Proposal for Council Decision adopting a programme of non-legislative measures to improve health and safety at work (95/C 262/09) (Text with EEA relevance) COM(95) 282 final - 95/0155(CNS)

(Submitted by the Commission on 25 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas prevention of accidents at work, occupational diseases and occupational hygiene fall within the fields and objectives referred to in Articles 118 and 118a of the Treaty; whereas in this context collaboration should be strengthened between the Member States and the Commission and between the Member States themselves;

Whereas the incidence in the Community of accidents and death at work as well as occupational disease is still unacceptably high;

Whereas this represents an enormous and unnecessary human cost as well as being an economic burden on society; whereas improving health and safety at the workplace can enhance competitiveness since there is a clear correlation between successful companies and good health and safety practices;

Whereas, despite considerable efforts, a large number of companies and especially small and medium-sized enterprises have difficulties in incorporating new production methods or adapting existing ones while safeguarding the health and safety of workers and ensuring good working environment standards in conformity with new legislation;

Whereas legislation on health and safety at work must be supplemented by non-legislative measures including raising awareness aimed at improving safety, hygiene and health at work, in particular in small and medium-sized enterprises;

Whereas the Community needs to make further strides to improve health and safety in individual sectors, in respect of the materials used or for particularly sensitive risk groups as yet inadequately protected; whereas it also needs to raise awareness, training levels and information exchange and to develop cooperation with third countries and international organizations.

Whereas the programme has to contribute to the enhancement of awareness of health and safety determinants and risk factors, early detection of adverse effects, counselling and advice, and social support;

Whereas, in accordance with the principle of subsidiarity, action on health and safety at work, can by reason of their scale of effects, be undertaken with greater efficiency by the Community;

Whereas a multiannual programme has to be launched with clear objectives for Community action, and priority action selected to promote the health and safety at work of all the workers of the Community as well as appropriate mechanisms for the evaluation of such action; whereas this programme has to be five-year duration in order to allow sufficient time for action to be implemented to achieve the objectives set;

Whereas there exist other Community programmes and initiatives fully or partly relevant as regards health and safety at work and therefore there is a need to ensure consistency between various Community actions;

Whereas for the relevant non-legislative measures the Commission should be assisted by a committee composed of a representative of each Member State, to ensure proper execution of the budget and evaluation of the measures;

Whereas, pursuant to Council Decision 74/325/EEC (1), as last amended by the Act of Accession of Austria, Finland and Sweden, the Advisory Committee on Safety, Hygiene and Health Protection at Work can be consulted by the Commission on the drawing-up of proposals in this field;

Whereas the Treaty provides no powers other than those in Article 235 for the adoption of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

A Community programme of non-legislative measures to improve health and safety at work is adopted for a five-year period, from 1 January 1996 to 31 December 2000.

The programme shall consist of:

- guidance notes and core information material to help apply correctly the Community legislation; improving information, education and training; investigating key problem areas as referred to in Annex I,

- the SAFE (Safety Action for Europe) programme referred to in Annex II aimed at improving safety, hygiene and health at work, in particular in small and medium-sized enterprises.

Article 2

The Commission shall ensure implementation of the action set out in Annexes I and II in accordance with Articles 5 and 6 in close cooperation with the Member States and the institutions and organizations active in safety, hygiene and health at work.

Article 3

The Commission shall ensure that there is consistency and complementarity between the Community action to be implemented under this programme and the other relevant Community programmes and initiatives.

Article 4

1. The action referred to in Annex I shall be carried out by the Community, the Member States, management and labour and public or private organizations. Applications for the financing of the action shall be submitted to the Commission.

2. The action referred to in the Annex II shall be carried out by the Member States, management and labour and public or private organizations. Applications for the financing of the action shall be submitted to the Commission.

Article 5

The selection of the projects to be financed and the determination of the financial assistance to be granted in conformity with the objectives and criteria set out in Annexes I, II and III, shall follow the procedure provided for in Article 6 (2).

Article 6

The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by a representative of the Commission.

The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

Article 7

1. The Commission shall encourage cooperation with third countries and with United Nations bodies and other organizations or agencies involved in the field.

2. EFTA countries in the framework of the EEA Agreement and countries with whom the Community has concluded association agreements may be associated in the activities described in Annexes I and II.

Article 8

1. The Commission shall regularly publish information on the action undertaken and possibilities of Community support in the various fields of action.

2. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee a mid-term report on the action undertaken, as well as an overall report by 31 December 2001.

(1) OJ No L 185, 9. 7. 1974, p. 15.

ANNEX I

Guidance notes and core information material to help apply correctly the community legislation; information, education and training; important or new problems (1996-2000)

1. Guidance notes and core information material to help apply correctly the Community legislation, taking into account where necessary the reports required by the various Directives

1.1. Prepare non-binding guides to legislation, which, while not pretending to guarantee and provide the detail necessary to coves every legal aspect, provide to employers, enterprises, workers and Member States useful assistance, technical support and background.

1.2. For effective targeting of such information it is essential to know what employers, in particular in small and medium-sized enterprises, want and need in relation to health and safety at work.

2. Information, education and training

2.1. Development of health and safety awareness

2.2. Information on Commission policies: in order to ensure transparency of its measures, the Commission will draft and disseminate information on Communities activities.

2.3. In keeping with the Commission's information policy relating to Community activity and the raising of awareness, particularly amongst the general public, the Commission will, in consultation with the Member States, arrange regularly a European week of health and safety at work, colloquia on health and safety education and training, competitions on training materials, festivals of audio-visual products on safety, hygiene and health at work.

3. Investigation of certain key problem areas, taking into account existing information and research results and/or promote, where appropriate, new investigations

ANNEX II

SAFE (Safety Actions for Europe) aimed at improving safety, hygiene and health at work, in particular in small and medium-sized enterprises (1996-2000)

1.1. SAFE (Safety Actions for Europe) will support projects of a practical nature intended to demonstrate:

- the promotion of improvements in the work situation specifically directed at safety, hygiene and health at work, especially in small and medium-sized enterprises,

- the improvements in the organization of work practice which influence attitudes towards health and safety at work, in order to reduce work accidents and occupational diseases.

1.2. One of the objectives of the SAFE programme is therefore to support practices designed to improve the work situation, work organization and working practices which may be directed towards a specific problem impacting on health and safety at the workplace or by demonstrating best practices to combat work accidents and/or occupational diseases or at the ways and means of effectively complying with Community legislation in individual enterprises or undertakings.

1.3. This is why the SAFE programme will also support the development of reference workplaces, which have developed practical solutions to workplace risks and which will serve as models for others who would like to change existing workplaces or design new ones. It will also promote innovative approaches to emerging areas of risk or to high risk activities, whether this is by promoting the use of safe and/or clean technologies, or by other innovative measures.

1.4. Support will also be provided for specific education and training initiatives designed to improve knowledge of Community legislation and improve awareness of the working environment.

1.5. The SAFE programme will also consider projects prepared by European organizations, individual enterprises, employers or workers. Such projects should provide guidance for decisions concerning measures to be put into practice throughout entire sectors of activity especially in more than one Member State.

ANNEX III

SELECTION CRITERIA

I. General criteria

In order to be eligible for selection, the projects submitted must meet all the following criteria:

- have a good cost-effectiveness ratio,

- generate a European plus value e.g. through a lasting multiplier effect on the European scale,

- demonstrate an effective and balanced degree of cooperation between the various partners at the levels of:

- project design,

- project implementation,

- financial participation.

II. Evaluation criteria Priority will be given to projects satisfying, as far as possible, the following criteria. Projects should:

- contribute to the prevention of causes of accidents and occupational diseases rather than remedying their effects,

- facilitate the lasting integration of health and safety at work in enterprise management or in the quality management of products,

- promote the transfer and exploitation of innovative experiments on an European scale,

- promote social dialogue,

- promote permanent efforts rather than quantified results,

- encourage innovation and entrepreneurial activity, in particular in high risk activities,

- support the development of practical solutions to workplace risks,

- support cooperation between firms,

- support improved information exchange, education and training,

- contribute also to the implementation of action programmes or Community policies concerning:

- lifelong learning,

- equal opportunities,

- integration of the disabled,

- bringing back to employment the long-term unemployed,

- prevention of accidents to the public (domestic, sport, road, etc.)

- sectoral policies (to be specified),

- other programmes or policies (to be specified).

III. Exclusion criteria

The following are not eligible:

- action limited to a single Member State and not transferable to others,

- action limited to achieving compliance with national requirements even if these result from Community law.