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(modified by the Nice Treaty)
Social Policy
• The Community will support and will
complete the activities of the Member
States in:
a) the improvement of the work
environment to protect the workers’
health and safety
b) improving of working conditions
Art. 137.1 (before 118)

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Art. 137
• To such an end, the Council will:
– adopt directives as minimum dispositions that
will apply progressively, taking into account the
conditions and existent technical regulations in
each one of the States members...
article 95 (ex. 100A) ECONOMIC POLICY
The Commission, in its propossals to armonize the
legislations on health and safety will be based on a
high protection level, taking into account any
progress in the state of arts.

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FRAMEWORK DIRECTIVE
89/391
EQUIPMENT
SPECIFIC RISKS
WORK PLACES
AGENTS
Work Equipment
89/655 95/63
2001/45
P P E
89/656
Display screens
90/270
Manual handling
90/269
Pregnant workers
92/85
Explosives atmospheres
1999/92
Workplaces
89/654
Signs
92/58
Drilling
92/104
Mining
92/104
Fishing vessels
93/103
Construction
92/57
Biological
2000/54
Carcinogens
90/394 97/42 1999/38
Chemical
98/24
Noise
2003/10
Vibrations
2002/44
Asbestos
83/477
91/382
2003/18
Limit Values
91/322
96/94

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ART.137
(Ex Art. 118A)
Working Time
93/104
2000/34 2003/88
Temporary employment
91/383
Medical Treatment
on board vessels
92/29
Self-employed
2003/134
Working time
Road transport
2002/15
Working time for
Civil pilots
2000/79
Working time for
Fishing People
1999/63
Young Workers
94/33

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OHS PREVENTION
Council Directive 89/391/EEC (12 June 1989)
introduction of measures to encourage
improvements in occupational safety and health
PRINCIPLES & PHASES OF
PREVENTIVE ACTION

6. PREVENTING LABOUR RISK
Definition:
• all required steps/measures
• planned or adopted
• at all stages of work in the undertaking
• to prevent or reduce occupational risks.
This is achieved by
• INTEGRATING OHS in all activities and decissions of
the Company
• DISTRIBUTING RESPONSIBILITIES at all levels

7. Prevention: PHASES
1. Evaluating the risks.
2. Planning the preventive activities.
3. Organization of resources.
4. Qualified staff in charge of the prevention.

8.  General Preventive Principles
• To avoid the risk
• To evaluate the unavoidable ones
• To combat them at source
• To adapt the work to the person
• To adapt to technical progress (state of arts)
• Replace the dangerous substances for harmless ones
• Overall preventive policy
• Collective protection prior to individual ones
• Provide instructions and training to workers

9. RISK EVALUATION
DEFINITION: process addressed to
• estimate the magnitude of risks that have not been able to avoid
• obtaining the necessary information so that the manager can take
appropriate decisions
• to adopt preventive measures and, in such a case,
• the type of measures to be adopted
• fixing priorities (planning)

10. R.E. TYPES
• INITIAL with occasion of:
• New legislation introduced (Ukraine Law on OHS
1992)
• New work centre
• Substantial modification of work places
• To UP GRADE working conditions
- with occasion Health Surveillance/ accidents at works
• REGULAR FOLLOW-UP (up to national
legislation)

11. R. E. PROCEDURE (I)
From the information obtained about the
- characteristic and complexity of work process
- work equipment
- evaluation of workers' health
the RE will proceed to:
• Determinate if there are dangerous elements
• Identify the exposed workers and their sensitivity to
risk
• Evaluate the existing risk according to objective
indicators

12. E.R. PROCEDURE (II)
• The RESULTS have to be TRUSTED & VERIFICABLE
• Applied MEASUREMENTS, ANALYSIS and TEST:
- national standards or regulations
- orientate guidelines
- international guidelines or standards (ILO, Member
States research institutes, others)

13. Competent Technicians for Risk Evaluation
• Functions for basic level.
• Functions for intermediate level.
• Functions of High level technicians on the
different preventive disciplines
medicine at work
safety at work
industrial hygiene
ergonomics & psicosociology

14. PREVENTIVE PLANNING
• The annual program for preventive activities
will integrate:
- the human & material resources available;
- the assignment of budgeted resources;
- the emergency measures & health surveillance;
- the information and training for workers;
- the coordination of all these aspects

15. ORGANIZATION of RESOURCES (art. 7
Framework Dir)
The organization of necessary resources will be arranged by
the employer. There are the following modalities:
a) National legislation will foresee the nature of the activities
and size of the undertakings in which the employer,
provided he is competent, may himself take responsibility
for OHS
b) Designating one or several workers to carry it out
c) Set up internal preventive service
d) External preventive service

16. a) Employer in charge of prevention.
Spanish case.
• Micro enterprises: companies less than 6
workers.
• Personally present in the work centre
• Has the required capacity
• NO included health surveillance

17. b) Designated workers
• The manager can designate one or several
workers to be in charge of OHS activities in the
company.
• The designated workers should be enough in
number & possess appropriate capacity,
resources and time to fulfil their functions.

18. c) INTERNAL PREVENTIVE SERVICE
• human and materials resources needed in the
company to carry out prevention
• The companies that develop activities
simultaneously in one work centre, building,
commercial or industrial area can set up joint
preventive services (SMEs)
• Ukraine: more than 50 workers OHS Service; 20
to 50 w = several trained persons

19. d) External Occupational Preventive
Services
Specialized entity contracted by the enterprise to:
• provide occasional advice and support according
to the type of risks (risk evaluation or accident
investigation)
• Implement preventive activities;
• both jointly.
The contract is normally in writing

20. d) External Preventive Services: when?
• When the appointment of one or several
workers is not sufficient for the realization of
the activity of prevention.
• When the company is not legally obliged to
set up an internal service
• Joint models; Municipal models; Private
models; Branch models
• Good neighbour scheme

21. Workers representatives for prevention
• Not the employer OHS appointed person
• Workers' representatives with a specific role will
receive appropriate training
• not be placed at a disadvantage / adequate time off
work / without loss of pay / provide them with
necessary means / take part in discussions on all OHS
• balanced participation in accordance with national laws
and/or practices
• Measures related to OHS in no circumstances involve
the workers in financial cost

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Development of OSH Insurance Fund:
Challenge
• Up-grade institutions
• Up-date staff and train
• Coordinate and interact to implement effective
OHS policies avoiding overlap
(Ministries/Interdepartmental/Social Partners)
• Develop and promote OHS institutions (R.E,
preventive services, technicians levels, etc.)

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SUCCESFUL PROCESS AS
ALL CONCERNED PARTIES ARE
COMMITTED
Thank you