# EUR-Lex - 52014DC0332 - EN

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# 52014DC0332

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on an EU Strategic Framework on Health and Safety at Work 2014-2020 /* COM/2014/0332 final */**

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE
COMMITTEE OF THE REGIONS

on an
EU Strategic Framework on Health and Safety at Work 2014-2020

1. 
Introduction — Setting the scene

Ensuring a safe
and healthy work environment for over 217 million workers in the EU is a
strategic goal for the European Commission, working closely with Member States, social partners, and the other EU institutions and bodies. As risks to
workers’ health and safety are broadly similar across the EU, there is a clear
role for the Union in helping Member States to address such risks more
efficiently and in ensuring a level playing‑field throughout the EU. This
role is explicitly recognised in the Treaty[1], which
gives the Union shared competence to encourage cooperation between Member
States and to adopt directives setting minimum requirements to improve the
working environment in order to protect workers’ health and safety.

EU action on
occupational safety and health (OSH) has been pursued over the years within a
strategic policy framework that includes two key components:

a comprehensive body of EU
  legislation covering the most significant occupational risks and providing
  common definitions, structures and rules that are adapted by Member States
  to their different national circumstances; and
 a series of multiannual action
  programmes between 1978 and 2002, followed by European strategies (covering
  2002-06 and 2007-12), to identify priorities and common objectives,
  provide a framework for coordinating national policies and promote a
  holistic culture of prevention. As a result of the 2007-12 strategy, 27
  Member States have put in place national strategies.

Risk prevention
and the promotion of safer and healthier conditions in the workplace are key
not just to improving job quality and working conditions, but also to promoting
competitiveness. Keeping workers healthy has a direct and measurable positive
impact on productivity, and contributes to improving the sustainability of
social security systems. Preventing workers from suffering serious accidents or
occupational diseases and promoting workers’ health throughout their working
life, from their first job onwards, is key to allowing them to work for longer.
This therefore contributes to addressing the long-term effects of demographic
ageing, in line with the Europe 2020 strategy’s objectives for smart,
sustainable and inclusive growth[2]. In
particular, Employment Guideline 7 emphasised promoting job quality. The
Employment Package[3]
emphasised that improving working conditions has a positive impact on
productivity and competitiveness.

Investment in OSH contributes to the well-being of workers and is cost-effective. According to recent
estimates, investments in this area can produce high ratios of return, averaging
2.2[4], and
in a range between 1.29 and 2.89[5].

The results of
the evaluation of the 2007-12 OSH strategy[6]
confirm the value of an EU strategic framework for policy action in the field
of OSH and show strong stakeholder support for a continuing EU-level strategic
approach. The evaluation highlights the need to review objectives, priorities
and working methods to adapt the EU policy framework to changing patterns of
work, and new and emerging risks.

In 2013, the
Commission launched an online public consultation[7] to
seek stakeholder views on the implementation of the previous OSH strategy and
on the way forward. The more than 500 replies confirmed the need to continue
with EU-level coordination in this area and useful suggestions were made on the
content of a new strategic framework. A large majority of respondents considered
that more should be done to reduce administrative burden and compliance costs
for small and medium-sized enterprises (SMEs). The majority of respondents also
indicated that these objectives should be pursued while maintaining a
high level
of compliance with OSH principles, regardless of the size of the company.

In proposing a strategic
framework on health and safety at work for 2014-20, the Commission took due
account of several contributions, all in favour of launching a strategic policy
initiative, in particular those received from the European Parliament[8], the
Advisory Committee on Safety and Health (ACSH)[9], and
the Senior Labour Inspectorate Committee (SLIC)[10].

To complete the
consultation process, the Commission organised a conference on "working
conditions"[11]
gathering the main stakeholders to discuss the key challenges and priorities for
the improvement of health and safety in the workplace.

The
implementation of this strategic framework will run in parallel with the ex
post evaluation of EU OSH legislation, which is expected to produce
conclusions by the end of 2015. This evaluation, which is required by Framework
Directive 89/391/EEC and is included in the Commission’s regulatory fitness and
performance programme (REFIT)[12],
will strengthen the evidence base for possible new initiatives in the future.
For this reason, and given the crucial importance of this exercise, the current
strategic framework will be reviewed in 2016 to take full account of the
results of the evaluation and the review of the Europe 2020 strategy.

This
communication sets out key strategic objectives and a range of actions for promoting
workers’ health and safety (part 4), based on an identification of the
outstanding problems (part 2) and major challenges (part 3).

2. 
Stocktaking — Progress and outstanding problems in health
and safety at work

The improvements
achieved in the EU’s performance on OSH over the last 25 years can be
attributed to a large extent to the comprehensive legislation and policy
actions launched and implemented by the Union, Member States and stakeholders
such as social partners.

Most of the
legislative and non-legislative initiatives set out in the 2007‑2012 EU
OSH Strategy were delivered.

The EU OSH Strategy
provided a common framework for coordination and a common sense of direction. 27
Member States now have a national OSH strategy, adapted to the national context
and key priority areas. A reduction of 27.9 % in the incidence rate of
accidents leading to absences of more than three days was achieved in the EU
between 2007 and 2011[13]. The
awareness-raising initiatives carried out at EU and national levels have
contributed to strengthening a culture of risk prevention.

According to a recent
Eurobarometer survey[14],
a large majority of workers express satisfaction with workplace health and
safety in their current job (85%) and over three quarters (77%) say that OSH information and/or training is available in their workplace.

The evaluation
of the 2007-12 OSH strategy confirmed that the implementation
of the EU
Strategy was
effective overall and that its main objectives were achieved. The EU Strategy
helped improve
the implementation of OSH legislation and clarify EU rules.
However, implementation continues to be a challenge, in particular for SMEs, who
have difficulties in complying with some regulatory requirements. In addition, there
were gaps, particularly in terms of the impact on individual companies at local
level, especially SMEs. While government authorities actively participated in
implementing the Strategy, it was more difficult to develop a sense of
ownership in other EU partners, especially national social partners. Statistical
data collection and the development of monitoring tools were insufficient. In
particular, the evaluation of the 2007-12 Strategy highlights the need to more
effectively address the impact of specific preventive actions on individual
companies (especially SMEs), the interaction of OSH with the environment and
chemicals, and the effective prevention of occupational and work-related diseases.

Despite the
significant reduction in accidents and better prevention, health and safety at
work in the EU still needs further improvement.

· 
Every
year more than 4 000 workers die due to accidents at work and more than three
million workers are victims of a serious accident at work leading to an absence
from work of more than three days[15].

· 
24.2 %
of workers consider that their health and safety is at risk because of their
work, and 25 % declared that work had a mainly negative effect on their
health[16].

· 
In
addition to human suffering, the costs due to work-related sick leave are
unacceptably high. In Germany, 460 million days’ sick‑leave per year
resulted in an estimated loss of productivity of 3.1 % of GDP[17].

· 
Costs
for social security attributable to sickness or accidents are also unacceptably
high. In the 2010/11 fiscal year, the net cost to government in the UK alone was estimated at £ 2 381 million[18].

In
order to further improve workers' health and safety as requested by the Treaty (Articles
153 and 156), the Commission should take sustained policy action in cooperation
with the Member States. The economic and social benefits of public policy on health
and safety at work are well documented in terms of positive impact on growth
and higher productivity, reduction of accidents, and lower incidence of serious
illnesses. However, when taking action, due account should be taken of the
costs to companies.

3. 
What are the main challenges?

The stocktake in
the previous section shows key challenges that are common across the Union and require further policy action.

· 
First
challenge: Improving the implementation record of Member States, in particular
by enhancing the capacity of micro and small enterprises to put in place
effective and efficient risk prevention measures

There
are different approaches to practical implementation of OSH legislation across
the Member States. This is particularly relevant as regards the degree to which
requirements are met in private companies and public‑sector bodies,
across different sectors of economic activity and across different sizes of
companies.

In most cases,
the scope and effectiveness of OSH management remains a particular challenge
for micro and small enterprises. Smaller establishments still tend to show
lower levels of compliance with national and EU rules, and report fewer OSH management measures as compared with large establishments[19].

The causes of
this are multiple and range from inherent difficulty in respecting regulatory
and administrative provisions, often due to a lack of directly available
expertise, to a lack of awareness of obligations, absence of guidance or
deficient enforcement. Compliance costs are also higher for SMEs in relative
terms.

In the 2007-12 Strategy,
the Commission and the European Agency for Safety and Health at Work (EU-OSHA)
developed practical guides and materials on good practice to support
implementation of OSH measures in SMEs. The online interactive risk assessment
tool (OiRA)[20]
developed by EU-OSHA is a major contribution to facilitating SMEs’ compliance
with OSH requirements. However, a more concentrated effort is needed at
EU and national level. Policy‑makers should consider the particular
circumstances and limitations of micro and small enterprises when setting out and
putting in place OSH regulatory measures. Policy‑makers cannot assume
that the obligations arising from OSH rules will be implemented equally by, or have
the same relative costs to, large and small enterprises.

Simpler, more
efficient solutions need to be put in place to take into account the situation
of micro and small enterprises, and therefore ensure effective protection of workers’
health and safety in all workplaces regardless of size. This requires simplifying
legislation where appropriate, and providing tailored guidance and support to
micro and small enterprises to facilitate risk assessment.

· 
Second
challenge: Improving the prevention of work-related diseases by tackling existing,
new and emerging risks

Occupational
ill-health, including diseases caused or aggravated by adverse working
conditions, puts a heavy burden on workers, companies and social security
systems[21].

The most recent International
Labour Organisation (ILO) estimates available[22]
indicate a total number of 159 500 fatal work-related diseases in 2008 for
the EU‑27, of which cancer was the leading cause of death (95 500 cases).
It is estimated that between 4 % and 8.5 % of the
total number of cancers is attributable to occupational exposure. Fatalities associated with chemical
substances accounted for almost half of all work-related deaths.

Major efforts
were made to prevent occupational diseases and new or emerging risks. EU
legislation was put in place to regulate chemicals, with the aim of ensuring a
high level of protection for human health and the environment (REACH[23] and
CLP[24]),
as well as addressing exposure to electromagnetic fields. At the same time,
non-legislative action was taken, including dissemination of information,
exchange of good practice and the launch of bi-annual pan-European
awareness-raising campaigns by EU OSHA[25]. Given
the seriousness of the challenge, occupational cancers, diseases caused by
asbestos, lung diseases, skin diseases, asthma and other chronic conditions
need continued specific attention.

While many new
technologies and innovations in work organisation have substantially improved
well-being at work and working conditions, effective prevention of work-related
diseases requires anticipating potential negative effects of new technologies
on workers’ health and safety. The industrial application of new technologies
leads to new products and processes, which need to be sufficiently tested and checked
in order to ensure that they are safe and do not represent major hazards for
consumers and workers. Nanomaterials are one example, as they may possess
unique properties which may require new toxicity testing methods and risk
prediction tools from the product development phase onwards, to properly
consider safety aspects. Other emerging risks linked to the development of biotechnologies
and green technologies need to be addressed too.

Changes in work
organisation brought about by information technology developments, in
particular those that allow for constant connectivity, open up enormous
possibilities for flexible and interactive work processes. There is also increasing
workforce diversity, as reflected in new atypical contractual arrangements and
work patterns, and a higher job turnover associated with shorter job
assignments, especially for younger workers. However, according to a recent
Eurobarometer survey, workers consider stress to be one of the main
occupational risks (53%), followed by ergonomic risks (repetitive movements or
tiring or painful positions (28%)) and lifting carrying or moving loads on a
daily basis (24%). Specific attention should be given to addressing the impact of
changes in work organisation in terms of physical and mental health. In
particular, women can face specific risks, such as musculoskeletal disorders or
specific types of cancer, as a result of the nature of some jobs where they are
over‑represented[26].

· 
Third
challenge: Tackling demographic change

The EU
population is becoming older, with the number of people aged 60 and over in the
EU increasing by more than two million every year. The working population is
also ageing, as the proportion of older workers in employment increases relative
to that of younger workers. According to Eurostat population projections
(Europop 2010), the working population aged between 55 and 64 in the EU-27 is
expected to increase by about 16 % between 2010 and 2030.

The Commission’s
White Paper on pensions calls for an extension of working life in order to
maintain adequate and sustainable pension systems. This will require appropriate
working conditions[27].

Sound health and
safety for workers is necessary for a sustainable working life and active and
healthy ageing, especially in light of the ageing working population and the
extension of working life. This requires the creation of a safe and healthy
environment, throughout the working life of an increasingly diversified
workforce. The promotion of a culture of prevention is essential to achieving
this.

Successfully
prolonging working careers depends strongly on appropriate adaptation of
workplaces and work organisation, including working time, workplace
accessibility and workplace interventions targeted at older workers. Life time
employability should also be developed to cope with workers’ changing
capabilities because of ageing. Innovative ICT products and services (e.g. for
ambient assisted 'working') offer a wide gamut of options for improvement of
employability. In addition, reintegration and rehabilitation measures allowing
for early return to work after an accident or disease are needed to avoid the permanent
exclusion of workers from the labour market.

4. 
Key strategic objectives

In order to
respond in a holistic, cross-thematic way to the three challenges identified in
section 3, the Commission proposes a range of actions to be implemented or
developed in close collaboration with Member States, social partners and other
stakeholders, grouped under seven key strategic objectives. The extent to which
these objectives are met and progress in delivering the action plan will be the
subject of systematic monitoring and evaluation, and will be taken into account
as part of the evaluation of OSH legislation.

4.1. 
Further
consolidate national strategies

The coordinating
role of the EU is widely recognised and seen as a credible reference. The
evaluation of the 2007-12 EU OSH Strategy showed that 27 Member States have put
in place national OSH strategies in line with the EU Strategy.

A summary
analysis of national strategies shows that they generally reflect the
priorities set out in the EU Strategy, while adapting them to the relevant national
context. In most Member States, stakeholders at national level emphasised the
role of the EU OSH Strategy in putting OSH high on the national political
agenda and influencing national decision-making processes in this area. However,
there is scope for a stronger and more systematic EU role in supporting the
implementation of national strategies, through policy coordination, mutual
learning and the use of EU funding. Member States are invited to consider reviewing
their national strategies in light of the new EU-OSH strategic framework, in
close consultation with relevant stakeholders, including social partners.

Actions as from
2014:

· 
review
national OSH strategies in light of the new EU strategic framework ® Member States,
in consultation with relevant stakeholders, including social partners;

· 
establish
a database covering all national OSH strategy frameworks ® Commission in
cooperation with EU-OSHA; and

· 
nominate
contact points for national strategies (Member States) which will meet
regularly to map and exchange good practice ® Commission, EU-OSHA, ACSH and SLIC.

4.2. 
Facilitate
compliance with OSH legislation, particularly by micro and small enterprises

SMEs
have more difficulties in complying with the regulatory requirements in this
area. Therefore, improving quality of guidance and providing
practical tools to facilitate compliance with OSH legislation are crucial. The
needs of micro and small enterprises will be taken into account in implementing
actions at EU and national level, including appropriate adaptation of tools
such as the OiRA tool.

Actions
as from 2014:

· 
provide
financial and technical support on implementing OIRA and other IT-based tools
in Member States, focusing on priority sectors ® Member States, with support from the
European Social Fund (ESF) and EU-OSHA;

· 
develop
guidance and identify examples of good practice, taking the specific nature and
conditions of SMEs and particularly micro-enterprises into account ® Commission and
EU-OSHA;

· 
promote
the exchange of good practice, whereby SMEs will be supported by larger
enterprises in the contractor-supplier-purchaser chain in order to improve OSH ® Commission, in
collaboration with Member States and the ACSH; and

· 
continue
with awareness raising campaigns ® Commission, in collaboration with
  Member States and EU‑OSHA.

4.3. 
Better
enforcement of OSH legislation by Member States

A visit from a labour
inspector is often the first time companies and workers become aware of OSH regulations. This suggests gaps in awareness that need to be addressed in a systematic
way. It is critical that labour inspectors are seen as facilitating compliance
with legislation rather than obstacles to business activity.

Labour inspectorates
also perform a key role in identifying and deterring undeclared work. That is
why inspections, though always compliance-focused, should be supportive and
well-targeted to specific risks. There are around 20 000 labour inspectors
in the EU — approximately one inspector per 9 000 workers covered by relevant
national labour inspectorates[28].
They carry out around 1 500 000 inspections per year[29].

The
effectiveness of labour inspections depends largely on the expertise of labour
inspectors and their capacity to carry out these inspections. OSH training for
labour inspectors, particularly on emerging risks and new technologies, is
needed to properly perform risk-based inspections.

Given budgetary
constraints, EU funding programmes (including the ESF) could be better used in
order to provide labour inspectorates with the necessary resources. Exchange of
good practice between labour inspectorates at EU level has been, and should
continue to be, an instrument to improve their efficiency.

Actions as from
2014:

· 
map
the resources of labour inspectorates and evaluate their capacity to carry out their
main duties on enforcing OSH legislation ® Senior Labour Inspectors Committee
(SLIC);

· 
evaluate
the programme of exchange/training of labour inspectors and examine ways to
enhance the current tools for cooperation within the SLIC, taking into account
new OSH challenges ®
Commission, in collaboration with the SLIC; and

· 
assess
the effectiveness of sanctions and administrative fines imposed by Member States, as well as other measures of ‘soft enforcement’ and non-traditional ways of
monitoring compliance ®
Commission, in collaboration with Member States through the SLIC and the ACSH.

4.4. 
Simplify
existing legislation

In line with the
objectives of the REFIT programme[30], a continuous
joint effort by the Commission, other EU institutions and Member States is required to simplify EU legislation and eliminate unnecessary administrative burden. In
the coming years, key concerns will be assessing whether existing OSH legislation is fit for purpose, examining how to improve its implementation, and ensuring
better, effective and equivalent compliance across Member States and
enterprises.

In
accordance with Directive 89/391/EEC, the Commission is engaged in a
comprehensive evaluation of the whole body of OSH legislation[31]. As
part of this exercise, the Member States recently submitted to the Commission their
national reports on the implementation of 24 OSH Directives. The Commission is
currently analysing the national implementation reports which will feed into
the evaluation.

The
evaluation will pay particular attention to identifying possible simplifications
and/or reductions in administrative burden, particularly for micro and small
enterprises, while preserving a high level of protection for workers’ health
and safety. This process is relevant not just to EU law but also to national
legal and administrative provisions that transpose EU law. Member States are
therefore encouraged to carry out a similar exercise in parallel. The evaluation
results, which will be available in 2015, will be taken into account as part of
the 2016 review of the Strategic Framework.

Actions as from
2014:

· 
identify
possible simplifications and/or reductions of unnecessary burden as part of the
evaluation of the OSH legislation, and promote a public debate with all
stakeholders®
Commission and ACHS;

· 
encourage
Member States to identify sources of specific regulatory burden created by
their own transposing legislation on OSH and national legislation, and analyse national
implementation reports to identify good practice and to promote exchange of
information ®Member
States in collaboration with Commission; and

· 
assess
the situation of micro-enterprises in low-risk sectors and consider how to
simplify the implementation of risk assessment, including documentation ® Commission.

4.5. 
Address
the ageing of the workforce, emerging new risks, prevention of work‑related
and occupational diseases

Changing
technologies, new products and the marketing of new chemicals make it necessary
to gather and evaluate sound scientific evidence, to identify how emerging new
risks can best be addressed. The EU institutions, particularly the Commission,
should mobilise the highest quality expertise available to work on this.

In addition,
risks affecting particular age groups, disabled workers and women deserve
particular attention and require targeted action. The pilot project on OSH for older workers will identify ways to promote the physical and psychological health
of older workers. It will also provide examples of good practice and facilitate
the exchange of information[32]. The
Joint Programme for Ambient Assisted Living contributes to addressing the
challenge of an ageing workforce.

The assessment
of new emerging risks, based on scientific evidence, and dissemination of the
results will be crucial parts of the ex post evaluation of current OSH legislation.

Actions as from
2014:

· 
establish
a network of OSH professionals and scientists and ascertain the need to set up
an independent scientific consultation body that would channel their
recommendations into the work of the Commission à Commission;

· 
support
the dissemination of the findings of the European Risk Observatory among the
relevant actors ®
Commission in cooperation with EU-OSHA;

· 
promote
the identification and exchange of good practice on ways to improve OSH
conditions for specific categories of workers, e.g. older workers, inexperienced
younger workers (including those employed in different forms of temporary
contracts), apprenticeships, workers with disabilities and women ® EU-OSHA;

· 
promote
rehabilitation and reintegration measures by implementing the results of the European
Parliament pilot project on older workers and of the Healthy Workplaces
Campaign in 2016‑17 ®
Commission in cooperation with EU-OSHA; and

· 
identify
and disseminate good practice on preventing mental health problems at work ® EU-OSHA.

4.6. 
Improve
statistical data collection and develop the information base

It is important
for evidence-based policy making to collect reliable, timely and comparable
statistical data on work‑related accidents and diseases, occupational
exposures, work-related ill‑health, and to analyse the costs and benefits
in the area of OSH. As regards accidents at work, Commission Regulation (EU) No 349/2011[33] established
an annual data collection starting in 2013. However, challenges remain concerning
data on occupational exposures and work-related ill-health. It is therefore
still difficult to compare OSH performance across Member States and draw
evidence-based policy conclusions from such comparisons. The situation is
especially complex as regards occupational and work-related diseases.

National and EU statistics
experts should therefore work together and intensify efforts to improve data
collection and develop common approaches in order to identify and measure the
risks to workers' health, while taking due account of the corresponding administrative
costs for businesses and national administrations.

Actions as from
2014:

· 
assess
the quality of data on accidents at work transmitted by Member States in the
framework of the European Statistics on Accidents at Work (ESAW) data
collection, with the aim of improving coverage, reliability, comparability and
timeliness ®
Commission and national competent authorities;

· 
by
the end of 2016, examine different options to improve the availability and
comparability of data on occupational diseases at EU level and assess the
feasibility of a simplified data transmission ® Commission and national competent
authorities;

· 
launch
discussions within the ACSH, with advice from national experts, with a view to making
recommendations on creating a common database on occupational exposures ® Commission,
ACSH and national experts;

· 
before
2016, examine options to improve information on costs and benefits in the area
of OSH; and

· 
before
2016, develop a tool to monitor the implementation of the EU strategic
framework 2014-2020, including policy and performance indicators, building on
the 2009 strategy scoreboard ®
Commission and ACSH.

4.7. 
Better
coordinate EU and international efforts to address OSH and engage with
international organisations

In a globalised
economy, it is in the EU’s interest to raise labour standards and improve their
effective global application by taking multilateral action in cooperation with
the competent international bodies, and bilateral action in EU relations with
third countries. It must also support the candidate countries and potential
candidate countries in bringing their structural capacity and legislation into
line with the requirements of EU law.

The benchmarking
role of EU OSH policy is largely recognised by international partners and
observers. This has been reflected in the rapid expansion of bilateral
cooperation in recent years, not just with traditional partners from developed
economies such as the United States, but also and especially with new partners
from emerging economies such as China and India.

The Commission can
meaningfully contribute to reducing work accidents and occupational diseases worldwide.
Building upon ongoing cooperation efforts, a joint effort is needed by the EU,
together with the ILO, in particular, and other specialised organisations such
as the World Health Organisation (WHO) and the Organisation for Economic
Cooperation and Development (OECD), to achieve better results within and especially
outside the EU. Improved operational cooperation is needed to ensure
a consistent and coherent approach, and to better exploit synergies at EU and
international level.

Actions as
from 2014:

· 
continue
to support candidate countries during accession negotiations on chapter 19 and
potential candidate countries benefiting from a Stabilisation and Association
Agreement in their efforts to align their OSH legislation with EU law ® Commission;

· 
strengthen
  OSH cooperation, in particular with the ILO, but also the WHO and the OECD ® Commission;

· 
launch
a review of the Memorandum of Understanding with the ILO to better reflect OSH policy ® Commission;

· 
contribute
to implementing the sustainable development chapter of EU free‑trade and
investment agreements regarding OSH and working conditions ® Commission;

· 
address,
notably jointly with the ILO, OSH deficits in the global supply chain and
contribute to G20 initiatives on safer workplaces in this regard ® Commission; and

· 
strengthen
ongoing cooperation and dialogue on OSH with strategic partners à Commission.

5. 
EU instruments

5.1. 
Legislation

Legislation has
proven its value in providing the EU with a common body of definitions,
standards, methods and preventive tools in the area of OSH. An EU-wide OSH legislative framework is crucial to ensuring a high level of protection for workers
and to creating a level playing‑field for all companies regardless of
their size, location or sector of activity. Evidence shows that fulfilling
legal obligations and enforcement measures taken by controlling bodies,
including labour inspectorates, remain key drivers for OSH management in a
majority of establishments[34].

However, given
the variety of situations on the ground in terms of company size and diversity
of the workforce, and the need to design targeted and effective policy
measures, non‑legislative tools should also be used to make a difference
on the ground. These include benchmarking, identifying and exchanging good
practices, awareness‑raising, setting voluntary norms and user-friendly
IT tools.

The Commission
will continue to monitor Member States’ implementation of OSH legislation, in
order to ensure appropriate compliance. The results of the ongoing evaluation
of EU OSH legislation will help to shape future Commission initiatives.

5.2. 
EU
funds

Currently, 13 EU
Member States use the European Social Fund (ESF) to improve their national OSH policies. Member States are encouraged to use the ESF and other European Structural
and Investment Funds (ESIF) to finance actions relating to OSH. For the 2014‑20
programming period, ESF funding will be available to support actions aiming inter
alia to promote sustainable, quality employment and social inclusion
through, in particular:

- 
The
investment priority on "adaptation of workers, enterprises and
entrepreneurs to change" by designing and implementing innovative and more
productive ways of work organisation, including health and safety at work,
training, education programmes, mainstreaming of good practices, etc.

- 
Prolonging
healthier working lives through the development and implementation of measures
to promote a healthy environment and mental well-being at work. This may be
addressed through the investment priority on "active and healthy
ageing".

- 
Supporting
the recruitment and return to work of people with a chronic or rare disease,
disability or mental health disorder through integrated pathways combining
various forms of employability measures such as individualised support,
counselling, guidance, access to general and vocational education and training,
as well as access to services, notably health and social services.

- 
Developing
and implementing measures to promote healthy lifestyles and tackle health
determinants of occupational/environmental causes (e.g. exposure to toxic
substances, environmental tobacco smoke) which are linked to diseases including
cancer.

- 
Supporting
awareness–raising/training activities targeting labour inspectors, in order to
improve knowledge/skills and administrative capacity in dealing with issues
relating to health and safety at work.

- 
Supporting
training activities undertaken by small and medium enterprises as regards the
implementation of OIRA and other IT Based tools across all Member States.

In addition, the
operational programme Employment and Social Innovation (EaSI) will be used to
support actions to promote cooperation, communication and gathering of
expertise in the area of OSH.

The new EU
Framework Programme for Research and Innovation for 2014 to 2020 (Horizon 2020[35]) will
provide financial opportunities to address the societal challenges of health,
demographic change and wellbeing. Focus areas include:

understanding health;
 ageing and diseases;
 improving active and healthy ageing;
 effective health promotion;
 disease prevention; and
 preparedness and screening.

These reflect
the need for a ‘translational’, integrated approach to challenges, providing
support both for longer and mid-term research and shorter-term innovation
activities.

ICT enabled
innovation for Active and Healthy ageing has been proposed for regions to flag
as one of the smart specialisation priority areas for funding from the European
Regional Development Fund (ERDF). Alignment and synergies with the European
Innovation Partnership on Active and Healthy Ageing and with the (second)
Active Assisted Living Joint Programme provide more funding options and options
for market development.

5.3. 
Social
dialogue

In accordance
with the Treaty provisions, EU social partners play an important role in designing
and implementing OSH policies and in promoting a safe and healthy environment
in Europe. EU social partners have shown the capacity to find responses which
meet both workers’ and companies’ interests, and they have directly contributed
to implementing EU strategies in this area. EU social partner agreements (e.g.
the multi-sector agreement on crystalline silica and sectoral agreements on the
use of sharp instruments in the healthcare sector and on working conditions in
the maritime sector), implemented autonomously or through legislation[36], and
other social partner initiatives have a direct impact on workers’ safety and
health.

The Commission
will continue to support the work of EU social partners and their national
affiliates in relation to OSH policies under their autonomous work programmes.
It invites social dialogue committees to consider how to effectively reach
micro and small enterprises and to develop innovative OSH solutions. The EU
social partners are also invited to contribute to the ongoing evaluation of the
EU legislative acquis.

There is a need
to improve synergies between the contributions of the EU social dialogue at
cross-industry or sectoral level and the implementation of EU strategic
priorities on OSH, while fully respecting the autonomy of the social partners.

It is essential
to ensure ownership of the present EU Strategic Framework by social partners, including
by involving them in the design and implementation of specific initiatives at
EU, national, local and workplace level. The tripartite Advisory Committee on
Safety and Health at Work and the European social dialogue structures should
play a key role in this respect.

5.4. 
Communication
and information

The success of
any OSH policy depends largely on the effectiveness of the communication
channels and tools used to reach the various players concerned, from policy
makers to workers themselves.

Media such as
the internet, online applications and social networks provide a range of possible
tools to be further explored that may be more effective than conventional approaches
in reaching younger workers. The Commission will encourage wider stakeholder involvement,
including social partners, OSH experts, representatives of micro and small
enterprises and professional associations, in implementing OSH legislation.

EU-OSHA plays a
crucial role in collecting and disseminating relevant information on OSH, facilitating the exchange of good practice and developing awareness-raising campaigns
and thus contributing to more efficient implementation of OSH policy at EU level.
EU-OSHA’s development of an OSH good practices
database will contribute to better implementation of OSH policies by companies.
EU-OSHA
will continue to carry out pan-European campaigns to raise awareness on OSH issues, while ensuring better interaction using social media.

5.5. 
Synergies
with other policy areas

Public policy in
other areas can contribute to an improved working environment. Potential
synergies with OSH policy need to be more actively explored. The key areas in
this respect are as follows:

Education: Raising awareness of OSH starts at school. There have been recommendations to better reflect OSH issues in school
  curricula (especially in vocational training) as well as to better promote
  mental health and wellbeing[37].
  There have been successful pilot projects[38],
  but the results of these need to be better disseminated. Information and
  training for entrepreneurs need to continue;
 Research: OSH research priorities
  have been established, focusing on the impact of ageing, globalisation,
  new technologies and occupational, work-related diseases and disabilities.
  There is a need to better disseminate the results of this research and better
  reflect them in policy-making;
 Public health: Better coordination
  between policy‑makers in this area is needed, in order to build on
  existing programmes and guidelines and create synergies. Cooperation
  with key stakeholders (end users, public authorities, industry) is needed through
  the Joint
  Action on mental health and well-being and within the European
  innovation partnership on active and healthy ageing[39].
  This will improve the conditions for uptake of innovation and investment
  in innovation;
 Environment: Efforts should be made
  to increase complementarity and coherence between environmental policy and
  workers’ protection, since the workplace can be considered a micro-environment
  where similar exposure to hazardous substances can occur, although at
  levels and with specific determinants;
 Industrial policy: Simple
  solutions, such as guidance on avoiding accidents or indicating exposure
  to vibration, can help SMEs to implement OSH in a more cost‑effective
  way, as they would not need to hire OHS experts to carry out assessments.
  Efforts should be made to step up coherence and create synergies between
  industrial policy and workers’ protection policy, in particular with
  regard to chemical substances.
 Equality: OSH policy can contribute
  to combating
  discrimination and promoting equal opportunities in EU policies, in
  particular by promoting the accurate implementation of Directive 2000/78/EC[40]
  relating to protection of health and safety at work of people with disabilities
  and Directive 2006/54/EC[41]
  prohibiting less favourable treatment of women in the workplace because of
  pregnancy or maternity.

6. 
Implementation of the OSH strategic framework

This
communication sets out a framework for action, cooperation and exchange of good
practice in the field of occupational health and safety in 2014-20 that can be
implemented only with the active collaboration of national authorities and
social partners. The Commission will therefore hold an open debate with key
stakeholders in relevant fora about the views and proposals contained in this
communication and will involve them in implementing actions where appropriate. Views
received from the EU institutions, social partners, specialised committees such
as the ACSH and the SLIC, and EU-OSHA will be of particular importance.

This strategic framework
will be reviewed in 2016 in light of the results of the ex post
evaluation of the EU OSH acquis and progress on its implementation.

The Commission
will ensure monitoring of the implementation of the strategic framework, making
use of existing fora and with the full involvement of the EU institutions and
all relevant stakeholders.

[1] Articles 151 and 153
of the Treaty on the Functioning of the European Union (TFEU).

[2] COM(2010) 2020 and
COM(2014) 130 final.

[3] COM(2012) 0173 final.

[4] International Social
Security Association (ISSA), The return on prevention: Calculating the costs
and benefits of investments in occupational safety and health in companies,
http://www.issa.int.

[5] BenOSH, Socio-economic
costs of accidents at work and work-related ill health, http://ec.europa.eu/social.

[6] SWD (2013) 202.

[7]
http://ec.europa.eu/social/main.jsp?catId=333&langId=en&consultId=13&visib=0&furtherConsult=yes.

[8] European
Parliament Resolution A7-0409/2011 of 15 December 2011 on the mid-term review
of the European strategy; European Parliament Resolution 2013/2685(RSP) of 12
September 2013 on the European strategy on health and safety at work.

[9] Opinion adopted on 1
December 2011.

[10] Opinion adopted on 9
February 2012.

[11] Conference on Working
Conditions held on 28 April 2014.
http://ec.europa.eu/social/main.jsp?langId=en&catId=88&eventsId=979&furtherEvents=yes

[12] COM(2012) 746.

[13] European Statistics
on Accidents at Work (ESAW), Eurostat estimate. Data for NACE Rev. 2 sectors A
C-N.

[14] Flash Eurobarometer
on Working Conditions http://ec.europa.eu/public_opinion/archives/flash_arch_404_391_en.htm#398

[15] European Statistics
on Accidents at Work (ESAW), 2011.

[16] European Working
Conditions Survey (EWCS), 2010.

[17] BAuA and Labour
Ministry report on Safety and Health at Work, 2011.

[18] Costs to Britain of workplace fatalities and self-reported injuries and ill-health, 2010/11, HSE,
2013.

[19]             The size
of the establishment, the industry and the country are the strongest
determinants of the scale of OSH management in establishments, according to the
2012 Enterprise Survey on New and Emerging Risks (ESENER) report.

[20] http://www.oiraproject.eu/ OiRA is a web platform that enables the creation of sectoral risk assessment tools
in any language in an easy and standardised way. It allows the building of
easy-to-use, free
online tools that can help micro and
small organisations put a step-by-step risk assessment process in place —
starting with the identification and evaluation of workplace risks, through to
decision‑making and implementing preventative actions, finishing with
monitoring and reporting.

[21] See, for example, a
specific study on this issue: Binazzi et al., The burden of mortality with
costs in productivity loss from occupational cancer in Italy, American
Journal of Industrial Medicine, 2013 Nov; 56(11): p. 1272-9.

[22] http://www.ilo.org/safework/lang--en/index.htm
http://www.ilo.org/public/english/region/eurpro/moscow/areas/safety/docs/safety_in_numbers_en.pdf.

[23] Regulation (EC) No
1907/2006 of the European Parliament and of the Council of 18 December 2006
concerning the Registration, Evaluation, Authorisation and Restriction of
Chemicals (REACH), OJ L 136, 29.5.2007.

[24] Regulation (EC) No
1272/2008 of the European Parliament and of the Council of 18 December 2006 on
classification, labelling and packaging of substances and mixtures, OJ L 353,
31.12.2008.

[25] EU-OSHA Campaign
2012-13 on ‘Working together for Risk Prevention’.

EU-OSHA Campaign
2010-11 on ‘Safe Maintenance’.

EU-OSHA Campaign
2008-09 on ‘Risk Assessment’.

EU-OSHA Campaign
2007-08 on ‘The Healthy Workplace Initiative’.

[26] EU-OSHA, 2013. New
risks and trends in the safety and health of women at work. https://osha.europa.eu/en/publications/reports/new-risks-and-trends-in-the-safety-and-health-of-women-at-work/view.

[27] White Paper. An
agenda for adequate, safe and sustainable pensions, COM(2012) 55 final.

[28] National Labour
Inspectorates’ 2011 reports, sent to the SLIC.

[29] National Labour
Inspectorates’ 2009 reports, sent to the SLIC.

[30] COM(2013) 685 final.

[31]  In accordance with
Article 17a of Council Directive 89/391/EEC of 12 June 1989 on the introduction
of measures to encourage improvements in the safety and health of workers at
work, OJ L 183, 29.6.1989, p. 1.

[32] https://osha.europa.eu/en/priority_groups/ageingworkers/ep-osh-project.

[33] Commission Regulation
(EU) No 349/2011 of 11 April 2011 implementing Regulation (EC) No
1338/2008 of the European Parliament an of the Council on Community statistics
on public health and safety at work, as regards statistics on accidents at
work, OJ L 97, 12.4.2011, p. 3–8.

[34]
European Survey of Enterprises on New and Emerging Risks (ESENER) — Managing
safety and health at work, European Risk Observatory Report 2010.

[35] Proposal for a
Regulation of the European Parliament and Council establishing Horizon 2020 —
the Framework Programme for Research and Innovation (2014-20), COM(2011) 809
final.

[36] In case of
implementation by legislation, after an assessment performed by the Commission,
covering representativeness, compliance with EU law, impact on SMEs and
cost-benefit analysis, where appropriate.

[37] OECD (2012), Sick
on the Job? Myths and Realities about Mental Health and Work, Mental
Health and Work.

[38] Integrating or
‘mainstreaming’ OSH into education forms a key part of developing a prevention
culture by teaching children and young adults to live and work safely. EU-OSHA
provides a great deal of good practice information in this area. https://osha.europa.eu/en/topics/osheducation.

[39] http://ec.europa.eu/research/innovation-union/index_en.cfm?section=active-healthy-ageing&pg=about.

[40] Council Directive
2000/78/EC of 27 November 2000 establishing a general framework for equal
treatment in employment and occupation, OJ L 303, 2.12.2000.

[41] Directive 2006/54/EC
of the European Parliament and of the Council of 5 July 2006 on the
implementation of the principle of equal opportunities and equal treatment of
men and women in matters of employment and occupation (recast), OJ L 204,
26.7.2006, p. 23.