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Title: Department of Public Management Masters in Safe Environment at Work Enhancing the Human Resource: Em


1
Department of Public ManagementMasters in
Safe Environment at WorkEnhancing the Human
Resource Employee WellBeing at the Workplace -
An Interdisciplinary Approach.
  • The European Social Model and Occupational Health
    and Safety Strategy
  • Charles Woolfson

2
What is the European Social Model?
  • The term European Social Model (ESM) has been
    used in policy circles in Europe but lacks a
    precise definition.
  • Despite this, the idea of ESM informs much of
    policy making in social matters at European
    level.
  • Thus, the European Summit (Lisbon 2000) member
    states adopted a formal position
  • the European Social Model with its developed
    systems of social protection, must underpin the
    transformation of the knowledge economy

3
Basic definition
  • The ESM is a set of European Community and
    member-state legal regulations, but also a range
    of practices aimed at promoting a voluntaristic
    and comprehensive social policy in the European
    Union
  • Elements of formal legal instruments and
    compliance mechanisms
  • Elements of voluntary practice and
    self-regulations
  • One European social model or several?
    Anglo-saxon, Nordic, Southern European

4
Examining the ESM in the specific area of working
environment
  • social dialogue, labour relations, employee
    rights to participation in CEE
  • health and safety of employees in the workplace
  • corporate social responsibility, that is, the
    behaviour of companies in the area of social
    questions of employee welfare and wider societal
    impacts of business

5
A common core of values?
  • At the Nice summit (December 2000) of EC heads
    of state the common core of values of the ESM
    was identified-
  • the European Social model, (is) characterised
    in particular by systems that offer a high level
    of social protection, by the importance of social
    dialogue and by services of general interest
    covering activities vital for social cohesion, is
    today based, beyond the diversity of the member
    states social systems, on a common core of
    values

6
  • What are these common European values?
  • Make a list..

7
  • Democracy (not totalitarianism)
  • Individual rights (as against purely collective
    rights)
  • Free collective bargaining (free trade unions
    not dominated by the State or Party)
  • Equality of opportunity (Gender and race
    discrimination avoided)
  • Social welfare and solidarity (social support
    for the needy and poor, and inclusion)
  • In summary, a social dimension is necessary for
    economic and social cohesion and therefore also
    for political stability and economic performance.

8
Other elements of the ESM
  • Key assumptions
  • ESM is embedded in a market economy
  • The notion of quality the assumption that
    competitive advantage and performance can be
    boosted by quality in working conditions and
    social policy in general.
  • A role left to public authorities to manage and
    moderate the impacts of the free market on the
    weaker and more vulnerable sections of society
  • Specific concern to reduce social inequalities

9
Examples-
  • At Community level, use of Structural Funds to
    reduce inequalities between regions
  • Social protection programmes European
    Employment Strategy to promote labour market
    developments eg training, human resource
    development
  • Promotion of workers and citizens rights
    through various forms of social charters
    (non-binding declarations) spreading theses
    values throughout the Community

10
Key Treaty Maastricht Treaty 1992 (Treaty of the
European Union)
  • Maastricht Treaty 1992 (Treaty of the European
    Union) (Signed by 11 member states with UK
    opt-out)
  • Social Protocol a new legislative framework -
    annexed to Maastricht Treaty progressed social
    policy in three areas
  • i. extension of the competences of the Community
    on social issues
  • ii. introduction of qualified majority voting
    (QMV) in new areas (such as health and safety at
    work, working conditions, information and
    consultation, equal opportunities
  • iii. recognition and extension of the social
    partners role and rights.

11
Maastricht Treaty
  • Overall effect allowed European institutions to
    take the initiative on social issues that were
    formerly the prerogative of individual states
    resulting in significant advances in safety and
    health at work legislation through a Framework
    Directive and daughter directives and in social
    dialogue discussions at Eruopean level.

12
Amsterdam Treaty
  • Amsterdam Treaty 1997 (coming into force in 1999)
    calls for a more Social Europe addressing
    concerns about unemployment and social exclusion.
    Incorporation of the Maastricht Social Protocol
    into the Amsterdam Treaty (Art 138)
  • The Social Protocol is a political instrument
    that contains moral obligations to guarantee the
    respect of certain social rights -related to
    labour market, vocational training, equal
    opportunities and the working environment. On
    social protection and worker participation
    decisions still unanimous.

13
The Lisbon Agenda
  • The meeting of European heads of state at Lisbon
    in 2000 produced a new agenda.
  • An attempt to reconcile the contradictory
    objectives of promoting greater economic
    competitiveness in Europe, with preservation of
    previous forms of social protection.
  • To create the most competitive dynamic
    knowledge-based economy in the world

14
  • Three elements stressed at Lisbon Council-
  • the interaction between economic, social and
    employment policies
  • the role of new instruments of European
    policy-making (the Open Method of co-ordination)
  • European Social Agenda assessed annually by the
    Commission

15
Social Charters
  • Community and the Member States defined
    fundamental social rights on the basis of two
    texts-
  • the European Social Charter signed at Turin on 18
    October 1961 and
  • the 1989 Community Charter of the Fundamental
    Social Rights of Workers.
  • These fundamental social rights mainly concern
    employment, living and working conditions, social
    protection, social dialogue and the combating of
    exclusion.

16
Revised European Social Charter for Fundamental
Social Rights 2000
  • CHAPTER IV, SOLIDARITY
  • Article 27
  • Workers' right to information and consultation
    within the undertaking
  • Workers or their representatives must, at the
    appropriate levels, be guaranteed information and
    consultation in good time in the cases and under
    the conditions provided for by Community law and
    national laws and practices.

17
Article 28 Right of collective bargaining and
action Workers and employers, or their
respective organisations, have, in accordance
with Community law and national laws and
practices, the right to negotiate and conclude
collective agreements at the appropriate levels
and, in cases of conflicts of interest, to take
collective action to defend their interests,
including strike action.
18
  • Article 29
  • Right of access to placement services
  • Everyone has the right of access to a free
    placement service.
  • Article 30
  • Protection in the event of unjustified dismissal
  • Every worker has the right to protection against
    unjustified dismissal, in accordance with
    Community law and national laws and practices.

19
  • Article 31
  • Fair and just working conditions
  • 1. Every worker has the right to working
    conditions which respect his or her health,
    safety and dignity.
  • 2. Every worker has the right to limitation of
    maximum working hours, to daily and weekly rest
    periods and to an annual period of paid leave.

20
Strengths of the ESM
  • The ESM while attempting to endorse common
    societal values also leaves open key aspects for
    local adaptation by member states (the principle
    of subsidiarity)
  • recognising the diversity of local and national
    conditions (multi-level governance and decision
    making processes)

21
  • ve virtues of adaptability and flexibility in
    policy making within a common framework.
  • ve attempt through a common set of standards and
    values to prevent social dumping or free
    riding - to attract foreign investment by
    offering lower levels of protection to citizens
    and workers eg on safety and health at work.

22
Weakness of the ESM
  • -ve complex and ill-understood policy model which
    lacks transparency and relevance
  • -ve subsidiarity is often used by member states
    to block new Community policies and instruments
    and resist binding social regulations
  • -ve remuneration, the right of association, and
    the right to strike or lock out are not addressed
    at Community level. While these issues are
    addressed in the non-binding Revised European
    Social Charter for Fundamental Social Rights 2000
    this does not create enforceable rights

23
The ESM under attack the neo-liberal offensive
  • The ESM founded on social democratic values (a
    social welfarist Europe a balance of market and
    social priorities)
  • Attack from within EU
  • - powerful individual member states such as UK,
    Italy and Germany hostile to ESM, especially
    during the 1980s and 1990s, but still today (the
    Third Way of Tony Blair, Germany Hartz IV
    reforms).
  • - UNICE the European Employers Federation
    afraid of too much regulation as a burden on
    business

24
ESM under external attack
  • Major international financial institutions (IMF,
    World Bank, European Bank for Reconstruction and
    Development) argue that European competitiveness
    depends on being able to compete in the global
    market place ie with cheaper sourced products
    from SE Asia, China etc

25
The nature of the attack on the ESM-
  • - New forces of globalisation make the ESM an
    outdated concept of the 1960s and the 1970s
  • - Social welfarist approaches stifle individual
    initiative and free market enterprise (the nanny
    state)
  • - Social protection measure introduce harmful
    rigidities into the labour market which
    undermine necessary flexibility and
    competitiveness (eg minimum wages, too high
    unemployment benefit levels, unwillingness to
    accept lower pay and benefits eg reduced state
    pension rights and increased working age).

26
Soft law, subsidiarity and voluntary
initiatives
  • Regulatory reform at European level -
  • Key policy goal of the Lisbon strategy has been
    to reduce the administrative burden of business
    (European Council, 2000).
  • Traditional EU Directives replaced by more
    efficient, flexible and proportionate instruments
    (for example, framework directives, new approach
    directives or softer regulatory alternatives)
  • This encourages autonomous processes of
    adjustment and confers rule making-powers to
    self-regulatory processes ie., stakeholders
    in the regulation process voluntarily agree to
    frameworks of rules eg sectoral agreements on
    safety and health.

27
Discussion on the ESM - A realistic agenda for
the enlarged Europe?
  • Can the ESM be transposed into the CEE new member
    states?
  • What might be the internal political, economic,
    administrative, social barriers to transposing
    the ESM?
  • What might be the external political, economic,
    administrative, social barriers barriers to
    transposing the ESM?
  • Do we need a European Social Model?

28
Some Indicators of Social Development in the
Baltic States
  • Total expenditure on social protection
  • GDP per capita
  • Employees with earnings two-thirds below the
    median
  • Levels of Deprivation and inequality
  • Life expectancy
  • Death by suicide
  • Death in transport accidents
  • Class structuring of health inequalities

29
Total expenditure on social protection per head
of population (2001)
  • (approx ¼ of EU levels)
  • EU 15 6425.9 (e)
  • Estonia 1308.1 (p)
  • Latvia 1138.6 (p)
  • Lithuania 1318.2 (p)

30
GDP per capita in PPS (2004)
  • (about ½ of EU levels)
  • EU 25 100
  • Estonia 52.0 (f)
  • Poland 48.1
  • Latvia 45.6 (f)
  • Lithuania 49.8 (f)

31
GDP PER CAPITA AT PURCHASING POWER PARITY (EURO)
Source THE WORLD BANK, Washington, D.C. 2002
32
Employees with earnings two-thirds below the
median ()
33
(No Transcript)
34
Gini Index of Income Inequality in CEE (excl.
Baltic States)
35
Gini Index of Income inequality including Baltic
States
36
Socioeconomic inequalities in all-cause
mortalityKalediene R, Petrauskiene J.
Inequalities in mortality by education and
socio-economic transition in Lithuania equal
opportunities? Public Health 2005in press
Leinsalu M, Vagero D, Kunst A. Estonia
1989-2000 enormous increase in mortality
differences by education. International Journal
of Epidemiology 2003321081-1087.
37
Average life expectancy at age 25 by
educational level in Estonia 1989-2000Source
Leinsalu M, Vågerö D, Kunst AE. Estonia
1989-2000 enormous increase in mortality
differences by education. Int J Epidemiol
2003321081-1087
38
Comparison of age specific mortality between
group with University and primary education (
mortality of university education group equals 1)
Source CONTRIBUTION OF HIGHER EDUCATION TO
PUBLIC HEALTH tackling health inequalities
through health policy development in Lithuania V.
GRABAUSKAS
39
Male Life expectancy at birth (2002)
  • (approx 10 years less than EU averages)
  • EU 15 75.8 (e)
  • Estonia 65.3
  • Latvia 64.8
  • Lithuania 66.3

40
Recent demographic developments in Europe 2004.
Strasbourg Council of Europe Publishing 2005
41
Death by suicide (standardised death rate per 100
000 persons) (2000)
  • (3X to 5x higher)
  • EU 15 16.0
  • Estonia 46.0
  • Latvia 56.9
  • Lithuania 80.8 (30 per week, popl.
    3.5m) (Source EuroStat)

42
Death in transport accidents (standardised death
rate per 100 000 persons) (2000)
  • (2x or 3x higher)
  • EU 15 15.7
  • Estonia 28.8
  • Latvia 48.0
  • Lithuania 35.5

43
Crude Death Rate per 100,000 population for
Baltic States compared to EU and Nordic
averagesSource V. Grabauksas and R. Kalediene
Tackling social inequality through the
development of health policy in Lithuania, Scand
Journal Of Public Health, 2002, 3012-19
44
Socioeconomic inequalities in self-assessed
health in Europe Monden C. Socioeconomic health
inequalities in Latvia a cross-sectional study.
Scandinavian Journal of Public Health
200432(3)217 - 223.Leinsalu M. Social
variation in self-rated health in Estonia a
cross-sectional study. Social Science and
Medicine 200255847-861.
45
Association between perceived control and poor
self-assessed health in seven Eastern European
countriesBobak M, Pikhart H, Rose R, et al.
Socioeconomic factors, material inequalities, and
perceived control in self-rated health
cross-sectional data from seven post-communist
countries. Soc Sci Med 2000511343-1350
46
Health and Safety in European law
  • Article 118A of the Treaty of Rome (incorporated
    as Article 137 of the Amsterdam -Treaty- the
    Commission with the Member States will develop
    clearly defined policy on prevention of
    occupational accidents and diseases.
  • Key instrument Framework Directive 89/391/EEC
    which contains basic provisions regarding the
    organisation of health and safety at work and the
    responsibilities of employers and workers.
    Subsequent legislation protects workers form
    risks related to exposure to chemical, physical
    and biological agents at work with specific
    directives on harmful substances such as asbestos.

47
Adapting to Change in Work and Society A New
Community Strategy on Health and Safety at Work
2002-2006
  • Occupational safety and health linked to
    quality in work, as a positive factor to the
    business competitiveness equation
  • Emphasis on well-being at work, implying not
    simply the absence of sickness and injury, but
    attainment and preservation of general physical
    and mental health in the work process
  • Consolidating of a culture of risk prevention
    through a combination of policy instruments and
    a partnership approach to safety and health at
    work
  • Mix of policy instruments including both
    voluntary initiatives, such as social dialogue,
    corporate social responsibility, economic
    incentives and benchmarking which improves
    peoples knowledge of risks and attempts to
    ensure better application of existing law.
  • mainstreaming of neglected issues such as the
    gender factor

48
Enlargement and the new strategy on safety and
health at work
  • candidate countries - an average frequency of
    occupational accidents which is well above the
    average for the EU
  • mainly because of their higher degree of
    specialisation in sectors which are traditionally
    regarded as high-risk
  • No figures provided for relative frequencies of
    accidents or illnesses

49
Diplomatic understatement the call for
heightened vigilance
  • The data indicate that the preventive approach
    set out in Community directives has not yet been
    fully understood and taken on board by the
    various players, nor applied effectively on the
    ground (2002,p.4)

50
Preparing for enlargement
  • one of the major challenges facing the European
    Union (2002, 17)
  • ensure that the new Member States can be
    absorbed in conformity with the rules and with a
    guarantee that the institutions and bodies of the
    EU will continue to function smoothly
  • the candidate countries themselveshave to
    absorb into their national systems an enormous
    and complex corpus of legislation

51
an effective transfer of experience and
knowledge.
  • beefing-up programmes of technical assistance,
    using partnership and twinning arrangements
    developing arrangements for the exchange of
    experience and access to knowledge and to the
    results of Community research, by integrating the
    candidate countries into the institutions and
    bodies concerned strengthening the social
    dialogue at all levels, particularly in firms
    promoting the collection and analysis of data on
    accidents at work and occupational illnesses,
    notably by integrating the candidate countries
    into ongoing Community work on statistical
    harmonisation.

52
Strategy an elaborate and systematic plan of
action
  • The Commission strategy claims to provide a
    coherent policy framework and proposes concrete
    action, along with a full implementation
    timetable

53
Institutional mechanisms for promoting the new
strategy
  • The European Agency for Safety and Health at Work
    in Bilbao - a driving force in matters
    concerning awareness-building and risk
    anticipation
  • Agency to set up a risk observatory in order to
    provide examples of good practice and to organise
    exchanges of experience and information by way of
    the systematic collection of data
  • Agency instructed to integrate the candidate
    countries into these information networks, and
    devise working tools which are geared to their
    specific situation

54
Positive steps
  • Attempt to integrate the candidate countries has
    been through the creation of Agency focal
    points - a Europe-wide network of
    representatives of labour inspectorates, now
    involving all of the new member states.
  • Informational role, the Agency web presence in
    the national languages of the new member states,
    augmenting existing resources.
  • Basic information about Agency campaigns, annual
    reports and factsheets, for example, on stress,
    bullying and violence at work are now available
    in the languages of the new members.

55
Promoting Quality at Work in an Enlarged
European Union
  • future initiatives are outlined in the Agencys
    Rolling Programme of Work 2005-2008
  • 30 - 50,000 Euros will be allocated to each
    member state, new and old, to encourage the
    further development of national focal points
  • Creation of a dedicated Topic Centre for the
    New member States (funded to 240,000 Euros)
  • An Enlargement Action Plan (1.75m Euros)
    focussing on communications activities, data
    collection and awareness raising/campaigning in
    new member states

56
Concerns
  • All long overdue programmes.
  • Is the Agency is being asked to do the
    impossible, with too little resources and too
    late in the day?
  • How far can informational and networking activity
    secure the consolidating of a culture of risk
    prevention?
  • Little evidence so far of working tools which
    are geared to their (NMS) specific situation.

57
Alternative explanations of poor health and
safety need to be addressed in policy proposals
  • State-sanctioned resistance to European health
    and safety law in general
  • traditions of poor regulatory enforcement
  • low domestic OHS agency adaptive capacities
  • employer indifference and worker collusion
  • low levels of administrative penalties for safety
    violators
  • absence of criminalisation of repeat safety law
    offenders

58
Implementation Theory - resistance to European
health and safety law in NMS
  • Key policy goal of the Lisbon strategy has been
    to reduce the administrative burden of business
    (European Council, 2000).
  • Policy making in the Baltic States - a mix of
    chronic political instability, fiscal crises,
    complex policy demands, unresponsive
    decision-making processes, and poor policy
    management capacity at the centre, contributing
    to high levels of executive policy
    unreliability which, in turn, has slowed the
    pace of reform (Evans and Evans, 2001, p. 935).

59
Veto Points
  • Exogenous pressure to conform to the requirements
    of the European acquis.
  • The trajectory of reform has been an imposed one,
    in which the accession states were required to
    meet externally imposed regulatory frameworks and
    standards
  • veto points emerging in a domestic context,
    which may compromise the successful transfer and
    imposition of EU requirements.

60
Barriers to Implementation
  • Veto points, whether de facto or
    institutionalised, exist if -- the policies
    underpinning the proposed institutional rules are
    not clear enough to offer a coherent
    institutional model, and if domestic preferences
    do not converge towards reform (Dimitrova, 2002,
    p. 2)
  • Conditionality and asymmetry in the
    enlargement process make the possibility of
    institutionalised veto points unlikely.

61
Informal veto points
  • Absence of formal institutional veto points
    should make EU-led institution-building
    successful
  • there is still the question of whether major
    political actors are united around ideas about
    the new institutions, so that the new rules have
    the chance to endure without being immediately
    contested (Dimitrova, 2002, p. 6).

62
Absence of domestic reform fit
  • If EU requirements fail to correspond with the
    domestic reform fit, for example, because
    domestic consensus is inspired by different
    ideas, or because there is no consensus on
    reform, the newly imported rules are likely to
    be contested and even changed.

63
Doing Business in 2006 Eastern European and
Baltic Nations Encourage Businesses with
Aggressive Regulatory Reforms
  • WASHINGTON, D.C., September 12, 2005 Eastern
    European and Baltic nations are aggressively
    courting entrepreneurs with far-reaching reforms
    that streamline business regulations and taxes,
    according to a new report from the World Bank
    Group.
  • The annual report, which for the first time
    provides a global ranking of 155 nations on key
    business regulations and reforms, finds that
    every country in Eastern Europe improved at least
    one aspect of the business environment
  • The top 30 economies in the world in terms of
    the reports ease-of-doing-business index, in
    order, are New Zealand, Singapore, the United
    States, Canada, Norway, Australia, Hong
    Kong/China, Denmark, the United Kingdom, Japan,
    Ireland, Iceland, Finland, Sweden, Lithuania
    (15), Estonia (16), Switzerland, Belgium,
    Germany, Thailand, Malaysia, Puerto Rico,
    Mauritius, the Netherlands, Chile, Latvia (26),
    Korea, South Africa, Israel, and Spain. For the
    three Baltic countries to be in the top 30 is a
    remarkable achievement, as only a decade has
    passed since they first began reforms.
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