This handout from the spring 2018 EHSxTech meeting in Paris includes information on health and safety obligations for companies in the European Union (EU).
2. ®
Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Required?*
Prescribed or
Risk Based or
Not Required
Prescribed or
Risk Based or
Not Required
Prescribed or
Risk Based or
Not Required
Austria Yes Yes Yes Yes
Belgium Yes Yes/RA Yes Yes
Denmark Yes Yes Yes Yes
Finland Yes Yes Yes Yes
France Yes Yes Yes Yes
Germany Yes Yes Yes Yes
Ireland Yes Yes/RA Yes Yes/RA
Israel Yes Yes Yes Yes
Italy Yes Yes Yes Yes
Netherlands Yes Yes Yes Yes
Poland Yes Yes Yes Yes
Spain Yes Yes Yes Yes
Sweden Yes Yes Yes Yes
United Kingdom Yes Yes/RA Yes Yes/RA
Yes= Required as Prescribed by the Regulation Yes/RA= May be Required if Identified in a Risk Assessment No= Not Required / No Regulation
1
3. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Austria
Act on Workers’ Protection, BGBl. Nr.
450/1994; according to §88 companies with
more than 100 employees have to install safety
comittees which have to meet at least once a
year and to improve workers safety conditions.
Act on Workers’ Protection, BGBl. Nr.
450/1994; all companies regardless their
number of employees must appoint an occu-
pational physician; however, they can choose
if internal or external; for companies up to
50 employees this service is provided by an
authority.
Act on Workers’ Protection, BGBl. Nr.
450/1994; all companies regardless their
number of employees must appoint an health
and safety officer; however, they can choose
if internal or external; for companies up to
50 employees this service is provided by an
authority.
First aider must receive 8 hour training from
the Austrian Red Cross or equivalent, every 4
years.
First Aider (§ 40 (2) Workplace Ordinance)
Belgium
Codex on Welfare at Work book II Title 7: A
health and safety committee is required where
there are at least 50 employees.
Codex on Welfare at Work book II Title 7: A
health and safety committee is required where
there are at least 50 employees.
Law on Welfare Art. 33 and Codex on Welfare
Art. II.1-7: Every employer is obliged to set up
an Internal Service for Prevention and Protec-
tion at work. To this end, every employer has
at least one prevention advisor. In compa-
nies with fewer than twenty employees, the
employer may fulfill the function of prevention
advisor himself.
For the well-being domains that are not cov-
ered by the expertise of the internal service,
an external service must be used.An identi-
fication document specifies the composition
of the internal service and specifies which
domains/items will be handled by the internal
or external service.
Internal confidential counsellor must partic-
ipate in a basic training (5 days) and partici-
pates in an annual supervision training (0.5
day).
Basic training is needed to acquire knowledge
and skills for first aid. Annual retraining is
mandatory.
The prevention counsellor should have suffi-
cient knowledge of the legslation concerning
the well-being at work (basic formation of 6
days is recommended but not mandatory).
Employer must appoint and train a
sufficient number of employees to act as “Ser-
vice against Fire” team. These employees must
be trained in firefighting (theory + practical
exercises).
All employees must receive training on emer-
gency procedures upon commencement of
work.
All employees that are exposed to risks at work
must receive adequate training as detemined
in the relevant risk assessments.
®
2
4. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Denmark
Companies with more than 10 employees,
cooperation on health and safety shall be orga-
nized in a health and safety working organiza-
tion (AMO). The employer must ensure that
members of the health and safety organisation
have completed a mandatory 3 day health and
safety training course within three months of
their election or appointment. Subsequent-
ly, the employer will offer members of the
health and safety organisation supplementary
courses on health and safety during the first
year corresponding to two days’ duration and,
in each of the following years of the period of
office, corresponding to one-and-a-half days’
duration. Executive Order 1181 15/10/2010
The employer is obligated to have:
• Work place evalution (APV) no more than
3 years old
• Work environment organisation, if more
than 9 employees
• Safety data sheets on chemichals and
guides on the protection gear
• Yearly talk on the work environment and
improvement goals
• Executive order 1181 15/10/2010 and
Working Environment Act 1084 19/9/2017,
Work Environment
Authority Guides F.3.2-F.3.7
Executive Order Work with Display Screen
Equipment, Article 6
1108 of 15 December 1992 The employee is
entitled an eye test upon commencement of
screen work, at regular intervals thereafter and
in the event they experience visual difficulties.
They should also be provided with corrective
glasses if required for screen work.
Working Environment Act, Article 27 - 29
1084 of 19 September 2017: Multiple employ-
ers and employees sharing working premises
must cooperate on a safe and healthy working
environment.
Training is required by federal requirements
and must address the results of the site-specif-
ic risk assessment.
Executive Order on the cooperation of Safety
and Health (no. 1181 of 15 October 2010),
Part 7 - Health and safety training, Mandatory
health and safety training....(34) The employer
shall ensure that health and safety representa-
tives and supervisors in the health and safety
organization complete, or have completed, a
mandatory health and safety training course
of three days. (36) Within their first year as a
health and safety representative, the employer
shall offer supplementary health and safety
training corresponding to a two-day course to
health and safety representatives and supervi-
sors in the health and safety organization who
have completed the mandatory health and
safety course. (38) The objective of supple-
mentary health and safety training is to ensure
regular updates in the area that strengthen the
skills of health and safety representatives and
supervisors in the health and safety organiza-
tion. Supplementary health and safety training
shall impart knowledge and skills that are rele-
vant with regard to health and safety activities
in the enterprise.
Work Environment Act (no. 1084 of 19
September 2017), Chapter 4, 15§ General
obligations
The employer shall inform the employees
of any risks of accidents and diseases which
may exist in connection with their work. The
employer shall ensure that the employees
receive the necessary training and instruction
to perform their work in such a way as to avoid
any possibility of risk.
Act on Environmental Protection (no. 966 of 23
June 2017) Chapter 1, 4§ Section 4 The person
who commences or carries out activities which
may give rise to pollution must take measures
to prevent this.
®
3
5. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Denmark
(continued)
Work Environment Act (no. 1084 of 19 Sep-
tember 2017)
This law requires a risk assessment that should
then be used to provide training based the
following questions:
• Which safety/health risks have been identi-
fied within the business?
• Which are the greatest risks? It may be
easier to understand why it is important
to follow procedures and guidelines if the
identified risks (physical and psychological
stress, disturbance, trips/falls, and fire) are
presented in the introduction.
AT - guidelines: AT (Danish work environment
agency) published several guidelines specifik
to any of the typical field i.e. office. The typical
risks and evalutions tools are specified here.
When the guidelines are followed AT accepts
this as the Work environment act are followed.
Finland
Act on Occupational Safety and Health
Enforcement and Cooperation on Workplace
Safety and Health, Section 38 In workplaces
where there are more than 20 employees,
an occupational safety and health committee
shall be established for two years at a time.
Both the employer and the employees must be
represented on the committee.
Occupational Health Care Act 1383/2001,
Section 11 -12: The employer must have a
written occupational health care action plan in
place outlining the general aims of occupa-
tional health care, the requirements based
on workplace conditions and the associated
measures. This plan should be revised annually
on the basis of workplace visits and other
investigations carried out by the occupational
health care service provider.
Act on Occupational Safety and Health
Enforcement and Cooperation on Workplace
Safety and Health, Section 28 The employer
shall nominate a representative (Occupational
Health and Safety Manager) for cooperation
unless he wishes to take the position himself.
Act on Occupational Safety and Health
Enforcement and Cooperation on Workplace
Safety and Health, Section 29Where there are
more than 10 employees working, employees
must elect a health and safety representative
and two vice representatives to represent
them in cooperation matters.
Occupational Safety Act 738/2002, Section 14
Training and supervision for employees : The
employer must provide workers with adequate
information about risks in the workplace and
ensure that employees receive adequate in-
troduction to the work, working methods and
tools especially before a new job/task starts or
changes.
Occupational Safety and Health Act 738/2002,
Section 18 Employees health and safety duties:
Employees and managers should receive train-
ing on their H&S responsibilities
Occupational Safety and Health Act 738/2002,
Section 44 Employees to be provided with
training and information on emergency pro-
cedures and actions to be taken following an
accident.
Occupational Safety and Health Act 738/2002,
Section 45 Instructions on the measures to
be taken in the event of fire (including use
of emergency equipment) to be provided to
employees and to always be available in the
workplace.
®
4
6. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Finland
(continued)
Occupational Safety and Health Act 738/2002,
Section 46 First aid: In accordance with the
work and working conditions, the employees
shall be provided with instructions on the mea-
sures to be taken in order to receive first aid in
the case of an accident or illness.
Occupational Safety and Health Act 738/2002,
Section 47 The employer must appoint and
train a sufficient number of employees to
carry out first aid and fire evacuation duties,
based on the nature of the work, the particular
risks involved, and the size of the workplace.
Employees are required to cooperate with the
employer in this regard.
Government Decree on the safety and health
at work 577/2003, Section 17 Protective and
emergency instructions to employees: Employ-
ees must be provided instructions regarding
handling of fire extinguishers, fire alarms, fire
doors, alerting the fire department and quick
evacuation as well as other fire protection
measures with regards to conditions in the
workplace.
Government Decision on work with visual
display units (VDU) (22.12.1993/1405), Section
5 Training and instructions: When work with
VDU begins or a workplace significantly chang-
es, the employer shall provide employees with
adequate training and supervision.
France
Labor code Art. L2311-2 to L2312-34:
A social and economic committee shall be set
up in companies with at least 11 employees.
Its implementation is mandatory only if the
number of employees of at least eleven is
reached during twelve consecutive months.
The SEC mission is to present to the employer
the individual or collective complaints relating
to the application of the Labour Code. It can
contribute to promote Health and Safety in the
company. Between 50 and 299 employees,
the SEC can participate in the risk assessment
implementation (Art. L2312-9).
Labor code, Art. R4622 - R4625 Health surveil-
lance of employees via appointed occupational
health service
Work code, Art. D4622-1
The occupational health service is organised
as:
1° an independent service, which may be a
group service within the meaning of section
L. 2331-1, of an enterprise, inter-institution,
establishment or joint enterprise constituting
an economic and social unit;
2° an inter-company occupational health
service.
Labor code, Art. L4644-1 :
The employer shall appoint a qualified em-
ployee to ensure the safety activities. If not
possible, the employer can delegate this task
to an external party after agreement with the
economic and social committee
Labor code, Art. R4141-3-1
Consultation and communication with employ-
ees on H&S matters
Training is based on the risk assessment. Risk
related training must cover :
1. The terms of access to the “Document
Unique” related to risk assessment;
2. The prevention measures identified in the
“Document Unique” when concerned;
3. The role of the occupational health service
and, if applicable, the role of employee repre-
sentatives in terms of the occupational hazards
prevention;
4. Where applicable, the provisions containing
the Internal Rules;
®
5
7. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
France
(continued)
Labor code, Art. L2315-36 - Safety committee:
A Health, Safety and Working Conditions Com-
mittee is set up within the Social and Economic
Committee in:
1° Companies with at least three hundred
employees;
2° Separate establishments with at least three
hundred employees;
Labor code, Art. L2315-27
At least four meetings of the Social and
Economic Committee shall be held annually,
in whole or in part, to discuss the Committee’s
responsibilities in the field of health, safety
and working conditions, more frequently if
necessary, particularly in branches of activity
presenting particular risks.
Work code, Art. D4622-3
The exclusive mission of occupational health
services is to prevent any deterioration in
workers’ health as a result of their work. To
that end, they:
1° Carry out occupational health actions, with
the aim of preserving the physical and mental
health of workers throughout their profession-
al career;
2° Advise employers, workers and their rep-
resentatives on the provisions and measures
necessary to avoid or reduce occupational risks
and improve working conditions;
3° Monitor the health status of workers ac-
cording to the risks concerning their occupa-
tional health and safety;
4° Participate in monitoring and contribute to
the traceability of occupational exposure and
health monitoring.
Work code, Art. D4622-4
The role of the occupational physician is
exclusively preventive. It consists of avoiding
any deterioration in workers’ health as a result
of their work, in particularly by monitoring
their health conditions at work, the risks of
contagion and their state of health
Labor code, Art. L4121-1
The employer shall take the necessary mea-
sures to ensure the safety and protect the
physical and mental health of workers.
These measures include
1° Actions to prevent occupational risks, in-
cluding those mentioned in Article L. 4161-1;
2° Information and training activities;
3° The establishment of an organization and
adapted means.
The employer shall ensure that these mea-
sures are adapted to take account of changing
circumstances and to improve existing situa-
tions.
5. The fire safety rules and instructions and the
responsible persons for the implementation
of the measures mentioned in these rules and
instructions.
Labor code, Art. L4141-1
The employer shall organise and provide
workers with information on health and
safety risks and the measures taken to prevent
them.
He also organises and provides workers with
information on the risks to public health or the
environment posed by products or manufac-
turing processes used or carried out by the
establishment and on the measures taken to
prevent them.
Labor code, Art. R4141-3
The purpose of safety training is to instruct
the worker to take precautions to ensure his
own safety and, where appropriate, that of
other persons working in the establishment. It
is about:
1° Conditions of movement within the com-
pany;
2° Conditions of the work execution;
3° The conduct to be followed in the event of
an accident or disaster.
Germany
Act on Occupational Physicians, Safety
Engineers and Other Occupational Specialists
(ASiG) § 11 and DGUV Regulation 1, Section 20
Consultation and communication with em-
ployees on H&S matters, e.g. Occupational
H&S committee “ASA” required where there
are more than 20 employees present in an
establishment. An establishment within the
meaning of the ASiG or the DGUV regulation
2, Annex 1 is “a closed unit characterized by
organizational independence with its own deci-
sion-making characteristics.
Act on Occupational Physicians, Safety Engi-
neers and Other Occupational Specialists(ASiG)
§§2-4 and Accident Prevention Regulation:
Occupational Physicians & OSH Profession-
als(DGUV V2) §2: Need for nomination of an
Occupational Physician starting at 1 employ-
ee. Training certificate (“Arbeitsmedizin” or
“Betriebsmedizin”) and written appointment
by site management is required.
Occupational physicians shall support employ-
ers in all matters of health protection in con-
nection with occupational safety and health
as well as accident prevention. In particular,
they shall:
Act on Occupational Physicians, Safety Engi-
neers and Other Occupational Specialists(ASiG)
§§1&5ff and Annex II and DGUV Vorschrift 2
Occupational Physicians & OSH Professionals
§2: Need for nomination of an HS specialist in
establishments with more than 10 employees.
Safety expertise (“Sicherheitsingenieur” or “Si-
cherheitstechniker”) and written appointment
by site management is required.
The occupational safety specialists shall sup-
port employers in all matters of occupational
safety in connection with occupational safety
and health as well as accident prevention
including measures designed to tailor jobs to
meet human requirements. In particular, they
shall:
H&S training of employees working in offices
is mainly regulated by the German Occupa-
tional Safety Act (ArbSchG) and the Accident
Prevention Rule DGUV Vorschrift 1 - Princi-
ples of Accident Prevention (Grundsätze der
Prävention). §12 of ArbSchG requires that
H&S training shall comprise instructions and
explanations with specific relevance to the
workplace and the tasks of the workers con-
cerned. H&S training shall be given (1) prior to
the beginning of work by the worker upon his
recruitment, (2) after any changes in task, (3)
upon the introduction of new work equipment
or a new technology. The content of the H&S
training has to reflect the results of risk assess-
ment (Gefährdungsbeurteilung) according to
§§5, 6 of ArbSchG.
®
6
8. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Germany
(continued)
The committee is comprised of:
1. the employer or an appointed
representative,
2. two members of the works council
appointed by the works council,
3. occupational physicians (Be-
triebsärzte),
4. occupational safety specialists
(Fachkräfte für Arbeitssicherheit),
and
5. safety officers (Sicherheitsbeauf-
tragte) pursuant to section 22 of
the Seventh Book of the Social
Code (Sozialgesetzbuch).
The occupational safety and health
committee shall have the task of
discussing matters of occupational
safety and health and accident pre-
vention. The occupational safety and
health committee shall meet at least
once every three months.
1. provide guidance to the employer and other
persons responsible for occupational safety
and health and for accident prevention;
2. examine the workers, assess them and
offer them guidance in terms of occupational
medicine, and record and evaluate the results
of such examinations,
3. monitor the implementation of the
occupational safety and health and accident
prevention measures;
4. make efforts to ensure that all workers of an
establishment act in accordance with the re-
quirements of occupational safety and health
and accident prevention, in particular, instruct
them with regard to the accident and health
hazards they are exposed to at work as well as
the facilities and measures available to avoid
such hazards, and cooperate in the scheduling
and training of the “First Aid” assistants and
the medical auxiliary personnel.
Occupational physicians shall inform a worker
at his/her request about the result of occupa-
tional medical examinations.
The obligations of occupational physicians do
not include the verification of whether or not a
worker’s sick report is justified.
1. provide guidance to the employer and
other persons responsible for occupational
safety and health and for accident prevention;
2. inspect operating facilities and work
equipment, in particular before they are put
into service, and check working processes,
especially before they are introduced, under
the aspects of technical safety;
3. monitor the implementation of the occupa-
tional safety and health and accident preven-
tion measures;
4. make efforts to ensure that all workers of
an establishment act in accordance with the
re-quirements of occupational safety and
health and accident prevention, in particular,
instruct them with regard to the accident and
health hazards they are exposed to at work as
well as the facilities and measures available to
avoid such hazards, and cooperate in the
training of the safety officers
(Sicherheitsbeauftragte).
Social Code VII § 22 and DGUV Vorschrift 1 Sec-
tion 20 and DGUV Regulation 1, Section 4.2.6
Appointment of safety delegates (Sicherheits-
beauftragte). Generally, enterprises with more
than 20 employees must have at least one (1)
safety delegate. The exact number must be
defined individually, considering:
• Risks for health and safety
• Spatial proximity of the H&S officer to the
workers
• Timely proximity of the H&S officer to the
workers
• Technical proximity of the H&S officer to the
workers
• Number of employees.
For offices, at least one safety officer is
required between 21 and 250 employees. For
each commenced further 400 employees, at
least one additional safety officer is required.
The employer shall give the safety delegates the
opportunity, taking into account the enterprise’s
operational requirements, to attend training courses
of the Institution for Statutory Accident Insurance and
Prevention (BG) if necessary in view of the nature of
the workplace and the associated accident and health
hazards for the insured persons. Without the training,
the safety officer cannot fulfil his duties.
The risk assessment aims to identify all risks that work-
ers are exposed to, defines measures to minimize work
related risks, and has to consider the provisions con-
tained in the subordinate ordinances, i.e. the Ordinance
on Hazardous Substances (GefStoffV), the Ordinance on
Industrial Safety (BetrSichV), the Ordinance on Work-
places (ArbStättV), and the Ordinance on the Manual
Handling of Loads (LasthandhabV).
According to DGUV Vorschrift 1 section 4, the employer
shall convey to the ensured persons in a comprehensible
manner, the content of the applicable accident preven-
tion rules and principles; rules issued by the German
social accident insurance institutions and pertinent
government rules and regulations that is relevant to
their area of work or their job. The instruction shall be
repeated as required, at least once a year, and shall be
documented.
In the case of temporary workers, the hirer shall be
responsible for providing the training. He shall perform
the training with due regard to the qualification and
experience of the persons assigned to him for perform-
ing work. All other obligations of the hirer-out regarding
occupational safety and health shall not be affected.
Regulatory citations:
1. Law on the performance of occupational safety
and health measures to encourage improvements
in the safety and health of workers at work (Arbe-
itsschutzgesetz - ArbSchG) of August 7, 1996, last
amended August 31, 2015
2. Accident Prevention Rule DGUV Vorschrift 1 - Princi-
ples of Accident Prevention (Grundsätze der Präven-
tion) of November 2013
3. Ordinance on Hazardous Materials (Gefahrstoffver-
ordnung - GefStoffV) of November 26, 2010, last
amended March 29, 2017
4. Ordinance on Industrial Safety and Health (Betriebssi-
cherheitsverordnung - BetrSichV) of February 3, 2015,
last amended October 18, 2017
5. Ordinance on Workplaces (Arbeitsstättenverordnung -
ArbStättV) of August 12, 2004, last amended October
18, 2017
6. Ordinance on Manual Handling of Loads (Lastenhand-
habungsverordnung - LasthandhabV) of December 4,
1996, last amended October 18, 2017
®
7
9. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Ireland
The Safety, Health and Welfare at Work Act
2005. Section 25 & 26- Safety Representation
and Consultation andparticipation of employ-
ees, safety committees.
The employer shall consult those employees in
good time on matters relating to their health
and safety at work.
The consultation required should be with
either—
1. the employees directly; or
2. in respect of any group of employees, one
or more persons in that group who were
elected, by the employees in that group at
the time of the election, to represent that
group for the purposes of such consultation.
Duty to provide employees with necessary
information to enable them to participate fully
in consultation.
Training, time off and facilities for representa-
tives of employee safety and time off for candi-
dates seeking election as safety representative.
The Safety, Health and Welfare at Work Act
2005, Regulation 22 - Every employer shall
ensure that health surveillance appropriate to
the risks to safety, health and welfare that may
be incurred at the place of work identified by
the risk assessment under section 19, is made
available to his or her employees.
The Safety, Health and Welfare at Work Act
2005, Regulation 23 -
1. An employer may require an employee of
a class or classes, as may be prescribed,
to undergo an assessment by a registered
medical practitioner, nominated by the em-
ployer, of his or her fitness to perform work
activities referred to in subsection (2) and
the employee shall co-operate with such a
medical assessment.
2. An employer shall ensure that employees
undergo assessment by a registered medical
practitioner of their fitness to perform work
activities, as may be prescribed, which,
when performed, give rise to serious risks
to the safety, health and welfare of persons
at work.
3. Where, following an assessment under
subsection (1), a registered medical prac-
titioner is of the opinion that an employee
is unfit to perform work activities referred
to in subsection (2), he or she shall notify
the employer, by the quickest practicable
means, of that opinion and the likelihood of
early resumption of work for rehabilitative
purposes and shall inform the employee
accordingly, giving the reasons for that
opinion.
4. If an employee referred to in subsection (1)
becomes aware that he or she is suffering
from any disease or physical or mental im-
pairment which, should he or she perform
a work activity referred to in subsection
(2), would be likely to cause him or her to
expose himself or herself or another person
to danger or risk of danger, he or she shall
immediately notify the employer concerned
or a registered medical practitioner nom-
inated by that employer who shall in turn
notify the employer.
The Safety, Health and Welfare at Work Act
2005, Regulation 8(l).
An employer should where necessary, the ser-
vices of a competent person (whether under a
contract of employment or otherwise) for the
purpose of ensuring, so far as is reasonably
practicable, the safety, health and welfare at
work of his or her employees.
The Safety, Health and Welfare at Work Act
2005. Regulation 8(g)
Employers have a duty to provide the infor-
mation, instruction, training and supervision
necessary to ensure, so far as is reasonably
practicable, the safety, health, and welfare
at work of his or her employees.
®
8
10. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Israel
Regulations for the Organising of Labour
Inspection (safety management plan) 2013,
Article 5
Organization and Supervision of Work (Provid-
ing Information and Employee Training), 1999
Labour Inspection (Organisation) Law, 5714-
1954, Article 10
Work Safety Ordinance (New Version) 5730 –
1970
Ministry of Industry Trade and Labor, Labor
Laws, “Accidents and Occupational Diseases
(Notification) Ordinance, 1945”,
Labor Laws: Labour Inspection (Organisa-
tion) Law, 5714-1954, Information and safety
training
Ministry of Environment, Hazardous Sub-
stances, “Licensing of Businesses Regulations
(Disposal of Hazardous Wastes), 1990”
Labor Laws, Accidents and Occupational Dis-
eases (Notification) Ordinance, 1945
Regulations on the Organisation of Labour In-
spection Organization (provision of information
and training to employees), 1999, Article 12
Work Safety Ordinance (New Version) 5730 –
1970, Reg 147 & 148
Accidents and Occupational Diseases (Notifica-
tion) Ordinance, 1945, Article 3
Ministry of Industry Trade and Labor, Labor
Laws, “Labour Inspection (Organisation) Law,
5714-1954”
. Ministry of Environment, Hazardous Sub-
stances, Hazardous Substances law, 1993
Ministry of Environment, Hazardous Sub-
stances, Hazardous Substances Regulations
(Classification and Exemption), 1996.
Regulations of the Organization and Super-
vision of Work (Providing Information and
Employee Training), 1999.
Italy
Legislative Decree 81/2008
According to Art.18 and 35 of Leg.Decree
81/08, in companies employing more than
15 workers, the employer, either directly or
through the risk prevention and protection
service, must organise a meeting at least once
a year. In the subject meeting the following
figures must be present:
1. the employer or its representative;
2. the person responsible for risk prevetion
and protection (RSPP);
3. the occupational doctor, if appointed;
4. the workers’ safety representative (RLS).
The main topics are: review of the risk assess-
ment document (DVR), medical surveillance
results, training program, personal protective
equipment, comments from the RLS.
Legislative Decree 81/2008, Article 18
The Employer has to appoint an Occupational
Doctor responsible for medical surveillance.
Occupational doctor holds a labor medical
specialism and has to be recorded in an official
list to the Ministry of Health.
The occupational doctor has the following
main tasks:
- provides support to the Employer in the pro-
cess of risk analysis of the workplaces;
- participates to the organization of the first
aid service and the information and training
programs;
- set up the medical protocol and performs
medical surveillance;
- writes, updates and files the clinical and risk
record for each worker and agrees with the
employer the place where the clinical records
are kept.
- at the contract expiry, gives to workers all
clinical documentation and inform them about
its keeping.
Legislative Decree 81/2008, Article 17, 31 and
32
The Employer has to appoint a Prevention &
Protection Service Manager (PPSM)
The PPSM (RSPP in Italian) is appointed by the
Employer and he has the following tasks:
- identifies risk factors, to assess the risks and
evaluate corrective measures aimed to assure
hygiene, health and safety at the workplaces;
- sets up safety procedures to prevent risks,
- suggests adequate information and training
worker’s program.
Legislative Decree 81/2008
H&S training of employees working in offices
is mainly regulated by the Italian Legislative
Decree 81/08. Art. 37 of law requires that that
the employer provide to all employees a gener-
al H&S training and H&S specific training based
on the risk level of the activities conducted and
evaluated in the Risk Assessment Document.
The Risk Assessment aims to identify all risks
that workers are exposed to, defines measures
to minimize work related risks.
In addition first aid and firefighting training
have to be issued by external company based
on the level of risk to an emergency team.
In general, the following training is required:
• General and Specific training for all the
employees
• Specific Training for Manager, Supervisor,
RSPP, RLS, First Aid and Firefighting
• Periodical fire drill, at least yearly
®
9
11. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Italy
(continued)
• The original clinical and risks report has to
be kept by the employer for ten years;
• informs workers and RLS about meaning of
medical surveillance and, in case of exposi-
tion to agent
• with long term effects, inform them about
the need of checkups after the end of the
employment;
• informs in a written form, during the
periodic meeting, the Employer, the RSPP,
and the RLS about:
• anonymous results of medical surveillance,
and informs them about the meaning of
these results;
• visits workplace at least once a year, or
with a different periodicity if foreseen by
the risk assessment document.
All the H&S training require a periodical
refresh.
Netherlands
The Working Conditions Act, Article 12
THe employer must instal a workers council if
there are more then 50 employees.
The Working Conditions Act, Article 5
Risk assessment of the work environment and
work activities “RI&E”. Resulting the RI&E an
action plan should be made indicating the
measures to be taken in conjunction with the
relevant risks and the relation ship between
them and a time frame. THe information re-
sulting the RI&E including the action plan must
be available to employees in the workplace.
The Working Conditions Act, Article 14
All employees must have acces to an (inde-
pendent) occopational doctor or occupational
service. E
The Working Conditions Act, Article 18
Employers also shall give the employee the
oppertunity to undergo health examinations at
regular intervals.
The Working Conditions Act, Article 13
The employer must seek the assistance of
one or more expert employees “Prevention
Workers” in connection with his compliance
with obligations under the Act. If such experts
are not present internally the employer must
use external experts.
Working Conditions Act, Article 8
There is no specific requirement to provide
H&S training, but the employer must properly
inform its employees on working activities,
risks and preventive measures to be taken to
ensure employees health and safety at work.
They also need to inform employees on which
person are appointed as health and safety ex-
perts. Eployees must be informed and involved
in regards to the RI&E indentified risks.
Working Conditions Act, Article 11
As an employee you should become acquaint-
ed with the risks and appropriate prevention
and protection measures that have been iden-
tified for your office. As a employee you are
required by the law to comply with trainings
and instructions provided by your employer,
which includes preventative and protective
actions and safety requirements.
The Working Conditions Act, Article 15
ERT staff shall have such traing to properly
perform their tasks.
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10
12. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Poland
Labour code (consolidated text Dz.U. 1998 N°
21, item 94)
One of the elementary duties of the employer
as defined in Article 237(12) of the Labour
Code, is to establish in the enterprise an occu-
pational safety and health committee.
Each employer, regardless of the kind of con-
ducted activity, who employs more than 250
employees is obliged to establish an occupa-
tional safety and health committee.
The committee is an advisory and opinion
giving organ to the employer. The committee
consists of: the employer, a representative of
employees, H&S Service member, the doctor
responsible for the employee health care, as
well as other people whose function in the
enterprise is essentially related to occupational
safety and health.
Under Article 237(11a) the employer is obliged
to consult with the employees or their repre-
sentatives on any actions relating to occupa-
tional safety and health.
Regulation of the Minister of Health and
Welfare of May 30, 1996 on the law governing
the medical examination of workers, the scope
of preventive health care for laboratories and
medical certificates issued for the purposes set
out in the Labor Code (Official Journal of Laws
of 2016, item 2067).
An employee cannot be admitted to work
without a current medical certificate confirm-
ing the lack of contraindications to work at a
specific position. The Employer is responsible
for the proper occupational medical health-
care.
Occupational medical examinations include:
1. preliminary examinations;
2. control examinations;
3. periodic examinations
Medical examinations shall be conducted
during working hours at the employer’s
expense.
Labour code (consolidated text Dz.U. 1998 N°
21, item 94), Chapter X, article 237(1)
An employer who hires in excess of 100 em-
ployees shall hire professional H&S Specialist
part time. The employers with up to 100 em-
ployees entrusts the performance of the duties
of the health and safety for an employee who
does other work.
When the employer hires in excess of 600
eployees the Employer shall hire professional
H&S Specialist full time.
The persons responsible for H&S topcs shall
have proper qualification.
Ordinance of the Minister of Economy and
Labor on Training in Regard to H&S at a work-
place [Dz. U. 2004 No. 180, Item 1860).
Art. 2.1. An employer provides to every em-
ployee proper H&S Trainings.
The training in the field of Occupational Safety
and Health (OSH) is conducted as:
• Preliminary training,
• Periodic training.
Preliminary training includes:
• general preliminary training (general instruc-
tion) – held by H&S Inspector,
• Preliminary training at the workstation (post
instruction) – held by a Manager.
Periodic training aims at updating and consol-
idating the knowledge in the field of OSH as
well as familiarising the employees with recent
regulations and technical and organisational
solutions.
®
11
13. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Spain
Act 31/1995 on Prevention of Occupational
Risks, Article 35
Companies that have more than 6 employees
must elect a “Prevention Delegate”. Such
persons must receive appropriate training
and resources to fulfill their duties. If the
facility has more than 50 workers, Prevention
Delegates must be appointed by and from
among the personnel representatives in the
numbers specified. Responsibilities are defined
in Article 36.
Act 31/1995 on Prevention of Occupational
Risks, Article 38 & 39 A H&S committee must
be formed in companies with more than 50
employees. The H&S Committee must take
part in the drafting, implementation and
assessment of the company’s risk prevention
plans and programmes. The committee must
receive appropriate training. Notes: Health
and Safety Committees are the counterparts
of facility management and professional par-
ticipatory bodies for consultation on matters
of facility risk prevention. The Committee is
composed of Prevention Delegates and em-
ployer representatives. The Committee meets
quarterly.
Act 31/1995 on Prevention of Occupational
Risks, Article 22
The facility must conduct periodic medical
surveillance exams to determine the health
status of workers. Medical surveillance exams
are based on the risk assessment and can only
be conducted with the consent of the workers
concerned or when specifically required by law
and the results of all monitoring must remain
confidential. Access to medical information is
restricted to the concerned worker, medical
personnel and health authorities.
Royal Decree 39/1997 Regulations on Preven-
tive Services, Articles 4-5, 8-9 and 10 - 11.
A sufficiently qualified employee or external
service to carry out preventive activities:
• evaluation/assessment and support in
accordance with the types of risks present
at the facility, and specifically in relation to
the following:
• Design, establishment, and application of a
plan for the prevention of work-related risks
that allows for the integration of prevention
activities within the facility;
• Evaluation of risk factors which may affect
worker health and safety (risk evaluation,
preventive measures, reassessment and cor-
rection of preventive measures;
• Planning of prevention activities and deter-
mination of priorities for adopting appro-
priate preventive measures and monitoring
their efficiency;
• Provision of worker information and
training;
• Provision of first-aid and emergency plans;
and
• Monitoring of worker health with respect to
work-related risks
Roles, training needs and qualifications are
established by Royal Decree 39/1997 (as
amended through Royal Decree 298/2009 of 6
March 2009 and Royal Decree 337/2010 of 19
March 2010). Defines basic, intermediate and
higher qualification requirement and functions
(Art. 35-37 and Annexes IV-VI).
Law 31 of 8 November 1995 for the Prevention
of Work-Related Risks. According to Spanish
regulations, training information must be
based on the results of the risk assessments
(level of risks) and must include the preventive
measures selected.
However, in some cases training requirements
are specifically regulated as in the case of
workers using Display Screens (see Annex I). In
this case, Royal Decree 488/1997 of 14 April
1997, on Minimum Safety and Health-Relat-
ed Requirements for Work with Equipment
with Display Screens establishes that the
facility must ensure that any workers using
display screens are provided with training and
information regarding the associated risks. In
other cases, training is based on the results of
hygienic measures as in the case of exposure
to noise.
Sweden
Work Environment Act (SFS 1977:1160)
The main responsibility for the working
environment devolves on the employer who
must take all measures needed to prevent the
exposure of employees to the risk of ill-health
or accidents at work.
One or more safety representatives are to be
appointed if there are at least five employees
on site. If there are several safety representa-
tives there should be a coordinator for them.
Work Environment Act (SFS 1977:1160)
Chapter 3. General obligations.
2 c § The employer must respond to the fact
that the occupational health care required by
the working conditions is available.
Systematic Work Environment Management(
AFS 2001:1)
Occupational health services
Section 12
When competence within the employer’s own
activity is insufficient for systematic work envi-
ronment management or for work relating to
job adaption and rehabilitation, the employer
shall engage occupational health services or
corresponding expert assistance from outside.
Work environmental act (SFS 1977:1160),
Chapter 3, 3§ General obligations
The employer must ensure that the employee
gets a sound knowledge of the conditions
in which work is conducted and that he is
informed of the hazards which the work may
entail. The employer shall make sure that the
employee has received the training necessary
and that he knows what measures shall be
taken to avoid risks at work.
®
12
14. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Sweden
(continued)
Safety representatives should participate in the
planning of the new premises, work methods,
use of hazardous substances, etc.
A safety representative is entitled to require
the employer to take the investigation, action
or equivalent, even if it is directed at improving
the working environment for outside labor. A
safety officer also has the right under certain
circumstances to suspend work even if it
affects temporary workers.
Occupational health care refers to an inde-
pendent expert resource in the areas of work
environment and rehabilitation. The occupa-
tional health services shall work in particular
to prevent and eliminate health risks at work-
places and have the competence to identify
and describe the relationships between the
work environment, organization, productivity
and health.
When occupational health service or corre-
sponding expert assistance are engaged, they
shall be sufficient in scope and shall have suffi-
cient competence and resources for this work.
In addition, the stipulations in Appendix
2 shall be fulfilled.
Systematic work environment management
(AFS 2001:1), Task allocation and knowledge
6 § - The employer shall ensure that persons
tasked with working for the prevention of risks
at work and the achievement of a satisfactory
working environment have sufficient knowl-
edge of:
• rules with significance for the working
environment,
• physical, psychological and social conditions
implying risks of accidents and illness,
• measures to prevent illness and accidents,
and
• working conditions which contributes to a
satisfactory working environment.
• 7§ - The employer must ensure that the
employees’ knowledge of the work and re-
lated risks is sufficient to prevent illness and
accidents to achieve a satisfactory working
environment.
Act on protection against accidents (SFS
2003:778), Chapter 2, 2§ General obligations
The owner or user of buildings shall main-
tain equipment for fighting fire and other
accidents, and take the necessary measures
(technical and organizational) to prevent fires
and limit the damage caused by fire.
The Environmental Code (SFS 1998:808 ),
Chapter 2, 2§ General rules of consideration
Anyone who carries out or plans to carry out
an activity or take a measure must acquire
the knowledge needed to protection human
health and the environment.
®
13
15. Country
Critical H&S Obligations
Safety Councils or
Committees
Occupational Doctors
H&S Certified
Professionals/Managers
H&S Training
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
Regulation Name
Brief Summary
Regulatory Triggers
United Kingdom
Health and Safety (Consultation with Employ-
ees) Regulations 1996 Regulation 3
Employers must consult on health and safety
matters with the workforce.
The Safety Representatives and Safety Commit-
tees Regulations 1977 Regulation 9
If two or more union-appointed health and
safety representatives request in writing that
you set up a health and safety committee,
you must do so within three months of the re-
quest. Although there is no such requirement
if you consult health and safety representatives
elected by the workforce, it is good practice to
set up a health and safety committee where:
• you have several health and safety repre-
sentatives elected by employees; or
• you have to consult both union-appointed
health and safety representatives and em-
ployee-elected representatives.
The Health and Safety (Display Screen Equip-
ment) Regulations 1992, Reg 5
Provision of eye tests and payment for glasses
necessary for screen work
Management of Health & Safety at Work Regu-
lations 1999, Regulation 6
Undertake any health surveillance as deter-
mined by the risk assessment and taking into
account hazards posed including exposure to
hazardous materials, noise, vibration, ionising
radiation, artificial optical radiation and
asbestos (these are all covered by additional
regulations)
The Management of Health and Safety at
Work Regulations 1999, Reg 7
Every employer shall appoint one or more
competent persons to assist him in undertak-
ing the measures he needs to take to comply
with the requirements and prohibitions
imposed upon him by or under the relevant
statutory provisions.
Training is required to be addressed within
the risk assessment for work activities and the
Management of Health and Safety at Work Reg-
ulations 1999 cover how this is implemented,
as described below.
Capabilities and training, Regulation 13
(1) Every employer shall, in entrusting tasks to
his employees, takes into account their capabili-
ties as regards health and safety.
(2) Every employer shall ensure that his em-
ployees are provided with adequate health and
safety training
(a) on their being recruited into the employer’s
undertaking; and
(b) on their being exposed to new or increased
risks because of
(i) their being transferred or given a change of
responsibilities within the employer’s under-
taking,
(ii) the introduction of new work equipment
into or a change respecting work equipment al-
ready in use within the employer’s undertaking,
(iii) the introduction of new technology into the
employer’s undertaking, or.
(iv) the introduction of a new system of work
into or a change respecting a system of work al-
ready in use within the employer’s undertaking.
(3) The training referred to in paragraph (2)
shall
(a) be repeated periodically where appropriate;
(b) be adapted to take account of any new or
changed risks to the health and safety of the
employees concerned; and.
(c) take place during working hours.
Training can be incorporated into the risk
assessment process and communication of that
information. Topics that are not noted may
be required depending on the site-specific risk
assessment which would potentially require
training.
Additional specific H&S training may be carried
out including First Aid (The Health and Safety
(First-Aid) Regulations 1981) and Fire Warden
(Regulatory Reform Fire Safety Order 2005)
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14