Occupational safety and health
As an Occupational Safety and employee protection (English Occupational Safety and Health, OSH or Occupational Health and Safety, OHS ), the measures, means and methods to protect workers understood from work-related health and safety hazards. The objective is the prevention of accidents and the protection of workers.
In the German-speaking states are used partly different, but largely synonymous, terms for the current term in Germany Occupational Safety and security. In Austria, the term of protection of workers or the workers protection is widespread in Switzerland, the terms of occupational safety and " health ". The different terms depend in part on the particular different legal basis from.
A distinction has to work security (protection at work) of job security, ie protection against loss of employment (unemployment).
- 2.1 Europe
- 2.2 Germany 2.2.1 organs of OSH 2.2.1.1 Sifa and BA
- 2.2.1.2 ASA meeting
- 2.2.4.1 laws, regulations and guidelines
- 2.2.4.2 Occupational Safety and participation 2.2.4.2.1 Extensive participation opportunities
- 2.2.4.2.2 instruction
- 2.2.4.2.3 audits of OSH management systems
- 2.3.1 history
Basics
Occupational health and safety is concerned among other things with the prevention of industrial accidents, to minimize their effects (eg, by eliminating hazards, additional protective measures, personal protective equipment (PPE), Leitmerkmalmethode etc. ), public health ( long term = chronic and briefly occurring = acute exposure, for example, hazardous substances, noise, mental stress, etc.) and personal protection ( for example, maternity protection, protection of minors) at work. In operation, it can be implemented in industrial safety management through a safety management system (AMS).
Types of labor protection
When labor protection, one can distinguish between the general and the social work protection.
The general labor protection is to protect the life and health of the workers to get their work force, and make working people-friendly. Once the employer, shall adopt safety by service order or agree to an appropriate operating agreement, these are basically mandatory for the workers' rights of employment. Basic safety rules, which are intended to protect workers from significant health hazards are, therefore, comply with these absolutely. Violations can lead to disciplinary consequences, up to, where appropriate, immediate termination of employment.
The social protection work includes general issues such as working hours and employment protection.
National
Europe
In the Member States of the EU different health and safety standards exist. To improve the occupational safety and avoidance of contention between the Member States as a result of utilization of economic location advantages at the expense of labor protection has been adopted by the Council of the EC, the so-called Framework Directive for Occupational Safety ( 89/391 EEC of 12 June 1989). The Framework Directive defines minimum requirements and covers the main risks in the working environment for the safety and health protection and occupational hygiene. European coordination device is the Senior Labour Inspectors Committee.
Germany
In Germany, the Occupational Safety and monitored by a dual system:
In this research branch operates as a federal authority, the Federal Institute for Occupational Safety and Health ( BAuA).
Organs of OSH
Sifa and BA
In operation, the labor protection by the occupational health and safety ( DSD ) and the occupational physician (BA ) is realized. These are the management supplied as standard for staff positions and are at liberty to their activities. You will advise the company in terms of occupational safety, express recommendations, perform inspections by, etc. Since in principle, however, no authority exists, the occupational health and safety ( DSD ) and the company doctor engage only in exigent circumstances.
ASA meeting
At regular intervals (at least four times a year ), the health and safety committee meets (ASA ). Here are all topics of labor protection are discussed, set goals, milestones checked practiced suggestions and criticisms, and much more. The ASA consists of management representatives, executives, the Sifa (which usually also moderated by ), the occupational physician, members of the Works Council, the Safety Officer and if appropriate, the actions of employees.
Internal and external OSH experts
Every employer from an employee is obliged to take care of the labor protection. For small businesses, there is the opportunity to take over the tasks in the so called employer model itself - by prior training of the entrepreneur by the professional associations. Otherwise external freelancers may be required. Large companies usually have their own departments with full-time working company doctors and specialists for occupational safety.
History
Technical and social work safety were introduced in the 19th century in Prussia, as dramatically worsened by child labor, the health of recruits. These adopted King Friedrich Wilhelm III. in 1839 the Prussian regulative.
The Prussian trade regulations, which became the basis of the Commercial Code of the German Empire later ordered the employer to take steps to protect their workers. It was the concept of " labor legislation ".
1884 accident insurance law was passed under Bismarck, which led to the establishment of the professional associations. 1924 in Berlin set up the clinic for occupational diseases and 1933 expanded the university institution.
In the 1920s was, in view of the successful American " Safety First " movement that included the accident prevention work in the iron and steel mill in Dortmund Hoesch. With organizational measures, including the appointment of two safety engineers, and raising awareness among workers, including through lectures, posters and adverts for accident prevention means inscriptions on buildings, the number of accidents should be reduced.
At the end of the 19th century through step by step, the employees and officials were protected by legal regulations against work-related hazards. From the " worker protection " was the "Industrial safety".
1974, the Act on occupational physicians, safety engineers and other professionals for Occupational Safety ( Occupational Safety Act ) came into force.
Legal anchoring
The obligation of the contractor to occupational health and safety resulting from the Reich Insurance Code and is now in the Social Law VII (SGB VII) committed.
Laws, regulations and guidelines
German laws are now more almost exclusively through the implementation of European directives ( international harmonization ) influences. Currently, the following structure has developed:
- Occupational Safety and Health Act, including regulations Arbeitsstättenverordnung
- Baustellenverordnung
- Use ( even Ordinance to the Equipment and Product Safety Act )
- Bildschirmarbeitsverordnung
- Load handling Regulation
- Noise and Vibration OSH Regulation
- Biostoffverordnung
- Hazardous Materials ( also Regulation on Chemicals Act)
- Technical rules
- Equipment and Product Safety Act ( GPSG ) and its Regulations ( GPSGV, examples) 9 GPSGV ( Machinery Directive )
- 11 GPSGV ( Explosive Atmosphere)
- Toy Regulation
- Occupational Safety Act ( ASiG ) Health and safety legislation of the statutory accident insurance (BGV; BGR; BGI)
- Chemicals Act and its regulations
- Atomic Energy Act and its regulations Röntgenverordnung
- Radiation Protection Ordinance
Employment protection and participation
Unlike the earlier legislation are the following European regulations Labour Protection Act ( ArbSchG) the company a very wide discretion in the implementation, in order to meet the specific circumstances of an establishment can cater. Since the OSH Act is a framework without detailed requirements, it not only expands scope and responsibility of the employer, but, together with the Works Constitution Act the works very extensive co-determination and design options. Thus, the requirements of ArbSchG can be implemented, among others, voluntary agreements operating in company with works or staff councils. Specifically, the law requires in a preventive approach for the work planning risk assessments, one based on these assessments definition of OSH measures, their implementation and effectiveness of controls. There is some documentation requirements. As a result of the employer's duty to avoid hazards caused by improper loading and prevent work-related illnesses. For councils this is an obligation of participation.
An essential element of labor protection are the instructions. Their design and implementation is also influenced. So calls § 12 paragraph 1 of the Labour Protection Act, that staff are trained adequately and appropriately during working hours. Manner and the extent of instruction must be in reasonable proportion to the existing hazardous situation and the qualifications of the insured. The instruction is an occupational health and safety measure, which is based on a hazard assessment.
In companies with a safety management system (AMS ), the employee representative also participates in the external audit of the certification bodies. It is the certification audit, the re-certification audit and interim audits. Participation in the audit is important because the labor inspection companies can be " relieved " with a AMS in mission- initiated controls check. The regulatory control relies here on the audits by companies whose principal is the employer. When inattentive audits and simplified controls by the tissue supervision is a risk of inadequate monitoring of the quality of labor protection.
In the standard BS OHSAS 18001 for AMS, there is also a separate paragraph for " participation and consultation ," the councils certified in accordance with OHSAS 18001 companies should be known.
Austria
Under labor protection and labor protection is understood in Austria, the sum of all the arrangements and activities that have the protection of life and health of people in their work to targets. This area is more accurately referred to as employee protection.
The employee protection in Austria (also as in many other European countries) significantly determined by the basic guidelines of the EC. These guidelines are based most of the national labor protection laws and regulations, such as the Employee Protection Act ( WEA ).
An overview of the provisions of the WEA in the brochure "Safety and Health at Work ." A full text database of all Austrian workers protection legislation and the relevant ancillary provisions, together with explanatory notes has been published since 1997 as a CD -ROM and is updated regularly.
The Labour Inspectorate is the most important legally delegated authority to combat deficits in safety and health at work in Austria. Through a nationwide uniform enforcement practice, the claims for equal rights and fair competition be ensured in the working world. This work contributes to the prevention of accidents and occupational health hazards, to the advancement of occupational safety and health and to social acceptance of worker protection. The labor inspectorate is represented by its own website on the internet. The range of topics ranging from the general protection provisions at work, the design of workplaces and the use of work equipment to working time arrangements and the protection for certain groups of people in the working world.
History
A detailed description of the development of the employee protection provisions in Austria since the beginning of the 19th century is accessible as a book chapter.
1883 a relatively comprehensive monitoring authority has been established in Austria - Hungary by creating the Gewerbeinspection. An amendment of the Commercial Code in 1885 put down some worker protection regulations. For example, the maximum working hours for factory workers ( aged 14 ) to 11 hours was fixed. Child labor under 14 years has been prohibited, as night work for women and young people (up to 16). However, the ban only in the field of trade regulations were, were often not respected and there were numerous exceptions.
Switzerland
In Switzerland, the regulation of working safety after the Accident Insurance Act (LAA ) of the Swiss National Accident Insurance Fund (SUVA ) and the Federal Coordination Commission for Occupational Safety ( CFST ) is adopted.
Switzerland's health is regulated by the Labour Law and is to protect the goal, workers and workers from health hazards. The law is applicable to all public and private enterprises and in particular the operations of industry, commerce and trade.
In labor law particularly the working hours ( maximum weekly working hours, overtime, rest periods and breaks), night work, weekend work, shift work and continuous operation, special protection for young people, pregnant women and mothers, industrial establishments and the health are generally fixed.
United Kingdom
In the UK, health and safety regulations by the Health and Safety Executive are regulated.