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Critical H&S Obligations: EU Regional EHS Regulatory Highlights

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This handout from the spring 2018 EHSxTech meeting in Paris includes information on health and safety obligations for companies in the European Union (EU).

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Critical H&S Obligations: EU Regional EHS Regulatory Highlights

  1. 1. PRESENTED BY ® EU Regional EHS Regulatory Highlights: Critical H&S Obligations Paris April 5, 2018
  2. 2. ® Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Required?* Prescribed or Risk Based or Not Required Prescribed or Risk Based or Not Required Prescribed or Risk Based or Not Required Austria Yes Yes Yes Yes Belgium Yes Yes/RA Yes Yes Denmark Yes Yes Yes Yes Finland Yes Yes Yes Yes France Yes Yes Yes Yes Germany Yes Yes Yes Yes Ireland Yes Yes/RA Yes Yes/RA Israel Yes Yes Yes Yes Italy Yes Yes Yes Yes Netherlands Yes Yes Yes Yes Poland Yes Yes Yes Yes Spain Yes Yes Yes Yes Sweden Yes Yes Yes Yes United Kingdom Yes Yes/RA Yes Yes/RA Yes= Required as Prescribed by the Regulation Yes/RA= May be Required if Identified in a Risk Assessment No= Not Required / No Regulation 1
  3. 3. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Austria Act on Workers’ Protection, BGBl. Nr. 450/1994; according to §88 companies with more than 100 employees have to install safety comittees which have to meet at least once a year and to improve workers safety conditions. Act on Workers’ Protection, BGBl. Nr. 450/1994; all companies regardless their number of employees must appoint an occu- pational physician; however, they can choose if internal or external; for companies up to 50 employees this service is provided by an authority. Act on Workers’ Protection, BGBl. Nr. 450/1994; all companies regardless their number of employees must appoint an health and safety officer; however, they can choose if internal or external; for companies up to 50 employees this service is provided by an authority. First aider must receive 8 hour training from the Austrian Red Cross or equivalent, every 4 years. First Aider (§ 40 (2) Workplace Ordinance) Belgium Codex on Welfare at Work book II Title 7: A health and safety committee is required where there are at least 50 employees. Codex on Welfare at Work book II Title 7: A health and safety committee is required where there are at least 50 employees. Law on Welfare Art. 33 and Codex on Welfare Art. II.1-7: Every employer is obliged to set up an Internal Service for Prevention and Protec- tion at work. To this end, every employer has at least one prevention advisor. In compa- nies with fewer than twenty employees, the employer may fulfill the function of prevention advisor himself. For the well-being domains that are not cov- ered by the expertise of the internal service, an external service must be used.An identi- fication document specifies the composition of the internal service and specifies which domains/items will be handled by the internal or external service. Internal confidential counsellor must partic- ipate in a basic training (5 days) and partici- pates in an annual supervision training (0.5 day). Basic training is needed to acquire knowledge and skills for first aid. Annual retraining is mandatory. The prevention counsellor should have suffi- cient knowledge of the legslation concerning the well-being at work (basic formation of 6 days is recommended but not mandatory). Employer must appoint and train a sufficient number of employees to act as “Ser- vice against Fire” team. These employees must be trained in firefighting (theory + practical exercises). All employees must receive training on emer- gency procedures upon commencement of work. All employees that are exposed to risks at work must receive adequate training as detemined in the relevant risk assessments. ® 2
  4. 4. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Denmark Companies with more than 10 employees, cooperation on health and safety shall be orga- nized in a health and safety working organiza- tion (AMO). The employer must ensure that members of the health and safety organisation have completed a mandatory 3 day health and safety training course within three months of their election or appointment. Subsequent- ly, the employer will offer members of the health and safety organisation supplementary courses on health and safety during the first year corresponding to two days’ duration and, in each of the following years of the period of office, corresponding to one-and-a-half days’ duration. Executive Order 1181 15/10/2010 The employer is obligated to have: • Work place evalution (APV) no more than 3 years old • Work environment organisation, if more than 9 employees • Safety data sheets on chemichals and guides on the protection gear • Yearly talk on the work environment and improvement goals • Executive order 1181 15/10/2010 and Working Environment Act 1084 19/9/2017, Work Environment Authority Guides F.3.2-F.3.7 Executive Order Work with Display Screen Equipment, Article 6 1108 of 15 December 1992 The employee is entitled an eye test upon commencement of screen work, at regular intervals thereafter and in the event they experience visual difficulties. They should also be provided with corrective glasses if required for screen work. Working Environment Act, Article 27 - 29 1084 of 19 September 2017: Multiple employ- ers and employees sharing working premises must cooperate on a safe and healthy working environment. Training is required by federal requirements and must address the results of the site-specif- ic risk assessment. Executive Order on the cooperation of Safety and Health (no. 1181 of 15 October 2010), Part 7 - Health and safety training, Mandatory health and safety training....(34) The employer shall ensure that health and safety representa- tives and supervisors in the health and safety organization complete, or have completed, a mandatory health and safety training course of three days. (36) Within their first year as a health and safety representative, the employer shall offer supplementary health and safety training corresponding to a two-day course to health and safety representatives and supervi- sors in the health and safety organization who have completed the mandatory health and safety course. (38) The objective of supple- mentary health and safety training is to ensure regular updates in the area that strengthen the skills of health and safety representatives and supervisors in the health and safety organiza- tion. Supplementary health and safety training shall impart knowledge and skills that are rele- vant with regard to health and safety activities in the enterprise. Work Environment Act (no. 1084 of 19 September 2017), Chapter 4, 15§ General obligations The employer shall inform the employees of any risks of accidents and diseases which may exist in connection with their work. The employer shall ensure that the employees receive the necessary training and instruction to perform their work in such a way as to avoid any possibility of risk. Act on Environmental Protection (no. 966 of 23 June 2017) Chapter 1, 4§ Section 4 The person who commences or carries out activities which may give rise to pollution must take measures to prevent this. ® 3
  5. 5. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Denmark (continued) Work Environment Act (no. 1084 of 19 Sep- tember 2017) This law requires a risk assessment that should then be used to provide training based the following questions: • Which safety/health risks have been identi- fied within the business? • Which are the greatest risks? It may be easier to understand why it is important to follow procedures and guidelines if the identified risks (physical and psychological stress, disturbance, trips/falls, and fire) are presented in the introduction. AT - guidelines: AT (Danish work environment agency) published several guidelines specifik to any of the typical field i.e. office. The typical risks and evalutions tools are specified here. When the guidelines are followed AT accepts this as the Work environment act are followed. Finland Act on Occupational Safety and Health Enforcement and Cooperation on Workplace Safety and Health, Section 38 In workplaces where there are more than 20 employees, an occupational safety and health committee shall be established for two years at a time. Both the employer and the employees must be represented on the committee. Occupational Health Care Act 1383/2001, Section 11 -12: The employer must have a written occupational health care action plan in place outlining the general aims of occupa- tional health care, the requirements based on workplace conditions and the associated measures. This plan should be revised annually on the basis of workplace visits and other investigations carried out by the occupational health care service provider. Act on Occupational Safety and Health Enforcement and Cooperation on Workplace Safety and Health, Section 28 The employer shall nominate a representative (Occupational Health and Safety Manager) for cooperation unless he wishes to take the position himself. Act on Occupational Safety and Health Enforcement and Cooperation on Workplace Safety and Health, Section 29Where there are more than 10 employees working, employees must elect a health and safety representative and two vice representatives to represent them in cooperation matters. Occupational Safety Act 738/2002, Section 14 Training and supervision for employees : The employer must provide workers with adequate information about risks in the workplace and ensure that employees receive adequate in- troduction to the work, working methods and tools especially before a new job/task starts or changes. Occupational Safety and Health Act 738/2002, Section 18 Employees health and safety duties: Employees and managers should receive train- ing on their H&S responsibilities Occupational Safety and Health Act 738/2002, Section 44 Employees to be provided with training and information on emergency pro- cedures and actions to be taken following an accident. Occupational Safety and Health Act 738/2002, Section 45 Instructions on the measures to be taken in the event of fire (including use of emergency equipment) to be provided to employees and to always be available in the workplace. ® 4
  6. 6. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Finland (continued) Occupational Safety and Health Act 738/2002, Section 46 First aid: In accordance with the work and working conditions, the employees shall be provided with instructions on the mea- sures to be taken in order to receive first aid in the case of an accident or illness. Occupational Safety and Health Act 738/2002, Section 47 The employer must appoint and train a sufficient number of employees to carry out first aid and fire evacuation duties, based on the nature of the work, the particular risks involved, and the size of the workplace. Employees are required to cooperate with the employer in this regard. Government Decree on the safety and health at work 577/2003, Section 17 Protective and emergency instructions to employees: Employ- ees must be provided instructions regarding handling of fire extinguishers, fire alarms, fire doors, alerting the fire department and quick evacuation as well as other fire protection measures with regards to conditions in the workplace. Government Decision on work with visual display units (VDU) (22.12.1993/1405), Section 5 Training and instructions: When work with VDU begins or a workplace significantly chang- es, the employer shall provide employees with adequate training and supervision. France Labor code Art. L2311-2 to L2312-34: A social and economic committee shall be set up in companies with at least 11 employees. Its implementation is mandatory only if the number of employees of at least eleven is reached during twelve consecutive months. The SEC mission is to present to the employer the individual or collective complaints relating to the application of the Labour Code. It can contribute to promote Health and Safety in the company. Between 50 and 299 employees, the SEC can participate in the risk assessment implementation (Art. L2312-9). Labor code, Art. R4622 - R4625 Health surveil- lance of employees via appointed occupational health service Work code, Art. D4622-1 The occupational health service is organised as: 1° an independent service, which may be a group service within the meaning of section L. 2331-1, of an enterprise, inter-institution, establishment or joint enterprise constituting an economic and social unit; 2° an inter-company occupational health service. Labor code, Art. L4644-1 : The employer shall appoint a qualified em- ployee to ensure the safety activities. If not possible, the employer can delegate this task to an external party after agreement with the economic and social committee Labor code, Art. R4141-3-1 Consultation and communication with employ- ees on H&S matters Training is based on the risk assessment. Risk related training must cover : 1. The terms of access to the “Document Unique” related to risk assessment; 2. The prevention measures identified in the “Document Unique” when concerned; 3. The role of the occupational health service and, if applicable, the role of employee repre- sentatives in terms of the occupational hazards prevention; 4. Where applicable, the provisions containing the Internal Rules; ® 5
  7. 7. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers France (continued) Labor code, Art. L2315-36 - Safety committee: A Health, Safety and Working Conditions Com- mittee is set up within the Social and Economic Committee in: 1° Companies with at least three hundred employees; 2° Separate establishments with at least three hundred employees; Labor code, Art. L2315-27 At least four meetings of the Social and Economic Committee shall be held annually, in whole or in part, to discuss the Committee’s responsibilities in the field of health, safety and working conditions, more frequently if necessary, particularly in branches of activity presenting particular risks. Work code, Art. D4622-3 The exclusive mission of occupational health services is to prevent any deterioration in workers’ health as a result of their work. To that end, they: 1° Carry out occupational health actions, with the aim of preserving the physical and mental health of workers throughout their profession- al career; 2° Advise employers, workers and their rep- resentatives on the provisions and measures necessary to avoid or reduce occupational risks and improve working conditions; 3° Monitor the health status of workers ac- cording to the risks concerning their occupa- tional health and safety; 4° Participate in monitoring and contribute to the traceability of occupational exposure and health monitoring. Work code, Art. D4622-4 The role of the occupational physician is exclusively preventive. It consists of avoiding any deterioration in workers’ health as a result of their work, in particularly by monitoring their health conditions at work, the risks of contagion and their state of health Labor code, Art. L4121-1 The employer shall take the necessary mea- sures to ensure the safety and protect the physical and mental health of workers. These measures include 1° Actions to prevent occupational risks, in- cluding those mentioned in Article L. 4161-1; 2° Information and training activities; 3° The establishment of an organization and adapted means. The employer shall ensure that these mea- sures are adapted to take account of changing circumstances and to improve existing situa- tions. 5. The fire safety rules and instructions and the responsible persons for the implementation of the measures mentioned in these rules and instructions. Labor code, Art. L4141-1 The employer shall organise and provide workers with information on health and safety risks and the measures taken to prevent them. He also organises and provides workers with information on the risks to public health or the environment posed by products or manufac- turing processes used or carried out by the establishment and on the measures taken to prevent them. Labor code, Art. R4141-3 The purpose of safety training is to instruct the worker to take precautions to ensure his own safety and, where appropriate, that of other persons working in the establishment. It is about: 1° Conditions of movement within the com- pany; 2° Conditions of the work execution; 3° The conduct to be followed in the event of an accident or disaster. Germany Act on Occupational Physicians, Safety Engineers and Other Occupational Specialists (ASiG) § 11 and DGUV Regulation 1, Section 20 Consultation and communication with em- ployees on H&S matters, e.g. Occupational H&S committee “ASA” required where there are more than 20 employees present in an establishment. An establishment within the meaning of the ASiG or the DGUV regulation 2, Annex 1 is “a closed unit characterized by organizational independence with its own deci- sion-making characteristics. Act on Occupational Physicians, Safety Engi- neers and Other Occupational Specialists(ASiG) §§2-4 and Accident Prevention Regulation: Occupational Physicians & OSH Profession- als(DGUV V2) §2: Need for nomination of an Occupational Physician starting at 1 employ- ee. Training certificate (“Arbeitsmedizin” or “Betriebsmedizin”) and written appointment by site management is required. Occupational physicians shall support employ- ers in all matters of health protection in con- nection with occupational safety and health as well as accident prevention. In particular, they shall: Act on Occupational Physicians, Safety Engi- neers and Other Occupational Specialists(ASiG) §§1&5ff and Annex II and DGUV Vorschrift 2 Occupational Physicians & OSH Professionals §2: Need for nomination of an HS specialist in establishments with more than 10 employees. Safety expertise (“Sicherheitsingenieur” or “Si- cherheitstechniker”) and written appointment by site management is required. The occupational safety specialists shall sup- port employers in all matters of occupational safety in connection with occupational safety and health as well as accident prevention including measures designed to tailor jobs to meet human requirements. In particular, they shall: H&S training of employees working in offices is mainly regulated by the German Occupa- tional Safety Act (ArbSchG) and the Accident Prevention Rule DGUV Vorschrift 1 - Princi- ples of Accident Prevention (Grundsätze der Prävention). §12 of ArbSchG requires that H&S training shall comprise instructions and explanations with specific relevance to the workplace and the tasks of the workers con- cerned. H&S training shall be given (1) prior to the beginning of work by the worker upon his recruitment, (2) after any changes in task, (3) upon the introduction of new work equipment or a new technology. The content of the H&S training has to reflect the results of risk assess- ment (Gefährdungsbeurteilung) according to §§5, 6 of ArbSchG. ® 6
  8. 8. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Germany (continued) The committee is comprised of: 1. the employer or an appointed representative, 2. two members of the works council appointed by the works council, 3. occupational physicians (Be- triebsärzte), 4. occupational safety specialists (Fachkräfte für Arbeitssicherheit), and 5. safety officers (Sicherheitsbeauf- tragte) pursuant to section 22 of the Seventh Book of the Social Code (Sozialgesetzbuch). The occupational safety and health committee shall have the task of discussing matters of occupational safety and health and accident pre- vention. The occupational safety and health committee shall meet at least once every three months. 1. provide guidance to the employer and other persons responsible for occupational safety and health and for accident prevention; 2. examine the workers, assess them and offer them guidance in terms of occupational medicine, and record and evaluate the results of such examinations, 3. monitor the implementation of the occupational safety and health and accident prevention measures; 4. make efforts to ensure that all workers of an establishment act in accordance with the re- quirements of occupational safety and health and accident prevention, in particular, instruct them with regard to the accident and health hazards they are exposed to at work as well as the facilities and measures available to avoid such hazards, and cooperate in the scheduling and training of the “First Aid” assistants and the medical auxiliary personnel. Occupational physicians shall inform a worker at his/her request about the result of occupa- tional medical examinations. The obligations of occupational physicians do not include the verification of whether or not a worker’s sick report is justified. 1. provide guidance to the employer and other persons responsible for occupational safety and health and for accident prevention; 2. inspect operating facilities and work equipment, in particular before they are put into service, and check working processes, especially before they are introduced, under the aspects of technical safety; 3. monitor the implementation of the occupa- tional safety and health and accident preven- tion measures; 4. make efforts to ensure that all workers of an establishment act in accordance with the re-quirements of occupational safety and health and accident prevention, in particular, instruct them with regard to the accident and health hazards they are exposed to at work as well as the facilities and measures available to avoid such hazards, and cooperate in the training of the safety officers (Sicherheitsbeauftragte). Social Code VII § 22 and DGUV Vorschrift 1 Sec- tion 20 and DGUV Regulation 1, Section 4.2.6 Appointment of safety delegates (Sicherheits- beauftragte). Generally, enterprises with more than 20 employees must have at least one (1) safety delegate. The exact number must be defined individually, considering: • Risks for health and safety • Spatial proximity of the H&S officer to the workers • Timely proximity of the H&S officer to the workers • Technical proximity of the H&S officer to the workers • Number of employees. For offices, at least one safety officer is required between 21 and 250 employees. For each commenced further 400 employees, at least one additional safety officer is required. The employer shall give the safety delegates the opportunity, taking into account the enterprise’s operational requirements, to attend training courses of the Institution for Statutory Accident Insurance and Prevention (BG) if necessary in view of the nature of the workplace and the associated accident and health hazards for the insured persons. Without the training, the safety officer cannot fulfil his duties. The risk assessment aims to identify all risks that work- ers are exposed to, defines measures to minimize work related risks, and has to consider the provisions con- tained in the subordinate ordinances, i.e. the Ordinance on Hazardous Substances (GefStoffV), the Ordinance on Industrial Safety (BetrSichV), the Ordinance on Work- places (ArbStättV), and the Ordinance on the Manual Handling of Loads (LasthandhabV). According to DGUV Vorschrift 1 section 4, the employer shall convey to the ensured persons in a comprehensible manner, the content of the applicable accident preven- tion rules and principles; rules issued by the German social accident insurance institutions and pertinent government rules and regulations that is relevant to their area of work or their job. The instruction shall be repeated as required, at least once a year, and shall be documented. In the case of temporary workers, the hirer shall be responsible for providing the training. He shall perform the training with due regard to the qualification and experience of the persons assigned to him for perform- ing work. All other obligations of the hirer-out regarding occupational safety and health shall not be affected. Regulatory citations: 1. Law on the performance of occupational safety and health measures to encourage improvements in the safety and health of workers at work (Arbe- itsschutzgesetz - ArbSchG) of August 7, 1996, last amended August 31, 2015 2. Accident Prevention Rule DGUV Vorschrift 1 - Princi- ples of Accident Prevention (Grundsätze der Präven- tion) of November 2013 3. Ordinance on Hazardous Materials (Gefahrstoffver- ordnung - GefStoffV) of November 26, 2010, last amended March 29, 2017 4. Ordinance on Industrial Safety and Health (Betriebssi- cherheitsverordnung - BetrSichV) of February 3, 2015, last amended October 18, 2017 5. Ordinance on Workplaces (Arbeitsstättenverordnung - ArbStättV) of August 12, 2004, last amended October 18, 2017 6. Ordinance on Manual Handling of Loads (Lastenhand- habungsverordnung - LasthandhabV) of December 4, 1996, last amended October 18, 2017 ® 7
  9. 9. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Ireland The Safety, Health and Welfare at Work Act 2005. Section 25 & 26- Safety Representation and Consultation andparticipation of employ- ees, safety committees. The employer shall consult those employees in good time on matters relating to their health and safety at work. The consultation required should be with either— 1. the employees directly; or 2. in respect of any group of employees, one or more persons in that group who were elected, by the employees in that group at the time of the election, to represent that group for the purposes of such consultation. Duty to provide employees with necessary information to enable them to participate fully in consultation. Training, time off and facilities for representa- tives of employee safety and time off for candi- dates seeking election as safety representative. The Safety, Health and Welfare at Work Act 2005, Regulation 22 - Every employer shall ensure that health surveillance appropriate to the risks to safety, health and welfare that may be incurred at the place of work identified by the risk assessment under section 19, is made available to his or her employees. The Safety, Health and Welfare at Work Act 2005, Regulation 23 - 1. An employer may require an employee of a class or classes, as may be prescribed, to undergo an assessment by a registered medical practitioner, nominated by the em- ployer, of his or her fitness to perform work activities referred to in subsection (2) and the employee shall co-operate with such a medical assessment. 2. An employer shall ensure that employees undergo assessment by a registered medical practitioner of their fitness to perform work activities, as may be prescribed, which, when performed, give rise to serious risks to the safety, health and welfare of persons at work. 3. Where, following an assessment under subsection (1), a registered medical prac- titioner is of the opinion that an employee is unfit to perform work activities referred to in subsection (2), he or she shall notify the employer, by the quickest practicable means, of that opinion and the likelihood of early resumption of work for rehabilitative purposes and shall inform the employee accordingly, giving the reasons for that opinion. 4. If an employee referred to in subsection (1) becomes aware that he or she is suffering from any disease or physical or mental im- pairment which, should he or she perform a work activity referred to in subsection (2), would be likely to cause him or her to expose himself or herself or another person to danger or risk of danger, he or she shall immediately notify the employer concerned or a registered medical practitioner nom- inated by that employer who shall in turn notify the employer. The Safety, Health and Welfare at Work Act 2005, Regulation 8(l). An employer should where necessary, the ser- vices of a competent person (whether under a contract of employment or otherwise) for the purpose of ensuring, so far as is reasonably practicable, the safety, health and welfare at work of his or her employees. The Safety, Health and Welfare at Work Act 2005. Regulation 8(g) Employers have a duty to provide the infor- mation, instruction, training and supervision necessary to ensure, so far as is reasonably practicable, the safety, health, and welfare at work of his or her employees. ® 8
  10. 10. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Israel Regulations for the Organising of Labour Inspection (safety management plan) 2013, Article 5 Organization and Supervision of Work (Provid- ing Information and Employee Training), 1999 Labour Inspection (Organisation) Law, 5714- 1954, Article 10 Work Safety Ordinance (New Version) 5730 – 1970 Ministry of Industry Trade and Labor, Labor Laws, “Accidents and Occupational Diseases (Notification) Ordinance, 1945”, Labor Laws: Labour Inspection (Organisa- tion) Law, 5714-1954, Information and safety training Ministry of Environment, Hazardous Sub- stances, “Licensing of Businesses Regulations (Disposal of Hazardous Wastes), 1990” Labor Laws, Accidents and Occupational Dis- eases (Notification) Ordinance, 1945 Regulations on the Organisation of Labour In- spection Organization (provision of information and training to employees), 1999, Article 12 Work Safety Ordinance (New Version) 5730 – 1970, Reg 147 & 148 Accidents and Occupational Diseases (Notifica- tion) Ordinance, 1945, Article 3 Ministry of Industry Trade and Labor, Labor Laws, “Labour Inspection (Organisation) Law, 5714-1954” . Ministry of Environment, Hazardous Sub- stances, Hazardous Substances law, 1993 Ministry of Environment, Hazardous Sub- stances, Hazardous Substances Regulations (Classification and Exemption), 1996. Regulations of the Organization and Super- vision of Work (Providing Information and Employee Training), 1999. Italy Legislative Decree 81/2008 According to Art.18 and 35 of Leg.Decree 81/08, in companies employing more than 15 workers, the employer, either directly or through the risk prevention and protection service, must organise a meeting at least once a year. In the subject meeting the following figures must be present: 1. the employer or its representative; 2. the person responsible for risk prevetion and protection (RSPP); 3. the occupational doctor, if appointed; 4. the workers’ safety representative (RLS). The main topics are: review of the risk assess- ment document (DVR), medical surveillance results, training program, personal protective equipment, comments from the RLS. Legislative Decree 81/2008, Article 18 The Employer has to appoint an Occupational Doctor responsible for medical surveillance. Occupational doctor holds a labor medical specialism and has to be recorded in an official list to the Ministry of Health. The occupational doctor has the following main tasks: - provides support to the Employer in the pro- cess of risk analysis of the workplaces; - participates to the organization of the first aid service and the information and training programs; - set up the medical protocol and performs medical surveillance; - writes, updates and files the clinical and risk record for each worker and agrees with the employer the place where the clinical records are kept. - at the contract expiry, gives to workers all clinical documentation and inform them about its keeping. Legislative Decree 81/2008, Article 17, 31 and 32 The Employer has to appoint a Prevention & Protection Service Manager (PPSM) The PPSM (RSPP in Italian) is appointed by the Employer and he has the following tasks: - identifies risk factors, to assess the risks and evaluate corrective measures aimed to assure hygiene, health and safety at the workplaces; - sets up safety procedures to prevent risks, - suggests adequate information and training worker’s program. Legislative Decree 81/2008 H&S training of employees working in offices is mainly regulated by the Italian Legislative Decree 81/08. Art. 37 of law requires that that the employer provide to all employees a gener- al H&S training and H&S specific training based on the risk level of the activities conducted and evaluated in the Risk Assessment Document. The Risk Assessment aims to identify all risks that workers are exposed to, defines measures to minimize work related risks. In addition first aid and firefighting training have to be issued by external company based on the level of risk to an emergency team. In general, the following training is required: • General and Specific training for all the employees • Specific Training for Manager, Supervisor, RSPP, RLS, First Aid and Firefighting • Periodical fire drill, at least yearly ® 9
  11. 11. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Italy (continued) • The original clinical and risks report has to be kept by the employer for ten years; • informs workers and RLS about meaning of medical surveillance and, in case of exposi- tion to agent • with long term effects, inform them about the need of checkups after the end of the employment; • informs in a written form, during the periodic meeting, the Employer, the RSPP, and the RLS about: • anonymous results of medical surveillance, and informs them about the meaning of these results; • visits workplace at least once a year, or with a different periodicity if foreseen by the risk assessment document. All the H&S training require a periodical refresh. Netherlands The Working Conditions Act, Article 12 THe employer must instal a workers council if there are more then 50 employees. The Working Conditions Act, Article 5 Risk assessment of the work environment and work activities “RI&E”. Resulting the RI&E an action plan should be made indicating the measures to be taken in conjunction with the relevant risks and the relation ship between them and a time frame. THe information re- sulting the RI&E including the action plan must be available to employees in the workplace. The Working Conditions Act, Article 14 All employees must have acces to an (inde- pendent) occopational doctor or occupational service. E The Working Conditions Act, Article 18 Employers also shall give the employee the oppertunity to undergo health examinations at regular intervals. The Working Conditions Act, Article 13 The employer must seek the assistance of one or more expert employees “Prevention Workers” in connection with his compliance with obligations under the Act. If such experts are not present internally the employer must use external experts. Working Conditions Act, Article 8 There is no specific requirement to provide H&S training, but the employer must properly inform its employees on working activities, risks and preventive measures to be taken to ensure employees health and safety at work. They also need to inform employees on which person are appointed as health and safety ex- perts. Eployees must be informed and involved in regards to the RI&E indentified risks. Working Conditions Act, Article 11 As an employee you should become acquaint- ed with the risks and appropriate prevention and protection measures that have been iden- tified for your office. As a employee you are required by the law to comply with trainings and instructions provided by your employer, which includes preventative and protective actions and safety requirements. The Working Conditions Act, Article 15 ERT staff shall have such traing to properly perform their tasks. ® 10
  12. 12. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Poland Labour code (consolidated text Dz.U. 1998 N° 21, item 94) One of the elementary duties of the employer as defined in Article 237(12) of the Labour Code, is to establish in the enterprise an occu- pational safety and health committee. Each employer, regardless of the kind of con- ducted activity, who employs more than 250 employees is obliged to establish an occupa- tional safety and health committee. The committee is an advisory and opinion giving organ to the employer. The committee consists of: the employer, a representative of employees, H&S Service member, the doctor responsible for the employee health care, as well as other people whose function in the enterprise is essentially related to occupational safety and health. Under Article 237(11a) the employer is obliged to consult with the employees or their repre- sentatives on any actions relating to occupa- tional safety and health. Regulation of the Minister of Health and Welfare of May 30, 1996 on the law governing the medical examination of workers, the scope of preventive health care for laboratories and medical certificates issued for the purposes set out in the Labor Code (Official Journal of Laws of 2016, item 2067). An employee cannot be admitted to work without a current medical certificate confirm- ing the lack of contraindications to work at a specific position. The Employer is responsible for the proper occupational medical health- care. Occupational medical examinations include: 1. preliminary examinations; 2. control examinations; 3. periodic examinations Medical examinations shall be conducted during working hours at the employer’s expense. Labour code (consolidated text Dz.U. 1998 N° 21, item 94), Chapter X, article 237(1) An employer who hires in excess of 100 em- ployees shall hire professional H&S Specialist part time. The employers with up to 100 em- ployees entrusts the performance of the duties of the health and safety for an employee who does other work. When the employer hires in excess of 600 eployees the Employer shall hire professional H&S Specialist full time. The persons responsible for H&S topcs shall have proper qualification. Ordinance of the Minister of Economy and Labor on Training in Regard to H&S at a work- place [Dz. U. 2004 No. 180, Item 1860). Art. 2.1. An employer provides to every em- ployee proper H&S Trainings. The training in the field of Occupational Safety and Health (OSH) is conducted as: • Preliminary training, • Periodic training. Preliminary training includes: • general preliminary training (general instruc- tion) – held by H&S Inspector, • Preliminary training at the workstation (post instruction) – held by a Manager. Periodic training aims at updating and consol- idating the knowledge in the field of OSH as well as familiarising the employees with recent regulations and technical and organisational solutions. ® 11
  13. 13. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Spain Act 31/1995 on Prevention of Occupational Risks, Article 35 Companies that have more than 6 employees must elect a “Prevention Delegate”. Such persons must receive appropriate training and resources to fulfill their duties. If the facility has more than 50 workers, Prevention Delegates must be appointed by and from among the personnel representatives in the numbers specified. Responsibilities are defined in Article 36. Act 31/1995 on Prevention of Occupational Risks, Article 38 & 39 A H&S committee must be formed in companies with more than 50 employees. The H&S Committee must take part in the drafting, implementation and assessment of the company’s risk prevention plans and programmes. The committee must receive appropriate training. Notes: Health and Safety Committees are the counterparts of facility management and professional par- ticipatory bodies for consultation on matters of facility risk prevention. The Committee is composed of Prevention Delegates and em- ployer representatives. The Committee meets quarterly. Act 31/1995 on Prevention of Occupational Risks, Article 22 The facility must conduct periodic medical surveillance exams to determine the health status of workers. Medical surveillance exams are based on the risk assessment and can only be conducted with the consent of the workers concerned or when specifically required by law and the results of all monitoring must remain confidential. Access to medical information is restricted to the concerned worker, medical personnel and health authorities. Royal Decree 39/1997 Regulations on Preven- tive Services, Articles 4-5, 8-9 and 10 - 11. A sufficiently qualified employee or external service to carry out preventive activities: • evaluation/assessment and support in accordance with the types of risks present at the facility, and specifically in relation to the following: • Design, establishment, and application of a plan for the prevention of work-related risks that allows for the integration of prevention activities within the facility; • Evaluation of risk factors which may affect worker health and safety (risk evaluation, preventive measures, reassessment and cor- rection of preventive measures; • Planning of prevention activities and deter- mination of priorities for adopting appro- priate preventive measures and monitoring their efficiency; • Provision of worker information and training; • Provision of first-aid and emergency plans; and • Monitoring of worker health with respect to work-related risks Roles, training needs and qualifications are established by Royal Decree 39/1997 (as amended through Royal Decree 298/2009 of 6 March 2009 and Royal Decree 337/2010 of 19 March 2010). Defines basic, intermediate and higher qualification requirement and functions (Art. 35-37 and Annexes IV-VI). Law 31 of 8 November 1995 for the Prevention of Work-Related Risks. According to Spanish regulations, training information must be based on the results of the risk assessments (level of risks) and must include the preventive measures selected. However, in some cases training requirements are specifically regulated as in the case of workers using Display Screens (see Annex I). In this case, Royal Decree 488/1997 of 14 April 1997, on Minimum Safety and Health-Relat- ed Requirements for Work with Equipment with Display Screens establishes that the facility must ensure that any workers using display screens are provided with training and information regarding the associated risks. In other cases, training is based on the results of hygienic measures as in the case of exposure to noise. Sweden Work Environment Act (SFS 1977:1160) The main responsibility for the working environment devolves on the employer who must take all measures needed to prevent the exposure of employees to the risk of ill-health or accidents at work. One or more safety representatives are to be appointed if there are at least five employees on site. If there are several safety representa- tives there should be a coordinator for them. Work Environment Act (SFS 1977:1160) Chapter 3. General obligations. 2 c § The employer must respond to the fact that the occupational health care required by the working conditions is available. Systematic Work Environment Management( AFS 2001:1) Occupational health services Section 12 When competence within the employer’s own activity is insufficient for systematic work envi- ronment management or for work relating to job adaption and rehabilitation, the employer shall engage occupational health services or corresponding expert assistance from outside. Work environmental act (SFS 1977:1160), Chapter 3, 3§ General obligations The employer must ensure that the employee gets a sound knowledge of the conditions in which work is conducted and that he is informed of the hazards which the work may entail. The employer shall make sure that the employee has received the training necessary and that he knows what measures shall be taken to avoid risks at work. ® 12
  14. 14. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Sweden (continued) Safety representatives should participate in the planning of the new premises, work methods, use of hazardous substances, etc. A safety representative is entitled to require the employer to take the investigation, action or equivalent, even if it is directed at improving the working environment for outside labor. A safety officer also has the right under certain circumstances to suspend work even if it affects temporary workers. Occupational health care refers to an inde- pendent expert resource in the areas of work environment and rehabilitation. The occupa- tional health services shall work in particular to prevent and eliminate health risks at work- places and have the competence to identify and describe the relationships between the work environment, organization, productivity and health. When occupational health service or corre- sponding expert assistance are engaged, they shall be sufficient in scope and shall have suffi- cient competence and resources for this work. In addition, the stipulations in Appendix 2 shall be fulfilled. Systematic work environment management (AFS 2001:1), Task allocation and knowledge 6 § - The employer shall ensure that persons tasked with working for the prevention of risks at work and the achievement of a satisfactory working environment have sufficient knowl- edge of: • rules with significance for the working environment, • physical, psychological and social conditions implying risks of accidents and illness, • measures to prevent illness and accidents, and • working conditions which contributes to a satisfactory working environment. • 7§ - The employer must ensure that the employees’ knowledge of the work and re- lated risks is sufficient to prevent illness and accidents to achieve a satisfactory working environment. Act on protection against accidents (SFS 2003:778), Chapter 2, 2§ General obligations The owner or user of buildings shall main- tain equipment for fighting fire and other accidents, and take the necessary measures (technical and organizational) to prevent fires and limit the damage caused by fire. The Environmental Code (SFS 1998:808 ), Chapter 2, 2§ General rules of consideration Anyone who carries out or plans to carry out an activity or take a measure must acquire the knowledge needed to protection human health and the environment. ® 13
  15. 15. Country Critical H&S Obligations Safety Councils or Committees Occupational Doctors H&S Certified Professionals/Managers H&S Training Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers Regulation Name Brief Summary Regulatory Triggers United Kingdom Health and Safety (Consultation with Employ- ees) Regulations 1996 Regulation 3 Employers must consult on health and safety matters with the workforce. The Safety Representatives and Safety Commit- tees Regulations 1977 Regulation 9 If two or more union-appointed health and safety representatives request in writing that you set up a health and safety committee, you must do so within three months of the re- quest. Although there is no such requirement if you consult health and safety representatives elected by the workforce, it is good practice to set up a health and safety committee where: • you have several health and safety repre- sentatives elected by employees; or • you have to consult both union-appointed health and safety representatives and em- ployee-elected representatives. The Health and Safety (Display Screen Equip- ment) Regulations 1992, Reg 5 Provision of eye tests and payment for glasses necessary for screen work Management of Health & Safety at Work Regu- lations 1999, Regulation 6 Undertake any health surveillance as deter- mined by the risk assessment and taking into account hazards posed including exposure to hazardous materials, noise, vibration, ionising radiation, artificial optical radiation and asbestos (these are all covered by additional regulations) The Management of Health and Safety at Work Regulations 1999, Reg 7 Every employer shall appoint one or more competent persons to assist him in undertak- ing the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions. Training is required to be addressed within the risk assessment for work activities and the Management of Health and Safety at Work Reg- ulations 1999 cover how this is implemented, as described below. Capabilities and training, Regulation 13 (1) Every employer shall, in entrusting tasks to his employees, takes into account their capabili- ties as regards health and safety. (2) Every employer shall ensure that his em- ployees are provided with adequate health and safety training (a) on their being recruited into the employer’s undertaking; and (b) on their being exposed to new or increased risks because of (i) their being transferred or given a change of responsibilities within the employer’s under- taking, (ii) the introduction of new work equipment into or a change respecting work equipment al- ready in use within the employer’s undertaking, (iii) the introduction of new technology into the employer’s undertaking, or. (iv) the introduction of a new system of work into or a change respecting a system of work al- ready in use within the employer’s undertaking. (3) The training referred to in paragraph (2) shall (a) be repeated periodically where appropriate; (b) be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and. (c) take place during working hours. Training can be incorporated into the risk assessment process and communication of that information. Topics that are not noted may be required depending on the site-specific risk assessment which would potentially require training. Additional specific H&S training may be carried out including First Aid (The Health and Safety (First-Aid) Regulations 1981) and Fire Warden (Regulatory Reform Fire Safety Order 2005) ® 14

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