EN Official Journal of the European Union CE 65/217

(2004/C 65 E/232)

WRITTEN QUESTION E-2785/03

by Armando Cossutta (GUE/NGL) to the Commission

(17 September 2003)

Subject: Fatal accidents at work

Every day and increasingly frequently accidents occur at the workplace. More and more people are being killed, seriously injured or disabled. These accidents are mainly caused by failure on the part of businesses to comply with requirements concerning the safety of workers, as well as by an increasingly hectic pace of work and a heavy workload. For these reasons such accidents are aptly referred to in Italian as ‘omicidi bianchi’ (white murders).

In view of the legal bases the Commission needs to take action in this area, it may consider that various provisions on the subject, including criminal liability, have an impact on distortions of the rules of competition.

What steps will the Commission take to harmonise legislation on safety at the workplace, the criminal liability of negligent employers who cause such fatal accidents and compensation for victims' families?

Answer given by Mr Diamantopoulou on behalf of the Commission

(15 October 2003)

The Commission agrees with the Honourable Member that the reduction of occupational accidents, and in particular fatal ones, should be a priority. In line with this, Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1) imposes on the employer the obligation to be in possession of an assessment of the risks to safety and health at work. In carrying out this obligation, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organisation and means.

Moreover, the employer, as provided in this Directive, should keep a list of occupational accidents resulting in a worker being unfit for work for more than three working days. The same Directive establishes that the employer shall draw up, for the responsible authorities and in accordance with national laws and/or practices, reports on occupational accidents suffered by his workers.

Several other health and safety Directives have a role in occupational accident prevention. For example: Council Directive 89/654/EEC of 30 November 1989 concerning the minimum health and safety requirements for the workplace (2) and Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (3).

As the Honourable Member is aware, Union Directives on health and safety at work have to be transposed into national law. It is the responsibility of national authorities to ensure adequate controls and supervision of the implementation of the national legislation. The Commission does not enjoy any powers in the field of criminal law, or in relation to compensation schemes in case of occupational accidents, which fall entirely within the responsibility of national authorities.

(1) OJ L 183, 29.6.1989.

(2) OJ L 393, 30.12.1989.

(3) OJ L 393, 30.12.1989.