Description
a) What Member States and social partners can do
Member States are in charge of transposing and enforcing rules adopted at Union level. Given that the Union measures set out above contain minimum requirements, Member States are invited to go beyond these rules in order to give effect to the Principle of a high level of health and safety at work and by encouraging good practices as regards active ageing at work.
At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible initiatives based on Article 153 TFEU and may request their agreements to be implemented at Union level in accordance with Article 155 TFEU. In particular, they can promote and develop joint standards at national or Union level to adapt workplaces to accommodate active aging and intergenerational approach. European social partners signed on 8 March 2017 an autonomous agreement on active ageing and intergenerational approach also covering health and safety to be implemented by national social partners by 2020.
Social partners may also collect and exchange good practices across the Union. At national level, social partners may support the implementation of this Principle via collective bargaining and through their involvement in the design and implementation of relevant policies.
b) Recent and ongoing initiatives at EU level
The Commission has recently proposed amendments to Directive 2004/37/EC(84) (the Carcinogens and Mutagens Directive) aimed at improving protection for millions of workers by revising or establishing binding occupational exposure limit values for a number of dangerous chemical agents.(85) The Commission – in consultation with the social partners - will continue to propose further updates of the Carcinogens and Mutagens Directive to introduce binding limit values to combat occupational cancer.
The Commission will support the implementation of the acquis by improving compliance with the rules, in particular in micro-enterprises and SMEs, by putting forward proposals to remove or update outdated health and safety provisions in the light of scientific, technical and societal changes. It will refocus efforts on ensuring better protection, compliance and enforcement on the ground, inter alia by developing guidance for employers. The publication of guides on agriculture, fishing vessels and work-related vehicle risks is expected in 2017.
The Commission will launch a peer review process with Member States with the specific aim of reducing administrative burden in national legislation while maintaining worker protection and, in cooperation with the European Agency for Safety and Health at Work, further foster the development of relevant IT tools.
The European Agency for Safety and Health at Work, one of the EU's decentralised agencies, will play a key role in collecting and disseminating good practice and will support experience sharing, notably through the Healthy Workplaces campaigns. The "Healthy Workplaces for All Ages" campaign will conclude in 2017, publicising a wealth of examples from across the Union. In 2018, the Commission will aim to enhance the practical application of age-sensitive risk management measures by developing and disseminating relevant guidance for labour inspectors. The Agency will launch the next Healthy Workplaces campaign in 2018, focussing on dangerous substances in support of Commission's effort to fight occupational cancer. To facilitate the application of the data protection rules, the Article 29 Working Party (composed of the 28 national Data Protection Authorities) will issue in 2017 an opinion on personal data processing in an employment context.
Additional information
(84) Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC), OJ L158, 30.4.2004, p.50.
(85) COM(2016) 248 and COM (2017) 11.