Revidierte Europäische Sozialcharta
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02/11/2012 EUROPEAN SOCIAL CHARTER 1st National Report on the implementation of the European Social Charter submitted by THE GOVERNMENT OF AUSTRIA (Articles 3, 11, 12, 13 and 14 for the period 01/01/2008 - 31/12/2011) __________ Report registered by the Secretariat on 2 November 2012 2 REVISED EUROPEAN SOCIAL CHARTER 1st NATIONAL REPORT in accordance with Article C of the Revised European Social Charter and Article 21 of the European Social Charter on measures taken to give effect to Articles 3, 11, 12, 13 und 14 for the period 01/01/2008 – 31/12/2011 submitted by THE FEDERAL GOVERNMENT OF AUSTRIA The ratification instrument of the Revised European Social Charter was deposited on 20 May 2011 In accordance with Article C of the Revised European Social Charter and Article 23 of the European Social Charter copies of this report have been communicated to: the Austrian Trade Union Federation, the Austrian Federal Chamber of Labour, the Austrian Federal Economic Chamber, the Federation of Austrian Industry, the Presidential Conference of Austrian Chambers of Agriculture, and the Council of Austrian Chambers of Agricultural Labour 3 ARTICLE 3 THE RIGHT TO SAFE AND HEALTHY WORKING CONDITIONS ARTICLE 3 § 1 Questions 1 and 2 Previous reporting is updated as follows: Consultations with the social partners as stipulated by law Occupational Safety and Health Advisory Board (Arbeitnehmerschutzbeirat) Section 91 Para. 1 of the Workers Protection Act (ArbeitnehmerInnenschutzgesetz, ASchG) specifies establishment of the Occupational Safety and Health Advisory Board for the purpose of consultation with the Federal Minister of Labour, Health and Social Affairs on fundamental issues relating to safety and health protection at work. Alongside the Central Labour Inspector, the Occupational Safety and Health Advisory Board includes a representative of the Transport Labour Inspectorate, two representatives of the Federal Chamber of Labour, two representatives of the Austrian Federal Economic Chamber, two representatives of the Austrian Trade Union Federation, two representatives of the Federation of Austrian Industries, two representatives of the Federal Chamber of Engineers, two representatives of the Austrian Chamber of Physicians and two representatives of the Austrian Workers’ Compensation Board (AUVA). One representative each of the Austrian Railways Insurance Institute and of the Insurance Institution for Public Service Wage and Salary Earners also sit on the Occupational Safety and Health Advisory Board when the matter under consultation is related to the statutory responsibilities of these institutions. A representative of the Association of Electricity Companies (VEÖ) participates in the board when the topic of consultation is related to the interests of electricity companies. In addition, the Liaison Office of the Laender at the Office of the Land Government of Lower Austria (VST) is invited to the meetings of the Occupational Safety and Health Advisory Board, as are the individual federal ministries that come under consideration, depending on the matter under consultation. Expert committees may be established and convened for the purpose of preliminary consultation. The activities of the Occupational Safety and Health Advisory Board pursuant to Section 91 ASchG during the period under review of 1 January 2008 to 31 December 2011 are listed in the following: Four meetings of the Occupational Safety and Health Advisory Board were held during this period. The following items were repeatedly included on meeting agendas: Reports on the activities of the accident insurers’ prevention centres Workers’ protection at EU level: proposed legislation, EU strategy, campaigns, political developments 4 Current activities und projects of the Ministry of Social Affairs (relating to labour law and labour inspection): previously adopted amendments to laws and ordinances, proposed legislation, targeted schemes and campaigns Various expert committees (working groups) of the Occupational Safety and Health Advisory Board also held meetings between 2008 and 2011. These specifically included meetings of the expert committee on the Occupational Health and Safety Strategy 2007-2012, where information was provided on the projects and the findings of the Occupational Health and Safety Strategy working groups. At several meetings of the expert committee on occupational exposure limits, negotiations took place towards a comprehensive amendment to the Ordinance governing limit values (Grenzwerteverordnung, GKV). Consultations not obligatory under the law The Health and Safety at Work Strategy 2007–2012 was launched with a view to coordinating activities by the relevant players in the field of workers’ protection. It is based on the annual work schedule of the Labour Inspectorate, international guidelines (ILO) and, specifically, the EU common strategy 2007–2012 (Communication by the European Commission and Council Resolution). The strategy encompasses representatives of institutions that are directly or indirectly involved in the field, such as ministries, Laender governments, accident insurers, the social partners, interest groups, universities, businesses, associations, etc. The joint planning that goes into the National Health and Safety at Work Strategy aims to make optimal use of the time and staff resources at each institution, to encourage an exchange of know-how and information and set up networks and cooperations. Many factors, such as the demographic change seen in the working world (ageing-friendly work), new employment trends (the new self-employed, migrants, teleworking etc.), economic incentives for workers’ protection, rehabilitation and reintegration of workers, etc., are considered in implementing the projects under the strategy, and measures are taken that aim to reduce the incidence rate of accidents (by 25 % throughout the EU), cut down on occupational diseases and work-caused illnesses. Core elements of the Occupational Safety and Health Strategy 2007-2012 Improvement and adaptation of the legislation on occupational safety and health Proper application and enforcement of the regulations concerning occupational safety and health Integration of occupational safety and health into educational systems (schools, universities of applied sciences, universities) Quality improvement of the access to preventive services Support of small enterprises with the aid of intelligible information and practical guides Objectives of the Occupational Safety and Health Strategy Reduction of the incidence rate of accidents at work Reduction of occupational and work-related diseases Appropriate equipment of the labour inspectorates 5 Support through policies of public health and health promotion at work Measures for implementing the Occupational Safety and Health Strategy The following activities were carried out as part of the National Occupational Safety and Health Strategy: Preparation of guidelines and folders Campaigns Conferences and events Commissioning of research projects and studies Collection of examples of good practical solutions for promoting health and safety at work Learning game for encouraging, at the workplace, a discussion of psychological stress factors Details in German: http://www.arbeitsinspektion.gv.at/AI/Arbeitsschutz/strategie/default.htm In English: http://www.arbeitsinspektion.gv.at/AI/Arbeitsschutz/strategie/en_strategy_0010.htm A variety of information events were also held as part of implementing the European Campaign for Safety and Health at Work within Austria. National Network for Occupational Safety and Health The Central Labour Inspectorate convenes meetings of the National Network for Occupational Safety and Health twice a year. The meetings are attended by representatives of the major organisations involved in occupational health and safety, including labour supervisory bodies, federal ministries, social partners, social security institutions, interest groups of experts for the prevention of occupational accidents and diseases, universities, prevention centres and others. Such meetings have been taking place since 2000. The most important task is to support the campaigns by the European Agency for Safety and Health at Work. At past meetings, joint expert conferences were planned and advertising activities for occupational safety and health coordinated. Another purpose of the meetings is to clarify the position of the national stakeholders in order to be able to take an active role in planning initiatives at the European level. Question 3 Activities within the framework of the National Occupational Safety and Health Strategy 2007-2012: Six guides: wood dust; natural optical radiation (UV radiation outdoors); handling of nanomaterials; assessment of the evaluation of psychological stress; artificial optical radiation; assessment of strain arising from manually handling loads Nine targeted schemes, campaigns and projects: the topics included support from experts for the prevention of occupational accidents and diseases, risk assessment, advising responsible individuals in the construction sector, investigation of organisational procedures to ensure the safe use of self-propelled mobile work 6 equipment, good practice awareness-raising campaign, explosion protection in motor vehicle paint shops and joineries Three conferences/events: psychological strain and back pain; work as part of life rhythm; health symposium: “Personal crisis ahead” (“Ich krieg die Krise”) Nine folders: Who is who – people involved in workers’