Brusela 18 de Abril 2016
La CES pide a sus afiliados tomar medidas para rechazar el proyecto de norma ISO/DIS 45001
Background
Occupational health and safety is a fundamental
worker’s right and the European Union has adopted 24 Directives related to
occupational health and safety to provide a minimum level of protection at the
workplace and provides the basis for workers to enforce their rights. It is
essential that this legal framework is defended and improved. However, the
latest challenge to the legal framework is a voluntary standard ISO/DIS
45001, « Occupational health and safety management systems – requirements
with guidance for use “.
The ETUC along with the ITUC is concerned that the
proposed International standard, ISO/DIS 45001 will, in many countries,
represent a risk for the advancement of the legal framework promoting good
health and safety at the workplace, if it is adopted in its current form.
Hence, the objective of this Resolution is twofold:
to promote trade unions’ interests and concerns by voting and making comments
to influence the ISO process, and oppose the de-regulatory and voluntary-ruling
trend that targets EU-OSH directives.
The ETUC thus calls on its affiliates to take
action to reject the draft ISO/DIS 45001 by sharing the following comments and
if possible securing changes:
The proposed standard has the potential to
undermine the EU OSH Framework:
Non-compulsory standards should not deal with
issues better regulated through legislation. Existing regulations, national
laws and other legal requirements, including the Framework Directive include
provisions on risk assessment, training, information and consultation, specific
protection for sensitive groups.
Management System Standards (MSS) vs Legislation
and binding standards:
Our overall assessment is that the MSS in its
current form promotes a process-driven approach relying on private bureaucracy
and implicitly aimed at achieving certification. This encourages
self-regulation endangering effective health and safety enforcement. OHS cannot
be reduced to a mere management system. The development of a certifiable MSS
for OHS entails the risk that certification to ISO/DIS 45001 will be used as
evidence of compliance with legal requirements. This is not
acceptable for a number of reasons.
An MSS should not replace a risk assessment nor
should it challenge the approach based on risk prevention developed and
delivered though consultation, social dialogue and underpinned by strong
regulation and enforcement;MSS are intended for certification and
self-regulation rather than for enforcing effective risk prevention;MSS requires organisations to define and implement
(auditable) processes but without specifying the substantial objectives to
achieve in OHS, leading to focus on processes rather than outcomes.
Respect for ILO Conventions and fundamental
workers’ rights:
The voluntary ISO/DIS 45001 standard is not the
right place for establishing fundamental rights of workers regarding
occupational health and safety. It does not respect and adequately reflect core
principles of the ILO’s International Labour Standards (ILS) in the field of
OHS.
As an example of that, ILO has pointed out some issues, which ETUC
supports, such as:
“the ISO/DIS 45001 does not support and
respect the core ILS principle that a minimum objective of an effective
occupational health and safety management system should be the organization’s
compliance with national laws, regulations and other legal requirements.”1]
“ISO/DIS 45001 does not recognize the importance of
these committees [workers' safety delegates, workers' safety and health
committees, and joint safety and health committees] and delegates as workplace
level mechanisms for achieving worker participation and consultation on
workplace safety and health.”2
“ISO/DIS 45001 does not respect and support the ILS
and related ILO action that distinguishes between the meaning of the terms
participation and consultation.”3
The ITUC has also raised concerns with regards to fundamental health and safety
rights, including "the right of workers to refuse hazardous work without
fear of discipline”4 and the employer's “obligation to provide
Personal Protective Equipment (PPE) at no cost to the worker concerned”.
The ETUC recommendation is that instead of
reformulating parts of the ILO conventions in a private standard, the standard
should respect the agreement between the ILO and the ISO in particular that
“ISO standards that relate to issues within the ILOs mandate (ILO Issues);
should respect and support the provisions of ILS and related ILO action,
including by using ILS as the source of reference with respect to ILO issues in
case of conflict.” 5
Taking Action to Secure Change:
The International Organisation for Standardisation
(ISO) has submitted the Draft ISO/DIS 45001 to the ballot voting procedure by
ISO national members, open until 12 May 2016. It is important to note that this
procedure includes a facility for those casting a vote to make comments
The ETUC encourages its affiliates to take action
to improve the draft ISO/DIS 45001 and to preserve the progress already made by
taking the following actions:
a. ensure that the relevant Ministry and other
stakeholders in OHS are aware of the consequences of this draft standard being
adopted for workers;
b. to campaign for free access to formal standardistion procedures and
standards for trade uions as supported by the ETUC Resolution on
standardisation [6] and in the meantime to consider becoming a
member of the ISO Committee in your contry so that you can take part to
forthcoming ISO meetings in order to promote trade
unions interest and concerns and in particular to vote and make comments to
influence the outcome;
c. contact ISO national members oft the Committee and use the ETUC
template to ensure that the trade union points of view are brought forward
during the balloting procedure (open until 12th May 2016)
Fuente: Confederación de Sindicatos Europeos
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