Report from the Commission - 23rd Annual Activity Report of the advisory Committee on safety, hygiene and health protection at work (1998)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14. 03. 2000 COM(2000) 132 final REPORT FROM THE COMMISSION 23rd ANNUAL ACTIVITY REPORT OF THEADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK 1998 REPORT FROM THE COMMISSION 23rd ANNUAL ACTIVITY REPORT OF THEADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK 1998 2 TABLE OF CONTENTS 1. CHARACTERISTICS OF THE COMMITTEE. 5 1. 1. 1. 2. Origin, competence and remit. 5 Structure, procedure. 5 2. ACTIVITIES IN 1998. 6 2. 1. 2. 2. 22nd activity report of the Advisory Committee. 7 Opinions adopted. 7 2. 2. 1. Opinion of the Committee (document 5213/98) on the establishment of harmonised standards on waste water engineering products (draft mandate 37/97 to CEN/CENELEC) and floorings (draft mandate 38/97 to CEN/CENELEC). 7 2. 2. 2. Opinion of the Committee (Annex II of document 0124/99) on the Mid- term report on the Community programme concerning safety, hygiene and health at work (1996-2000) (COM(98/0511). 7 2. 2. 3. Opinion of the Committee (document 730/2/97) on “Implementation of the part of the Community programme on health and safety at work (1996- 2000) concerning “Training” – Recommendations on training in the field of health and safety at work which could include the needs of young persons, who are the workers of the future". 10 2. 2. 4. Opinion of the Committee (document 5832/1/98) on the “Commission’s proposal for methodology for the economic and social appraisal of safety and health legislation in force and procedure for assessing the European health and safety directives using this methodology and methods already used in the Member States”. 10 2. 2. 5. Opinion of the Committee on the draft work programme for the Bilbao Agency for 1999. 11 3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE. 12 3. 1. Ad hoc Groups active in 1998 and continuing their activities in 1999. 12 3. 1. 1. 3. 1. 2. 3. 1. 3. 3. 1. 4. work 3. 1. 5. 3. 1. 6. 3. 1. 7. Standardisation. 12 Occupational exposure levels. 12 Self-employed workers. 13 Multidisciplinary protective and preventive services/Health surveillance at. 13 Prevention of violence at work. 13 Machinery. 13 Health and safety management systems. 14 3. 2. Disbandment of ad hoc Groups. 14 3 3. 2. 1. 3. 2. 2. 3. 2. 3. Scaffolding. 14 Training. 14 Economic and social appraisal of health and safety legislation. 14 4. COOPERATION WITH OTHER BODIES. 15 4. 1. 4. 2. 4. 3. 4. 4. 4. 5. 4. 6. 4. 7. 4. 8. Safety and Health Commission. 15 Senior Labour Inspectors’ Committee. 15 Scientific Committee for Occupational Exposure Limits to Chemical Agents15 Social partners. 15 Trade Union Technical Bureau. 15 International Labour Office. 16 European Foundation. 16 Bilbao European Agency. 16 ANNEX A. 17 ANNEX B. 19 ANNEX C. 23 ANNEX D. 28 4 1. CHARACTERISTICS OF THE COMMITTEE 1. 1. Origin, competence and remit In view of the need to establish a standing body to assist the Commission in the preparation and implementation of activities in the field of safety, hygiene and health protection at work, and to facilitate cooperation between national administrations, trade unions and employers’ organisations, the Council of the European Communities, by its Decision of 27 June 1974 (74/325/EEC), set up an Advisory Committee on Safety, Hygiene and Health Protection at Work. The main tasks of the Committee (Article 2(2) of the Decision) are: (1) (2) (3) (4) to conduct, on the basis of information available to it, exchanges of views and experience regarding existing or planned rules and regulations; to contribute towards the development of a common approach to problems encountered in the fields of safety, hygiene and health protection at work, and towards the choice of Community priorities as well as the measures necessary for implementing them; to draw the Commission’s attention to areas in which there is an apparent need for the implementation of appropriate the acquisition of new knowledge and for educational and research projects; to define, within the framework of Community action programmes, and in cooperation with the Mines Safety and Health Commission: – the criteria and aims underpinning action to combat the risk of accidents at work and health hazards within the working environment, – the methods whereby companies and their employees can evaluate and improve the level of protection; (5) to contribute towards keeping national administrations, trade unions and employers’ organisations informed of Community measures in order to facilitate their cooperation and to encourage initiatives promoted by them with a view to exchanging experience and laying down codes of practice. 1. 2. Structure, procedure two government The Committee is a tripartite body made up of full members comprising, for each Member State, trade unions and two representatives of employers’ organisations. An alternate member is appointed for each full member. The full members and alternate members of the Committee are appointed by the Council, which publishes the list of members in the Official Journal of the European Communities, for information purposes. two representatives of representatives, The Committee is chaired by a Member of the Commission or, where he or she is prevented from so doing, by a designated Commission official. 5 The Committee may set up ad hoc Groups chaired by a Committee member, which present the results of their activities in the form of a report to a meeting of the Committee. The Committee produces an annual report on its activities, which the Commission forwards to the European Parliament, the Economic and Social Committee and the the Council, Consultative Committee of the European Coal and Steel Community. Opinions of the Committee are delivered by an absolute majority of the votes validly cast. An opinion delivered by the Committee is valid when two-thirds of its members are present. The rules of procedure adopted by the Committee entered into force on 30 April 1976, following approval by the Council on the basis of a Commission opinion. The representatives of the governments, trade unions and employers’ organisations are organised in three separate interest Groups, each of which appoints a spokesperson. The latter attend meetings of the interest Group which appointed them and meetings of the Committee, at which they put forward the Groups’ views. Contact between the members of the governmental interest Group is maintained through a member of the Committee representing the Government whose country holds the Council Presidency. The employers’ representatives on the Committee keep in touch through the Union of Industrial and Employers’ Confederations of Europe (UNICE) and the workers’ representatives through the trade-union organisation at Community level, the European Trade Union Confederation (ETUC). The Commission provides secretarial services for the Committee and the ad hoc Groups. The Secretariat comes under Directorate-General V (Unit V/F/5). 2. ACTIVITIES IN 1998 On 7 July 1997, the Council, acting on a proposal from the Member States, appointed the full members and alternate members of the Committee for the period from 7 July 1997 to 6 July 2000, with the previous term of office having run from 4 March 1994 to 3 March 1997. The list showing the members in 1998 is contained in Annex B. In 1998 the Committee met on two occasions in Luxembourg in April and October. At each meeting the Commission informed the Committee of developments with regard to all the matters concerning safety, hygiene and health protection at work. Meetings of the interest Groups representing governments, employers and workers were held on the day before the Committee meetings. Two additional meetings were held during the year. Progress made by the Committee in its activities during 1998 mirrored the work undertaken by the Commission in accordance with the Community programme covering the period from 1996 to 2000. The proposed activities and priorities were put to the Committee by the planning Group which met on four occasions. Twenty-one meetings were organised to accommodate the activities of the ten ad hoc Groups set up to investigate specialised areas on which the Committee wished to give an opinion. 6 The Committee disbanded three ad hoc Groups on Scaffolding, Training and Economic and Social Appraisal of Health and Safety Legislation, whose work had come to an end. The work of the Groups is summarised in section 3 of this report. The Committee adopted the annual report for 1997 and five opinions, which are reviewed in section 2. 2 of this report, and studied the subjects which could make up its programme of work for 1999. 2. 1. 22nd activity report of the Advisory Committee document 5210/2/98 The Committee adopted its 22nd report, covering activities in 1997, at its 56th meeting held on 29 April 1998. 2. 2. Opinions adopted 2. 2. 1. Opinion of the Committee (document 5213/98) on the establishment of harmonised (draft mandate 37/97 to standards on waste water engineering products CEN/CENELEC) and floorings (draft mandate 38/97 to CEN/CENELEC) in which it considered that On 29 April 1998 the Committee adopted an opinion on the draft mandates for standardisation, the draft standardisation mandates (documents 37/97 and 38/97) did not take sufficient account of the occupational health and safety problems posed by the presence of dangerous substances in the products concerned, and in particular of the formal asbestos ban in certain Member States. 2. 2. 2. Opinion of the Committee (Annex II of document 0124/99) on the Mid-term report on the Community programme concerning safety, hygiene and health at work (1996-2000) (COM(98/0511) On 5 November the Advisory Committee adopted the following opinion to highlight the positive role that the Advisory Committee wishes to play in the field of safety, hygiene and health at work. As regards the need to reflect a changing European Community, the Advisory Committee recognises that the mid-term report is delivered at a time of change in the European Union as well as within the structures of the Commission. The ongoing enlargement of the European Union, particularly to central and eastern European countries, means that greater resources will inevitably be directed by the Commission to ensuring that those countries are able to improve and maintain their health and safety systems so that they can comply with European Directives on health and safety. The ACSHH believes this to be the right approach. Failure to support the applicant countries could result in a lowering of standards throughout the European Community. The members of the ACSHH stress that the social partners have a part to play in this process. The members believe that there is a role for the ACSHH in the Commission’s work on the applicant countries but that this needs to be defined. In order to ensure that there is an open dialogue between the ACSHH and the applicant countries, the latter 7 should be granted observer status to the ACSHH. This would lead to a formal structure for dialogue being established which would enable both the applicant countries to understand what would be required of them in the field of health and safety, and the Advisory Committee to understand the difficulties which applicants may face and to suggest programmes which may help them to overcome those difficulties. The Advisory Committee recognises that with the expansion of the ACSHH it may be necessary to look at the structure of the Committee and the way in which it organises its work. The Commission should report to the Advisory Committee on the implications of the expansion of the Community and how this will affect the working arrangements of the Advisory Committee. The changing nature of work: the nature of work is also changing with, for instance, greater use of contracting and subcontracting as well as the expansion of the self-employment sector. The use of teleworking has also brought about significant changes in the way we work, expanding the scope for homeworking. The Advisory Committee recognises that it needs to better understand what these changes involve and their impact on workers’ health and safety. However, the ACSHH does need to ensure that this element of today’s employment market is taken into account when considering the future of its work programme. The changing nature of work must be objectively studied in order to ensure that appropriate measures are defined and applied. Ensuring a safe and healthy working environment requires close collaboration representatives. The between company management, economic and social challenges of the present era more than ever require effective implementation of these mechanisms. their workers and their The Advisory Committee looks to the Commission to advise and assist it in this work. It is concerned to safeguard the health, safety and welfare of all people at work. is changing, the Advisory Committee is In reflecting on the way employment concerned about the relationship between health and safety and employment policy. The ACSHH does not want to consider the issues of disability and early retirement, as other agencies may be more able and more appropriate to deal with them. The Advisory Committee believes that its work should focus more on the issues surrounding adaptability, i. e. changing work to fit the worker, and prevention. Small and medium-sized enterprises (SMEs) predominate in the European Union, and the work of the Advisory Committee must reflect the needs of this important category of enterprises. The Advisory Committee welcomes the Commission’s initiatives in this area referred to in the report. It would wish to ensure that its work reflects the needs of SMEs in a positive manner, providing them with the appropriate information and advice, such as examples of best practice, so as to promote the benefits of good health and safety management in SMEs. The Committee is aware that the Commission, following the Amsterdam Treaty, will be required to consult the social partners on a range of social issues, including health and safety. The Advisory Committee wishes to consider the part it has to play 8 in effectively implementing the Amsterdam Treaty. Without prejudice to the social partners’ prerogatives, the ACSHH has a genuine part to play in the process of framing and implementation of health and safety policy. The members of the ACSHH are of the opinion that practical experience of application of the procedures provided for by the Amsterdam Treaty will help to better identify the questions that require an appropriate answer. They are committed to examining these issues together with the Commission, with the objective of defining efficient responses and avoiding pointless duplication of work. As regards legislation, the ACSHH recognises that the legislative programme is important to ensure that the prevention principles defined in the framework Directive are put into practice. This needs to be followed up by close monitoring of its implementation in the Member States. The ACSHH would also wish to ensure that there is tripartite involvement in both the implementation and monitoring processes. Through the Commission, the Advisory Committee should be assessing both the scope and nature of EC health and safety legislation and where and how existing legislation is not being implemented in full, with due recognition of each national system. Shortcomings at both European and national level may not always need to be addressed by further legislation, but perhaps by guidance, training, research or other forms of support and advice which will ensure that the objectives are achieved in practice. The Commission clearly needs to improve the methods used in impact studies. Any impact study must go beyond merely what is said on paper and consider how that legislation has affected the health and safety performance of industry. As far as priorities in the work programme are concerned, the Advisory Committee is generally agreed on the principal priorities set out in the Commission’s mid-term report – effective legislation, enlargement, employability (all of which have been referred to above) and new risks. Within these general headings the Advisory Committee has noted the Commission’s priorities and will take them into account when drawing up its own work programme for next year. Changes within the Commission’s structure: as well as looking at the changes which are occurring in the European Community in terms of the nature of work and membership of the EC, the Advisory Committee is also aware of the changes which have occurred in the structures of the EC and in particular Directorate-General V. The Committee is aware that a number of bodies have been established, such as the Senior Labour Inspectors' Committee, which also advise the Commission on health and safety policy. The ACSHH believes that it is important that it remains the primary tripartite body for advising the Commission on the promotion of health, safety and welfare at work in the European Union. The Advisory Committee is concerned to have assurances that the work of the ACSHH will not be affected unduly by the restructuring and that the staffing and resources available to the Advisory Committee are not diminished but will reflect the increase in the wide variety of demands placed on the Committee, and thus in turn the Secretariat, by the work programme and the priorities identified in this opinion. 9 2. 2. 3. Opinion of the Committee (document 730/2/97) on “Implementation of the part of the Community programme on health and safety at work (1996-2000) concerning “Training” – Recommendations on training in the field of health and safety at work which could include the needs of young persons, who are the workers of the future" In November 1996 the Committee set up an ad hoc Group on “training” to advise it on: – the implementation of the part of the Community programme on health and safety at work concerning training and in particular in relation to the preparation of a reference document which would act as a basis for recommendations on training in the field of health and safety at work and which would include the needs of young persons, who are the workers of the future; – the implementation of future accompanying measures at European level. On 5 November 1998 the Committee adopted a report focusing on the following items: A draft reference document on improving awareness of occupational hazards and on risk prevention by means of education and training. A draft recommendation on education and training in risk prevention. A draft on future priorities and action. The Committee considers that training activities require an adequate risk prevention programme. It accordingly suggests that the Commission in conjunction with the Advisory Committee should launch initiatives and actions designed to monitor and stimulate the development of training activities in the various fields referred to in the previous chapters. 2. 2. 4. Opinion of the Committee (document 5832/1/98) on the “Commission’s proposal for methodology for the economic and social appraisal of safety and health legislation in force and procedure for assessing the European health and safety directives using this methodology and methods already used in the Member States” On 5 November 1998 the Committee adopted its opinion, which can be summarised as follows: (1) Socio-economic appraisal (SEA) can play a vital part in good health and safety legislation. It should inform the political debate on the costs, which most often accrue to enterprises, as well as on the benefits for society. As its aim is to create transparency and not to provide an alternative to political responsibility, a practical and proportional approach is preferred. In many cases, a simple analysis based on existing data and the professional judgement of the responsible officials will produce the information necessary for further debate. In the past, social and economic appraisal at European level has not been satisfactory for employers, workers or governments. Our recommendations are designed to rectify such problems by making the process more realistic. 10 (2) (3) (4) The aim of transparency is served best if a piece of legislation or regulation is analysed at an early stage. The aspects of (1) the costs and benefits to businesses, (2) the benefits for individual workers and (3) the benefits for society as a whole should be treated separately, in order to be able to cope with the differing methodological needs of these aspects. legislation require different methodological The choice of the baseline, the assumptions made and their relevance for the results are to be made transparent in the analysis. This will allow a “learning by doing” approach to be adopted. The AHG thought it unwise to limit the choice of those responsible for drawing up a SEA, as different pieces of is particularly true when it comes to taking into account different national balance between legislative or comparability of national assessments and flexibility in taking into account these particularities has to be found on a case-by-case basis. In most cases, however, a harmonised set of assumptions, together with a common methodology, might be necessary. Where levels of compliance with existing legislation in the area of a proposed Directive are low, assessments should distinguish between the costs of satisfying existing standards, and the additional costs of implementing the new proposals. traditions. Here, approaches. This social right the A SEA should be prepared in a two-step process. The first step should provide policymakers with a rough picture of the costs and benefits of the intended piece of legislation. Only if this rough analysis, which should be made by the Commission department responsible for drafting the legislation together with the relevant national authorities, shows major cost effects or major uncertainties concerning the possible benefits, should the Commission move to a more in-depth analysis. At this stage more data from companies should be gathered and a more thorough analysis of possible benefits should be made. The AHG proposes that the first analysis should be made as soon as a proposal is sufficiently stable, and submitted to the ACSHH. The second analysis should only be made if a proposal is particularly burdensome or if the first does not provide sufficiently accurate information on either costs or benefits. It should include consultation with national authorities as to be well as with social partners on possible interpretation of the text analysed, particularly concerning the measures to be taken by employers to implement it. 2. 2. 5. Opinion of the Committee on the draft work programme for the Bilbao Agency for 1999 As stipulated in the Regulation establishing the Bilbao Agency, the draft work programme of the Agency for 1999 prepared by its Director was put before the Committee after being submitted to the Agency’s Administrative Board. The views expressed by the interest Groups in the presence of the Agency’s Director may be summed up as follows: Whilst acknowledging that the main thrust of the programme and the ideas it sets out comply with the Regulation establishing the Agency, the three Groups think that the programme is too ambitious and cannot be completed, in view inter alia of the fact that there is still a backlog from the previous programme. They feel that the Agency and its Administrative Board need to prioritise the aims set out in the programme. 11 The draft programme for 1999, which rather suggests that there is no problem that the Agency is not going to tackle, prompts some concern amongst the social partners, who wish to see more clarity and transparency in defining where the Agency should be active. In particular, the Agency's and the Commission's respective spheres of responsibility should be properly demarcated. The employers’ Group wants to see serious consideration of how the Advisory Committee is to be kept informed about the tasks entrusted to the Agency. The workers’ Group emphasises that it would like to see a clearer definition of procedures, personnel, timetable and participation in activities and think that procedures should be established to identify the needs of the Agency’s users. Finally, some delegations said they were concerned about the transfers of work from the Commission to the Agency and the Agency to the administrations of the Member States, which were being inundated with requests from the Agency, and asked for such transfers to become more transparent. 3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE 3. 1. Ad hoc Groups active in 1998 and continuing their activities in 1999 3. 1. 1. Standardisation The activities of this Group are of an ongoing nature. The Committee instructs the Group to study standardisation mandates as and when they are submitted by the Commission. The Group also deals with general problems relating to health and safety at work in the context of standardisation. The Group met on three occasions in 1998 and discussed seven draft standardisation mandates. A draft opinion was prepared on two draft standardisation mandates to CEN/CENELEC (see section 2. 2. 1). The Group also prepared a draft opinion on the CEN document “Assessment of the CEN feasibility study on drawing up a guide to select personal protective equipment”, which will be presented for adoption at the next meeting of the Committee. 3. 1. 2. Occupational exposure levels This Group is consulted on the fixing of priorities in respect of substances for which occupational exposure levels should be established. It monitors the work of the Scientific Committee for Occupational Exposure Limits (section 4. 3) and prepares opinions on the establishing of occupational exposure levels. It gives progress reports at meetings of the Committee. The Group met on four occasions in 1998 and examined a draft proposal for a Commission Directive establishing an initial list of occupational exposure limits, implementing Council Directive 98/24 on the protection of health and safety of workers exposed to chemical agents at work. In particular, the Group looked at whether the annex of the draft Directive should include the lists adopted in Commission Directives 91/322 and 96/94 and a list of new substances, either studied by the Group when a third list of limit values was being prepared or recommended by the SCOEL and not yet included. The Group’s activities will continue in 1999. 12 3. 1. 3. Self-employed workers This Group was set up in November 1996 and met once in 1998. It was created to study the draft “proposal for a Council recommendation concerning the application of legislation for the safety and health at work of self-employed workers” (document 0522/96). Following the first report from the Group, the European Agency for Safety and Health at Work (Bilbao) sent a questionnaire to Member States on behalf of the Commission on the way in which safety and health legislation was applied for self- employed workers. The results of the questionnaire, which took the form of the Member States' responses, were passed on to the Group which re-examined the Commission’s proposal in the light of this additional information. A new draft opinion will be submitted to the Committee for discussion and adoption at its next meeting. 3. 1. 4. Multidisciplinary protective and preventive services/Health surveillance at work This is an amalgamation of two previous Groups, the terms of reference of which were confirmed in November 1996. The aim of this Group is to investigate the problems encountered and the experience acquired in setting up multidisciplinary protective and preventive services for employees in all sectors, industries and undertakings, public or private. A further task of the Group is to analyse how health monitoring of workers is carried out in the various Member States. The Group met on two occasions and the editorial Group on one occasion in 1998. Their activities are at an advanced stage and are expected to be completed in 1999. 3. 1. 5. Prevention of violence at work One of the measures provided for in action 3 of the Community programme is to “analyse action which needs to be taken at Community level to prevent violence at the place of work”. For this reason the Group was set up as a preliminary measure and did not meet in 1998. 3. 1. 6. Machinery The task of this Group was to prepare an opinion on a draft proposal for a Council Directive on harmonising Member State legislation on machinery. Directive 89/392/EEC on harmonising legislation on machinery has major implications for safety and health at work. Besides the direct effects attributable to new machinery, impact under Directive 89/655/EEC concerning the minimum health and safety requirements for the use of work equipment by workers. there may be an indirect 3. 1. 7. Health and safety management systems The purpose of this Group is to advise and assist the Commission in the development and to make of guidelines recommendations for applying them. The Group met for the first time in 1998 and will continue its activities in 1999. for health and safety management systems 13 3. 2. Disbandment of ad hoc Groups The Commission decided to disband three Groups whose work had been completed. 3. 2. 1. Scaffolding Set up in May 1996, the Group’s remit was to prepare a Committee opinion on a draft proposal for a Council Directive on scaffolding. The Committee adopted the opinion in 1997 and the Group was formally disbanded on 29 April 1998. 3. 2. 2. Training The Group was set up in November 1996 to advise the Committee on the implementation of the “Training” chapter of the programme, with particular emphasis on the possible preparation of a reference document which could provide a basis for recommendations on occupational health and safety training, and focusing also on the needs of young people as future workers; a further task of the Group was to advise the Committee in connection with the implementation of any back-up activities at Community level. The Group met once in 1997 and twice in 1998. It submitted a draft opinion to the Committee (section 2. 3) on document 98/97 drawn up by the Commission. After the Committee had adopted the opinion, the Group was disbanded on 5 November 1998. 3. 2. 3. Economic and social appraisal of health and safety legislation Set up in November 1996, this Group was required to prepare a Committee opinion on the Commission’s proposals for a methodology in respect of the economic and social appraisal of existing legislation in the field of health and safety and a procedure for the appraisal of European Directives concerned with health and safety, using this methodology and methods already employed in the Member States. The Group drew on a report compiled for the Commission on “economic appraisal of European health and safety at work legislation”, which analyses the current procedures and available methods for assessing the economic impact (both costs and benefits) of health and safety legislation at European, national and company level and puts forward proposals for practical impact assessment models at European and national levels, including a procedure specifically designed for European Directives. The Group met once in 1997 and twice in 1998. An editorial Group met once to help prepare the draft opinion (section 2. 2). After the opinion had been adopted by the Committee, the Group was disbanded on 5 November 1998. 4. COOPERATION WITH OTHER BODIES 4. 1. Safety and Health Commission The main tasks of the Safety and Health Commission for the Mining and Other Extractive Industries (SHCMOEI) are to monitor developments in the field of safety and health in the extractive industries, to submit to the governments of the Member States practical proposals 14 for improving safety and health protection at the workplace and to foster exchanges of useful information. Since 1994 representatives of the SHCMOEI have attended meetings of the Committee as observers. Similarly, representatives of the Committee are invited to the plenary meetings of the SHCMOEI, with each interest Group sending two observers. This process ensures more effective dissemination of information between these two bodies. Although they clearly share areas of common interest, the two bodies are largely perceived as separate entities. The SHCMOEI is essentially a technically orientated body which deals with safety problems inherent in the extractive industries. Technical aspects constitute a key element of its work, whereas the Committee is also qualified to discuss fundamental issues of safety and health at work. 4. 2. Senior Labour Inspectors’ Committee Created by Commission Decision 95/319/EC of 12 July 1995, the Senior Labour Inspectors’ Committee is composed of two representatives of the labour inspection services from each Member State and is chaired by a representative of the Commission. The Committee submits an annual report on its activities to the Commission, with particular reference to any problem relating to the enforcement or monitoring of secondary Community legislation in the field of health and safety at work. The Commission forwards the report to the Council, the European Parliament, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work. 4. 3. Scientific Committee for Occupational Exposure Limits to Chemical Agents Set up in response to a request from the Council by Commission Decision 95/320/EC of 12 July 1995, this scientific committee is required to examine the health effects of chemical agents on workers at work. Its activities are monitored by the Advisory Committee and, more particularly, by the occupational exposure levels Group in connection with the preparation of its opinions on draft proposals for directives implementing Council Directive 80/1107/EEC, as amended by Directive 88/642/EEC. 4. 4. Social partners A representative of the European Trade Union Confederation (ETUC) and a member of the Union of Industrial and Employers’ Confederations of Europe (UNICE) are invited to attend the meetings of the Committee. 4. 5. Trade Union Technical Bureau The European Trade Union Technical Bureau for health and safety (TUTB) was set up in 1989 by the ETUC as a vehicle for keeping close track of the technical work carried out by the standardisation organisations. Backed by the European Parliament, which allocated a budget heading in 1989, the TUTB signed a multiannual agreement with the Commission in the same year. It conducts studies and supplies information tying in closely with European harmonisation and standardisation work in the field of safety and health at the workplace and with the Committee’s standardisation Group. A representative of the TUTB is invited to attend the Committee’s meetings. 15 4. 6. International Labour Office A representative of the ILO is invited to meetings of the Committee. 4. 7. European Foundation A representative of the European Foundation for the Improvement of Living and Working Conditions is invited to meetings of the Committee and presents, amongst other things, the Foundation’s work programme. 4. 8. Bilbao European Agency Under the Decision establishing the Agency, the Committee is consulted on its annual work programme and receives a copy of its annual report. 16 ANNEX A COUNCIL DECISION LEGAL BASIS (Extract) 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, trade unions and employers’ organisations. HAS DECIDED AS FOLLOWS Article 1 An Advisory Committee on Safety, Hygiene and Health Protection at Work (hereinafter called the “Committee”) 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 (1) (2) The Committee shall produce an annual report on its activities. 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. Article 4 (1) (2) (3) The Committee shall consist of (. ) full members, there being for each Member State two representatives of the Government, two representatives of trade unions and two representatives of employers’ organisations. An alternate member shall be appointed for each full member. (. ) Full members and alternate members of the Committee shall be appointed by the Council which, trade unions and employers’ representatives of associations, shall endeavour to achieve a fair balance in the composition of the Committee between the various economic sectors concerned. in respect of (4) The list of the full members and alternate members shall be published by the Council in the Official Journal of the European Communities for information purposes. 17 Article 5 The term of office of full members and alternate members shall be three years. Their appointments shall be renewable. Article 6 (1) (2) (3) (4) The Committee shall be chaired by a member of the Commission or, where such member is prevented from so doing and as an exception, by a Commission official to be nominated by him. The Chairman shall not vote. The Committee shall meet when convened by the Chairman, either at the latter’s initiative or at the request of at least one-third of its members. The Committee may establish working parties under the chairmanship of a Committee member. They shall submit the results of their proceedings in the form of a report at a meeting of the Committee. Representatives of the Commission’s departments concerned shall participate in meetings of the Committee and of working parties. Secretarial services shall be provided for the Committee and for working parties by the Commission. Article 7 An opinion delivered by the Committee shall not be valid unless two-thirds of its members are present. Article 8 The Committee shall adopt its rules of procedure, which shall enter into force after the Council, having received an opinion from the Commission, has given its approval. ” 18 ANNEX B COMPOSITION OF THE COMMITTEE in 1998 I. GOVERNMENT REPRESENTATIVES a) Full members Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden Mr HESELMANS Mr DE VIL Mr ANDERSEN Mr ECKEROTH Mr HORST Mr WILMERSTADT Mr KAFETZOPOULOU Mr PAPADOPOULOS Mr GOMEZ- HORTIGUELA AMILLO Mr MARTINEZ DE LA GANDARA Mr BOISNEL Mrs GUIGUEN Mr HENRY Mr WALSH Prof LEPORE Dr CACOPARDI Dr RUME Mr VOS Mr WEBER Dr LATERVEER Dr BREINDL Dr SZYMANSKI Mr RODRIGUES DA SILVA CABRAL Dr COSTA MARINHO Mr RANTANEN Mr HURMALAINEN Mr BYLUND Mr CLOAREC United Kingdom Mr CLIFTON Dr CRUICKSHANK b) Alternate members Belgium Denmark Germany Greece Spain France Mr STEEN Mr JENSEN Mr GIESEN Mr FONTINOY Mr BAHNE Dr RÜCKERT Mrs PISSIMISSI Mr CHRISTODOULOU Mr CASTELLA Mr NOLLA FERNANDEZ Mrs PAILLARD Mr ROBERT 19 Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden Mr FUREY Mr DONNELLAN Dr FAVENTI Dr ROCCA-ERCOLI Mr DEMUTH Mr HUBERTY Mr MEPPELDER Dr MIDDELPLAATS Dr FINDING Mrs JENNER Mrs PINTO MARVAO Mr FREITAS DURAO Mr KALLIO Mrs LEHTINEN Mr BARREFELT Mrs SVÄRD United Kingdom Mrs WHITE Mr HENDERSON II. WORKERS’ REPRESENTATIVES a) Full members Belgium Denmark Germany Greece Spain France Ireland Italy Mrs CYPRES Mr FONCK Mr RASMUSSEN Mr POULSEN Mr KONSTANTY Mr ANGERMAIER Mr POLITIS Mr FERRER Mr PHILIP Mr DRIVAS Mr CARCOBA Mr MARTIN Mr CRONIN Mr WHELAN Mrs BENEDETTINI Dr GALLI Luxembourg Netherlands Mr MILLER Mr GIARDIN Mr WILDERS Mr DE GEUS Austria Portugal Finland Sweden Mr HEIDER Mrs CZESKLEBA Mr NASCIMENTO LOPES Mr DA COSTA FARIAS Mrs TYÖLÄJÄRVI Mr METSÄMÄKI Mr TENGBERG Mrs BREIDENSJÖ United Kingdom Mrs GIBSON Mr MELLISH 20 b) Alternate members Belgium Denmark Germany Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden Mrs VELLANDE Mr VAN DER HAEGEN Mr JACOBSEN Mr AHLERS Mr ZWINGMANN Mr GROWITSCH Dr CHATZIS Mr PAPANAYOTOU Mrs DIAZ Mr TORRES FERNANDEZ Mr SALENGRO Mr SEDES Mrs MRKWICKA Mr DEVOY Mr D’ERCOLE Mr STANZANI Mr GOEREND Mr KINN Mr MULLER Mr VAN STEEBERGEN Mrs REITINGER Mr STEINER Mr COELHAS DIONISIO Mr MONTEIRO do MONTE Mr SAARIKANGAS Mrs HEIKURA Mrs HILDINGSSON Mrs THULESTEDT United Kingdom Mr TUDOR Mrs GOWAN ROONEY OBE III. EMPLOYERS’ REPRESENTATIVES a) Full members Belgium Denmark Germany Greece Spain France Ireland Mr LEONARD Mr DE LANGE Mr NIELSEN Mr JEPSEN Mr GUNKEL Mr SCHEEL Mr ZIMALIS Mr TSAMOUSSOPOULOS Mr TEIXIDO CAMPAS Mr MANZANO SANZ Mr PEYRICAL Mrs CORMAN Mr O’HALLORAN Mr BRISCOE 21 Italy Luxembourg Netherlands Austria Portugal Finland Sweden Dr CHIACCHIARARELLI Mr GIUSTI Mr SAUBER Dr METZLER Mrs FRENKEL Mr KONING Mrs SCHWENG Mr BRAUNER Mr COSTA TAVARES Mr PENA COSTA Mr FORSS Mr KUIKKO Mr FROSTLING Mr LIND United Kingdom Dr ASHERSON Dr WHITE b) Alternate members Belgium Denmark Mr PELEGRIN Mr DILLEN Mrs JUHLER- KRISTOFFERSEN Mr HOLMBOE BANG Germany Mr BEEKHUIZEN Mr KUHLMANN Greece Spain France Ireland Italy Luxembourg Netherlands Austria Portugal Finland Sweden Mr ZACHARIAS Mr KIRIAKOGGONAS Mr MUNOZ MUGICA Mr MORENO UCELAY Mr TASSIN Dr AUBRUN Mr CASSIDY Mr ENRIGHT Dr GRAMPELLA Dr FREGOSO Mr WALERS Dr STELMES Mr KROEZEN Mr DUNGL Mr STIMITZER Mr FONTES MACHADO Mr BARROSO Mr AHTELA Mrs LUOMALA Mrs TELL Mrs BJÖRG ÖSTLUND United Kingdom Mrs JEYNES Mr CLARE 22 ANNEX C LIST OF AD HOC GROUPS – 1998 PLANNING Chairman : Mr JEPSEN (E) Vice-chairman: Mrs WHITE (G) Rapporteur : Mr FONCK (W) GOVERNMENT EMPLOYERS WORKERS SZYSMANSKI / AUT CORMAN / FR MELLISH / UK HORST / DE WEBER / LUX RICHARD / UNICE SEDES / FR GIUSTI / IT CARCOBA / ES HURMALAINEN / FI JEPSEN / DK CARLSLUND / ETUC SCHEEL / DE FONCK / BE WHITE / UK DEAKINS / UK VOS / NL WALSH / IRL Official responsible: E. ROTHER – Tel. 32268; E. DELAVAL -Tel. 32781 MACHINERY Chairman : Mr GIUSTI (E) Vice-chairman: G Rapporteur : Mr TENGBERG (W) GOVERNMENT EMPLOYERS WORKERS ANNSTRÖM / SV GAMBELLI / FR GIUSTI / IT TENGBERG / SV BLAIMONT / BE VIERENDEELS / BE PORTELA PAZ / ES ZODER / AUT CUNNIGHAM / UK BECKER / DE BULLOCK / UK ALVINO / IT FRICHET-THIRION/ FR BORMANS / BE TOZZI / TUTB Official responsible: A. FUENTE – Tel. 32739 23 OCCUPATIONAL EXPOSURE LEVELS Chairman : Mr JEPSEN (E) Vice-chairman: Mr WILDERS (W) Rapporteur : Mr STEEN (G) GOVERNMENT EMPLOYERS WORKERS JACKSON / UK BEEKHUIZEN / DE MAGNAVITA / IT CAMILLETTI / IT LEVY / FR KONSTANTY / DE HADRICH / DE JEPSEN / DK GRODZKI / BE STEEN / BE GRAMPELLA / IT MARTIN / FR HURMALAINEN /FI BORMANS / BE WILDERS / NL Official responsible: A. ANGELIDIS – Tel. 33747 VIOLENCE AT WORK Chairman : Mrs GIBSON (W) Vice-chairman: Mr TSAMOUSSOPOULOS (E) Rapporteur : Mrs ROCCA (G) GOVERNMENT EMPLOYERS WORKERS BANERYD / SV DARVILL / UK ROCCA / IT SAUX / FR BAHNE / DK TSAMOUSSOPOULOS / EL LENERT / AUT GODEFROIMONT / BE PERIMAEKI / FI THORPE / UK RICHARD / BE IANUCCI / BE LOPES / PO GIBSON / UK DALMARK / DK Official responsible: Dr ALVAREZ – Tel. 34547 24 SELF-EMPLOYED WORKERS Chairman : Mr HENRY (G) Vice-chairman: Mr PELEGRIN (E) Rapporteur : Mr VOGEL (W) GOVERNMENT EMPLOYERS WORKERS BELL/ UK HENRY / IRL HUUSKONEN / FI PICCOLI / FR ROCCA / IT PELEGRIN / BE WHITE / UK RIVAILLE / FR RICHARD / BE GUNKEL / DE TUDOR / UK MURIE / ES VOGEL / BE FROST / DK Official responsible: Mrs E. DELAVAL – Tel. 32781 TRAINING Chairman : Mrs GALLI (W) Vice-chairman: Rapporteur : Mr DE LANGE (E) GOVERNMENT EMPLOYERS WORKERS SOAVE / UK DE LANGE / BE RENHARDT / AUT GIUSTI / IT GALLI / IT PHILIP / FR WOOD / IRL ARENAL / ES GUNKEL / DE PYKETT / UK RICHARD / BE FREDERIKSEN / DK O'HALLORAN / IRL VOGEL / BE Official responsible: Mrs H. VAN LOON – Tel. 32034 25 SOCIAL AND ECONOMIC APPRAISAL Chairman : Mr TUDOR (W) Vice-chairman: ROWE (G) Rapporteur : Mr SCHEEL (E) GOVERNMENT EMPLOYERS WORKERS LORD / UK NILSSON / SV ROWE / IRL BAKKUM / NL FRICHET / FR SCHEEL / DE ASHERSON / UK GAMBELLI / FR RICHARD / BE TUDOR / UK D’ERCOLE / IT CYPRES / BE / AUT KRISTOFFERSEN / DK SAPIR / TUTB Official responsible: R. HAIGH – Tel. 32734 MULTIDISCIPLINARY SERVICES / HEALTH SURVEILLANCE Chairman : Mr TŸOLÄJÄRVI (W) Vice-chairman: Mrs CORMAN (E) Rapporteur : Mrs WOOD (G) GOVERNMENT EMPLOYERS WORKERS SAUNDERS / UK RICHARD / UNICE BENEDETTINI / IT CASTELLA / ES BIENECK / DE ENGLUND / SV WOOD / IRL GIUSTI / IT CORMAN / FR POULSEN / DK TŸOLÄJÄRVI / FI JANNERFELDT / SV GIARDIN / LUX DE LANGE / BE VOGEL / TUTB Official responsible: Dr ALVAREZ – Tel. 34547 26 STANDARDISATION Chairman : Mr ANGERMAIER (W) Vice-chairman: Mr MEPPELDER (G) Rapporteur : Mr GIUSTI (E) GOVERNMENT EMPLOYERS WORKERS PILLER / AUT WEBER / LUX BARZ / DE GAMBELLI / FR ANGERMAIER / DE GIUSTI / IT SCHEEL / DE GIBELLIERI / IT SAPIR / BE MEPPELDER / NL BORMANS / BE TENGBERG / SV TOMKINS / UK LIND / SV PAZ / ES Other experts: Mr MERTENS, CENELEC Mr PLISSART, CEN Mr BREKELMANS, European Commission – DG III Brussels Mr VAN GHELUWE, idem Mr BLOMQUIST, idem Official responsible: A. LOMMEL – Tel. 33871 HEALTH AND SAFETY MANAGEMENT SYSTEMS Chairman : Mrs RÜCKERT (G) Vice-chairman: Mr JEPSEN (E) Rapporteur : Mr RASMUSSEN (W) GOVERNMENT EMPLOYERS WORKERS RÜCKERT / DE LEANDRO / PO NILSSON / SV ROCCA / IT VOEL / NL JEPSEN / DK ASHERSON / UK BORMANS / BE RASMUSSEN / DK ANGERMAIER / DE MELLISH / UK O’HALLORAN / IRL STANZANI / IT BEEKHUIZEN / DE SAPIR / TUTB Official responsible: Mrs H. VAN LOON – Tel. 32034; E. ROTHER – Tel. 32278 27 ANNEX D TIMETABLE 1998 Dates Title of the meeting Participants Non-govern. Govern. 17/02/1998 Government representatives 18/02/1998 Training 20/02/1998 Workers 3/03/1998 Planning 24/03/1998 Social and economic appraisal 26/03/1998 Standardisation 28,29/04/98 Plenary 3/06/1998 Planning 3/06/1998 Editorial Group "Social and economic appraisal" 8/06/1998 Exposure levels 15/06/1998 Multidisciplinary services 9/07/1998 Training 23/07/1998 Editorial Group "Multidisciplinary services" 3/09/1998 Establishing exposure levels 8/09/1998 Standardisation 10/09/1998 Planning 21/09/1998 Employers 24/09/1998 Workers 28/09/1998 Social and economic appraisal 5/10/1998 Management systems 6/10/1998 Multidiscplinary services 9/10/1998 Government representatives 28 30 5 5 5 5 30 5 1 5 5 5 1 5 5 5 5 5 5 10 31 10 10 12 31 10 2 10 10 10 2 10 12 10 31 31 10 10 10 30 Dates Title of the meeting Participants Non-govern. Govern. 29/10/1998 Planning 3/11/1998 Exposure levels 4,5/11/98 Plenary 1/12/1998 Establishing exposure levels 7/12/1998 Implementation of directives 9/12/1998 Self-employed workers 15/12/1998 Employers 16/12/1998 Machinery 17/12/1998 Standardisation 10 10 61 10 0 10 31 10 12 5 5 30 5 15 5 5 5 29