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

1. EU perspective on occupational health and safety - role and place of unions Károly György Kiev, December 8. 2010 Károly György, MSZOSZ

2. 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 - Károly György, MSZOSZ

3. 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 tomorrow Károly György, MSZOSZ

4. Challenges – our experiences as new member states • 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? Károly György, MSZOSZ

5. Health and Safety RepresentativesSystem of workers representation –various realities Systems of workers representation • Trade Unions • Works councils • Mixed Károly György, MSZOSZ

6. 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) Károly György, MSZOSZ

7. 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 Károly György, MSZOSZ

8. But what is a safety rep? A cowboy? A fire fighter? Or computer? Károly György, MSZOSZ

9. Powers and competencies • Complaint by workers • Investigate hazards • Request measures by employer • Examine causes of accidents • Participate in risk assesment Károly György, MSZOSZ

10. Powers and competenciesy • Make proposals • Receive information / be consulted in advance • Consult workers with special responsibility for OSH • Consult on training Károly György, MSZOSZ

11. Network of relations • Preventive services - internal • Safety and health committees • External institutions • Labour inspectorates • Hygiene services • Sectoral trade unions • National unions Károly György, MSZOSZ

12. 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 Károly György, MSZOSZ

13. Legistlative frames • Traditional legistlative • Recent legistlative • Collective agreement based vs. • Voluntary schemes • NEED for LEGISTLATIVE PROVISIONS Károly György, MSZOSZ

14. 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 Károly György, MSZOSZ

15. Supportive background • Training – appropriate / specific • Access to information • Time allocation • Specific tools • Facilities • Legal protection Károly György, MSZOSZ

16. For a Full Coverage of workers • SME’s • Temporary Agency Workers • Some solutions: • Territorial safety reps • Joint health and safety committees Károly György, MSZOSZ

17. And the background? • Trade union support • Commitment of employers - on legistlative basis - on agreement basis • External support (regulatory agencies/ preventive services/ insurance companies • Resourcing ? Károly György, MSZOSZ

18. 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 Károly György, MSZOSZ

19. Experience as new member statesHarmonising law - implementation – know-how transfer Károly György, MSZOSZ

20. Initial Review Policy Improvements Setting up OHS Policy Organisational Improvements Audit Revision Planning Organisation ApplicationPerformance Developing of the techniques for planning, measurements and evaluations Measuring Efficiency Feed-back for the innovation of the Efficiency 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 Károly György, MSZOSZ

21. From the Directives to the Practice • National transpositions • Collective bargaining • Rights : just consultation or more ? • The importance of adequate support • Independent Trade Unions activities Károly György, MSZOSZ

22. Obstacles, constraints • Legistlative framework • absence? Outdated? • Perception, understanding and awareness of H&S importance • Availability of necessary personnel – safety reps • Resourcing Károly György, MSZOSZ

23. 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 Károly György, MSZOSZ

24. 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 ! Károly György, MSZOSZ

25. 28 th April: An Opportunity Károly György, MSZOSZ