For a short report on the workshop go here.
Workshop organisers : Nol Verhaaff, Klaas Zwart, Rob Mulder and Frank Nijman
Who is responsible for safe and healthy working conditions ?
In the traditional labour relations the employer alone was supposed to create a safe and healthy working environment and to ensure that the workers he employed followed the safety procedures. In reality, of course, unhealthy working conditions and unsafe work practices were no exemption. In case of serious accidents normally it was the employerwho was convicted in court.
But labour relations are shifting. More and more workers become self-employed and even workers that still have a steady job are supposed to take more responsibility for their work. With respect to occupational safety and health this is reflected in the way responsibilities are defined in laws and regulations, for instants in the EU Framework Directive:
Workers have the general responsibility to take care of their own safety and health and that of others. More specific they must work in accordance with training and instruction, make correct use of machinery, dangerous substances, personal protective equipment etc. and in case of serious and immediate danger immediately inform the employer. When in this last case they leave the dangerous area they may not be placed at any disadvantage.
Nowadays workers can on the basis of these responsibilities also get convicted after serious accidents (case Ronnie helderman, Hoogovens, NL).
The employer has a whole lot of responsibilities, such as to ensure the safety and health of workers in every aspect related to work, to carry out a risk assessment, take protective measures with regards to the risks etc. He should also consult the workers or their representatives and allow them to take part in all discussions relating to safety and health.
The aim of the EWHN is to create healthy and safe working conditions. Therefor we are in the first place interested in prevention. Part of a preventive approach is to define responsibilities, accountabilities and authourities in such a way that a sound health and safety policy can be carried out in the company.
In general there are two ways in which we can stimulate good working conditions through responsibilities :
1. by a clear division of responsibilities, accountabilities and authourities in advance. Employer and workers together and in co-operation create a safe and healthy workplace and employers work on improvement of health and safety after having consulted the workers and theit representatives. We will call this the consultation model.
2. by holding responsible the employer when things have gone seriously wrong (lethal accidents or occupational diseases). Of course this has no preventive effect on the situations that led to these accidents or diseases, but it may have a preventive effect on the company, the branch of industry or employers in general. We will call this the juridical model.
We will discuss the two models in more detail to see what use they can be for trade unions and for workers representatives or work councils in their endeavour for better working conditions.
Please send us examples of court cases in your country where either employers or workers (or other parties) were charged on neglecting occupational health and safety regulations.
You can mail them to : f.nijman@wxs.nl