Report from the Commission - 23rd Annual Activity Report of the advisory Committee on safety, hygiene and health protection at work (1998)
Date: 2000-03-14
Institutions: European Commission
Subjects: activity report, advisory committee (EU), occupational health, occupational safety

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.03.2000
COM(2000) 132 final

REPORT FROM THE COMMISSION

23rd ANNUAL ACTIVITY REPORT OF THEADVISORY COMMITTEE ON
SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK

1998

REPORT FROM THE COMMISSION

23rd ANNUAL ACTIVITY REPORT OF THEADVISORY COMMITTEE ON
SAFETY, HYGIENE AND HEALTH PROTECTION AT WORK

1998

2

TABLE OF CONTENTS

1. CHARACTERISTICS OF THE COMMITTEE ..................................................... 5

1.1.

1.2.

Origin, competence and remit ....................................................................... 5

Structure, procedure ..................................................................................... 5

2. ACTIVITIES IN 1998 ........................................................................................... 6

2.1.

2.2.

22nd activity report of the Advisory Committee ........................................... 7

Opinions adopted ......................................................................................... 7

2.2.1.

Opinion of the Committee (document 5213/98) on the establishment of
harmonised standards on waste water engineering products (draft mandate 37/97
to CEN/CENELEC) and floorings (draft mandate 38/97 to CEN/CENELEC) ....... 7

2.2.2.

Opinion of the Committee (Annex II of document 0124/99) on the Mid-
term report on the Community programme concerning safety, hygiene and
health at work (1996-2000) (COM(98/0511) ........................................................ 7

2.2.3.

Opinion of the Committee (document 730/2/97) on “Implementation of
the part of the Community programme on health and safety at work (1996-
2000) concerning “Training” – Recommendations on training in the field of
health and safety at work which could include the needs of young persons, who
are the workers of the future" ........................................................................... 10

2.2.4.

Opinion of the Committee (document 5832/1/98) on the “Commission’s
proposal for methodology for the economic and social appraisal of safety and
health legislation in force and procedure for assessing the European health
and safety directives using this methodology and methods already used in the
Member States”.................................................................................................. 10

2.2.5.

Opinion of the Committee on the draft work programme for the Bilbao
Agency for 1999.................................................................................................. 11

3. ACTIVITIES OF THE AD HOC GROUPS/END-OF-YEAR STRUCTURE....... 12

3.1.

Ad hoc Groups active in 1998 and continuing their activities in 1999 ......... 12

3.1.1.

3.1.2.

3.1.3.

3.1.4.

work

3.1.5.

3.1.6.

3.1.7.

Standardisation....................................................................................... 12

Occupational exposure levels.................................................................. 12

Self-employed workers........................................................................... 13

Multidisciplinary protective and preventive services/Health surveillance at
............................................................................................................... 13

Prevention of violence at work ............................................................... 13

Machinery .............................................................................................. 13

Health and safety management systems .................................................. 14

3.2.

Disbandment of ad hoc Groups................................................................... 14

3

3.2.1.

3.2.2.

3.2.3.

Scaffolding............................................................................................. 14

Training.................................................................................................. 14

Economic and social appraisal of health and safety legislation................ 14

4. COOPERATION WITH OTHER BODIES ......................................................... 15

4.1.

4.2.

4.3.

4.4.

4.5.

4.6.

4.7.

4.8.

Safety and Health Commission................................................................... 15

Senior Labour Inspectors’ Committee......................................................... 15

Scientific Committee for Occupational Exposure Limits to Chemical Agents15

Social partners............................................................................................ 15

Trade Union Technical Bureau ................................................................... 15

International Labour Office ........................................................................ 16

European Foundation.................................................................................. 16

Bilbao European Agency ............................................................................ 16

ANNEX A ........................................................................................................................... 17

ANNEX B ........................................................................................................................... 19

ANNEX C ........................................................................................................................... 23

ANNEX D ........................................................................................................................... 28

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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:

(1)

(2)

(3)

(4)

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

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

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

to define, within the framework of Community action programmes, and in cooperation
with the Mines Safety and Health Commission:

– the criteria and aims underpinning action to combat the risk of accidents at work and health

hazards within the working environment,

– the methods whereby companies and their employees can evaluate and improve the level

of protection;

(5)

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 with a view to exchanging experience
and laying down codes of practice.

1.2.

Structure, procedure

two government

The Committee is a tripartite body made up of full members comprising, for each Member
State,
trade unions and two
representatives of employers’ organisations. An alternate member is appointed for each full
member. The full members 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.

two representatives of

representatives,

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

5

The Committee may set up ad hoc Groups chaired by a Committee member, which present
the results of their activities in the form of a report to a meeting of the Committee.

The Committee produces an annual report on its activities, which the Commission forwards to
the European Parliament,
the Economic and Social Committee and the
the Council,
Consultative Committee of the European Coal and Steel Community.

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.

Contact between the members of the governmental interest Group is maintained through a
member of the Committee representing the Government whose country holds the Council
Presidency. The employers’ representatives on the Committee keep in touch through the
Union of Industrial and Employers’ Confederations of Europe (UNICE) and the workers’
representatives through the trade-union organisation at Community level, the European Trade
Union Confederation (ETUC).

The Commission provides secretarial services for the Committee and the ad hoc Groups. The
Secretariat comes under Directorate-General V (Unit V/F/5).

2.

ACTIVITIES IN 1998

On 7 July 1997, the Council, acting on a proposal from the Member States, appointed the full
members and alternate members of the Committee for the period from 7 July 1997 to
6 July 2000, with the previous term of office having run from 4 March 1994 to 3 March 1997.
The list showing the members in 1998 is contained in Annex B.

In 1998 the Committee met on two occasions in Luxembourg in April and October. At each
meeting the Commission informed the Committee of developments with regard to all the
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 were held during the
year.

Progress made by the Committee in its activities during 1998 mirrored the work undertaken
by the Commission in accordance with the Community programme covering the period from
1996 to 2000.

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

Twenty-one meetings were organised to accommodate the activities of the ten ad hoc Groups
set up to investigate specialised areas on which the Committee wished to give an opinion.

6

The Committee disbanded three ad hoc Groups on Scaffolding, Training and Economic and
Social Appraisal of Health and Safety Legislation, whose work had come to an end.

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

The Committee adopted the annual report for 1997 and five opinions, which are reviewed in
section 2.2 of this report, and studied the subjects which could make up its programme of
work for 1999.

2.1.

22nd activity report of the Advisory Committee

document 5210/2/98

The Committee adopted its 22nd report, covering activities in 1997, at its 56th meeting held
on 29 April 1998.

2.2.

Opinions adopted

2.2.1. Opinion of the Committee (document 5213/98) on the establishment of harmonised
(draft mandate 37/97 to

standards on waste water engineering products
CEN/CENELEC) and floorings (draft mandate 38/97 to CEN/CENELEC)

in which it considered that

On 29 April 1998 the Committee adopted an opinion on the draft mandates for
standardisation,
the draft standardisation mandates
(documents 37/97 and 38/97) did not take sufficient account of the occupational
health and safety problems posed by the presence of dangerous substances in the
products concerned, and in particular of the formal asbestos ban in certain Member
States.

2.2.2. Opinion of the Committee (Annex II of document 0124/99) on the Mid-term report
on the Community programme concerning safety, hygiene and health at work
(1996-2000) (COM(98/0511)

On 5 November the Advisory Committee adopted the following opinion to highlight
the positive role that the Advisory Committee wishes to play in the field of safety,
hygiene and health at work.

As regards the need to reflect a changing European Community, the Advisory
Committee recognises that the mid-term report is delivered at a time of change in the
European Union as well as within the structures of the Commission.

The ongoing enlargement of the European Union, particularly to central and eastern
European countries, means that greater resources will inevitably be directed by the
Commission to ensuring that those countries are able to improve and maintain their
health and safety systems so that they can comply with European Directives on
health and safety. The ACSHH believes this to be the right approach. Failure to
support the applicant countries could result in a lowering of standards throughout the
European Community. The members of the ACSHH stress that the social partners
have a part to play in this process.

The members believe that there is a role for the ACSHH in the Commission’s work
on the applicant countries but that this needs to be defined. In order to ensure that
there is an open dialogue between the ACSHH and the applicant countries, the latter

7

should be granted observer status to the ACSHH. This would lead to a formal
structure for dialogue being established which would enable both the applicant
countries to understand what would be required of them in the field of health and
safety, and the Advisory Committee to understand the difficulties which applicants
may face and to suggest programmes which may help them to overcome those
difficulties.

The Advisory Committee recognises that with the expansion of the ACSHH it may
be necessary to look at the structure of the Committee and the way in which it
organises its work. The Commission should report to the Advisory Committee on the
implications of the expansion of the Community and how this will affect the working
arrangements of the Advisory Committee.

The changing nature of work: the nature of work is also changing with, for
instance, greater use of contracting and subcontracting as well as the expansion of
the self-employment sector. The use of
teleworking has also brought about
significant changes in the way we work, expanding the scope for homeworking.

The Advisory Committee recognises that it needs to better understand what these
changes involve and their impact on workers’ health and safety.

However, the ACSHH does need to ensure that this element of today’s employment
market is taken into account when considering the future of its work programme. The
changing nature of work must be objectively studied in order to ensure that
appropriate measures are defined and applied.

Ensuring a safe and healthy working environment requires close collaboration
representatives. The
between company management,
economic and social challenges of the present era more than ever require effective
implementation of these mechanisms.

their workers and their

The Advisory Committee looks to the Commission to advise and assist it in this
work. It is concerned to safeguard the health, safety and welfare of all people at
work.

is changing, the Advisory Committee is
In reflecting on the way employment
concerned about the relationship between health and safety and employment policy.
The ACSHH does not want to consider the issues of disability and early retirement,
as other agencies may be more able and more appropriate to deal with them. The
Advisory Committee believes that
its work should focus more on the issues
surrounding adaptability, i.e. changing work to fit the worker, and prevention.

Small and medium-sized enterprises (SMEs) predominate in the European Union,
and the work of the Advisory Committee must reflect the needs of this important
category of enterprises. The Advisory Committee welcomes the Commission’s
initiatives in this area referred to in the report. It would wish to ensure that its work
reflects the needs of SMEs in a positive manner, providing them with the appropriate
information and advice, such as examples of best practice, so as to promote the
benefits of good health and safety management in SMEs.

The Committee is aware that the Commission, following the Amsterdam Treaty, will
be required to consult the social partners on a range of social issues, including
health and safety. The Advisory Committee wishes to consider the part it has to play

8

in effectively implementing the Amsterdam Treaty. Without prejudice to the social
partners’ prerogatives, the ACSHH has a genuine part to play in the process of
framing and implementation of health and safety policy.

The members of the ACSHH are of the opinion that practical experience of
application of the procedures provided for by the Amsterdam Treaty will help to
better identify the questions that require an appropriate answer. They are committed
to examining these issues together with the Commission, with the objective of
defining efficient responses and avoiding pointless duplication of work.

As regards legislation, the ACSHH recognises that the legislative programme is
important to ensure that the prevention principles defined in the framework Directive
are put into practice. This needs to be followed up by close monitoring of its
implementation in the Member States.

The ACSHH would also wish to ensure that there is tripartite involvement in both the
implementation and monitoring processes.

Through the Commission, the Advisory Committee should be assessing both the
scope and nature of EC health and safety legislation and where and how existing
legislation is not being implemented in full, with due recognition of each national
system. Shortcomings at both European and national level may not always need to be
addressed by further legislation, but perhaps by guidance, training, research or other
forms of support and advice which will ensure that the objectives are achieved in
practice.

The Commission clearly needs to improve the methods used in impact studies. Any
impact study must go beyond merely what is said on paper and consider how that
legislation has affected the health and safety performance of industry.

As far as priorities in the work programme are concerned,
the Advisory
Committee is generally agreed on the principal priorities set out in the Commission’s
mid-term report – effective legislation, enlargement, employability (all of which
have been referred to above) and new risks. Within these general headings the
Advisory Committee has noted the Commission’s priorities and will take them into
account when drawing up its own work programme for next year.

Changes within the Commission’s structure: as well as looking at the changes
which are occurring in the European Community in terms of the nature of work and
membership of the EC, the Advisory Committee is also aware of the changes which
have occurred in the structures of the EC and in particular Directorate-General V.

The Committee is aware that a number of bodies have been established, such as the
Senior Labour Inspectors' Committee, which also advise the Commission on health
and safety policy. The ACSHH believes that it is important that it remains the
primary tripartite body for advising the Commission on the promotion of health,
safety and welfare at work in the European Union.

The Advisory Committee is concerned to have assurances that the work of the
ACSHH will not be affected unduly by the restructuring and that the staffing and
resources available to the Advisory Committee are not diminished but will reflect the
increase in the wide variety of demands placed on the Committee, and thus in turn
the Secretariat, by the work programme and the priorities identified in this opinion.

9

2.2.3. Opinion of the Committee (document 730/2/97) on “Implementation of the part of
the Community programme on health and safety at work (1996-2000) concerning
“Training” – Recommendations on training in the field of health and safety at
work which could include the needs of young persons, who are the workers of the
future"

In November 1996 the Committee set up an ad hoc Group on “training” to advise it
on:

– the implementation of the part of the Community programme on health and safety
at work concerning training and in particular in relation to the preparation of a
reference document which would act as a basis for recommendations on training
in the field of health and safety at work and which would include the needs of
young persons, who are the workers of the future;

– the implementation of future accompanying measures at European level.

On 5 November 1998 the Committee adopted a report focusing on the following
items:

A draft reference document on improving awareness of occupational hazards and on
risk prevention by means of education and training.

A draft recommendation on education and training in risk prevention.

A draft on future priorities and action.

The Committee considers that training activities require an adequate risk prevention
programme. It accordingly suggests that the Commission in conjunction with the
Advisory Committee should launch initiatives and actions designed to monitor and
stimulate the development of training activities in the various fields referred to in the
previous chapters.

2.2.4. Opinion of the Committee (document 5832/1/98) on the “Commission’s proposal for
methodology for the economic and social appraisal of safety and health legislation
in force and procedure for assessing the European health and safety directives
using this methodology and methods already used in the Member States”

On 5 November 1998 the Committee adopted its opinion, which can be summarised
as follows:

(1)

Socio-economic appraisal (SEA) can play a vital part in good health and
safety legislation. It should inform the political debate on the costs, which
most often accrue to enterprises, as well as on the benefits for society. As its
aim is to create transparency and not to provide an alternative to political
responsibility, a practical and proportional approach is preferred. In many
cases, a simple analysis based on existing data and the professional
judgement of the responsible officials will produce the information necessary
for further debate. In the past, social and economic appraisal at European
level has not been satisfactory for employers, workers or governments. Our
recommendations are designed to rectify such problems by making the
process more realistic.

10

(2)

(3)

(4)

The aim of transparency is served best if a piece of legislation or regulation is
analysed at an early stage. The aspects of (1) the costs and benefits to
businesses, (2) the benefits for individual workers and (3) the benefits for
society as a whole should be treated separately, in order to be able to cope
with the differing methodological needs of these aspects.

legislation require different methodological

The choice of the baseline, the assumptions made and their relevance for the
results are to be made transparent in the analysis. This will allow a
“learning by doing” approach to be adopted. The AHG thought it unwise to
limit the choice of those responsible for drawing up a SEA, as different pieces
of
is
particularly true when it comes to taking into account different national
balance between
legislative or
comparability of national assessments and flexibility in taking into account
these particularities has to be found on a case-by-case basis. In most cases,
however, a harmonised set of assumptions,
together with a common
methodology, might be necessary. Where levels of compliance with existing
legislation in the area of a proposed Directive are low, assessments should
distinguish between the costs of satisfying existing standards, and the
additional costs of implementing the new proposals.

traditions. Here,

approaches. This

social

right

the

A SEA should be prepared in a two-step process. The first step should
provide policymakers with a rough picture of the costs and benefits of the
intended piece of legislation. Only if this rough analysis, which should be
made by the Commission department responsible for drafting the legislation
together with the relevant national authorities, shows major cost effects or
major uncertainties concerning the possible benefits, should the Commission
move to a more in-depth analysis. At this stage more data from companies
should be gathered and a more thorough analysis of possible benefits should
be made. The AHG proposes that the first analysis should be made as soon
as a proposal is sufficiently stable, and submitted to the ACSHH. The
second analysis should only be made if a proposal is particularly burdensome
or if the first does not provide sufficiently accurate information on either
costs or benefits. It should include consultation with national authorities as
to be
well as with social partners on possible interpretation of the text
analysed, particularly concerning the measures to be taken by employers to
implement it.

2.2.5. Opinion of the Committee on the draft work programme for the Bilbao Agency for

1999

As stipulated in the Regulation establishing the Bilbao Agency, the draft work
programme of the Agency for 1999 prepared by its Director was put before the
Committee after being submitted to the Agency’s Administrative Board. The views
expressed by the interest Groups in the presence of the Agency’s Director may be
summed up as follows:

Whilst acknowledging that the main thrust of the programme and the ideas it sets out
comply with the Regulation establishing the Agency, the three Groups think that the
programme is too ambitious and cannot be completed, in view inter alia of the fact
that there is still a backlog from the previous programme. They feel that the Agency
and its Administrative Board need to prioritise the aims set out in the programme.

11

The draft programme for 1999, which rather suggests that there is no problem that
the Agency is not going to tackle, prompts some concern amongst the social partners,
who wish to see more clarity and transparency in defining where the Agency should
be active. In particular, the Agency's and the Commission's respective spheres of
responsibility should be properly demarcated. The employers’ Group wants to see
serious consideration of how the Advisory Committee is to be kept informed about
the tasks entrusted to the Agency. The workers’ Group emphasises that it would like
to see a clearer definition of procedures, personnel, timetable and participation in
activities and think that procedures should be established to identify the needs of the
Agency’s users.

Finally, some delegations said they were concerned about the transfers of work from
the Commission to the Agency and the Agency to the administrations of the Member
States, which were being inundated with requests from the Agency, and asked for
such transfers to become more transparent.

3.

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

3.1.

Ad hoc Groups active in 1998 and continuing their activities in 1999

3.1.1.

Standardisation

The activities of this Group are of an ongoing nature. The Committee instructs the
Group 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.

The Group met on three occasions in 1998 and discussed seven draft standardisation
mandates. A draft opinion was prepared on two draft standardisation mandates to
CEN/CENELEC (see section 2.2.1). The Group also prepared a draft opinion on the
CEN document “Assessment of the CEN feasibility study on drawing up a guide to
select personal protective equipment”, which will be presented for adoption at the
next meeting of the Committee.

3.1.2. Occupational exposure levels

This Group is consulted on the fixing of priorities in respect of substances for which
occupational exposure levels should be established. It monitors the work of the
Scientific Committee for Occupational Exposure Limits (section 4.3) and prepares
opinions on the establishing of occupational exposure levels. It gives progress reports
at meetings of the Committee.

The Group met on four occasions in 1998 and examined a draft proposal for a
Commission Directive establishing an initial list of occupational exposure limits,
implementing Council Directive 98/24 on the protection of health and safety of
workers exposed to chemical agents at work. In particular, the Group looked at
whether the annex of the draft Directive should include the lists adopted in
Commission Directives 91/322 and 96/94 and a list of new substances, either studied
by the Group when a third list of limit values was being prepared or recommended
by the SCOEL and not yet included.

The Group’s activities will continue in 1999.

12

3.1.3.

Self-employed workers

This Group was set up in November 1996 and met once in 1998. It was created to
study the draft “proposal for a Council recommendation concerning the application
of legislation for the safety and health at work of self-employed workers” (document
0522/96). Following the first report from the Group, the European Agency for Safety
and Health at Work (Bilbao) sent a questionnaire to Member States on behalf of the
Commission on the way in which safety and health legislation was applied for self-
employed workers. The results of the questionnaire, which took the form of the
Member States' responses, were passed on to the Group which re-examined the
Commission’s proposal in the light of this additional information. A new draft
opinion will be submitted to the Committee for discussion and adoption at its next
meeting.

3.1.4. Multidisciplinary protective and preventive services/Health surveillance at work

This is an amalgamation of two previous Groups, the terms of reference of which
were confirmed in November 1996.

The aim of this Group is to investigate the problems encountered and the experience
acquired in setting up multidisciplinary protective and preventive services for
employees in all sectors, industries and undertakings, public or private.

A further task of the Group is to analyse how health monitoring of workers is carried
out in the various Member States.

The Group met on two occasions and the editorial Group on one occasion in 1998.
Their activities are at an advanced stage and are expected to be completed in 1999.

3.1.5.

Prevention of violence at work

One of the measures provided for in action 3 of the Community programme is to
“analyse action which needs to be taken at Community level to prevent violence at
the place of work”. For this reason the Group was set up as a preliminary measure
and did not meet in 1998.

3.1.6. Machinery

The task of this Group was to prepare an opinion on a draft proposal for a Council
Directive on harmonising Member State legislation on machinery.

Directive 89/392/EEC on harmonising legislation on machinery has major
implications for safety and health at work. Besides the direct effects attributable to
new machinery,
impact under Directive 89/655/EEC
concerning the minimum health and safety requirements for the use of work
equipment by workers.

there may be an indirect

3.1.7. Health and safety management systems

The purpose of this Group is to advise and assist the Commission in the development
and to make
of guidelines
recommendations for applying them. The Group met for the first time in 1998 and
will continue its activities in 1999.

for health and safety management

systems

13

3.2.

Disbandment of ad hoc Groups

The Commission decided to disband three Groups whose work had been completed.

3.2.1.

Scaffolding

Set up in May 1996, the Group’s remit was to prepare a Committee opinion on a
draft proposal for a Council Directive on scaffolding.

The Committee adopted the opinion in 1997 and the Group was formally disbanded
on 29 April 1998.

3.2.2.

Training

The Group was set up in November 1996 to advise the Committee on the
implementation of the “Training” chapter of
the programme, with particular
emphasis on the possible preparation of a reference document which could provide a
basis for recommendations on occupational health and safety training, and focusing
also on the needs of young people as future workers; a further task of the Group was
to advise the Committee in connection with the implementation of any back-up
activities at Community level.

The Group met once in 1997 and twice in 1998. It submitted a draft opinion to the
Committee (section 2.3) on document 98/97 drawn up by the Commission. After the
Committee had adopted the opinion, the Group was disbanded on 5 November 1998.

3.2.3.

Economic and social appraisal of health and safety legislation

Set up in November 1996, this Group was required to prepare a Committee opinion
on the Commission’s proposals for a methodology in respect of the economic and
social appraisal of existing legislation in the field of health and safety and a
procedure for the appraisal of European Directives concerned with health and safety,
using this methodology and methods already employed in the Member States.

The Group drew on a report compiled for the Commission on “economic appraisal of
European health and safety at work legislation”, which analyses the current
procedures and available methods for assessing the economic impact (both costs and
benefits) of health and safety legislation at European, national and company level
and puts forward proposals for practical impact assessment models at European and
national levels, including a procedure specifically designed for European Directives.

The Group met once in 1997 and twice in 1998. An editorial Group met once to help
prepare the draft opinion (section 2.2). After the opinion had been adopted by the
Committee, the Group was disbanded on 5 November 1998.

4.

COOPERATION WITH OTHER BODIES

4.1.

Safety and Health Commission

The main tasks of the Safety and Health Commission for the Mining and Other Extractive
Industries (SHCMOEI) 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

14

for improving safety and health protection at the workplace and to foster exchanges of useful
information.

Since 1994 representatives of the SHCMOEI have attended meetings of the Committee as
observers. Similarly, representatives of the Committee are invited to the plenary meetings of
the SHCMOEI, with each interest Group sending two observers. This process ensures more
effective dissemination of information between these two bodies. Although they clearly share
areas of common interest, the two bodies are largely perceived as separate entities. The
SHCMOEI is essentially a technically orientated body which deals with safety problems
inherent in the extractive industries. Technical aspects constitute a key element of its work,
whereas the Committee is also qualified to discuss fundamental issues of safety and health at
work.

4.2.

Senior Labour Inspectors’ Committee

Created by Commission Decision 95/319/EC of 12 July 1995, the Senior Labour Inspectors’
Committee is composed of two representatives of the labour inspection services 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 in connection with the preparation of
its opinions on draft proposals for directives implementing Council Directive 80/1107/EEC,
as amended by Directive 88/642/EEC.

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.

15

4.6.

International Labour Office

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

4.7.

European Foundation

A representative of the European Foundation for the Improvement of Living and Working
Conditions is invited to meetings of the Committee and presents, amongst other things, the
Foundation’s work programme.

4.8.

Bilbao European Agency

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

16

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)

(2)

The Committee shall produce an annual report on its activities.

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)

(2)

(3)

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.

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

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

in respect of

(4)

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

17

Article 5

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

Article 6

(1)

(2)

(3)

(4)

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.

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.

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.

Representatives of the Commission’s departments 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

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.”

18

ANNEX B

COMPOSITION OF THE COMMITTEE in 1998

I. GOVERNMENT REPRESENTATIVES

a) Full members

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

Mr HESELMANS

Mr DE VIL

Mr ANDERSEN

Mr ECKEROTH

Mr HORST

Mr WILMERSTADT

Mr KAFETZOPOULOU Mr PAPADOPOULOS

Mr GOMEZ-
HORTIGUELA AMILLO

Mr MARTINEZ DE LA
GANDARA

Mr BOISNEL

Mrs GUIGUEN

Mr HENRY

Mr WALSH

Prof LEPORE

Dr CACOPARDI

Dr RUME

Mr VOS

Mr WEBER

Dr LATERVEER

Dr BREINDL

Dr SZYMANSKI

Mr RODRIGUES DA
SILVA CABRAL

Dr COSTA MARINHO

Mr RANTANEN

Mr HURMALAINEN

Mr BYLUND

Mr CLOAREC

United Kingdom

Mr CLIFTON

Dr CRUICKSHANK

b) Alternate members

Belgium

Denmark

Germany

Greece

Spain

France

Mr STEEN

Mr JENSEN

Mr GIESEN

Mr FONTINOY

Mr BAHNE

Dr RÜCKERT

Mrs PISSIMISSI

Mr CHRISTODOULOU

Mr CASTELLA

Mr NOLLA FERNANDEZ

Mrs PAILLARD

Mr ROBERT

19

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

Mr FUREY

Mr DONNELLAN

Dr FAVENTI

Dr ROCCA-ERCOLI

Mr DEMUTH

Mr HUBERTY

Mr MEPPELDER

Dr MIDDELPLAATS

Dr FINDING

Mrs JENNER

Mrs PINTO MARVAO

Mr FREITAS DURAO

Mr KALLIO

Mrs LEHTINEN

Mr BARREFELT

Mrs SVÄRD

United Kingdom

Mrs WHITE

Mr HENDERSON

II. WORKERS’ REPRESENTATIVES

a) Full members

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Mrs CYPRES

Mr FONCK

Mr RASMUSSEN

Mr POULSEN

Mr KONSTANTY

Mr ANGERMAIER

Mr POLITIS

Mr FERRER

Mr PHILIP

Mr DRIVAS

Mr CARCOBA

Mr MARTIN

Mr CRONIN

Mr WHELAN

Mrs BENEDETTINI

Dr GALLI

Luxembourg

Netherlands

Mr MILLER

Mr GIARDIN

Mr WILDERS

Mr DE GEUS

Austria

Portugal

Finland

Sweden

Mr HEIDER

Mrs CZESKLEBA

Mr NASCIMENTO
LOPES

Mr DA COSTA FARIAS

Mrs TYÖLÄJÄRVI

Mr METSÄMÄKI

Mr TENGBERG

Mrs BREIDENSJÖ

United Kingdom

Mrs GIBSON

Mr MELLISH

20

b) Alternate members

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

Mrs VELLANDE

Mr VAN DER HAEGEN

Mr JACOBSEN

Mr AHLERS

Mr ZWINGMANN

Mr GROWITSCH

Dr CHATZIS

Mr PAPANAYOTOU

Mrs DIAZ

Mr TORRES
FERNANDEZ

Mr SALENGRO

Mr SEDES

Mrs MRKWICKA

Mr DEVOY

Mr D’ERCOLE

Mr STANZANI

Mr GOEREND

Mr KINN

Mr MULLER

Mr VAN STEEBERGEN

Mrs REITINGER

Mr STEINER

Mr COELHAS DIONISIO Mr MONTEIRO do

MONTE

Mr SAARIKANGAS

Mrs HEIKURA

Mrs HILDINGSSON

Mrs THULESTEDT

United Kingdom

Mr TUDOR

Mrs GOWAN ROONEY
OBE

III. EMPLOYERS’ REPRESENTATIVES

a) Full members

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Mr LEONARD

Mr DE LANGE

Mr NIELSEN

Mr JEPSEN

Mr GUNKEL

Mr SCHEEL

Mr ZIMALIS

Mr
TSAMOUSSOPOULOS

Mr TEIXIDO CAMPAS

Mr MANZANO SANZ

Mr PEYRICAL

Mrs CORMAN

Mr O’HALLORAN

Mr BRISCOE

21

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

Dr
CHIACCHIARARELLI

Mr GIUSTI

Mr SAUBER

Dr METZLER

Mrs FRENKEL

Mr KONING

Mrs SCHWENG

Mr BRAUNER

Mr COSTA TAVARES

Mr PENA COSTA

Mr FORSS

Mr KUIKKO

Mr FROSTLING

Mr LIND

United Kingdom

Dr ASHERSON

Dr WHITE

b) Alternate members

Belgium

Denmark

Mr PELEGRIN

Mr DILLEN

Mrs JUHLER-
KRISTOFFERSEN

Mr HOLMBOE BANG

Germany

Mr BEEKHUIZEN

Mr KUHLMANN

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

Mr ZACHARIAS

Mr KIRIAKOGGONAS

Mr MUNOZ MUGICA

Mr MORENO UCELAY

Mr TASSIN

Dr AUBRUN

Mr CASSIDY

Mr ENRIGHT

Dr GRAMPELLA

Dr FREGOSO

Mr WALERS

Dr STELMES

Mr KROEZEN

Mr DUNGL

Mr STIMITZER

Mr FONTES MACHADO Mr BARROSO

Mr AHTELA

Mrs LUOMALA

Mrs TELL

Mrs BJÖRG ÖSTLUND

United Kingdom

Mrs JEYNES

Mr CLARE

22

ANNEX C

LIST OF AD HOC GROUPS – 1998

PLANNING

Chairman

:

Mr JEPSEN (E)

Vice-chairman:

Mrs WHITE (G)

Rapporteur

:

Mr FONCK (W)

GOVERNMENT

EMPLOYERS

WORKERS

SZYSMANSKI / AUT

CORMAN / FR

MELLISH / UK

HORST / DE

WEBER / LUX

RICHARD / UNICE

SEDES / FR

GIUSTI / IT

CARCOBA / ES

HURMALAINEN / FI

JEPSEN / DK

CARLSLUND / ETUC

SCHEEL / DE

FONCK / BE

WHITE / UK

DEAKINS / UK

VOS / NL

WALSH / IRL

Official responsible: E. ROTHER – Tel. 32268; E. DELAVAL -Tel. 32781

MACHINERY

Chairman

:

Mr GIUSTI (E)

Vice-chairman:

G

Rapporteur

:

Mr TENGBERG (W)

GOVERNMENT

EMPLOYERS

WORKERS

ANNSTRÖM / SV

GAMBELLI / FR

GIUSTI / IT

TENGBERG / SV

BLAIMONT / BE

VIERENDEELS / BE

PORTELA PAZ / ES

ZODER / AUT

CUNNIGHAM / UK

BECKER / DE

BULLOCK / UK

ALVINO / IT

FRICHET-THIRION/ FR

BORMANS / BE

TOZZI / TUTB

Official responsible: A. FUENTE – Tel. 32739

23

OCCUPATIONAL EXPOSURE LEVELS

Chairman

:

Mr JEPSEN (E)

Vice-chairman:

Mr WILDERS (W)

Rapporteur

:

Mr STEEN (G)

GOVERNMENT

EMPLOYERS

WORKERS

JACKSON / UK

BEEKHUIZEN / DE

MAGNAVITA / IT

CAMILLETTI / IT

LEVY / FR

KONSTANTY / DE

HADRICH / DE

JEPSEN / DK

GRODZKI / BE

STEEN / BE

GRAMPELLA / IT

MARTIN / FR

HURMALAINEN /FI

BORMANS / BE

WILDERS / NL

Official responsible: A. ANGELIDIS – Tel. 33747

VIOLENCE AT WORK

Chairman

:

Mrs GIBSON (W)

Vice-chairman:

Mr TSAMOUSSOPOULOS (E)

Rapporteur

:

Mrs ROCCA (G)

GOVERNMENT

EMPLOYERS

WORKERS

BANERYD / SV

DARVILL / UK

ROCCA / IT

SAUX / FR

BAHNE / DK

TSAMOUSSOPOULOS / EL

LENERT / AUT

GODEFROIMONT / BE

PERIMAEKI / FI

THORPE / UK

RICHARD / BE

IANUCCI / BE

LOPES / PO

GIBSON / UK

DALMARK / DK

Official responsible: Dr ALVAREZ – Tel. 34547

24

SELF-EMPLOYED WORKERS

Chairman

:

Mr HENRY (G)

Vice-chairman:

Mr PELEGRIN (E)

Rapporteur

:

Mr VOGEL (W)

GOVERNMENT

EMPLOYERS

WORKERS

BELL/ UK

HENRY / IRL

HUUSKONEN / FI

PICCOLI / FR

ROCCA / IT

PELEGRIN / BE

WHITE / UK

RIVAILLE / FR

RICHARD / BE

GUNKEL / DE

TUDOR / UK

MURIE / ES

VOGEL / BE

FROST / DK

Official responsible: Mrs E. DELAVAL – Tel. 32781

TRAINING

Chairman

:

Mrs GALLI (W)

Vice-chairman:

Rapporteur

:

Mr DE LANGE (E)

GOVERNMENT

EMPLOYERS

WORKERS

SOAVE / UK

DE LANGE / BE

RENHARDT / AUT

GIUSTI / IT

GALLI / IT

PHILIP / FR

WOOD / IRL

ARENAL / ES

GUNKEL / DE

PYKETT / UK

RICHARD / BE

FREDERIKSEN / DK

O'HALLORAN / IRL

VOGEL / BE

Official responsible: Mrs H. VAN LOON – Tel. 32034

25

SOCIAL AND ECONOMIC APPRAISAL

Chairman

:

Mr TUDOR (W)

Vice-chairman:

ROWE (G)

Rapporteur

:

Mr SCHEEL (E)

GOVERNMENT

EMPLOYERS

WORKERS

LORD / UK

NILSSON / SV

ROWE / IRL

BAKKUM / NL

FRICHET / FR

SCHEEL / DE

ASHERSON / UK

GAMBELLI / FR

RICHARD / BE

TUDOR / UK

D’ERCOLE / IT

CYPRES / BE

/ AUT

KRISTOFFERSEN / DK

SAPIR / TUTB

Official responsible: R. HAIGH – Tel. 32734

MULTIDISCIPLINARY SERVICES / HEALTH SURVEILLANCE

Chairman

:

Mr TŸOLÄJÄRVI (W)

Vice-chairman:

Mrs CORMAN (E)

Rapporteur

:

Mrs WOOD (G)

GOVERNMENT

EMPLOYERS

WORKERS

SAUNDERS / UK

RICHARD / UNICE

BENEDETTINI / IT

CASTELLA / ES

BIENECK / DE

ENGLUND / SV

WOOD / IRL

GIUSTI / IT

CORMAN / FR

POULSEN / DK

TŸOLÄJÄRVI / FI

JANNERFELDT / SV

GIARDIN / LUX

DE LANGE / BE

VOGEL / TUTB

Official responsible: Dr ALVAREZ – Tel. 34547

26

STANDARDISATION

Chairman

:

Mr ANGERMAIER (W)

Vice-chairman:

Mr MEPPELDER (G)

Rapporteur

:

Mr GIUSTI (E)

GOVERNMENT

EMPLOYERS

WORKERS

PILLER / AUT

WEBER / LUX

BARZ / DE

GAMBELLI / FR

ANGERMAIER / DE

GIUSTI / IT

SCHEEL / DE

GIBELLIERI / IT

SAPIR / BE

MEPPELDER / NL

BORMANS / BE

TENGBERG / SV

TOMKINS / UK

LIND / SV

PAZ / ES

Other experts:

Mr MERTENS, CENELEC

Mr PLISSART, CEN

Mr BREKELMANS, European Commission – DG III Brussels

Mr VAN GHELUWE, idem

Mr BLOMQUIST, idem

Official responsible: A. LOMMEL – Tel. 33871

HEALTH AND SAFETY MANAGEMENT SYSTEMS

Chairman

:

Mrs RÜCKERT (G)

Vice-chairman:

Mr JEPSEN (E)

Rapporteur

:

Mr RASMUSSEN (W)

GOVERNMENT

EMPLOYERS

WORKERS

RÜCKERT / DE

LEANDRO / PO

NILSSON / SV

ROCCA / IT

VOEL / NL

JEPSEN / DK

ASHERSON / UK

BORMANS / BE

RASMUSSEN / DK

ANGERMAIER / DE

MELLISH / UK

O’HALLORAN / IRL

STANZANI / IT

BEEKHUIZEN / DE

SAPIR / TUTB

Official responsible: Mrs H. VAN LOON – Tel. 32034; E. ROTHER – Tel. 32278

27

ANNEX D

TIMETABLE 1998

Dates

Title of the meeting

Participants

Non-govern. Govern.

17/02/1998

Government representatives

18/02/1998

Training

20/02/1998 Workers

3/03/1998

Planning

24/03/1998

Social and economic appraisal

26/03/1998

Standardisation

28,29/04/98

Plenary

3/06/1998

Planning

3/06/1998

Editorial Group "Social and economic
appraisal"

8/06/1998

Exposure levels

15/06/1998 Multidisciplinary services

9/07/1998

Training

23/07/1998

Editorial Group "Multidisciplinary
services"

3/09/1998

Establishing exposure levels

8/09/1998

Standardisation

10/09/1998

Planning

21/09/1998

Employers

24/09/1998 Workers

28/09/1998

Social and economic appraisal

5/10/1998

Management systems

6/10/1998

Multidiscplinary services

9/10/1998

Government representatives

28

30

5

5

5

5

30

5

1

5

5

5

1

5

5

5

5

5

5

10

31

10

10

12

31

10

2

10

10

10

2

10

12

10

31

31

10

10

10

30

Dates

Title of the meeting

Participants

Non-govern. Govern.

29/10/1998

Planning

3/11/1998

Exposure levels

4,5/11/98

Plenary

1/12/1998

Establishing exposure levels

7/12/1998

Implementation of directives

9/12/1998

Self-employed workers

15/12/1998

Employers

16/12/1998 Machinery

17/12/1998

Standardisation

10

10

61

10

0

10

31

10

12

5

5

30

5

15

5

5

5

29