Opinion of the Committee of the Regions on: the Proposal for a Council Recommendation concerning the application of legislation governing health and safety at work to self-employed workers
Date: 2002-07-03
Institutions: European Committee of the Regions
Subjects: application of EU law, occupational health, occupational safety, self-employed person

22.11.2002

EN

Official Journal of the European Communities

C 287/11

Opinion of the Committee of the Regions on:

— the ‘Communication from the Commission: “Adapting to Change in Work and Society: a

new Community Strategy on Health and Safety at Work 2002-2006”’, and

— the ‘Proposal for a Council Recommendation concerning the application of legislation

governing health and safety at work to self-employed workers’

(2002/C 287/03)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission: ‘Adapting to change in work and society: a
new Community strategy on health and safety at work 2002-2006’ (COM(2002) 118 final) and the
Proposal for a Council Recommendation concerning the application of legislation governing health and
safety at work to self-employed workers [COM(2002) 166 final — 2002/0079 (CNS)];

having regard to the decision taken by the European Commission on 3 January 2002 to consult the
Committee under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to its Bureau’s decision of 6 February 2002 to instruct the Commission for Economic and
Social Policy to prepare the Committee’s work on this subject;

having regard to its opinion on the ‘Proposal for a European Parliament and Council Decision on a
programme of Community action on health promotion, information, education and training within the
framework for action in the field of public health’ (CdR 246/94) (1);

having regard to its opinion on the ‘White Paper on European Social Policy: A way forward for the Union’
(CdR 243/94) (2);

having regard to its opinion on the Communication on the Medium-term Social Action Programme
1995-97 (CdR 297/95) (3);

having regard to its opinion on the ‘Proposal for a European Parliament and Council Decision adopting a
Programme of Community Action on Injury Prevention in the context of the framework for action in the
field of public health’ (CdR 456/96 fin) (4);

having regard to its opinion on the ‘Communication from the Commission on the Social Action
Programme 1998-2000’ (CdR 277/98 fin) (5);

having regard to its opinion on the Principle of subsidiarity ‘Developing a genuine culture of subsidiarity.
An appeal by the Committee of the Regions’ (CdR 302/98 fin) (6);

having regard to its opinion on the Commission Communication ‘Promoting Entrepreneurship and
Competitiveness’ — The Commission’s response to the BEST Task Force Report (CdR 387/1999 fin) (7);

(1) OJ C 210, 14.8.1995, p. 81.
(2) OJ C 210, 14.8.1995, p. 67.
(3) OJ C 100, 2.4.1996, p. 91.
(4) OJ C 19, 21.1.1998, p. 1.
(5) OJ C 93, 6.4.1999, p. 56.
(6) OJ C 198, 14.7.1999, p. 73.
(7) OJ C 293, 13.10.1999, p. 48.

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having regard to its opinion on the ‘Competitiveness of European enterprises in the face of globalisation
— How it can be encouraged’ (CdR 134/1999 fin) (1);

having regard to its opinion on the Communication ‘Social Policy Agenda’ (CdR 300/2000 fin) (2);

having regard to its opinion on the Communication from the Commission ‘Employment and social
policies: a framework for investing in quality’ (CdR 270/2001 fin) (3);

having regard to its opinion on the ‘Green Paper on Promoting a European Framework for Corporate
Social Responsibility’ (CdR 345/2001 fin) (4);

having regard to the draft opinion CdR 168/2002 rev. of the Commission for Economic and Social
Policy, adopted on 11 June 2002 (rapporteur: Mr Boden — UK-PES, Leader of the North West Regional
Assembly);

whereas the communication emphasises the consolidation and improvement of existing legislation, rather
than the development of new regulations at this time,

adopted the following opinion unanimously at its 45th plenary session on 3 and 4 July 2002 (meeting of
3 July).

Views and recommendations of the Committee of the
Regions

The Committee of the Regions

1. Welcomes the European Commission’s wide-ranging
approach to drawing up a strategy and in particular its espousal
of the International Labour Organisation’s aim of promoting
well-being at work — physical, moral and social — within a
broad societal context and its recognition that truly sustainable
this aim.
competitiveness rests upon the achievement of
However, in the CoR’s view, the employer does not bear sole
responsibility for fostering well-being at work.

2.
In this context the CoR welcomes the Proposal for a
Council Recommendation which attempts to ensure that
legislation governing health and safety at work to self-
employed workers is applied and extended throughout the
Union. The CoR agrees that self-employed workers, whose
work is not subject to any employment relationship with an
employer or, more generally, who are not bound by any link
or contract of employment to a third party, are generally
subject to the same health and safety risks as are employees,
and therefore should have the same rights.

for employers,
recommends support and encouragement
together with their partners, to participate in broader research
activities to determine causal and remedial effects for both
new accident and ill-health risks. In addition more research is
required on gender issues, and on other societal groups,
especially in relation to occupational illness.

Recommends that the strategy should include a require-
4.
ment for employers to avail themselves to competent occu-
pational safety and health advice, not least with a view to
adopting effective health and safety management systems.

5.
Considers it necessary that workforces be made com-
petent and properly trained to safely conduct the work that
they are required to undertake.

6.
Considers that the terminology ‘Risk Prevention’ is too
closely linked to the insurance industry notion of ‘insured
risks’, which is managed through indemnification, by the
payment of insurance premiums. Internationally, the phrases
‘accident prevention’ and ‘ill-health prevention’ are more
appropriately used in the present context.

Considers that, in general terms, ever-increasing work-
3.
loads lead to stress as a potential outcome; similarly, the
emergence of new workplace risks will also present both real
and perceived risks to health and safety. The CoR therefore

7.
Considers it essential for the new strategy to address the
need for interplay and reconciliation of work activities with
other spheres of life, for women and men, thereby recognising
the benefits of achieving a balance between the two.

( 1) OJ C 57, 29.2.2000, p. 23.
( 2) OJ C 144, 16.5.2001, p. 55.
( 3) OJ C 107, 3.5.2002, p. 98.
( 4) OJ C 192, 12.8.2002, p. 1.

Feels that two aspects are not sufficiently highlighted in

8.
the communication:

— workers must be trained and informed, but they also have
an own responsibility to comply strictly with safety rules

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— since non-work related illnesses and accidents can lead to
absence from work, the communication should include
more proposals for measures to promote a healthy life
style and risk avoidance.

9.
Expresses its concern at the absence in the communi-
cation of any specific reference to local and regional authorities,
which it considers to have a pivotal role in developing and
implementing the strategy, particularly in regard to SMEs, by
virtue of their function — in partnership with national agencies
and local and regional representatives of employers and
workers — in monitoring, developing and enforcing the
provisions of the Communication, and because they are very
significant employers in their own right.

Considers therefore that the role of local and regional
10.
authorities in implementing, promoting, monitoring and
enforcing health and safety at work should be recognised and
supported, particularly in relation to SMEs in view of the
latter’s increasing importance in the EU economy and their
evident need for assistance to improve their performance on
health and safety at work.

11.
Expresses its concern at the absence of any specific
reference to the role that trade unions and workers’ representa-
tives can play in health and safety at work. They, more than
anyone, have direct personal and collective experience of the
ill effects arising from health and safety risks which are actually
encountered by workers.

12.
Calls therefore for the omission of the role of trade
unions and workers’ representatives to be rectified and their

Brussels, 3 July 2002.

participation in health and safety at work partnerships to be
facilitated.

13. Whilst generally welcoming the partnership approach
to health and safety at work, believes it to be essential that the
regulatory framework gives the strategy the ‘teeth’ to ensure
the co-operation of those who do not accept the partnership
concept.

Considers that

14.
the need for adequate resources to
develop and implement the strategy at EU, national, regional
and local levels should be recognised and that targets be set
for reducing occupational accidents,
injury- and sickness-
related absence and health and safety problems. The CoR
advocates that provision be made for Structural Fund support.
However, it has its doubts regarding the proposal that the EU’s
employment policy be used as a driving force for working
environment strategy, and in particular as regards stress at
work.

15.
Calls therefore on the Commission to work with the
appropriate authorities and social partners in the Member
States to harmonise, simplify and strengthen the regulatory
and enforcement framework to give backing where necessary
to the partnership approach to health and safety at work.

16.
Recommends that there should be recognition of bodies
such as the European Network of Safety and Health Practitioner
Organisations (ENSHPO) which aim to promote sharing of
good practice across Europe and to establish agreed levels of
competence for pan-European practitioners.

The President

of the Committee of the Regions

Albert BORE