JOINING FORCES ACROSS EUROPE FOR PREVENTION AND PROMOTION IN MENTAL HEALTH. Barcelona, Spain. Mental Health Promotion and DG Employment

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1 EUROPEAN CONFERENCE on MENTAL HEALTH JOINING FORCES ACROSS EUROPE FOR PREVENTION AND PROMOTION IN MENTAL HEALTH 14 September 2007 Barcelona, Spain Mental Health Promotion and DG Employment Jorge COSTA-DAVID European Commission - DG EMPL/F/4

2 HEALTH AND SAFETY AT WORK Mental health at work Mental health at work is an important issue at workplace level. A series of initiatives are currently under way all ultimately aiming to constantly improve wellbeing at work. The wellbeing at work concept takes simultaneously account of the physical, mental and social dimensions.

3 HEALTH AND SAFETY AT WORK Mental health at work The key legislative instrument for wellbeing at work is Framework 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 (89/391/CEE). The directive is general in scope, aims to be preventive in nature, and implicitly covers also mental health.

4 HEALTH AND SAFETY AT WORK Mental health at work The framework directive defines the responsibilities of the various players in the field of workplace health. It is clear that, according to the subsidiarity principle, and regarding health and safety at work issues, we must leave to each concerned stakeholder the tasks of carrying out the activities that each one is better suited to tackle.

5 HEALTH AND SAFETY AT WORK Mental health at work In line with article 139 of the Treaty, the Commission has supported a series of initiatives of relevant social partners in the form of voluntary agreements. This approach has several advantages, including:

6 HEALTH AND SAFETY AT WORK Mental health at work 1. Help build up an important information database that will fill in specific data gaps, an element always needed by the Commission if it is to justify properly its own policies (The need to compensate for such information gaps on the status of mental health of EU workers has been highlighted in the Mental Health Green Paper of October 2005).

7 HEALTH AND SAFETY AT WORK Mental health at work 2. Already lready existing good or best practices will be highlighted and will allow the Commission and EU workers to gain some time allowing for putting in place, or even generalise, the mentioned practices.

8 HEALTH AND SAFETY AT WORK Mental health at work 3. An approach of the voluntary agreement type helps circumvent several steps typical of a compulsory legislative procedure including cost/benefit analyses, impact assessments, status quo reports,, etc. aimed at collating a proper information base before launching such a type of initiative that, at best, should require two years before the unavoidable administrative steps could be finalised (not including the normal delays foreseen for the entry into force of such legal instruments).

9 HEALTH AND SAFETY AT WORK Mental health at work At this stage, it is clear that the Commission needs proper data to be made available. Member States have to submit reports as part of their obligations foreseen under the provisions of the Framework Directive, but beyond such obligations the Commission will also draw on other sources, including the following reports:

10 HEALTH AND SAFETY AT WORK Mental health at work Types of employment and health in the EuropeanUnion. Besides this, another one on Work-related related stress,, of 2005, has identified seven activity sectors with a high risk of stress, with health services, education and social services heading the list. These studies have been published by the European Foundation for the Improvement of Living and Working Conditions and are available in the Foundation's website.

11 HEALTH AND SAFETY AT WORK Mental health at work A A module is also expected on work related accidents and health problems as part of the Eurostat labour force survey that should include mental health issues data. It should therefore be possible to establish a link between such information and the specific professional activity of the interviewed workers. The results should be available as from 2008.

12 HEALTH AND SAFETY AT WORK Mental health at work Finally, the future European Health Interview Survey,, an instrument in the field of public health statistics, should help obtain psychological stress and mental health data susceptible of being linked to specific professions/activity types.

13 HEALTH AND SAFETY AT WORK Mental health at work Under internal inter-service consultation (at the time of this Barcelona event) between Commission services Draft text of a Commission Communication to the European Parliament, the Council of Ministers, the Committee of Regions and the European Economic and Social Committee On improving the mental health and well-being of the population - A contribution to the EU s strategic objectives, public health and quality of life

14 GENERAL PROVISIONS: Article 1: OBJECT OF THE DIRECTIVE The object of this Directive is to introduce measures to encourage improvements in the safety and health of workers at work; To that end it contains general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation and training of workers and their representatives; Includes minimal prescriptions.

15 GENERAL PROVISIONS: PHILOSOPHY of the DIRECTIVE Article 1 + other provisions of the directive => improving health and safety implies reinforced risk prevention; This directive has introduced a preventive approach based on the principles of: employer s responsibility, prevention, information, training, consultation and balanced participation of workers; The directive aims to promote a culture of prevention instead of a reactive one in view of guaranteeing a better level of worker s protection.

16 GENERAL PROVISIONS: Article 2: SCOPE OF THE DIRECTIVE This Directive shall apply to all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.). shall not be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it.

17 GENERAL PROVISIONS: Article 3: DEFINITIONS worker; employer; workers' representative with specific responsibility for the safety and health of workers; prevention.

18 Article 4: FRAMEWORK DIRECTIVE (1989/391/EEC) GENERAL PROVISIONS: Member States: Shall take the necessary steps to ensure that employers, workers and workers' representatives are subject to the legal provisions necessary for the implementation of this Directive; In particular shall ensure adequate controls and supervision.

19 EMPLOYERS' OBLIGATIONS: Article 5: GENERAL PROVISIONS General principle of the responsibility of the employer : The employer shall have a duty to ensure the safety and health of o workers in every aspect related to the work; Where an employer enlists competent external services or persons,, this shall not discharge him from his responsibilities in this area; The workers' obligations in the field of safety and health at work shall not affect the principle of the responsibility of the employer; The Directive shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events.

20 EMPLOYERS' OBLIGATIONS: Article 6: GENERAL OBLIGATIONS OF EMPLOYERS The employer: shall take the measures necessary for the safety and health protection of workers; Respects the general principles of prevention: avoiding risks evaluating the risks which cannot be avoided; combating the risks at source; adapting the work to the individual; Priority to collective protective measures, etc.; evaluate the risks to the safety and health of workers.

21 EMPLOYERS' OBLIGATIONS: Article 7: PROTECTIVE AND PREVENTIVE SERVICES the employer shall designate one or more workers to carry out activities related to the protection and prevention of occupational risks for the undertaking and/or establishment; If such protective and preventive measures cannot be organized for lack of competent personnel in the undertaking and/or establishment, the employer shall enlist competent external services or persons; Member States may define the categories of undertakings in which the employer, provided he is competent, may himself take responsibility for the protective and preventive measures; Member States shall define the necessary capabilities and aptitudes.

22 Article 8: FRAMEWORK DIRECTIVE (1989/391/EEC) EMPLOYERS' OBLIGATIONS: FIRST AID, FIRE FIGHTING AND EVACUATION OF WORKERS, SERIOUS AND IMMINNENT DANGER Employers obligations in this domain

23 EMPLOYERS' OBLIGATIONS: Article 9: VARIOUS OBLIGATIONS OF EMPLOYERS The employer shall: be in possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks; decide on the protective measures to be taken and, if necessary, the protective equipment to be used; keep a list of occupational accidents (3+); draw up, for the responsible authorities and in accordance with national laws and/or practices, reports on occupational accidents suffered by his workers.

24 EMPLOYERS' OBLIGATIONS: Articles 10, 11 and 12: Worker information; Consultation and participation of workers; Training of workers.

25 EMPLOYERS' OBLIGATIONS: OBLIGATIONS of WORKERS Obligations of workers on health and safety at work related matters

26 MISCELLANEOUS PROVISIONS: Article 14: HEALTH SURVEILLANCE in accordance with national law and/or practices; shall be such that each worker, if he/she so wishes, may receive health surveillance at regular intervals. Article 15: RISK GROUPS ROUPS Particularly sensitive risk groups must be protected against the dangers which specifically affect them.

27 MISCELLANEOUS PROVISIONS: Article 16: INDIVIDUAL DIRECTIVES AMENDMENTS GENERAL SCOPE OF THIS DIRECTIVE The provisions of the Framework Directive shall apply in full to all the areas covered by the individual Directives, without prejudice to more stringent and/or specific provisions contained in these individual Directives.

28 MISCELLANEOUS PROVISIONS: Article 18: FINAL PROVISIONS Member States shall: Bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 1992; Report to the Commission every five years on the practical implementation of the provisions of this Directive.

29 STATUS OF IMPLEMENTATION: The Commission controls: The COMMUNICATION process The CONFORMITY process of the National Implementing Measures of the directive (MNE).

30 STATUS OF IMPLEMENTATION: MNE communication Control Since 1993, one case of failure to communicate (Spain) led to a decision by the Court of Justice. So far, all Member States have communicated the MNE, i.e. have transposed the Directive.

31 STATUS OF IMPLEMENTATION: MNE conformity control Gaps in all MS led to starting infringement procedures for non-conformity against all MS (except Greece) changes to the legislation in certain MS 10 cases sent to Court of Justice (Germany, Italy, Netherlands, Portugal, Luxembourg, Spain, Austria, Sweden, United Kingdom, France), infringement procedures still ongoing against the UK and France.

32 STATUS OF IMPLEMENTATION: Main non-conformity problems identified (I): Limitations to the scope (Art. 2); Limitations to the responsibility of employers (Art. 5); Transposition of the general principles of prevention (Art. 6, paragraph 2); Level of obligation to evaluate risks (Art. 6, paragraph 3, 1st indent);

33 STATUS OF IMPLEMENTATION: Main non-conformity problems identified (II): Protective and preventive services (subsidiarity feature of external services, occupational health, definition of necessary competences and aptitudes) (Art. 7); Obligation to document the assessment of risks in all types of enterprises (Art. 9); Information, consultation, participation and training of workers (Art. 10,11, and 12).

34 ACTUAL IMPLEMENTATION: Correct transposition of directives specific aspects of its implementation Control and surveillance national authorities are responsible (labour inspections) (article 4). Communication of the Commission (COM/2004/0062 final) - on the practical implementation of the provisions of the Framework Directive and five individual directives: (is based on the national implementation reports + independent experts report + experience of the Commission)

35 ACTUAL IMPLEMENTATION: Conclusions from the specific aspects of the implementation Positive influence of EU legislation, not only over initial norms and standards but also in terms of the specific aspects of implementation setting up of a culture of prevention, however: A series of important gaps found in such implementation, i.e. : Advice and information that should parallel new legislative instruments; Features of the necessary systematic risk assessment as well as the respective documentation + its incomplete and superficial nature; Access to prevention services and respective quality; Information, consultation, participation and training of workers

36 Article 137 of the Treaty basis of the Commission's intervention in H&S at work - Carcinogens - Biological Agents - Chemical Agents - Physical Agents: - Noise (2003/10/EC) - Vibrations (2002/44/EC) -EMF - Optical Radiation - Manual Handling of Loads - Asbestos Framework Directive 89/391/EEC to encourage improvements in health and safety at work - Workplaces - Work Equipment, Scaffolding - Personal Protective Equipment - Display Screen Equipment - Safety Signs - Pregnant Women - Young People - Construction Sites - Mineral-extracting extracting Industries - Drilling in Mineral- extracting Industries - Fishing Vessels - Explosive Atmospheres

37 HEALTH AND SAFETY AT WORK RECENT DEVELOPMENTS: Chemical agents - Directive 2006/15/EC Optical radiation - Directive 2006/25/EC Community strategy on H&S at work (COM 2007/0062) Directive on simplification and rationalisation of implementation reports «Noise» - non-binding guide «Vibration» - non binding guide

38 EUROPEAN CONFERENCE on MENTAL HEALTH Thank you for your attention