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EBC in the development of the EU Health and Safety legislation. Rome twinning seminar “Under Construction II” 20th March 2009. In this presentation. The EU legislative process EBC’s stakeholder intervention EU Health and Safety Legislation National differences Conclusions.

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EBC in the development of the EU Health and Safety legislation

Rome twinning seminar

“Under Construction II”

20th March 2009

in this presentation
In this presentation
  • The EU legislative process
  • EBC’s stakeholder intervention
  • EU Health and Safety Legislation
  • National differences
  • Conclusions


The Legislative Process 1/3

  • 1. EUROPEAN COMMISSION: elaborates, adopts and presents proposal
  • Commission Services (20.000+ civil servants) draft proposal
  • 27 Commissioners adopt proposal
  • 2. THE EUROPEAN LEGISLATOR: European Council, European Parliament
  • European Council: national Governments
  • European Parliament: 785 MEPs representing 492 million citizens
  • Depending on the subject the Council may act without consulting the Parliament
  • Opinion by Committee of the Regions/Economic and Social Committee


3.Adoptionof the proposal

  • The proposal is discussed and amended in the Parliament and in the Council
  • Agreement between the two institutions
  • Commission has consultative say
  • 4. Transposition of EU Directives into national legislation

-Set time frame

- Member States have to adapt their legislation to the directive

  • MS may add to European Directives (minimum requirements)
  • Commission in charge of verifying correct transposition

The Legislative Process 2/3

the legislative process 3 3
The Legislative Process 3/3



Send national texts

to Commission for



Stakeholder Involvement

  • - Statutory 2-stage Social Partners Consultation
  • - Direct action by EBC
  • - Direct action by EBC
  • - Action via national Member Organisations
  • - Action via national Member Organisation
  • - Some direct action by EBC
  • THE NATIONAL LEVEL (during transposition)
  • -National Member Organisations


European Health and Safety Legislation 1/2

  • 1989 Framework Directive (89/391/EEC)
  • Sets out basic principals (Employer responsibility, Risk Assessment)
  • All sectors
  • Risk Assessment procedure: innovative approach
  • 1992 Temporary and mobile construction sites directive (92/57/EEC)
  • - Sets out specific requirements (H&S co-ordinator for every
  • construction project, HS file, on-site worker information)
  • Sector specific, mainly construction sector


European Health and Safety Legislation 2/2

  • Community Strategy 2007-2012 on Health and Safety at work
  • Strategic orientations for Community activity until 2012
  • Target of reducing occupational accidents by 25% by 2012
  • Focus on implementation of existing legislation rather than new texts
  • Information and Awareness Raising
  • Focus on SMEs
  • Social Partner involvement
  • Lack of direct funding to enterprises for prevention investment
  • Ongoing consultations
  • - Revision of Carcinogens (inclusion of repro-toxins)
  • - Specific directive on musculoskeletal disorders (MSD)


National Differences:

Risk Assessment

  • 1. Belgium
  • Profession-specific documentation on existing risks associated to various activities
  • No standard risk assessment form (discouraged by CNAC)
  • Responsibility with employer, must prove all possible measures have been taken
  • 2. France
  • Employer responsibility absolute (all risks)
  • Professional organisations have created “Document Unique” covering the most important risks.
  • 3. United Kingdom
  • Employers responsibility limited to risks that are reasonably foreseeable
  • European Commission has started infringement procedure


EBC H&S Working Group

  • Network of H&S experts from EBC Members
  • Meets formally every 6 months
  • Discuss and analyse EU H&S legislation
  • Comparative analysis between Member States
  • Best practice exchange



  • Most legislation in the Health and Safety field applicable in the EU comes from Brussels
  • EU representation is essential for any national organisation
  • Non-legislative measures: Network between organisations to improve future legislation and exchange best practice


Thank You

for your attention !

Riccardo Viaggi

Project manager