26TH ANNUAL ACTIVITY REPORT OF THE ADVISORY COMMITTEE ON SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK 2001

TABLE OF CONTENTS

SUMMARY

1. CHARACTERISTICS OF THE COMMITTEE

1.1. Origin, competence and remit

1.2. Structure, procedure

2. ACTIVITIES IN 2001

2.1. 25th activity report of the Advisory Committee

2.2. Opinions adopted

2.2.1. Committee opinion (Doc. No 0966/1/01) on draft standardisation mandates given to European standardisation organisations and contained in documents 3/2001, 4/2001 et 5/2001

2.2.2. Committee opinion (Doc. No 0860/2/00) on multidisciplinary protective and preventive services and health surveillance at work

2.2.3. Committee opinion (Doc. No 0702/1/01) on the draft proposal for a Commission directive establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC

2.2.4. Committee opinion (Doc. No 0983/1/01) on musculo-skeletal disorders

2.2.5. Committee opinion (Doc. No 2505/1/01) on a new Community strategy for health and safety at work 2002-2006

2.2.6. Committee opinion (Doc. No 1947/2/01) on the White Paper for a future strategy on chemicals

2.2.7. Committee opinion (Doc. No 1564/2/01) on violence at work

2.2.8. Interim opinion of the Committee (Doc. No 2107/1/01) on the Report on the European Agency for Safety and Health at Work

2.2.9. Committee opinion on the draft work programme for the Bilbao Agency for 2002

2.3. Operational procedures

2.3.1. Work programme 2002

3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE

3.1. Ad hoc groups active in 2001 and continuing their activities in 2002

3.1.1. Planning

3.1.2. Standardisation

3.1.3. Report on the European Agency for Safety and Health at Work

3.1.4. Teleworking

3.1.5. Occupational diseases

3.1.6. ATEX

3.2. Creation of ad hoc groups in 2001

3.2.1. Community strategy 2002-2006 (Doc. No 0994/01)

3.2.2. Health and safety in the hospital sector (Doc. No 2103/1/01)

3.2.3. Fisheries sector (Doc. No 2504/01)

3.2.4. Chemicals in the workplace (Doc. No 2502/1/01)

3.3. Dissolution of ad hoc groups

3.3.1. Multidisciplinary protective and preventive services/Medical surveillance of workers

3.3.2. Musculo-skeletal disorders

3.3.3. Occupational exposure levels

3.3.4. Guidelines for chemical agents

3.3.5. Prevention of violence at work

4. COOPERATION WITH OTHER BODIES

4.1. Safety and Health Commission for the Mining and Other Extractive Industries

4.2. Senior Labour Inspectors' Committee

4.3. Scientific Committee for Occupational Exposure Limits to Chemical Agents

4.4. Social partners

4.5. Trade Union Technical Bureau

4.6. International Labour Office (ILO)

4.7. European Foundation for the Improvement of Living and Working Conditions

4.8. European Agency for Safety and Health at Work

ANNEX A

ANNEX B

ANNEX C

ANNEX D

SUMMARY

26th Annual activity report of the Advisory Committee on Safety, Hygiene and Health Protection at Work 2001 (Doc. xxxx/01 EN)

In view of the need to establish a standing body to assist the Commission in the preparation and implementation of activities in the field of safety, hygiene and health protection at work, and to facilitate cooperation between national administrations, trade unions and employers' organisations, the Council of the European Communities, by its Decision of 27 June 1974 (74/325/EEC), set up an Advisory Committee on Safety, Hygiene and Health Protection at Work.

The Committee is a tripartite body made up of full members comprising, for each Member State, two government representatives, two representatives of trade unions and two representatives of employers' organisations. An alternate member is appointed for each full member. The full and alternate members of the Committee are appointed by the Council, which publishes the list of members in the Official Journal of the European Communities, for information purposes. The Committee is chaired by a Member of the Commission or, where he or she is prevented from so doing, by a Commission official designated by the chair.

The Committee produces an annual report on its activities, which the Commission forwards to the European Parliament, the Council and the Economic and Social Committee [1].

[1] The Consultative Committee of the European Coal and Steel Community, to which the activity report was also forwarded in accordance with Article 3 (2) of Decision 74/325/EEC, ceased work in 2002 on expiry of the ECSC Treaty.

In 2001, the Committee met twice in Luxembourg. At both meetings, the Commission informed the Committee of developments with regard to all matters concerning safety, hygiene and health protection at work.

The Committee adopted the annual activity report for 2000, together with nine opinions which are reviewed in section 2.2 of this report, and looked at potential subjects for its 2002 work programme.

1. CHARACTERISTICS OF THE COMMITTEE

1.1. Origin, competence and remit

In view of the need to establish a standing body to assist the Commission in the preparation and implementation of activities in the field of safety, hygiene and health protection at work, and to facilitate cooperation between national administrations, trade unions and employers' organisations, the Council of the European Communities, by its Decision of 27 June 1974 (74/325/EEC), set up an Advisory Committee on Safety, Hygiene and Health Protection at Work.

The main tasks of the Committee (Article 2(2) of the Decision) are:

a) to conduct, on the basis of information available to it, exchanges of views and experience regarding existing or planned regulations;

b) to contribute towards developing a common approach to problems in the fields of safety, hygiene and health protection at work and towards choosing Community priorities as well as the measures necessary for implementing them;

c) to draw the Commission's attention to areas in which there is an apparent need for the acquisition of new knowledge and for the implementation of appropriate educational and research projects;

d) to define, within the framework of Community action programmes, and in cooperation with the Safety and Health Commission for the Mining and other Extractive Industries:

- the criteria and aims of the campaign against the risk of accidents at work and health hazards within the undertaking;

- methods enabling companies and their employees to evaluate and to improve the level of protection;

e) to contribute towards keeping national administrations, trade unions and employers' organisations informed of Community measures in order to facilitate their cooperation and to encourage initiatives promoted by them aiming at exchanges of experience and at laying down codes of practice.

Structure, procedure

The Committee is a tripartite body made up of full members comprising, for each Member State, two government representatives, two representatives of trade unions and two representatives of employers' organisations. An alternate member is appointed for each full member. The full and alternate members of the Committee are appointed by the Council, which publishes the list of members in the Official Journal of the European Communities, for information purposes.

The Committee is chaired by a Member of the Commission or, where he or she is prevented from so doing, by a Commission official designated by the chair.

The Committee may establish ad hoc groups under the chairmanship of a Committee member. The results of their proceedings are submitted in the form of a report at a meeting of the Committee.

The Committee produces an annual report on its activities, which the Commission forwards to the European Parliament, the Council and the Economic and Social Committee [2].

[2] The Consultative Committee of the European Coal and Steel Community, to which the activity report was also forwarded in accordance with Article 3 (2) of Decision 74/325/EEC, ceased work in 2002 on expiry of the ECSC Treaty.

Opinions of the Committee are delivered by an absolute majority of the votes validly cast. An opinion delivered by the Committee is valid when two thirds of its members are present.

The rules of procedure adopted by the Committee entered into force on 30 April 1976, following approval by the Council on the basis of a Commission opinion.

The representatives of the governments, trade unions and employers' organisations are organised in three separate interest groups, each of which appoints a spokesperson. The latter attend meetings of the interest group which appointed them and meetings of the Committee, at which they put forward the groups' views.

Liaison between the members of the government interest group is the responsibility of a Committee member who represents the government of the country holding the Presidency. Liaison between members of the employers' group is the responsibility of the Union of Industrial and Employers' Confederations of Europe (UNICE), while the European Trade Union Confederation (ETUC), a workers' trade union organisation at Community level, was chosen to assist in coordinating the position of workers' representatives.

The Commission provides secretarial services for the Committee and the ad hoc groups. The Secretariat comes under Directorate-General EMPL (Unit D/5).

ACTIVITIES IN 2001

On 18 December 2000, the Council, acting on a proposal from the Member States, appointed the full and alternate members of the Committee for the period from 18 December 2000 to 17 December 2003, the previous term of office having run from 7 July 1997 to 6 July 2000. The list of members for 2001 is attached as Annex B.

In 2001, the Committee met on two occasions in Luxembourg, in May and November. At each meeting, the Commission informed the Committee of developments with regard to all matters concerning safety, hygiene and health protection at work.

Meetings of the interest groups representing governments, employers and workers were held on the day before the Committee meetings. Two additional meetings of the interest groups were held during the year.

The course of the Committee's activities in 2001 mirrored that of the Commission. Since the Commission was to adopt a communication on a new strategy for health and safety at work in 2002, the Committee's four-year work programme for 1996-2000 was extended by a year.

The proposed activities and priorities were put to the Committee by the Planning Group, which met on four occasions.

Seventeen meetings were organised for the 11 ad hoc groups set up to look into specialised areas on which the Committee wished to give an opinion.

The Committee disbanded five groups, whose work had been completed:

- Multidisciplinary services

- Musculo-skeletal disorders

- Occupational exposure levels

- Guidelines for chemical agents

- Prevention of violence at work

The Committee set up four groups, for which a mandate was adopted:

- Community strategy 2002-2006 (Doc. No 0994/01)

- Health and safety in the hospital sector (Doc. No 2103/1/01)

- Fisheries sector (Doc. No 2504/01)

- Chemicals in the workplace (Doc. No 2502/1/01)

The Committee also revised the mandate of the "ATEX" group (Doc. No 3453/1/00).

The work of the groups is summarised in section 3 of this report.

The Committee adopted its annual activity report for 2000, together with nine opinions which are reviewed in section 2.2 of this report, and looked at potential subjects for its 2002 work programme.

2.1. 25th activity report of the Advisory Committee

(Doc. No 1943/01)

The Committee adopted its 25th report, covering activities in 2000, at its 63th plenary meeting on 29 November 2001.

2.2. Opinions adopted

2.2.1. Committee opinion (Doc. No 0966/1/01) on draft standardisation mandates given to European standardisation organisations and contained in documents 3/2001, 4/2001 et 5/2001

- Doc. 3/2001 - Publication of the reference of the harmonised standard "Safety of toys - Part 1: Mechanical and physical properties" in the OJEC

Although the subject of this mandate mainly concerns the internal market, it also falls within the remit of the Advisory Committee, given that toys are used in leisure centres, shops and when tested.

Since children are particularly sensitive to noise and making them wear personal protective equipment would appear to be out of the question, the Committee stated that steps should be taken to reduce the noise made by toys as far as possible. In any case, the noise level should be lower than the levels which are acceptable without the use of personal protective equipment.

- Doc. 4/2001 - Draft Commission decision relating to the publication of references for standards EN 13428:2000 to EN 13432:2000 in the OJEC in connection with Directive 94/62/EC on packaging and packaging waste

While noting that the draft decision did not fall within its remit, the Committee did raise certain matters of principle. Some of the standards whose references were to be published were incomplete in relation to Directive 94/62/EC. The Committee felt this situation was unsatisfactory and urged that similar situations be avoided in future.

- Doc. 5/2001 - Standardisation mandate given to the CEN in connection with Directive 98/37/CE relating to machinery with a view to revising the standard EN 848-3:1999 on the safety of woodworking machines

The Committee agreed with the serious criticisms voiced by the Swedish government.

The Committee noted that the deadlines originally established had been extended by one year and was concerned about the time to be worked without safe machinery.

While accepting that the current standard would in the meantime continue to give a presumption of compliance, the Committee asked the CEN to do its utmost to speed up its work in this area.

While the Committee agreed to ask the Commission to take appropriate steps to alert users to the risks from shortcomings in machinery currently available, it also emphasised that suppliers remain responsible for the supply of safe machinery and that that responsibility cannot be mitigated by such precautionary measures.

These recommendations should be accompanied by appropriate publicity since there will be a transitional period during which machinery posing a serious risk will remain in use.

The Committee adopted the draft opinion unanimously on 15 May 2001.

2.2.2. Committee opinion (Doc. No 0860/2/00) on multidisciplinary protective and preventive services and health surveillance at work

Articles 7 and 14 of the Framework Directive (89/391/EEC) provide for measures to encourage improvements in the safety and health of workers at work, specifically as regards protective and preventive services and health surveillance. In 1996, the Committee therefore set up an ad hoc group to investigate the problems encountered and experience acquired in the establishment of multidisciplinary services of this type for employees in all sectors, industries and undertakings, public or private, and to analyse health surveillance of workers in different Member States.

A first draft opinion was submitted to the Committee at its 59th plenary meeting on 27 October 1999. Following the Committee's request for this draft to be reviewed, a text revised by an editorial group was discussed at the Committee's 60th plenary on 18 May 2000. In the light of reservations expressed by all the interest groups, the text was returned to the ad hoc group. At its last meeting on 20 February 2001, the editorial group finalised a new draft opinion, which the Committee finally adopted at its 62nd plenary, comments from the employers group being annexed to the text of the opinion.

The Committee agreed to deal separately with the two issues of "multidisciplinary protective and preventive services" and "health surveillance", while keeping them inter-linked in a single final document.

As regards protective and preventive services, rules of good practice were identified, which can be generally applied, irrespective of the area of activity. The Member States must ensure quality control, while the employers, who are responsible for implementing the safety measures, must have the capacity to involve workers and enlist qualified assistance competent to perform these tasks.

Health surveillance involves putting in place systematic, regular and appropriate procedures to detect early signs of work-related ill health among workers exposed to health risks, and to act on the results. It is thus part of an overall programme to prevent occupational risks. The responsibility for health risk management, and therefore health surveillance, rests with the employer, who must comply with the national legislative framework for health and safety.

The Committee notes that there is no one model for health surveillance - different approaches being needed for different circumstances - but emphasises that all new procedures must be validated against five main criteria: need, relevance, scientific validity, effectiveness and ethical standards.

The Committee adopted the draft opinion unanimously on 15 May 2001.

2.2.3. Committee opinion (Doc. No 0702/1/01) on the draft proposal for a Commission directive establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC

On 27 October 1999, the Committee had decided to set up an Ad Hoc Group on Establishment of Occupational Exposure Levels to deliver an opinion to the Committee on the procedures for the collection and evaluation of data needed for the establishing of occupational exposure levels, to prepare comments by the Committee on the outcome of assessments carried out by the Commission on the basis of analyses performed by the scientific expert group and to prepare a draft Committee opinion on the Commission's proposals for directives in this area.

This group met four times, on 14 December 1999, 5 April and 25 October 2000, and 5 April 2001, and worked on a draft proposal for a Commission directive establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC (Doc. No 531/3/99).

The draft opinion submitted by the ad hoc group and adopted by the Committee consists of three parts: part A, containing comments on the draft directive proposed by the Commission, part B, on measurement methods, and part C, on the procedure for IOELs for which not enough or no scientific information is available.

The main comments in part A of the draft opinion related to changes in the list of substances and values initially presented. Specifically, the employers group said it could not accept the limit values proposed for a number of substances (toluene, n-hexane, nitric acid and chlorine). The relevant arguments and comments are set out in an annex to the opinion adopted.

In part B, the Committee welcomed the Commission's new approach seeking to produce an inventory of suitable analytical methods for the chemicals already published in the annex to Directive 2000/39/EC.

In part C, the Committee drew attention to the problem of the use of chemicals for which not enough scientific data exist to establish an IOEL.

The Committee adopted the draft opinion unanimously on 15 May 2001.

2.2.4. Committee opinion (Doc. No 0983/1/01) on musculo-skeletal disorders

On 6 May 1999, the Committee set up an Ad Hoc Group on Musculo-skeletal disorders to prepare a Committee opinion on possible Community action to prevent such disorders at work.

A draft opinion was produced after the group's last meeting on 13 February 2001 and was then adopted by the Committee at its 62nd plenary, comments from the employers group being annexed to the text of the opinion.

The Committee pointed out that musculo-skeletal disorders (MSDs) account for between 40 and 50 % of all work-related ill-health and affect over 40 million workers in the EU. It urged the Commission, taking account of existing provisions, to promote an approach based on primary prevention, with a view to improving the level of prevention and protection, in all undertakings, irrespective of size, and particularly in the most seriously affected sectors.

The Committee recommended that the Commission base its policy on the following main points: regard for the principles of prevention described in the Framework Directive (89/391/EEC); assessing physical, organisational and other risks at workplaces; developing integrated approaches, to be adapted on a case-by-case basis by professional/occupational bodies and undertakings; adopting multidisciplinary and participatory approaches to preventive action at enterprise level; providing information and training for all personnel; taking account of MSD prevention when designing and selecting new installations and items of equipment; improving diagnostic criteria; promoting corrective and preventive action plans and indicators for monitoring the progress made; addressing the particular risk of MSDs when changes are made to the work organisation.

Consideration should thus be given to a further regulatory initiative focussed on preventing upper limb disorders. In order to raise awareness amongst all partners (governments, employers and workers) of the need to prevent MSDs and of how this can be achieved, general - and if possible sector-specific - guidelines should be developed and promoted.

The Committee adopted the draft opinion unanimously on 15 May 2001.

2.2.5. Committee opinion (Doc. No 2505/1/01) on a new Community strategy for health and safety at work 2002-2006

In its "Social Policy Agenda" communication, the Commission had mentioned the need to produce a communication setting out a new Community strategy for health and safety at work. All players were asked to play an active part in carrying out the Agenda, producing their various contributions before the Commission's adoption of its communication, which was expected in 2002.

The Committee decided on 15 May 2001 to set up a "Community strategy 2002-2006" working group to prepare an opinion on Community occupational health and safety strategy for 2002-2006. The Committee entrusted this task to its Planning Group.

The group met on twice, on 3 July and 2 October 2001, and worked on various documents provided by the Commission, in order to formulate what it considered to be suitable options. A select editorial group finalised a draft opinion, which was submitted to the Committee at its 63rd plenary, comments from the three interest groups being annexed to the document.

The opinion is intended as an interim contribution by the Committee to the new strategy for health and safety at work being drawn up by the European Commission and sets out the points the Committee feels the strategy must cover if it is to be successful.

The general framework of the new strategy must rest on the guiding principle laid down in the Social Agenda of a policy designed to ensure quality jobs. Greater synergy and complementarity between national, European and international levels must be pursued, mobilising all the players concerned and integrating occupational health and safety aspects into Community policy as a whole. However, consideration must also be given to the specific nature of the problems posed by health and safety at work, in order to maintain and reinforce experience, skills and a common reference framework in this area.

The new strategy must be planned and carried out on the basis of a detailed knowledge of its area of application and the difficulties that arise there, acquired by better observation, monitoring, collection and dissemination of information, and on accurate identification of targets and priorities depending on the various situations to be addressed (firm size, various trades and/or categories of worker). To ensure effective implementation, a timetable must be drawn up, with a plan for the regular assessment of project progress.

As regards possible legislation, a practical assessment must be made of how the existing directives are applied. However, this does not mean that the option of enacting new legislation should be disregarded, since such a review will point up the employment sectors, worker categories or risks for which protection is inadequate.

Developing a stronger health and safety culture must also be central to the new strategy. The introduction of preventive measures targeting the workplace and "technical" protective measures must be accompanied by a genuine strategy aimed at boosting risk awareness and health promotion, by means of health and safety training aimed at employees, young people in education and people in vocational training. In this context, it is also important to promote exchanges of experience and the quest for shared criteria.

With a view to enlargement, the Committee underlines the need to commit substantial resources to the candidate countries and the social partners in order to permit such exchanges of experience and improve the way in which prevention is organised.

The Committee adopted the draft opinion unanimously on 29 November 2001.

2.2.6. Committee opinion (Doc. No 1947/2/01) on the White Paper for a future strategy on chemicals

At its 62nd plenary on 15 May 2001, the Committee decided to produce an opinion on the Commission communication "White Paper - strategy for a future chemicals policy" [COM (2001) 88 final], and entrusted the task of drafting it to the Ad Hoc Group on Establishment of Occupational Exposure Levels.

The group met on 25 June, 11 September and 10 October 2001 and drew up a draft opinion, which was submitted to the Committee at its 63rd plenary.

The Advisory Committee regrets that it was not consulted before the White Paper was issued, since some aspects developed in the paper will have or have already major implications for safety and health at work. It therefore asks the Commission to ensure that it is consulted on any changes to the paper that might affect occupational health and safety.

The Committee believes that it is an important stakeholder in the development of a new chemicals policy. It therefore insists that DG EMPL take part in the preparatory working groups and the Commission steering group in charge of drafting the new legislation. In this connection, it asks the Commission to take note of a number of comments on various aspects of the White Paper which are relevant to occupational health and safety policy, especially the classification criteria for chemicals and product information aspects (safety data sheets).

The Committee adopted the draft opinion unanimously on 29 November 2001.

2.2.7. Committee opinion (Doc. No 1564/2/01) on violence at work

Given the rising level of problems associated with violence at work, the Committee set up an AHG "Prevention of violence at work"" on 29 October 1997, to bring together studies and good practice in this area with a view to producing a draft opinion.

The group met once in 2000 and twice in 2001, on 8 May and 18 September, and produced a draft opinion which was submitted to the Committee at its 63rd plenary.

The opinion takes account of all forms of violence at work, both physical and mental, as a risk factor which the employer has a duty to assess and prevent or reduce by means of specific measures in the same way as all other risk factors, pursuant to Article 6 of the Framework Directive (89/391/EEC).

Noting that perception of this problem varies greatly from one Member State to the next, the Committee urges the Commission to draft guidelines based on an essentially preventive approach, starting from a definition of the phenomenon in all its various forms and determination of the risk factors that employers are obliged to assess under the terms of the Framework Directive.

This initiative should also be accompanied by an awareness raising and information campaign to draw more attention to the problem and to the need to head off violence at work.

It would also be desirable for the mental and psychosocial factors related to the working environment to be taken into account in establishing quality-of-work indicators.

A common declaration of the three interest groups, to the effect that the scope of the issues and the practical action to be considered should be more closely defined by the Advisory Committee Planning Group, is attached as Annex I to the opinion as adopted. The employers group adopted the opinion subject to comments on its form and content, which are set out in Annex II.

The Committee adopted the draft opinion unanimously on 29 November 2001.

2.2.8. Interim opinion of the Committee (Doc. No 2107/1/01) on the Report on the European Agency for Safety and Health at Work

Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work amended by Council Regulation (EC) No 1643/95 of 29 June 1995 contains a review clause which provides that, no later than five years after the entry into force of the Regulation (9 September 1994), on the basis of a Commission report, accompanied as appropriate by a proposal, the Council, having consulted the European Parliament, shall review the Regulation and any new assignment for the Agency that proves necessary.

The Committee thus decided on 6 May 1999 to set up an AHG "Report on the European Agency for Safety and Health at Work" to prepare an Advisory Committee opinion on the report to be drawn up by the European Commission, accompanied as appropriate by a proposal on the review of the Regulation establishing the European Agency for Safety and Health at Work.

The group met once in 2000 at the request of the Commission, which in the interests of openness wished to consult it on the specifications for the external invitation to tender for the assessment of the Agency's work, and twice in 2001, on 21 June and 26 September, once the Agency had made the contractor's report available. Since the Commission had not yet produced its report and proposal, a draft interim report was submitted to the Committee in the meantime at its 63rd plenary.

The Committee recommended that three aspects of the Regulation be modified: the objectives and missions of the Agency, the role of the actors and the way the Agency operates and functions.

As regards objectives and missions, the Committee suggested that in collecting, processing and disseminating information, the Agency take account of users' particular needs. The Agency's internal regulation should define these target groups.

The different actors' duties and responsibilities in respect of the Agency's work should be specified in the internal regulation of the Agency as defined and regularly updated by the Board, especially as regards the responsibilities of the Focal Points and the board's role as a strategic decision maker.

As regards the Agency's operating arrangements, the bureau's tasks and functioning should be clarified and strengthened and the board given greater discretion with regard to the director's contract. The board's voting arrangements should also be discussed.

The Committee adopted the draft opinion unanimously on 29 November 2001.

2.2.9. Committee opinion on the draft work programme for the Bilbao Agency for 2002

In accordance of Article 10 of the Regulation establishing the Agency, the board adopts the Agency's annual work programme on the basis of a draft drawn up by the director, after consultation with the Commission and the Advisory Committee.

The Agency's board held its meeting on 6 and 7 November 2001, while the Committee had not yet been able to hold its October plenary because its groups had not yet completed their work.

At the above meeting, the Agency's board therefore adopted the 2002 work programme, subject to the opinion to be delivered by the Committee. The programme was submitted to the Committee at its 63rd plenary on 29 November 2001. The comments by the three interest groups may be summarised as follows.

The three groups emphasised the need to observe the procedure laid down by the Regulation establishing the Agency, so that the Committee could discuss the Agency's work programme before it was adopted. They endorsed the Agency's programme. The workers group asked the Commission and Member States to create a legal basis for a programme for SMEs. It emphasised that the Agency should give thought to all aspects of the European Week.

2.3. Operational procedures

2.3.1. Work programme 2002

(Doc. No 2480/01)

At its session on 29 November 2001, the Committee adopted its work programme for 2002, extending its four-year policy programme by one year.

ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE

3.1. Ad hoc groups active in 2001 and continuing their activities in 2002

3.1.1. Planning

The Planning Group met on four occasions in 2001 to prepare the new mandates and organise and monitor the work of the groups.

3.1.2. Standardisation

The activities of this group are of an ongoing nature. The Committee's remit to the group is to study standardisation mandates as and when they are submitted by the Commission. The Group also deals with general problems relating to health and safety at work in the context of standardisation.

In 2001, the group met twice and discussed eight draft mandates to CEN/CENELEC/ETSI. A draft opinion on three draft mandates discussed (see 2.2.1) was submitted to the Committee and adopted on 15 May 2001.

3.1.3. Report on the European Agency for Safety and Health at Work

The group, created in May 1999, met twice in 2001. A draft interim opinion on the Report on the Bilbao Agency (see 2.2.8) was submitted to the Committee and adopted on 29 November 2001.

The group will continue its work in 2002.

3.1.4. Teleworking

The mandate of this group, created on 18 May 2000, is to prepare an Advisory Committee opinion on possible Community action on health and safety questions associated with teleworking.

The group did not meet in 2001.

3.1.5. Occupational diseases

The mandate of this group, created on 18 May 2000, is to prepare an Advisory Committee opinion on Commission proposals concerning the updating of the "European Schedule of Occupational Diseases" (Annex I to Commission Recommendation 90/326/EEC).

The group did not meet in 2001.

3.1.6. ATEX

The remit of this group, established on 19 December 2000, is to assist the Commission in the preparation of a guide to good practice enabling the employer to produce the "explosion protection document" required by Article 8 of the ATEX Directive 1999/92/EC. An invitation to tender will be issued for this groundwork. To this end, the group will meet with the Commission and the contractor at the beginning of the work and on submission of the interim and final reports and will then report to the Advisory Committee.

The group did not meet in 2001.

3.2. Creation of ad hoc groups in 2001

The Committee created four ad hoc groups and adopted their mandates.

3.2.1. Community strategy 2002-2006 (Doc. No 0994/01)

The mandate of this group, created on 15 May 2001, is to prepare an Advisory Committee opinion on the Community occupational health and safety strategy for 2002-2006. The Committee entrusted this task to the Planning Group.

In 2001, the group met twice and produced a draft opinion (see 2.2.5), which was adopted on 29 November 2001 as an interim contribution by the Committee to assist the Commission in drawing up the communication on the new strategy.

The group will continue its work in 2002.

3.2.2. Health and safety in the hospital sector (Doc. No 2103/1/01)

The group was set up on 29 November 2001. Its task is to prepare a draft Advisory Committee opinion on possible measures to ensure better protection of the health and safety of workers in the hospital sector, based on a Commission document setting out the proposed Community measures.

The group did not meet in 2001.

3.2.3. Fisheries sector (Doc. No 2504/01)

On 29 November 2001, the Committee adopted the mandate for this group, which was to monitor work relating to the health and safety of workers in the fisheries sector during the preparation of a new European common fisheries policy.

In particular, this group will have the task of preparing a Committee opinion on aspects relating to the health, safety and hygiene of workers in the fisheries sector and to assist the Commission in its preparatory work for the new common policy in this area.

The group did not meet in 2001.

3.2.4. Chemicals in the workplace (Doc. No 2502/1/01)

The Planning Group proposed the creation of this new group on the basis of a recommendation from the Working Party on the Establishment of Occupational Exposure Levels (Doc. No 2105/01). Its mandate was adopted by the Committee at its 63rd plenary on 29 November 2001. Its remit is as follows:

(1) to take over the mandate of the "Limit Values" ad hoc group;

(2) to take over the mandate of the "Guidelines" ad hoc group;

(3) to ensure that action resulting from the White Paper "Strategy for a future chemicals policy" (COM(2001) 88 final) is followed through;

(4) to suggest further action on problems relating to organic solvents (Doc. No 1941/01 - EU Conference on Organic Solvents and Organic Psycho-Syndrome, Delft, Netherlands, 10 December 1999).

The group did not meet in 2001.

3.3. Dissolution of ad hoc groups

The Committee decided to disband five groups whose work had been completed.

3.3.1. Multidisciplinary protective and preventive services/Medical surveillance of workers

This group was established in November 1996 and met several times in 1999 and 2000. At its last meeting on 20 February 2001, a select editorial group finalised a draft opinion which the Committee adopted at its 62nd plenary. The group was formally disbanded on 15 May 2001.

3.3.2. Musculo-skeletal disorders

This group was established on 6 May 1999 and held its last meeting, after which a draft opinion was produced, on 13 March 2001. Following adoption of this opinion by the Committee, the group was disbanded on 15 May 2001.

3.3.3. Occupational exposure levels

This group was established on 27 October 1999. It met four times in 2001 and submitted two draft opinions to the Committee. These were adopted on 15 May and 29 November 2002 (see 2.2.3 and 2.2.6).

On assessing the remits handed down to the groups working on Community chemicals policies -- viz. the groups "Establishment of Occupational Exposure Levels" and "Guidelines on Chemical Agents" -- the Committee decided at its 63rd plenary on 29 November 2001 to set up a new group "Chemicals in the workplace", whose functions would include taking over the mandates of the other two groups in the field. On adoption of the new mandate (see 3.2.4), the AHG "Establishment of Occupational Exposure Levels" was formally disbanded on 29 November 2001.

3.3.4. Guidelines for chemical agents

This group was set up on 6 May 1999 to draw up for the Advisory Committee an opinion on a guidance document covering the topics mentioned in Articles 3, 4, 5 and 6 and Annex II (1) of Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work. The group did not meet in 2001.

When its mandate was taken over by the new group "Chemicals in the workplace", it was formally disbanded on 29 November 2001.

3.3.5. Prevention of violence at work

This group was established on 29 October 1997 and met twice in 2001. It submitted a draft opinion to the Committee at its 63rd plenary. Following adoption of this opinion, the group was disbanded on 29 November 2001.

COOPERATION WITH OTHER BODIES

4.1. Safety and Health Commission for the Mining and Other Extractive Industries

The main tasks of the Safety and Health Commission are to monitor developments in the field of safety and health in the extractive industries, to submit to the governments of the Member States practical proposals for improving safety and health protection at the workplace and to foster exchanges of useful information.

Since 1994, representatives of the Safety and Health Commission have attended meetings of the Advisory Committee as observers. Similarly, representatives of the Committee are invited to the plenary meetings of the Safety and Health Commission, each interest group sending two observers. This arrangement ensures a better information flow between the two bodies. Experience acquired so far shows points in common, but the impression of two separate bodies persists. The Safety and Health Commission is essentially a technical body which deals with safety problems specific to the extractive industries. Technical aspects constitute a key element of its work, whereas the Advisory Committee is also in a position to discuss fundamental issues of safety and health at work.

4.2. Senior Labour Inspectors' Committee

Created by Commission Decision 95/315/EC of 12 July 1995, the Senior Labour Inspectors' Committee is composed of two representatives of the labour inspectorates from each Member State and is chaired by a representative of the Commission.

The Committee submits an annual report on its activities to the Commission, with particular reference to any problem relating to the enforcement or monitoring of secondary Community legislation in the field of health and safety at work. The Commission forwards the report to the Council, the European Parliament, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work.

4.3. Scientific Committee for Occupational Exposure Limits to Chemical Agents

Set up in response to a request from the Council by Commission Decision 95/320/EC of 12 July 1995, this scientific committee is required to examine the health effects of chemical agents on workers at work. Its activities are monitored by the Advisory Committee and, more particularly, by the "occupational exposure levels" group as it prepares its opinions on draft proposals for directives adopting occupational exposure limits under Directive 98/24/EC.

4.4. Social partners

A representative of the European Trade Union Confederation (ETUC) and a member of the Union of Industrial and Employers' Confederations of Europe (UNICE) are invited to attend the meetings of the Committee.

4.5. Trade Union Technical Bureau

The European Trade Union Technical Bureau for health and safety (TUTB) was set up in 1989 by the ETUC as a vehicle for keeping close track of the technical work carried out by the standardisation organisations. Backed by the European Parliament, which allocated a budget heading in 1989, the TUTB signed a multiannual agreement with the Commission in the same year. It conducts studies and supplies information tying in closely with European harmonisation and standardisation work in the field of safety and health at the workplace and with the Committee's standardisation group. A representative of the TUTB is invited to attend the Committee's meetings.

4.6. International Labour Office (ILO)

A representative of the ILO is invited to meetings of the Committee.

4.7. European Foundation for the Improvement of Living and Working Conditions

A representative of the European Foundation is invited to meetings of the Committee, which he briefs e.g. on the Foundation's work programme.

4.8. European Agency for Safety and Health at Work

Under the Decision establishing the Agency, the Committee is consulted on its annual work programme and annual report.

ANNEX A

COUNCIL DECISION

LEGAL BASIS

(Extract)

Council Decision of 27 June 1974 on the setting up of an Advisory Committee on Safety, Hygiene and Health Protection at Work (extracts):

The Council of the European Communities (...)Whereas a standing body should be envisaged to assist the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work and to facilitate cooperation between national administrations, trade unions and employers' organisations...

HAS DECIDED AS FOLLOWS:

Article 1

An Advisory Committee on Safety, Hygiene and Health Protection at Work (hereinafter called the "Committee") is hereby established.

Article 2 The Committee shall have the task of assisting the Commission in the preparation and implementation of activities in the fields of safety, hygiene and health protection at work.

Article 3

1. The Committee shall produce an annual report on its activities.

2. The Commission shall forward that report to the European Parliament, the Council, the Economic and Social Committee and the Consultative Committee of the European Coal and Steel Community.

Article 4

1. The Committee shall consist of (.) full members, there being for each Member State two representatives of the Government, two representatives of trade unions and two representatives of employers' organisations.

2. An alternate member shall be appointed for each full member. (....)

3. Full members and alternate members of the Committee shall be appointed by the Council which, in respect of representatives of trade unions and employers' associations, shall endeavour to achieve a fair balance in the composition of the Committee between the various economic sectors concerned.

4. The list of the members and alternate members shall be published by the Council in the Official Journal of the European Communities for information purposes.

Article 5

1. The term of office of full members and alternate members shall be three years. Their appointments shall be renewable.

Article 6

1. The Committee shall be chaired by a member of the Commission or, where such member is prevented from so doing and as an exception, by a Commission official to be nominated by him. The Chairman shall not vote.

2. The Committee shall meet when convened by the Chairman, either at the latter's initiative or at the request of at least one-third of its members.

4. The Committee may establish working parties under the chairmanship of a Committee member. They shall submit the results of their proceedings in the form of a report at a meeting of the Committee.

5. Representatives of the Commission's department concerned shall participate in meetings of the Committee and of working parties. Secretarial services shall be provided for the Committee and for working parties by the Commission.

Article 7

1. An opinion delivered by the Committee shall not be valid unless two-thirds of its members are present.

Article 8

The Committee shall adopt its rules of procedure, which shall enter into force after the Council, having received an opinion from the Commission, has given its approval.

ANNEX B

COMPOSITION OF THE COMMITTEE in 2001

I. GOVERNMENT REPRESENTATIVES

a) Full members

>TABLE POSITION>

b) Alternate members

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II. WORKERS' REPRESENTATIVES

a) Full members

>TABLE POSITION>

b) Alternate members

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III. EMPLOYERS' REPRESENTATIVES

a) Full members

>TABLE POSITION>

b) Alternate members

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ANNEX C

AD HOC GROUPS 2001

PLANNING

Chair : Mr Felipe MANZANO (EMPLOYERS)

Vice-Chair : Mr Marc BOISNEL (GOVERNMENT)

Rapporteur : Mr Maurice SEDES (WORKERS)

>TABLE POSITION>

Official responsible: Mr A. CAMMAROTA - Tel. 34515

ESTABLISHMENT OF EXPOSURE LEVELS

Chair : Mr Marcel WILDERS (WORKERS)

Vice-Chair : Ms Carole SULLIVAN (GOVERNMENT)

Rapporteur : Mr Jos BORMANS (EMPLOYERS)

>TABLE POSITION>

Officials responsible: Mr A. ANGELIDIS - Tel. 33747 and Dr G. ARESINI - Tel: 32260

STANDARDISATION

Chair : Mr Paul WEBER (GOVERNMENT)

Vice-Chair : Mr Tom MELLISH (WORKERS)

Rapporteur : Mr Franco GIUSTI (EMPLOYERS)

>TABLE POSITION>

Other experts:

Mr B. J. MERTENS / CENELEC

Mr André PLISSART, CEN

Official responsible: Mr A. LOMMEL - Tel. 33871

VIOLENCE AT WORK

Chair : Ms Raili PERIMÄKI (WORKERS)

Vice-Chair : Ms Natascha WALTKE (EMPLOYERS)

Rapporteur : Ms Giovanna ROCCA-ERCOLI (GOVERNMENT)

>TABLE POSITION>

Official responsible: Dr F.J. ALVAREZ HIDALGO - Tel. 34547

report ON THE europeAn agencY for sAFetY and HEaLTH at work

Chair : Mr Marc BOISNEL (GOVERNMENT)

Vice-Chair : Mr Tony BRISCOE (EMPLOYERS)

Rapporteur : Jan Toft RASMUSSEN (WORKERS)

>TABLE POSITION>

Official responsible: Mr A. LOMMEL - Tel. 33871

GUIDElines ON CHEMICAL AGENTS

Chair : Mr Sven BERGSTRÖM (WORKERS)

Vice-Chair : Mr Bent Horn ANDERSEN (GOVERNMENT)

Rapporteur : Mr Patrick LEVY (EMPLOYERS)

>TABLE POSITION>

Official responsible: Mr A. ANGELIDIS - Tel. 33747

Teleworking

Chair : Mr Alexander HEIDER (WORKERS)

Vice-Chair : Mr Alvaro DURAO (GOVERNMENT)

Rapporteur : Mr J.J.H. KONING (EMPLOYERS)

>TABLE POSITION>

Official responsible:

OCCUPATIONAL DISEASES

Chair : Mr Eric JANNERFELDT (EMPLOYERS)

Vice-Chair : Ms Maud VALAT-TADDEI (GOVERNMENT)

Rapporteur : Mr Owen TUDOR / UK (WORKERS)

>TABLE POSITION>

Official responsible: Dr ALVAREZ HIDALGO - Tel. 34547

atex

Chair : Mr Mario ALVINO (GOVERNMENT)

Vice-Chair : M Torben JEPSEN (EMPLOYERS)

Rapporteur : Mr Maurice SEDES (WORKERS)

>TABLE POSITION>

Official responsible: Mr A. FUENTE MARTIN - Tel. 32739

MULTIDISCIPLINARY SERVICES AND MEDICAL SURVEILLANCE

EDITORIAL GROUP

>TABLE POSITION>

Officials responsible: Dr ALVAREZ HIDALGO - Tel. 34547 and Dr G. ARESINI - Tel. 32260

Musculo-skeletal disorders

Chair : Mr Patrick LEVY (EMPLOYERS)

Vice-Chair : Ms Fiona MURIE (WORKERS)

Rapporteur : Mr Malcolm DARVILL (GOVERNMENT)

>TABLE POSITION>

Officials responsible: Dr ALVAREZ HIDALGO - Tel. 34547 and Dr G. ARESINI - Tel. 32260

ANNEX D

TIMETABLE 2001

>TABLE POSITION>