Introduction
The term Occupational health and safety (OSH) services (or “prevention or preventive services” as they are called in article 7 of the Framework directive 89/391/EEC[1]) is normally used to describe the “qualified professional support, either internal or external to the establishment, provided to employers to enable them to address their OSH statutory duties”[2].
Every employer is obliged to organise OSH support from persons and/or organisations with expertise and knowledge on OSH. The main objective of article 7 of the Framework Directive is to organise this expertise internally, via the designated worker. In addition, the employer may contract competent external persons or services.
EU Member States which have ratified ILO-Convention C161 on Occupational Health Services[3] have to use the more specific obligations as set out in this convention. This C161 Convention is accompanied by an ILO-recommendation on occupational health services (R-171)[4].
OSH-management and OSH services
OSH management system
Every employer is responsible for setting up a system for managing OSH. The employer, regardless the size of the company, has to:
- develop an OSH-policy;
- define the roles and responsibilities of everyone involved
- identify and assess the risks;
- draw up an action plan;
- implement and monitor actions;
- adapt policies and actions if needed.
The goals of such an OSH-management system may include:
This OSH-management system can only be successful through close cooperation with all workers and their representatives. Also, an adequate cooperation with external stakeholders is a part of such an OSH management system, for example trade-unions and the Labour Inspectorate. A policy on OSH can be carried out by the employer and the workers themselves. However OSH issues can be challenging and complex, and the assistance of an expert may be needed.
Position of OSH-service and professionals within OSH management
Since the industrialisation of Europe, there has been a growing need for expertise related to OSH. Traditionally, this expertise was concentrated in professions closely linked to occupational health physicians and safety engineers. These experts—whether employed internally in large companies or contracted externally—continue to play an important role. Over time, however, the importance of occupational psychology and related disciplines has also been recognised[5]. The implementation of OSH management systems has reshaped the role of OSH professionals. Rather than being mainly doctors, nurses, hygienists or safety engineers, a group of generalist 'occupational safety professionals' has emerged. Their work focuses less on technical expertise and more on managing and administering safety systems in line with regulatory and organisational demands[6].
Many individual OSH professionals are either employed in large organisations or by consultancy firms, while others are independent consultants. They often focus on implementing and monitoring behaviour-based or bureaucratic safety systems designed to demonstrate compliance and reduce liability. While this shift has created a distinct profession, the exact competencies required remain unclear and continue to be shaped by managerial priorities rather than a well-defined professional framework.
OSH-services and professionals work on behalf of the company but must remain impartial and independent from both employer and workers. This independence can be challenging, especially when OSH professionals are paid by the employer. To safeguard this role, many Member States have introduced legal provisions that protect internal OSH-services and professionals from unfair treatment by employers.
EU Legislation on OSH
Article 153 of the Treaty of the functioning of the European Union[7] is the legal starting point of the OSH-legislation in the European Union. Already in the eighties of the last century the first OSH-directives were published. The main OSH Directive is the Framework Directive (Council Directive 89/391/EEC of 12 June 1989[1] on the introduction of measures to encourage improvements in the safety and health of workers at work). The Framework Directive forms the organisational basis of 19 specific directives, sometimes referred to as ‘daughter-directives’. The subject of an OSH-‘daughter’-directive may be a specific risk(e.g. noise, vibration), an activity (e.g. manual handling of loads), a specific sector (e.g. mineral extracting industry) or a specific group of workers (e.g. pregnant workers). All EU Member States are required to transpose the OSH Directive into national legislation to ensure a minimum level of protection in the EU. This means that Member States can organise OSH services according to their own national system. In addition, EU Member States can make use of the ILO Convention C161[3] on Occupational Health services and the ILO Recommendation (R171) on Occupational Health Services[4]. The ILO-convention on Occupational Health Services establishes provisions on the function, the organisation and the conditions of operations for Occupational Health Services. This Convention creates a framework for countries of how to organise the occupational health service. The following EU-members states have ratified this C-161 Convention, and are obliged to implement the Convention’s provisions: Belgium, Bulgaria, Croatia, Czech Republic, Finland, Germany, Hungary, Luxembourg, Poland, Slovakia, Slovenia and Sweden[8].
Protective and preventive services
Structure
Section II of the Framework Directive provides obligations for employers. Article 7 is dealing with “protective and preventive services" and states that every employer should designate one or more workers “to carry out activities related to the protection and prevention of occupational risks". If such designated workers cannot be found within the organisation “for lack of competent personnel" the employer is allowed to “enlist competent external services or persons". Therefore, the employer should always prioritise an internal solution for protective and protective services over an external one. This priority rule was confirmed by the Court of Justice of the EU in its judgment on the case between the European Commission and the Dutch Government concerning article 7 of the Framework Directive[9]. Article 7 does not specify the type or level of expertise required for the designated worker. It is up to the Member States to establish rules in this regard and incorporate them into their national legislation. The advantage of this approach is that each Member State can shape its protective and preventive services in line with its long-standing, national OSH system. Prior to the adoption of the directive, Member States had already developed a wide range of approaches to providing competent support in OSH in companies. These approaches were shaped by the Member States' specific social, professional, economic and historical contexts[2]. The Framework Directive has been partially successful in harmonising these systems. However, more than 35 years later, much of this underlying diversity remains, and there is still no common approach across all Member States[2].
Data from ESENER (European Survey of Enterprises on New and Emerging Risks – EU-OSHA) suggest that 63% of enterprises use external service providers[10]. This proportion increases to 76% with increased company size (figure 1). Just under 20% of ESENER respondents report using a psychologist, while over three-quarters of respondents report using an occupational health doctor. The use of a generalist on health and safety, an expert for accident prevention and an expert dealing with ergonomic design falls between these proportions, with 62%, 53% and 36% of respondents reporting their use, respectively[10]. More findings from ESENER 2019 are available in the EU-OSHA report Analysis of findings from ESENER 2019 on cover and contribution of prevention services to supporting OSH in establishments in Europe[10].
Figure 1: Proportion (%) of enterprises reporting use of external services by enterprise size – ESENER 2019
Source[10]
Internal designated worker
Nevertheless, the employer has to designate a worker for carrying out the protective and preventive activities. The Framework directive does not specify the level of expertise required for these designated workers.
As a result, the competencies of OSH professionals can vary greatly from one country to another, due to differences in legal requirements regarding training and professional practice. An EU-OSHA study[11] based on a questionnaire and interviews with OSH professionals from ten countries revealed a wide range of expertise and training requirements for OSH professionals. For example, Denmark has no requirements for OSH professional training. However, safety representatives and other members of the company's internal OSH committee must undergo 3 days of general training. There is also a new master's programme in OSH as further training for professionals with more than two years' experience in the field. In Spain, to work as an OSH professional at the highest level, you need a master's degree specialising in safety, industrial hygiene, applied ergonomics, and psychosocial aspects[11].
External competent persons / services
If the employer contracts an external competent person or service he/she must provide them with all relevant information about the risks within the organisation. The Directive does not stipulate any specific requirements for these external services except that they should possess the necessary aptitude, and the necessary personal and professional means. One of the findings from the EU-OSHA questionnaire and interviews with OSH professionals[11] is that external services tend to be more specialised, offering expertise and skills that in-house OSH generalists may not possess. As a result, many companies complement their internal services with external prevention services to provide targeted support and expertise where needed[11].
Added value of OSH-services and professionals
Safety engineers and occupational health physicians are no longer the only OSH-experts. Ergonomist, occupational health psychologists, industrial hygienists and others now also operate as OSH-experts. OSH-experts are trained and skilled in using technical and scientific tools and methods to assist the employer with. OSH professionals oversee the overall health and safety situation within organisations[11]. They provide support where their expertise is needed, identify areas requiring specialist input, and play a central role in promoting awareness and fostering a preventive safety culture. Their role demands not only broad technical knowledge but also the ability to connect with other policies, systems, and actors that shape the work environment. Complementary legal knowledge, along with strong skills in communication, leadership, and training, are equally important competences[11]. OSH services help to improve compliance and enhance safety practices across EU Member States6. They do this by helping organisations to interpret and apply regulations, conduct risk assessments and design preventive measures that are tailored to specific workplace hazards. However, OSH services can only fulfil this role when sufficiently integrated into organisational structures, when employers provide sufficient autonomy and resources, and when practitioners possess the necessary competencies[6].
More information on how OSH services are organised and how they contribute to securing OSH compliance is available in EU-OSHA reports:
- Literature review - Improving compliance with occupational safety and health regulations: an overarching review[2]
- Improving compliance with occupational safety and health regulations: an overarching review[5]
Organisation of the OSH services in the EU-Member States
Every EU-Member State has its own organisation of OSH-services. Case study reports from EU-OSHA on five countries provide descriptions of the prevention services in the country, the different forms of organisation as well as the role and activities of these services to ensure compliance with OSH in workplaces. The case study reports cover:
Conclusions
Since the adoption of the Framework Directive and its incorporation into the laws of EU Member States, employers have been required to manage OSH with competent support. However, the development of OSH services providing such competencies varies depending on national contexts.
