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The upcoming Commission proposal for a new Directive on ergonomics and WRMSDs

The upcoming Commission proposal for a new Directive on ergonomics and WRMSDs. Malta twinning seminar “Under Construction II” 2 nd October 2009. In this presentation. Background Main elements EBC’s point of view Calendar Conclusions. www.eubuilders.org. Background / 1.

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The upcoming Commission proposal for a new Directive on ergonomics and WRMSDs

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  1. The upcoming Commission proposal for a new Directive on ergonomics and WRMSDs Malta twinning seminar “Under Construction II” 2nd October 2009

  2. In this presentation • Background • Main elements • EBC’s point of view • Calendar • Conclusions www.eubuilders.org

  3. Background / 1 LEGISLATIVE BASE 1. "Adapting to change in work and society: a new Community strategy on health and safety at work 2002-2006“ 2. “Improving quality and productivity at work: Community strategy 2007-2012 on health and safety at work" CONSULTATIONS 2004: First-stage consultation of the European social partners 2007: Second-stage consultation of the European social partners EBC REPLIED TO BOTH CONSULTATIONS www.eubuilders.org

  4. Background / 2 Results of the consultation phases Employers not in favour of new legislation • Single text unrealistic because of multi-factoral nature • WRMSDs already largely covered by current EU legislation • Emphasis to be put on more effective implementation of existing legislation Workers in favour of new legislation • Advocate an Exposure-limit-value-approach • Psychosocial aspects to be considered • Support global approach (regulatory and non-regulatory) Drafting of the directive started – LONG PROCESS www.eubuilders.org

  5. Main elements / 1 Commission pursues a simplification objective • Incorporation of 2 existing directives 90/269 and 90/270 • Make legislation easier to apply (reduced number of references) • Less burdensome (simplified administrative and technical obligations) • More effective (easier to implement and enforce) Main risk factors are listed and defined: • Bio-mechanical, Working environment, Work equipment and workstation layout, Characteristics of objects, Organisation of work www.eubuilders.org

  6. Main novelties • Provide a comprehensive definition of WRMSDs: • “Work-related musculoskeletal disorder: a musculoskeletal disorder caused or made worse by certain working conditions.” • Define risk factors grouped by category • bio-mechanical, working environment and workstation layout, organisation of work • Provide for a mandatory two stage risk assessment • Screening tools (decided by MS) • Health surveillance/thrid party intervention Main elements / 2 www.eubuilders.org

  7. EBC’s reactions • NO Simplification evident – scope becomes wider: ERGONOMICS • EBC not in favour of 2 stage risk assessment BURDENSOME • EBC worried for definition of Work Related MSDs TOO WIDE • Too much room for national-level actionsrisk of GOLD-PLATING • Exposure Limit Values (ELV) removed – POSITIVE POINT • SECTORAL SOCIAL PARTNERS MUST BE GIVEN RIGHT TO DEVELOP NATIONAL PLANS TO TACKLE THE ISSUE www.eubuilders.org

  8. Calendar • Consultation process (ACSH, technical working group of national experts) • Timeline for the Commission’s proposal: • Socio-economic impact assessment report to be submitted to the Impact Assessment Board in December 2009 / January 2010. • Adoption of the proposal by the European Commission: First half of 2010 www.eubuilders.org

  9. Conclusion • This type of legislation in the Health and Safety field applicable in the EU comes from Brussels • EU representation is essential for national organisations representing SMEs • EBC active in shaping this directive in the past and future www.eubuilders.org

  10. Thank You for your attention ! Tim Krögel Technical Advisor tim.krogel@eubuilders.org www.eubuilders.org

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