labour inspection on psychosocial risks in europe manuel velázquez spanish labour inspectorate...
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Labour Inspection on Psychosocial Risks in EuropeManuel Velázquez
Spanish Labour Inspectorate
Malta, September 2nd and 3rd – ETUI Seminar
2 Index
Preface: ILO Project to elaborate guidelines on Psychosocial Risks for Labour Inspectors (2014)
Role of Labour Inspectors: enforce legislation
What is the applicable legislation on psychosocial risks?
Models and competences of Labour Inspectorates
Tools developed for inspection
Balance of the SLIC European Campaign 2012
How to improve: suggestions on critical points
Collaboration
3 Preface: ILO Project
It was an ILO initiative (LABADMIN) in 2013
A working group was set up with Labour Inspectors from seven European countries: Norway, Denmark, Belgium, Ireland, France, Italy and Spain
The last draft was concluded at the end of 2014
ILO will decide about its publication
4 Role of Labour Inspectors: Enforce labour legislation
ARTICLE 3 OF 81 ILO CONVENTION
Secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work
In some countries also the enforcement of collective agreements with general effects
Supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions;
Inspectors do not execute legislation. They help on how to do it to employers and workers
Inspectors do not advise about non-legal provisions (voluntary rules) not relating to legislation
5 Legislation on psychosocial risks
Have a legal concept
The complex structure of psychosocial risks
Applicable legislation
6 Have a legal concept
Key point: the employer’s liability relating to the exposure to psychosocial risks in the job context within the employer’s powers of management
Outside the employer’s liability: workers’ personal health conditions and private life context
The best reference is the Belgian definition (Act 18.02.2014)
Psychosocial risks at work shall mean the probability that one or more worker(s) suffer(s) a psychological damage, which can also be accompanied by physical damage, resulting from exposure to some elements of the work organisation, job content, working conditions, living conditions at work and interpersonal relationships at work, on which the employer has an influence and which objectively involve a danger”
7 Structure of psychosocial risks
FACTORS
Job demandsWork-life balance
RelationshipsSupportViolence
Traumatic events
Etc.
MAINCONSEQUENCE
S
StressViolenceBurnoutFatigue
Organizational problems
FINAL EFFECTS
Psychological, physical and behavioural
disorders
Deep rooted organizational
problems
8 Interferences
Workplace Health Promotion
Human Resources Management
Psychosocial Risk Management
Improvement of workers’ health (at work and out of work)
Improve workers’ productivity
Protection of workers’ safety and health in the workplace
Voluntary basis Voluntary basis Legal Requirement
9 Applicable legislation
STAGES LEGISLATION
FACTORS (Prevention) OSH legislation
CONSEQUENCES OSH legislation /Labour Rights
EFFECTS Compensation rules (social security, etc.)
10 ENFORCEMENT OF LEGISLATION ON PSYCHOSOCIAL CONSEQUENCES
ASPECTSWork-related stress
Violence (bullying and third-party),
Working Time, Discriminatio
n
RestructuringJob insecurityNew forms of
contractsSalaries
APPLICABLE LAW
OSH lawOSH and/orLabour law
Industrial Relations Law and
OSH in a complementary
manner (EP Resolution 2013)
GROUP 1 GROUP 2 GROUP 3
11
SAFETY AND HEALTH
WORK ENVIRONMENT / WELLBEING
LABOUR (GENERALIST)
UKIreland
NorwayDenmarkBelgium (in network)
ItalyFrance Spain
StressThird – Party ViolenceBullying (Ireland)
There’s another inspectorate for employment conditions
StressViolence (bullying, sexual harassment)Working timeRestructuring
OSH: Psychosocial risks (Violence and Stress. In Italy only stress)Labour law: equal treatment, right to dignity, privacy, working time, restructuring, contracts, salaries, etc.
Models of Labour Inspectorate in Europe
12
IRL NO DK BE IT FR ES
STRESS X X X X X X X
BULLYING X X X X X X
THIRD PARTY VIOLENCE X X X X X X
SEXUAL HARASMENT X X X X X
WORKING TIME X X X X X X
RESTRUCTURING X Ad. X X X X
SALARIES X X X
EQUAL TREATMENT X X X
DRUGS Ad.
MOBILITY SS Bonus
COMPETENCES OF LABOUR INSPECTORS ON PSYCHOSOCIAL
RISKS
13 Prosecution
Improvement Notice / Penal Procedure
Both Administrative Procedures
Improvement Notice andPenal Procedure
Prosecutors decide whether a penal procedure should be initiated
Improvement Notice and/orAdministrative Fines
UKIrelandNordic Countries
ItalyBelgiumThe Netherlands
AustriaGermanySpainFrancePortugal
14 Inspections Actions: Proactive / ReactivePROACTIVE REACTIVE
Information Complaints on bullying / harassment:- Horizontal: Nordic countries – Check Internal Procedures- Vertical: Southern countries – Employer’s liability
Risk Assessment(SLIC Campaign 2012)
Work-related Accidents-Heart attack -Psychological disorders- Any kind of accidents
Preventing measures (ILO Stress Check points)
Return to work
15 Balance of the SLIC European Campaign 2012
Main Results
General acceptation of Psychosocial Risks within the OSH legislation by all the MS
Sharing inspection methods and experiences (mutual learning)
Unambitious
Any previous deep reflection
We have not a European Tool for Labour Inspection on psychosocial risks yet
Further actions would be necessary on this topic at European level
16 Tools developed for Inspection on psychosocial risks in Europe
Nordic countries / The Netherlands
Inspectors identify psychosocial risks in the visit and demand from the employer to implement solutions
Workplace Inspection of the psychosocial working environment in the Nordic countries http://norden.diva-portal.org/smash/get/diva2:795004/FULLTEXT01.pdf
UK / Italy
Only for proactive inspections on Work-related stress. Risk Assessment
Austria / Germany / Spain
Inspectors check how prevention procedures are put into practice by the employers and their experts
France
Generalist approach: labour contracts, salaries, etc.
ILO Tool:
Unify criteria - Pending to be published
18 About the risks assessment
About the Method
Minimum content: factors. Avoid exclusions
Analysis units. Avoid confusion
Different method for SME?
About workers’ participation
Indispensable (perception of the risks and implementation of measures)
About a continuous management
On the structural risks identified in the workplace
19 About preventing measures
The convenience of using guidelines for all stakeholders on preventing measures on psychosocial risks (practical solutions)
ILO Stress Checkpoints
Danish WEA Guidance
Examine the effectiveness of the measures implemented in every case
20 About procedures on bullying complaints
Preventive aim:
It is convenient to have flexibility in the admission of complaints in order to achieve the preventive aim
Workers’ agreement:
Agreement frequently ensures that the procedures will be used by workers
Management by trained persons
Protect the privacy of the persons affected
Avoiding delays and interruptions
Impartiality and neutrality
Subsidiary public systems for SME
21 About mainstreaming of psychosocial risks
In the risk assessment
The most of labour risks derive from organisational factors
In the investigation of work-related accidents
Belgian experience
http://respectautravail.be/sites/5029.fedimbo.belgium.be/files/explorer/onderzoeken/FR/guide_checklist_aspects_psycho.PDF
22 Main aspects about inspectors’ role
Inspection of the psychosocial risk assessment
The main difference between Inspectorates is the intervention in the identification of psychosocial risks
In ordinary conditions, I consider that employers and workers should carry out the risk assessment without Inspectors’ intervention
Inspection of the measures implemented
Inspectors should intervene when implemented measures do not work correctly
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