20TH ANNUAL ACTIVITY REPORT ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK - 1995
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 24. 09. 1996 COM(96) 458 final 20TH ANNUAL ACTIVITY REPORT ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK - 1995 - (Presented by the Commission) CONTENTS I. General remarks II. Opinions delivered HI. Activities of the AHGs IV. Annexes A) B) C) List of members Organisation of the ad hoc groups Legal basis G E N E R AL R E M A R KS A) Membership of the Committee Since 1 January 1995 the composition of the Committee has changed, mainly because of the accession of new Member States. All the changes are reflected in the list of Committee members (Annex A). B) Organisation - - Six ad hoc groups were active (see Annex B, organisation of AHGs in 1995). The "organisation" group held three meetings during the year. C) Number of meetings In 1995, there were three plenary meetings of the Committee and 12 meetings of the ad hoc groups. D) 19'th Annual Activity Report of the Advisory Committee (Doc. 92/1/95) The Committee approved the report on 31 May 1995, subject to the submission of written comments within one month of the meeting. n. OPINIONS DELIVERED The comments concerning the draft opinions cited below are extracts from the reports presented at the plenary. 1) Standardisation (Doc. No 6222/94) The Committee adopted a draft opinion on a standardisation mandate for the European Committee for Standardisation (CEN) on specifications and testing conditions applicable to fire-resistant hydraulic fluids used for power transmission (hydrostatic and hydrokinetic). The Committee acknowledged the need to give the CEN a standardisation mandate in this field, because hydraulic fluids formed part of the types of machinery covered by Directive 89/392/EEC (OJ No L 183 of 29 June 1989, p. 9). The mandate would need to refer to the "machinery" directive as well as to Directives 67/598/EEC (OJ No L 196 of 16 August 1967, p. 1, as last amended by Directive 94/69/EEC - OJ No L 381 of 3! December Ï994, p. 1), 88/379/EEC (OJ No L 187 of 16 July 1988, as last amended hy Directive 93/18/EEC - OJ No L Ï04 of 29 April 1993, p. 46) and 92/32/EEC (OJ No L 154 of 5 June 1992) concerning the classification, packaging and labelling of dangerous substances and preparations. The Committee wanted a more specific draft mandate which indicated precisely what type of work was required of the CEN and which explained the meaning of the terms "specifications-exigencies" in section 6. 2) AHG "Research" 2. 1 Draft opinion on criteria for research projects under the fourth framework programme on research, technological development and demonstration (1994 to 1998) (Doc. No 93/1/95) The Committee attached great importance to the following points: 1. 2. 3. Calls for proposals relating to safety, hygiene and health should be published. These could be based on specific programmes in which the improvement of working conditions was taken into account, particularly specific programmes on the following subjects: - - - - industrial and materials technology, standardisation, measurement and testing, biomedicine and health, targeted socio-economic research. Research proposals should make clear which positive improvements in safety, hygiene and health at work were expected from the research and how these improvements could be put into practice by employers and workers. This requirement was particularly relevant in the case of new technologies. Research proposals under the fourth framework programme should be selected taking account of the anticipated improvement in safety and health at work. With a view to preparing specific hygiene and safety programmes in conjunction with the preparation of the fifth RTD programme, the Committee urgently called on the Commission to provide the next meeting of the AHG with a list of the subjects of the specific programmes adopted under the fourth programme into which the priority research subjects indicated in section n. 3 of the opinion approved at the plenary meeting of November 1994 could be incorporated. The Committee gave its approval subject to changes requested by the Employers and Government groups: - - insertion, following point 3 on page 2, of a sub-heading entitled "III. Information needs"; deletion of the footnote on page 2 and addition of the following text to the second paragraph of point 1 on the same page: "Any such programmes could only be drafted on the basis of clear information about the need for and nature of existing projects relevant to this subject. " 2. 2 Proposals for urgent research projects in support of Community policies (Doc No 470/95) The Committee considered this an important area, to which great attention should be paid. However, there were other key elements in relation to skin absorption which should be covered by other aspects of the fourth framework programme. The proposal for a dedicated call for research on dermal exposure at the workplace should be coordinated with similar topics being dealt with by other Commission services or institutions. The final draft of the proposal should focus more clearly on the evaluation of measurement techniques which could lead, subsequently, to the development of standard methods. In the first instance, attention should be paid to dermal exposure to solvents, which were of major concern at the workplace. The Committee gave its approval subject to clarification of the problems into which the research was to be conducted (reservation by the Employers group). BOL AcnVTTDES OF THE AD HOC GROUPS Work in progress 1) AHG "Research" The group's tasks are: a. b. c. to draw up a list of programmes supported by the Commission; to draw the attention of the Commission to areas in which new information and appropriate research appear to be required; to establish research priorities under the fourth action programme. The group's remit was confirmed at the plenary meeting in February. At the suggestion of the Employers group, point c was clarified as follows: c. to establish research priorities in the context of: * the Advisory Committee's recommendations concerning the health and safety programmes; the fourth safety and health action programme; the fifth research and development programme. * * 2) AHG "Work-related stress" This group's terms of reference are: a. b. c. d. to examine all authoritative work on stress; to examine all measures already taken at national or Community level; to examine all problems which may cause stress at work; to report back to the Advisory Committee on the findings of its research with a view to future action. The topics dealt with at the May meeting were reported at the plenary meeting in the same month: a definition of work-related stress, based exclusively on those aspects of the working environment which employers and workers could influence; - an inventory of national practices. 3) AHG "Alcohol and drugs at work" The group's remit is: - to examine the draft report of a study carried out jointly by the ILO and the Commission in the Member States of the European Community, in close cooperation with the social partners, analysing in particular the impact of this problem on workplace safety and health in general; - - to submit to the plenary meeting a draft opinion on this report, together with recommendations for any action which it feels the Commission should take in this field; to submit to the plenary meeting proposals concerning the representation of the social partners (four per Member State) at a conference to be organised by the Commission, at which the results of the report and the various national reports will be presented. 4) AHG "Standardisation" A change has been proposed in the remit of this group. It is formulated as follows in Annex II to the minutes of the plenary meeting held in February 1995: In its opinion of 4 July 1994 on the Memorandum on Standardization in the field of Article 118a of the EEC Treaty, the Advisory Committee said that decisions on exposure levels to harmful agents should be taken at the political level. The Advisory Committee reaffirms this opinion. Any mandated standards should be limited to technical measurement issues, and any mandate should preclude the possibility that standards committees might have any role in setting human exposure levels. The meeting on 7 April 1995 dealt with two topics: - - the Vienna agreements between the CEN and the ISO (possibility of influencing standardisation) European standard 50166 (exposure limit values relating to electromagnetic fields). 5) AHG "Occupational exposure levels" The function of this group is: - - - - - to be consulted on the fixing of priorities in respect of the substances for which occupational exposure levels should be established; to deliver an opinion on the procedures for the collection of data needed for the establishing of occupational exposure levels; to be regularly and fully informed on the work undertaken by the Commission on the preparation of proposals for the establishing of occupational exposure levels, in particular the work done by the scientific expert group; to prepare a draft opinion on the Commission's proposals for the establishing of occupational exposure levels; to report regularly on the progress of work to the plenary meetings of the Advisory Committee. 6) AHG "Audio-visual aids" The aim of this group is to determine and propose to the Advisory Committee any Community action which could be organised by the Commission pertaining to the creation and implementation of the means needed to achieve the objectives adopted by the Commission on the basis of the report approved by the Advisory Committee on 19 November 1993. The aims pursued in the second film festival were as follows: -. - - to encourage the use of the audio-visual media to promote health and safety; to achieve a better understanding of how best to design and improve the products for users and viewers; to seek synergies facilitating exchanges, adaptations or coproductions involving several countries. Further activities are envisaged as part of the Action Programme. In particular, a third festival will be organised under Action 2 "Information, education and training on non- legislative matters". 7) AHG "Advisory Committee Operating Procedures" In the context of the duties and responsibilities entrusted to the Advisory Committee on Safety, Hygiene and Health Protection at Work by the Council in its Decision of 27 June 1974, and taking into consideration the Commission's duty to consult the social partners, the AHG is requested to identify all the obstacles, in particular administrative, financial and procedural, which stand in the way of the effective and efficient operation of the Advisory Committee and to recommend appropriate solutions. The first meeting took place on 20 December 1995. New ad hoc groups established 1) 2) 3) AHG "Advisory committee operating procedures" AHG M4th action programme" AHG "Senior labour inspectors" Ad hoc groups disbanded 1) 2) AHG "Biological agents" AHG "Information for undertakings and workers" General discussion topics BIOMED 2 work programme 1) Observations on this programme by the interest groups had been placed on the agenda for the September 1995 plenary meeting but were not dealt with that day. 2) Transposai of directives In response to the wishes of the social partners, the July 1994 plenary had requested that a summary document be drawn up outlining each Member State's arrangements for transposing the Framework Directive (Directive 89/391 of 12. 6. 1989 on "health and safety at work") into national law. At its plenary meeting on 16 and 17 February 1995, the Committee therefore decided to set up an ad hoc group consisting of government representatives to prepare a joint reply for presentation to the plenary meeting of 30/31 May 1995. The ad hoc group met on 8 March and 3 May 1995. The social partners expressed dissatisfaction with the document submitted by the Government group, which was to draw up a new report relating solely to Directive 89/391. This paper was to describe the arrangements for transposing this Directive in the various Member States. The social partners were not satisfied with this document. Their main concerns related to non-transposal by certain Member States and to the process of checking that transposai was properly carried out. The Commission's representatives pointed out that it was for the Commission to check the correctness of transposai and that it could not provide details until this work had been completed. It was decided to prepare the opinions of the three groups for the Organisation Group meeting in July 1995. 10 At the plenary meeting in September 1995, the Government group said it wished Doc. No 469/2/95 to stand, since it reflected a joint position of the Member States. The Chairman pointed out that transposai had not yet been carried out by one Member State; the Commission was scrutinising the texts for all the others to establish whether they in fact complied. The process was not yet completed. 3) Second European video film festival on health and safety at work It was decided to hold the festival in Strasbourg from 26 to 28 June 1995. 4) Progress of draft directives 4. 1 Directive 89/655 "Work equipment": this was regarded as a priority by the French presidency. 4. 2 Other health and safety directives: no initiatives by the Presidency. 5) European Agency for Safety and Health at Work An amended regulation establishing the Agency was proposed to the Council, modifying the arrangements under discussion in 1994 to take account of the accession of the new Member States. It affected the membership and operation of the Administrative Board: (originally the composition of the Administrative Board had been: 12 government, 6 employers' and 6 workers' representatives) - - - - - 48 members, 15 representing the Member States, 15 representing the employers' organisations, 15 representing the employees' organisations and three representing the Commission. Abolition of the system of rotation within the Administrative Board. Terms of office to be renewable for all members. Administrative board to meet twice yearly and at the request of half its members. Members representing the Member States' governments to have two votes each. 11 The European Parliament delivered an opinion on the changes and proposed three amendments, which were opposed by the Commission: * * * Strong opposition to the principle of double voting. The Commission was against this amendment and would not propose it to the Council. Restriction on confidentiality, which should be limited to individual cases. The Commission felt that this amendment was not relevant and that it was the Bureau that should concern itself with this problem. The social partners to have the option of being represented by another country's social partners. The Commission also rejected this amendment. The principle of giving the government representatives two votes met with vigorous criticism from the social partners, who regarded this as a way of confining them to a purely consultative role and leaving the government members with the final power of decision. However, they did indicate that they were satisfied with the way in which the social partners were represented, viz. one employer and one employee for each of the 15 Member States. The amended regulation was adopted by the Council on 29 June 1995 (OJ No L 156 of 7 July 1995, p. 1). The Administrative Board met for the first time in Bilbao on 25 and 26 October 1995. 6) Commission programme in the field of safety, hygiene and health at work (1996 - 2000) An initial version of the draft programme was presented by the Commission at the plenary meeting in May 1995. The final document COM (95)282 was presented at the September plenary. The comments made may be consulted in the minutes of that meeting. 12 The main topics of discussion were: the Advisory Committee's consultative role in the light of the establishment of new committees such as that for budgetary supervision of the fourth action programme and with regard to the preparation of legislative and non- legislative measures; the need to clarify relations between the Agency, the Foundation and the Advisory Committee; the feasibility of having this document scrutinised by the AHG "4th action programme" within the time available; the funding of other committees as compared with the Advisory Committee. 7) General discussion topics Miss Jenny Bacon, Deputy Director General, Health and Safety Executive, gave a presentation on a report entitled "Review of Regulation" at the Plenary meeting on 17 February 1995. This comprehensive review by the Health and Safety Commission of workplace health and safety legislation in Great Britain was published in May 1994. IV. ANNEXES A) B) C) List of Advisory Committee members List of members of the various ad hoc groups Legal basis 13 ANNEX A LIST OF MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK GOVERNMENTS Çpunfry Full members Alternate members Austria Belgium Germany Denmark Spain France Greece Ireland Italy Luxembourg Netherlands Portugal Sweden Finland United Kingdom Dr SZYMANSKI Dr BREINDL Mr HESELMANS MrHUBLET Mrs STREFFER Mr OPFERMANN Mr J. ANDERSEN Mr N O. ANDERSEN Mr CHOZAS PEDRERO Mr GOMEZ-HORTIGUELA Mrs GUIGUEN Mr BOISNEL Mr KOUMERTAS Mrs KAFETZOPOULOU Mr HENRY Mr WALSH Dr FAVENTI Dr ROCCA Mr WEBER MrRUME Dr VOS Dr DEN HELD DrDURÂO Mr COSTA MARINHO MrMAHL MrBYLUND Mr HURMALAINEN Mr LAMBERG Mr TANSLEY Mr McQUAID Dr FINDING Dr JENNER Mr RZONZEF MrSTEEN MrRIESE Mr GIESEN Mrs SKJOLDAGER Mrs STEFFENSEN Mrs G. DEL CASTILLO Mr CASTELLA Mr ROBERT Mr PASQUIER Mr TANGAS Mrs PISSIMISSI MrFUREY Mr DONNELLAN Mr AL VINO Dr GUERRIER! Mr FEYEREISEN MrDEMUTH Dr WAGEMAKER Mr MEPPELDER Mr CASTELO BRANCO Mrs PINTO MARVAO Prof. KILBOM Mr BARREFELT Mr KALLIO MrRANTANEN Ms DEAKINS Ms SOAVE 14 EMPLOYERS Country Full members Alternate members Austria Belgium Germany Denmark Spain France Greece Ireland Italy Luxembourg Netherlands Portugal Sweden Finland United Kingdom Mrs SCHWENG MrBRAUNER Mr DE LANGE Mr LEONARD MrKUHLMANN Mr JANISZEWSKI Mr JEPSEN Mr NIELSEN Mr MANZANO SANZ Mr SANCHIS AHUYO Mr TASSIN Mr PEYRICAL Mr TSAMOUSSOPOULOS MrZIMALIS Mr BRISCOE Mr TUMULTY Mr GIUSTI Dr FREGOSO Mr SAUBER Dr METZLER Mr VAN OSTAIJEN Mrs DE MEESTER Mr LIMA AMORIM Mr COSTA TAVARES Mr FROSTLING MrLIND MrKUIKKO MrLINDAHL Mr CASTLE Dr ASHERSON MrDUNGL Mr STRIMITZER Mr PELEGRIN Mr DILLEN Mr BEEKHUIZEN Dr KREIZBERG Mrs K0LVING Mr S0RENSEN Mr BELTRAN APARICIO Mr MUNOZ MUGICA Dr AUBRUN MrsCORMAN Mr KALDIS Mr VGONTAS Mr LAWLOR Mr CASSIDY Mr ROVIGLIONI MrSPANO Dr BOLLENDORF Mr LANG Mrs HOPMANS Mr VERHOEF Mr BARROSO Mr TEVES COSTA Mr HOLMGREN MrHAGMAN Mr AHTELA Ms LUOMALA Mr CLARE Mr HUGHES 15 WORKERS Country Full members Austria Belgium Germany Denmark Spain France Greece Ireland Italy Luxembourg Netherlands Portugal Sweden Finland United Kingdom Mrs SARRESCHTEDHARI- LEODOLTER Mr HEIDER Mr FONCK Mrs CYPRES Mr KONSTANTY Mr ANGERMAIER Mr POULSEN Mr MALTESEN Mr CARCOBA Mr DIAZ Mr PICHENOT Mr MARTIN Mr POLITIS Mr DRIVAS Mr WALL Mr CRONIN Mrs BRIGHI Mrs BENEDETTINI Mr MILLER Mr GIARDIN Mr CREMERS Mr WILDERS MrSARAMAGO Mr GOMES TAVARES Mr TENGBERG Mrs BREIDENSJÔ Mr METSÀMÀKI Ms TYÔLÀJÀRVI Mr BIBBINGS Ms GIBSON Alternate members Mrs CZESKLEBA Mr SCHRAMHAUSER Mr PHILIPS Mr VAN DER HAEGEN Mr GROWITSCH Mr SWINGMANN Mr N0RSKOV MrHEEGAARD Mrs FERNANDEZ Mr ARROYO Mr SEDES Mr LEMÎTRES Mr PAPANAYOTOU Dr CHATZIS Mr O'HALLORAN Mr O'NEILL Dr TASCINI Dr GALLI Mr ABATTI Mr MERSCH MrMULLER Mr SPRENGER Mr SANTOS NEVES Mr ALMEIDA TEIXEIRA Mrs THULESTEDT Mr LAVENIUS MsHEIKURA Mr SAARQCANGAS Mr MELLISH Mr PICKERING 16 Chairman : Vice-chairman : Rapporteur : GOVERNMENTS EMPLOYERS WORKERS ANNEX B - LIST OF AD HOC GROUPS IN 1995 STRESS ALCOHOL AND DRUGS STANDARDISATION RESEARCH MrPOULSEN Mr VAN DER POEL Mr DE LANGE Mr GIUSTI Mr MELLISH / UK Mr DONNELLY / IRL • Mr ANGERMAIER Mr GAMBELLI TOMKINS / UK OVERGAARD / DA WAMPACH / BE BARZ/DE REMAEUS / S HUBLET / BE MUSCH / DE RUME/LUX DONNELLY / IRL MrsCORMAN MrSHEYE MrsBRIGHI DEN HELD/NE LOWE/UK SHEYE/DA BDENECK / DE HUBLET /BE HURMALAINEN/SU THORLEY / UK CASANO / IT GORMAN/FR BORMANS / UNICE GIUSTI / IT DE LA B A T IE / FR SCHULTHEISS / DE MCDONALD / UK BORMANS / UNICE GAMBELLI / FR GIUSTI / IT JANISZEWSKI / DE BORMANS / UNICE LIND/S GALLI / IT DIAZ/ES MELLISH / UK DRIJFHOUT / NE BUSCHAK / ETUC HASSELBACH / DA ANGERMAIER / DE GALLI/IT SAPIR/TUTB MELLISH/UK MALTESEN / DA MARTIN/FR BRIGHI / IT SARAMAGO/PO SAPIR/TUTB i Scrutiny of proposed requests by the CEC to CEN/CENELEC for standards See "Terms of reference" document VAN DER POEL/NE ANDERSEN / DA DAVES/UK WALSH / IRL HUBLET/ BE KUHN/DE GREIF / DE DE LANGE / BE DE MEESTER / NE JEPSEN / DA AUBRUN / FR DE LIEDEKERKE / UNICE GUEANT / TUTB POULSEN / DA GADEA / ES TIVEY / UK WTLDERS / NE LENERT / AUT BRE1DENSJÔ / S TERMS OF REFERENCE See "Terms of reference" document See "Terms of reference" document Official responsible Dr ALVAREZ V/F/5 Tel. 34547 Mr BERLIN V/F/ Tel. 32724 MrLOMMEL | V/F/4 S Tel. 33871 Mr BERLIN V/F Tel. 32724 17 Chairman : Vice-chairman : Rapporteur : GOVERNMENTS EMPLOYERS WORKERS EXPOSURE LEVELS ADVISORY COMMITTEE OPERATING PROCEDURES Mr HUBLET MrBEEKHUIZEN MrHEEGAARD BYLUND/S WARNER/UK GUERRIERI/rr KLEIN/DE HUBLET / BE HURMALAINEN / SU SOAVE / UK BYLUND/S SHEYE/DA PISSIMISSI / GR BOISNEL/FR BEEKHUIZEN / DE AUBRUN / FR JEPSEN / DA VERHOEF/NE LEWIS / UK GRAMPELLA / IT BORMANS/UNICE CORMAN/FR FROSTLING / S GIUSTI / IT ASHERSON / UK KUHLMAN / DE DE LIEDEKERKE / UNICE MALASPINA / IT SUCH / ES KONSTANTY / DE HEEGAARD/DA VAN DAMME / TUTB MARTIN/FR KONSTANTY / DE POULSEN / DA CARCOBA / ES SEDES / FR FONCK / BE CARLSLUND / ETUC TERMS OF REFERENCE See "Terms of reference" document See "Terms of reference" document Official responsible MrROTHER / 32268 Ms LAFFUT / 32739 V/F/4 18 ANNEX C LEGAL BASIS Council Decision of 27 June 1974 on the setting up of an Advisory Committee on Safety, Hygiene and Health Protection at Work (extracts): The Council of the European Communities (. ) Whereas a standing body should be envisaged to assist the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work and to facilitate cooperation between national administrations, trades unions and employers' organisations. HAS DECIDED AS FOLLOWS: Article 1 An Advisory Committee on Safety, Hygiene and Health Protection at Work is hereby established. Article 2 The Committee shall have the task of assisting the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work. (. ) Article 3 l. The Committee shall produce an annual report on its activities. 2. The Commission shall forward that report to the European Parliament, the Council, the Economic and Social Committee and the Consultative Committee of the European Coal and Steel Community. !* ESSiSr 0254-1475 COM(96) 458 final DOCUMENTS EN 05 04 Catalogue number : CB-CO-96-467-EN-C ISBN 92-78-08936-2 Office for Official Publications of the European Commuiuties L-2985 Luxembourg JjQ