labour inspectorates. He cautions,
however, against Commission involvement in actual enforcement
policies and practices, beyond the existing peer review evaluations
carried out by the Committee of Senior Labour Inspectors, and
makes clear that enforcement of health and safety laws must remain
a matter for Member States;
· simpler legislation: the Minister
welcomes the commitment to simplifying legislation and reducing
administrative burdens, and to considering how risk assessment
documentation for small enterprises in low-risk sectors could
be made easier. He suggests that the Commission could be even
more ambitious in this area, as recommended by the Prime Minister's
business task force on EU regulation;
· improving the assessment of new and
emerging risks: the Minister accepts that risks to particular
groups of workers require continuing attention, but suggests that
there is insufficient evidence to warrant further targeted action.
He says that HSE continues to review the emerging evidence and
is developing a new programme of activities, involving a wider
range of stakeholders, to achieve further reductions in the number
of new cases of occupational disease. HSE is also undertaking
specific research on workplace exposure to occupational disease
areas of most concern and exploring the impact of new technology.
The Minister welcomes efforts to share good practice in tackling
stress and common mental health problems in the workplace, but
cautions against any stronger measures or binding instruments;
· developing the information base for
evidence-based policy making: the Minister welcomes the Commission's
proposal to improve the availability and comparability of data
on occupational diseases and considers that the UK will be better
placed than many Member States to provide the relevant data;
· strengthening cooperation with third
countries and international organisations: the Minister describes
the management of occupational health and safety in the UK as
"of world-leading quality" and supports efforts to "extend
the level playing field beyond Europe".[150]
36.19 The Minster notes that the Council was invited
to adopt a Resolution on the EU Strategy on health and safety
at work for the period 2007-12. He adds that the Government is
seeking to ascertain whether the incoming Italian Presidency also
intends to invite the Council to do so for the new EU Strategy.
Previous Committee Reports
None.
147 Council Directive 89/391/EEC, OJ No. L 183, 29.06.1989
and subsequent amendments. Back
148
See para 8 of the Minister's Explanatory Memorandum. Back
149
See para 9 of the Minister's Explanatory Memorandum. Back
150
See para 10 of the Minister's Explanatory Memorandum. Back
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