1

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

17 How to improve?Suggestions on the most relevant critical points

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

23 Other actions that could be carried out

Joint Working Group at European level

For analysing actions on psychosocial aspects and collecting good practices

Contacts and seminars Inspectors – Experts – Unions at regional level

Following up partially the example of the Nordic Countries