ANNEX

The following amendments, which received at least a quarter of the votes cast, were rejected during the discussions (Rule 59(3) of the Rules of Procedure):

AMENDMENT 2

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 3.2.1.3

Amend as follows:

Section opinion Amendment Although open-ended contracts remain the benchmark, we are seeing an increase in flexible or non-standard forms of employment, such as on-call and platform work. Because they have little influence on the way they work , workers in such forms of employment generally have to contend with poor working conditions (uncomfortable posture, excessive work rate , severe work pressure , lack of autonomy and little variety in their tasks) (1). Although open-ended contracts remain the benchmark, we are seeing an increase in flexible or non-standard forms of employment, such as on-call and platform work. Teleworking carries some risks , such as possible challenges related to : the worker becoming invisible in the work community; missing out on formal and informal support structures , personal contacts with colleagues and access to information , promotion and training opportunities; possible worsening of gender inequalities and increased risk of violence and harassment (1) , which shall be further managed to provide OSH for workers in such forms of employment .

Reason

We propose to delete part of this very general statement and use text from the consensual SOC/662 (1) that states i.a. that teleworking carries some risks, such as possible challenges related to: the worker becoming invisible in the work community; missing out on formal and informal support structures, personal contacts with colleagues and access to information, promotion and training opportunities; possible worsening of gender inequalities and increased risk of violence and harassment.

It should also be recalled that for instance, persons in flexible or platform work often have more liberties to define the hours worked. Whether work is commissioned through a platform has very little to do with work ergonomics etc. It is still the same work performance as it would be without the platform too (for example uber vs taxi driver). Also, excessive work rate-argument is not valid as in reality the situation can be quite the contrary.

Furthermore, there is no causality between having a flexible or non-standard contract and poor working conditions.

Outcome of the vote:

In favour: 101 Against: 133 Abstentions: 21

AMENDMENT 3

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 3.2.1.4

Amend as follows:

Section opinion Amendment These transitions will lead to a shift in occupational risks. Firstly, to the margins of the workforce , through the combined development of subcontracting and precarious contracts, which are less protective in terms of OSH. Then towards new vulnerabilities linked to working conditions, through the hybridisation of flexible forms of organisation and new forms of the old Taylorist practices. And finally towards new work-related problems, reflected in the endemic rise in occupational stress and related illnesses. These transitions may lead to a shift in occupational risks. Those potential risks might be addressed by placing special attention in the process of social dialogue on: Firstly, the margins of the workforce in case of subcontracting and uncertain contracts, which may be less protective in terms of OSH. Then towards new vulnerabilities linked to working conditions, through the hybridisation of flexible forms of organisation and new forms of the old Taylorist practices. And finally towards new work-related problems, reflected in the endemic rise in occupational stress and related illnesses.

Reason

By this change we are acknowledging that the shift in the forms of work requires more attention through social dialogue at the appropriate level in regard to both OSH. Also, although there might be some new vulnerabilities linked to working conditions in the new forms of work, it is important to understand that not all non-standard forms of employment, such as subcontracting are automatically less protective in terms of OSH, and might as well have the same level of OSH protection as standard form of employment.

Outcome of the vote:

In favour: 98 Against: 147 Abstentions: 17

AMENDMENT 4

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.2

Amend as follows:

Section opinion Amendment It is important to ensure that the agreements reached through SD are being properly implemented. The EESC reiterates its support (1) for the ILO recommendation (2) of one labour inspector per 10 000 workers and stresses the need to strengthen the role of trade union representatives in OSH. At all levels, the social partners must be sufficiently involved in the design and implementation of the preventive measures, in accordance with the Framework Directive. It is important to ensure that the agreements reached through SD are being properly implemented. The EESC notes the ILO recommendation (1) of one labour inspector per 10 000 workers and stresses the need to strengthen the role of social partners in OSH. At all levels, the social partners must be sufficiently involved in the design and implementation of the preventive measures, in accordance with the Framework Directive.

Reason

We propose to use ‘note’ instead of ‘supporting’. Also, in the second phrase it is correct to talk about social partners in general.

Outcome of the vote:

In favour: 103 Against: 150 Abstentions: 15

AMENDMENT 5

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.3

Amend as follows:

Section opinion Amendment With the wholesale shift to teleworking, there is a need to extend the remit of labour inspectorates. As is the case in Spain (1), inspectors should be able to carry out checks on the conditions under which teleworking is carried out, at the employee’s request and with due regard to privacy. This should include recording complaints about not being properly equipped, non-compliance with the right to disconnect, etc. With the wholesale shift to teleworking, some Member States have seen a need to extend the remit of labour inspectorates. As is the case in Spain (1), inspectors are able to carry out checks on the conditions under which teleworking is carried out, at the employee’s request and with due regard to privacy. This includes recording complaints about not being properly equipped, non-compliance with the right to disconnect, etc. The employers should be required to ensure the availability of teleworking equipment only when the employee is obliged to work from home .

Reason

While we would agree on describing a system of one particular Member State (Spain) as an example, it is not justified to propose to have that system introduced in other countries as well, given the fact that the organisation and modalities of labour inspection are a matter for the Member States.

If the employer offers already one workplace (normally office) where the employee has all the necessary equipment, there should not be an obligation to duplicate this equipment to home as well if the employer is not requiring the employee to work from home. Especially for small companies duplication of work equipment can be a big cost burden.

Outcome of the vote:

In favour: 107 Against: 149 Abstentions: 16

AMENDMENT 7

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.12

Amend as follows:

Section opinion Amendment With regard to combating work-related cancer, the EESC calls for a more ambitious position covering the 50 priority carcinogens. The scope of Directive 2004/37/EC should also be expanded to reprotoxic substances and hazardous medicinal products (1) . In addition, chronic stress increases the risk of developing cancer (2) , and night-time shift work can be a cause of breast cancer, prostate cancer and bowel cancer (3) . A risk-based approach is needed, not a methodology that sees worker protection as a cost. With regard to combating work-related cancer, the EESC welcomes the provisional agreement reached by the European Parliament and the Council at the end of 2021 on better protecting workers from risks related to the exposure to carcinogenic and mutagenic substances by updating the Carcinogens and Mutagens Directive .

Reason

It should be noted that in December 2021 the European Parliament and Council reached a provisional agreement on better protecting workers from risks related to the exposure to carcinogenic and mutagenic substances. To improve workers’ protection against cancer, the Commission had proposed in 2020 to further limit their exposure to cancer-causing chemicals. This initiative is also part of the Commission’s commitment to fight cancer under Europe’s Beating Cancer Plan. The Commission has underlined that under that agreement to update the Carcinogens and Mutagens Directive, around 1 million workers will benefit from greater safeguards due to the setting of the occupational exposure limits for acrylonitrile and nickel compounds and the lowering of the limits for benzene.

Outcome of the vote:

In favour: 98 Against: 156 Abstentions: 17

AMENDMENT 8

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.13

Amend as follows:

Section opinion Amendment MSDs remain the biggest OSH problem in the EU. At company level, prevention will only be effective if there is high-quality SD and a well-functioning health and safety committee (where these exist). SD at sectoral level can also play its part, through specific guidelines, awareness-raising and the exchange of experience, and the dissemination of good practices. At European level, the development of a comprehensive, long-term and integrated policy requires the reactivation of the draft MSD Directive . MSDs remain the biggest OSH problem in the EU. At company level, prevention can be more effective if there is high-quality SD and a well-functioning health and safety committee (where these exist). SD at sectoral level can also play its part, through specific guidelines, awareness-raising and the exchange of experience, and the dissemination of good practices. At European level, the development of a comprehensive, long-term and integrated policy requires taking measures as indicated in the Commission EU strategic framework on health and safety at work 2021 — 2027 Occupational safety and health in a changing world of work .

Reason

The Commission strategy i.a. includes the aim of the Commission to make psychosocial and ergonomic risks part of the healthy workplaces campaign.

Outcome of the vote:

In favour: 95 Against: 161 Abstentions: 16

AMENDMENT 9

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.14

Amend as follows:

Section opinion Amendment The incomplete implementation of the 2004 autonomous framework agreement on work-related stress underlines the need for European PSR legislation . The EESC points out that an effective preventive approach requires action to be taken on the factors involved — namely the organisation of work. An approach focused on the mental health of the individual will not reduce work-related stress. The EESC calls for strengthening the role of social partners in awareness raising and prevention measures of PSR. PSRs need to be addressed primarily at work-place/company level, there is no one-size-fits all solution that would work well in all companies or Member States as the problems are also different. According to the implementation report prepared by the signatories of the framework agreement , despite the different challenges and obstacles, implementation of the European framework agreement and the reports themselves clearly contribute an important added value in the area of work-related stress and the development of social dialogue (1). The EESC points out that an effective preventive approach requires action to be taken on the factors involved — namely the organisation of work. An approach focused on the mental health of the individual will not reduce work-related stress . PSRs are a complex issue with different impact factors such as working conditions, workload management, work relationships but also individual capabilities.

Reason

We should here diverge the approach more towards strengthening the role of social partners in awareness raising and prevention measures of PSR. PSRs need to be addressed primarily at work-place/company level, there is no one-size-fits all solution that would work well in all companies or Member States as the problems are also different.

We do not agree with the need for legislation but agree with the approach of the Commission to prepare, in cooperation with Member States and social partners, a non-legislative EU-level initiative related to mental health at work that assesses emerging issues related to workers’ mental health.

Finally, There is an implementation report prepared by the signatories of the autonomous framework agreement on work related stress https://www.businesseurope.eu/sites/buseur/files/media/imported/2008-02495-E.pdf, which states i.a. that ‘Despite the different challenges and obstacles, implementation of the European framework agreement and the reports themselves clearly contribute an important added value in the area of work-related stress and the development of social dialogue.’

Outcome of the vote:

In favour: 97 Against: 159 Abstentions: 14

AMENDMENT 10

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.16

Amend as follows:

Section opinion Amendment The EESC is disappointed that self-employed workers have been excluded from the scope of the strategic framework. Some so-called self-employed platform workers are in fact subject to an employer-employee relationship with the platform via algorithmic management . The pandemic has highlighted the vulnerability of these workers and the shortcomings of platforms in terms of prevention. The exposure of these workers to uncontrolled risks , as a result of their exclusion from the strategic framework , is a situation that should not continue . The EESC notes that self-employed workers are not in the scope of the strategic framework. The EESC has earlier recommended that a study be carried out in useful time involving the Commission, experts and the social partners, to find the best solution with due regard for the principle that all self-employed must also have a safe and healthy working environment . Furthermore, the EESC notes that the Council recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers (1) recommends that Member States promote , in the context of their policies on preventing occupational accidents and diseases, the safety and health of self-employed workers , while taking account of the special risks existing in specific sectors and the specific nature of the relationship between contracting undertakings and self-employed workers.

Reason

On 9 December the Commission adopted its proposal on the Directive on improving working conditions in platform work. There will be a separate EESC opinion (SOC/709) prepared on that proposal and therefore the issues should not be addressed in this opinion.

The text should refer to the Council recommendation of 18 February 2003 concerning the improvement of the protection of the health and safety at work of self-employed workers.

Outcome of the vote:

In favour: 99 Against: 162 Abstentions: 14

AMENDMENT 11

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.17

Amend as follows:

Section opinion Amendment The EESC stresses the asymmetric relationships between the platforms and these workers , and points out that freedom of association and the right to collective bargaining are fundamental rights. Proper organisation and representation are vital in order to facilitate SD and collective bargaining . Moreover, social protection rights should be extended to these workers . The EESC notes that special attention shall be devoted to safeguard a fair relationship between the platforms and those conducting work through platforms , and points out that freedom of association and the right to collective bargaining are fundamental rights. Proper organisation and representation are vital in order to facilitate SD and collective bargaining.

Reason

The amendment recognises the need to safeguard fair relationship between platform and those who use platforms to conduct work performances, be it as a worker or as an entrepreneur/self-employed. The amendment also corrects the incorrect assumption that all those working through platforms are workers as they might also be self-employed or entrepreneurs.

Outcome of the vote:

In favour:

Against:

Abstentions:

9715715

AMENDMENT 12

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 4.22

Amend as follows:

Section opinion Amendment The benefits of teleworking depend on how it is organised by the employer. Teleworking should be regulated by collective bargaining in order to prevent the difficulties that have been identified in numerous surveys (1). The European Framework Agreement signed in 2002 is not suited to meeting these new challenges . The EESC recommends that new guidelines be drawn up, with a particular focus on PSR and MSDs . As stated in the 2002 framework agreement, telework is voluntary for the worker and the employer concerned. Teleworking may be required as part of a workers’ initial job description or it may be engaged in as a voluntary agreement subsequently. The benefits of teleworking depend i.a. on how it is organised and agreed upon by the employer and the employee . Teleworking can be regulated by collective bargaining for instance in order to prevent the difficulties that have been identified in numerous surveys (1). The European Framework Agreement signed in 2002 is still valid to meet these new challenges.

Reason

The 2002 European Framework Agreement is still suited to meet the challenges posed by teleworking.

Outcome of the vote:

In favour:

Against:

Abstentions:

9615720

AMENDMENT 13

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.4

Amend as follows:

Section opinion Amendment The 2002 European Framework Agreement is not suited to meeting the new challenges posed by teleworking . The EESC recommends that new guidelines be drawn up, with a particular focus on preventing psychosocial risks (PSR) and musculo-skeletal disorders (MSDs) . The 2002 European Framework Agreement , complemented by the EU SP Framework Agreement on Digitalisation from 2020, provide sound ground for meeting the new challenges posed by teleworking.

Reason

The 2002 European Framework Agreement is still suited to meet the challenges posed by teleworking.

Outcome of the vote:

In favour:

Against:

Abstentions:

9315517

AMENDMENT 14

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.10

Amend as follows:

Section opinion Amendment The EESC calls for a system to be put in place to assess the impact of the legislative initiatives, collective agreements and European action plans in this area , and reiterates its recommendation (1) of one labour inspector for every 10 000 workers. The EESC calls for further efforts to assess the impact of the legislative initiatives, collective agreements and European action plans in this area.

Reason

There is already systems for impact assessments. Also the framework agreements have their own implementation follow-up.

As stated by the EC, occupational disease is a matter closely linked to social security, which is a national competence. On labour inspectorates: there is also the qualitative aspect and the fact that in ILO language labour inspection is not just health and safety but also other labour inspections (social, undeclared work, labour admin, etc.)

Since the pandemic and as the number of physical labour inspections declined in some Member States due to sanitary measures, digital tools were introduced to facilitate the carrying out inspections virtually (or at least some parts of the inspection can be done virtually). These new working methods can also increase the efficiency of the labour inspections. It is up to the Member States to decide how to organise labour inspections.

Outcome of the vote:

In favour:

Against:

Abstentions:

9615416

AMENDMENT 15

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.12

Amend as follows:

Section opinion Amendment With regard to combating work-related cancer, the EESC calls for a more ambitious position covering the 50 priority carcinogens, as well as reprotoxic substances and hazardous medicinal products, and including stress (1) and shift work[2] (2) . With regard to combating work-related cancer, the EESC welcomes the provisional agreement reached by the European Parliament and the Council at the end of 2021 on better protecting workers from risks related to the exposure to carcinogenic and mutagenic substances by updating the Carcinogens and Mutagens Directive .

Reason

It should be noted that in December 2021 the European Parliament and Council reached a provisional agreement on better protecting workers from risks related to the exposure to carcinogenic and mutagenic substances. To improve workers’ protection against cancer, the Commission had proposed in 2020 to further limit their exposure to cancer-causing chemicals. This initiative is also part of the Commission’s commitment to fight cancer under Europe’s Beating Cancer Plan. The Commission has underlined that under that agreement to update the Carcinogens and Mutagens Directive, around 1 million workers will benefit from greater safeguards due to the setting of the occupational exposure limits for acrylonitrile and nickel compounds and the lowering of the limits for benzene.

Outcome of the vote:

In favour:

Against:

Abstentions:

9815617

AMENDMENT 16

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.13

Amend as follows:

Section opinion Amendment The EESC calls for EU legislation on PSR. An effective preventive approach requires action to be taken with regard to the working environment rather than focusing solely on the mental health of the individual. The EESC calls for more attention and extra effort on strengthening the role of social partners in awareness raising and prevention measures of PSR . PSRs need to be addressed primarily at work-place/company level, there is no one-size-fits all solution that would work well in all companies or Member States as the problems are also different. According to the implementation report prepared by the signatories of the framework agreement, despite the different challenges and obstacles, implementation of the European framework agreement and the reports themselves clearly contribute an important added value in the area of work-related stress and the development of social dialogue . An effective preventive approach requires action to be taken with regard to the working environment rather than focusing solely on the mental health of the individual. However, PSRs are a complex issue with different impact factors such as working conditions, workload management, work relationships but also individual capabilities .

Reason

Legislation is not the remedy for everything. We should here diverge the approach more towards strengthening the role of social partners in awareness raising and prevention measures of PSR. PSRs need to be addressed primarily at work-place/company level, there is no one-size-fits all solution that would work well in all companies or Member States as the problems are also different.

We do not agree with the need for legislation but agree with the approach of the Commission to prepare, in cooperation with Member States and social partners, a non- legislative EU-level initiative related to mental health at work that assesses emerging issues related to workers’ mental health.

There is an implementation report prepared by the signatories of the framework agreement https://www.businesseurope.eu/sites/buseur/files/media/imported/2008-02495-E.pdf which states i.e. that ‘Despite the different challenges and obstacles, implementation of the European framework agreement and the reports themselves clearly contribute an important added value in the area of work-related stress and the development of social dialogue.’

PSRs are a complex issue with different impact factors such as working conditions, workload management, work relationships but also individual capabilities.

Outcome of the vote:

In favour:

Against:

Abstentions:

9915218

AMENDMENT 17

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.14

Amend as follows:

Section opinion Amendment The EESC considers that the development of a comprehensive, long-term and integrated prevention policy requires the reactivation of the draft MSD Directive . The EESC considers that the development of a comprehensive, long-term and integrated prevention policy requires taking measures as indicated in the Commission EU strategic framework on health and safety at work 2021 — 2027 Occupational safety and health in a changing world of work .

Reason

The Commission strategy i.a. includes the aim of the Commission to make psychosocial and ergonomic risks part of the healthy workplaces campaign.

Outcome of the vote:

In favour:

Against:

Abstentions:

9516116

AMENDMENT 18

Tabled by:

ANGELOVA Milena

GAVRILOVS Vitālijs

KONTKANEN Mira-Maria

PILAWSKI Lech

VADÁSZ Borbála

SOC/703 — Social dialogue as a tool to promote health and safety at work

Point 1.16

Amend as follows:

Section opinion Amendment The EESC calls for platform workers to be included in the scope of the strategic framework. The right to organise, be represented and to engage in collective bargaining should be guaranteed, and social protection rights extended to these workers . The EESC notes that Commission has adopted of 9 December its proposal on Directive on improving working conditions in platform work. There will be a separate EESC opinion (SOC/709) prepared on that proposal .

Reason

The Commission has adopted on 9 December its proposal on Directive on improving working conditions in platform work. There will be a separate EESC opinion (SOC/709) prepared on that proposal and therefore the issues should not be addressed in this opinion.

Outcome of the vote:

In favour:

Against:

Abstentions:

10415216

(1) Bérastégui P. (2021) , Exposure to Psychosocial Risk Factors in the Gig Economy: A Systematic Review . ETUI Research Report 2021. 01 .

(1) OJ C 220, 9.6.2021, p. 13-25 .

(1) Not yet published in the Official Journal.

(1) https:/www.eesc.europa.eu/en/our-work/opinions-information-reports/opinions/health-safety-work-eu-strategic-framework-2021-2027

(2) https://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf

(1) https://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf

(1) https://ec.europa.eu/social/ajax/BlobServlet?docId=23324&langId=en

(1) https://ec.europa.eu/social/ajax/BlobServlet?docId=23324&langId=en

(1) A chemical which may impair the fertility of a man or woman or impair the development of an unborn child.

(2) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7466429/

(3) https://www.cancer-environnement.fr/597-Vol-124--Cancerogenicite-du-travail-de-nuit-poste.ce.aspx.

(1) https://www.businesseurope.eu/sites/buseur/files/media/imported/2008-02495-E.pdf

(1) https://op.europa.eu/en/publication-detail/-/publication/1fd9fbe0-1ee4-4928-a47d-4404b5301bbd

(1) https://www.eurofound.europa.eu/data/covid-19/working-teleworking.

(1) https://www.eurofound.europa.eu/data/covid-19/working-teleworking.

(1) SOC/698 .

(1) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7466429/.

(2) [2] https://www.cancer-environnement.fr/597-Vol-124--Cancerogenicite-du-travail-de-nuit-poste.ce.aspx