Communication: Safer and healthier work for all – Modernisation of the EU occupational safety and health legislation and policy

Over the last 25 years, the EU has been a front-runner in setting high standards of worker protection against health and safety risks at work on its territory, and has promoted high levels of protection also in third countries. Occupational safety and health policy is contributing to the objective of improving the safety and health of workers in the EU. According to the most recent available data the incidence rate of deaths in accidents at work dropped by almost 1/4 as compared with the situation in 2008. The percentage of EU workers reporting at least one health problem caused or made worse by work decreased by nearly 10%.

Investment in occupational safety and health makes a lot of sense. It improves people's lives by preventing work-related illness and accidents and also has a tangible positive effect on EU economies. It leads to improved business productivity and performance. At macroeconomic level, it contributes to national competitiveness. Different studies prove that the employer will have a return in double for every euro spent on occupational safety and health.

The EU legislative framework has played a pivotal role in shaping national and company level occupational safety and health strategies. The detailed ex-post evaluation of the EU acquis, checking their relevance as well as efficiency, effectiveness, coherence and EU added value, carried out by the Commission confirms that the framework meets its ambition to adequately protect workers. This REFIT evaluation comprised the Framework Directive 89/391/EEC and 23 related Directives.

It concluded that the overall structure of the EU occupational safety and health acquis, consisting of a goal-oriented Framework Directive complemented by specific Directives, is generally effective and fit-for-purpose. However, it pointed to specific provisions of individual Directives that have become outdated or obsolete, and highlighted the need to find effective ways to address new risks. The way in which Member States have transposed the EU occupational safety and health Directives varies considerably across Member States. Compliance costs therefore vary and cannot be easily dissociated from more detailed national requirements.

However, overall, the evaluation clearly concluded that compliance with the occupational safety and health Directives is more challenging for SMEs than large establishments, while at the same time the major and fatal injury rates are higher for SMEs. Specific support measures are therefore necessary to reach SMEs and help them increase their compliance in an efficient and effective way.

Based on the detailed ex-post evaluation, it is clear that the EU must continue investing in occupational safety and health for it to remain at the vanguard and ensure effective worker protection also against the background of the changing nature of work and new risks. Occupational safety and health measures should reach the widest number of people at work, no matter the type of working relationship they are in, and no matter the size of company they work for. Compliance with occupational safety and health rules should be manageable for businesses of all sizes and effectively monitored on the ground. Measures must be result-oriented, instead of paper-driven, and maximum use should be made of new digital tools to facilitate implementation.

With these common objectives in mind and as part of its overall strategy for modern employment and social systems in the EU – as reflected in its broad consultation on a European Pillar for Social Rights launched in March 2016 – the following key actions would bring a new impetus to the EU Strategic Framework on Health and Safety at Work:
1) Stepping up the fight against occupational cancer through legislative proposals accompanied by increased guidance and awareness-raising;
2) Helping businesses, in particular micro-enterprises and SMEs, comply with occupational safety and health rules;
3) Cooperating with Member States and social partners to remove or update outdated rules and to refocus efforts on ensuring better and broader protection, compliance and enforcement on the ground.

ESO: Background information: Commission launches new initiative to improve health and safety of workers http://www.europeansources.info/record/commission-launches-new-initiative-to-improve-health-and-safety-of-workers/

EUR-Lex: SWD(2017)9: Health and safety at work is everybody's business - Practical guidance for employers http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:009:FIN

EUR-Lex: SWD(2017)10: Ex-post evaluation of the EU occupational safety and health directives (REFIT evaluation) http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2017:010:FIN

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