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Ex-post evaluation on 24 EU OSH Directives – state of play
1. Ex-post evaluation on
24 EU OSH Directives – state
of play
Jesús Alvarez Hidalgo
Unit EMPL B3- Health, Safety and Hygiene at Work
2. • New five-yearly exercise under the OSH
Framework Directive 89/391/EEC.
• First exercise covering period 2007 to 2012.
• Evaluation of 24 EU Directives on health and
safety at work according to relevance,
effectiveness, coherence.
• The Commission will inform EP, Council, EESC,
ACSH of the results of the evaluation and of
initiatives to improve the operation of the
regulatory framework.
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3. The ex-post evaluation fits in the on-going EU
Regulatory Fitness and Performance Programme
(REFIT) aiming to ensure that the EU regulatory
framework is relevant, coherent, effective and
efficient and that EU legislation remains fit for
purpose. It contains elements of a fitness check
HOWEVER
it goes beyond.
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4. Ex-post evaluation is being conducted further to a
legal obligation stated in Article 17 a of Directive
89/391/EEC:
"The Commission will evaluate the implementation
of the 24 EU OSH Directives in terms of their
relevance, of research and of new scientific
knowledge in the various fields in question."
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5. 24 EU Directives concerned (1)
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Directive 89/391/EEC on the introduction of measures to encourage
improvements in the safety and health of workers at work (Framework
Directive)
- Workplaces Directive (89/654/EEC);
-Work equipment Directive (2009/104/EC);
- Personal protective equipment Directive (89/656/EEC);
- Manual handling of loads Directive (90/269/EEC);
- Display screen equipment Directive (90/270/EEC);
- Chemical agents Directive (98/24/EC);
- Carcinogens and mutagens Directive (2004/37/EC);
- Asbestos Directive (2009/148/EC);
- Biological agents Directive (2000/54/EC);
- Construction sites Directive (92/57/EEC);
6. 24 EU Directives concerned (2)
- Safety and/or health signs at work Directive (92/58/EEC);
- Pregnant workers Directive (92/85/EEC);
- Mineral-extracting industries through drilling Directive (92/91/EEC);
- Surface and underground mineral-extracting industries Directive (92/104/EEC);
- Fishing vessels Directive (93/103/EC);
- Medical treatment on board vessels Directive (92/29/EEC);
- Explosive atmospheres Directive (1999/92/EC);
- Physical agents (vibration) Directive (2002/44/EC);
- Physical agents (noise) Directive (2003/10/EC);
- Physical agents (electromagnetic fields) Directive (2004/40/EC);
- Physical agents (artificial optical radiation) Directive (2006/25/EC);
- Fixed-duration employment relationship or a temporary employment
relationship Directive (91/383/EEC);
- Young workers Directive (94/33/EC);
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7. Ex-post evaluation – main elements
for final Commission report
• National implementation reports – were due end
2013 – Commission Decision C(2011) 9200
defines the structure and questionnaire to be
followed by Member States (including social partners
views)
• Independent study by an external consortium
(COWI (lead), Milieu Ltd and IOM Consulting Ltd)
– due June 2015
• Commission's own experience with Directives
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8. Ex-post evaluation – main tasks
Task 1 : Mapping of the practical implementation.
Task 2: Evaluation according to the criteria of
relevance, effectiveness and coherence.
Task 3 : Recommendations.
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9. Ex-post evaluation – large
involvement of stakeholders
• Advisory Committee for Safety and Health at
Work (ACSH) Working Party on Evaluation of OSH
Directives.
• Inter-Service Steering Group (ISSG) with
representatives from Commission DGs, European
Agency for Safety and Health at Work (EU-OSHA)
and European Agency for Improvement of Living
and Working Conditions (Eurofound).
All deliverables of the study are discussed in detail
within ACSH and ISSG. 9
10. Ex-post evaluation study – Next
steps
• 3rd interim report received December 2014.
• Validation seminar 8 December 2014.
• Draft final report recieved 3 March 2015.
• Final report expected June 2015.
• Opinion ACSH September 2015
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