OSH system at national level - Austria

Since the mid-19th century, Austria has had regulations and regulatory authorities to protect the life and health of workers. The European occupational safety and health (OSH) regulations have been transposed into national legislation, the harmonization having already commenced before Austria joined the European Union in 1995. The Health and Safety at Work Act^[1] provides the main framework for regulating OSH in Austria. It came into force on Jan 1st 1995, and since then has been amended several times to adapt to new circumstances and emerging needs as well as changes in EU-OSH law.

Different aspects of work-related risks are regulated by the national law, such as the use of dangerous machines and equipment, dangerous substances, strains deriving from working processes and the working environment, the design of workplaces and of sanitary rooms, the working conditions of young workers and pregnant women, as well as working time and rest.

In Austria, the employers have the overall responsibility for the occupational safety and health of their employees. The organization of OSH management may vary depending on the size of the company, the sector and organizational form. However, in all companies there has to be a person responsible for OSH, be it the employer or a designated representative. The employer or the designated representative is supported by external or internal preventive services.

Main legislative acts:

• Act of 1994 concerning OSH ^[1] and related regulations
• Federal Labour Inspection Act ^[2]
• Ordinance No.1997/27 of the Federal Minister for Labour and Social Affairs concerning health surveillance at the workplace ^[3]
• Maternity Protection Act ^[4]
• Federal Act on Child Labour and Young Workers from 1987 ^[5]

The current Austrian Occupational Safety and Health Strategy covers the period 2013 - 2020^[6].

Austrian experiences from previous occupational safety and health strategies have shown that good cooperation of all stakeholders involved in the field of safety and health at work is crucial for the success of the strategy. For that reason, the Austrian OSH Strategy 2013 – 2020 further extends the cooperation of all stakeholders. The strategy links national and regional stakeholders in the field of OSH such as Ministries, accident insurances, social partners as well as OSH representatives. A common resolution was set to define the goals to reduce workplace accidents and occupational diseases.

The Austrian OSH Strategy is a process and consensus oriented umbrella strategy: with only a few fixed rules and objectives. The given flexibility and room shall support the OSH bodies to act responsible, to be motivated and innovative. There is a fixed structure of the bodies consisting of the Advisory Committee for Workers Protection (Arbeitnehmerschutzbeirat, National coordinators, the Strategic Platform, the Network of Labour Inspectorates with regional coordinators and the evaluation team. They follow the resolution, laid down by the Federal Minister of Labour, Social Affairs and Consumer Protection, other relevant ministries, social partners, accident insurances and other institutions relevant for OSH issues. The objectives of the strategy are proposed by the OSH bodies on the basis of the joint resolution and approved by the Occupational Safety and Health Strategy Advisory Board.

In the strategy document the following objectives were set:

• the reduction of work-related health risks, particularly strains on the musculoskeletal system and mental stress factors and the reduction of accidents at work
• the improvement of risk assessment and support via preventive specialists
• the strengthening of awareness and improvements in the initial and further education and training (both at school and in universities) for occupational safety and health.

The Advisory Committee for Workers Protection officially appoints the leaders of

• the four working groups
• the strategic platform
• the evaluation team

Members of the strategic platform are:

• AUVA - Austrian Social Insurance for Occupational Risks,
• WKO - Austrian Federal Economic Chamber,
• IV - Federation of Austrian Industries,
• BAK - the Federal Chamber of Labour,
• ÖGB - Confederation of Austrian Trade Unions,
• ÖÄK - Austrian Medical Association,
• ZAI – Central Labour Inspectorate.

The four working groups and the Evaluation Team work within thematic areas which have been specified by the Occupational Safety and Health Advisory Board (ASB):

• Working group 1: Improvement of risk assessment and risk awareness
  • Special focus on micro and SME – developing guidance documents for
  • Temporary and mobile workplaces
  • Implementation of the safety and health document (construction sites)
  • Classification of measures for risk classes
  • Vulnerable groups of workers (pregnant women, psychosocial problems, young workers, older workers)
  • Selection of PPE
  • Risk assessment of psychosocial risks and stress at work
• Working group 2: Accident prevention
• Working group 3: Prevention of work related and occupational diseases
• Working group 4: Training and information regarding OSH issues

Due to Austria’s highly developed system of corporatism, social partnership plays a central role in policy-making. Social dialogue is widespread and highly institutionalised at cross-sectoral, sectoral, and enterprise level, and in different policy fields ^[7]. According to an ILO study, changes in economic structures and the world of work have lead to decreasing trade union membership and works councils (correlates to a lesser extent with representation at sectoral and enterprise level).^[8] The main social dialogue partners are anchored in Austria’s political system, with the right to evaluate draft legislation, to draft legislation in their sphere of interest, and make recommendations to law-making bodies. They have the right of representation on numerous commissions, advisory boards and committees dealing with socio-economic issues, and to nominate candidates to act as lay judges at labour and social courts, as well as appointing assessors for the cartel court. They are also entitled to conduct collective bargaining.^[7]

According to a Eurofound study on the Working Conditions and Social Dialogue in Austria^[9], social dialogue regarding OSH is much less formalised than in the domain of income policy, and is initiated primarily on an ad-hoc basis.

Social dialogue at national level

Nevertheless, the rights of social partners in OSH issues are regulated by law, such as the composition of the OSH Advisory Board, a tripartite body playing a crucial role in developing legislation. The establishment of an OSH Advisory Board (Arbeitnehmerschutzbeirat) is stipulated by §91 of the Health and Safety at Work Act ^[1] in order to advise the Ministry of Labour, Health, and Social Affairs and inform it on the work of the prevention centers run by the accident insurance bodies. The OSH Advisory Board is convoked by the Central Labour Inspectorate and includes two representatives each from the social partners and expert organisations, such as the Chamber of Engineers, the Chamber of Medical Doctors, as well as the Austrian Social Insurance for Occupational Risks. The activities of the OSH Advisory Board are honorary.

At regional and company level, bi-annual meetings of the social partners with the Labour Inspectorate are stipulated by law, as is the right of the social partners to participate in certain inspection visits.

Austria has a mixed system of collective interest representation, consisting of voluntary associations and statutory representative bodies ^[8]. Traditionally, there are four major actors: the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ÖGB)^[10], the Federal Chamber of Labour (Arbeiterkammer, BAK)^[11], the Economic Chamber of Austria (Wirtschaftskammer, WKÖ)^[12], and the Presidential Assembly of the Austrian Chambers of Agriculture. In addition, the Federation of Austrian Industries (Industriellenvereinigung, IV) ^[13] has been gaining significance and political influence since the 1980s. ^[8]

The Austrian Trade Union Federation is an umbrella organization for affiliated unions. It represents workers’ interests in collective agreements and is based on voluntary membership. The ÖGB offers legal advice and representation, as well as many other benefits to its members. It also has a major role in developing new laws; not only to initiate the drafting of bills, but also to provide reviews and comments on bills submitted by other bodies, which are then incorporated in the decision-making process.

The Federation of Austrian Industries is a voluntary body that represents the interests of Austrian industry, both domestically and in Europe.

Social dialogue at sectoral level

The traditional social partnership can be seen in the double chamber system in Austria. There are two distinct chambers, the Federal Chamber of Labour to represent workers, and the Economic Chamber of Austria for employers. Membership of these chambers is compulsory - the employers and workers pay a regular fee based on their wages to finance the chamber system. The chambers are involved in developing and monitoring legislation and public policy, providing advice, education and training on OSH questions.

The Federal Chamber of Labour consists of nine regional chambers and their umbrella organization the Vienna Chamber of Labour. It represents the interests of employees and consumers, including apprentices, those on maternity/paternity leave, as well as the unemployed and retired. Membership is compulsory for all employees, but civil servants and agricultural workers are exempt. Although involved in social partnership institutions, the Chambers of Labour do not negotiate collective agreements and do not represent their members internationally – these duties are exclusively performed by the trade union movement. The Federal Chamber of Labour also carries out and funds research to develop and support policy guidelines.

The Economic Chamber of Austria is made up of the Federal Economic Chamber (based in Vienna) and the nine Regional Chambers of the federal provinces. They are subdivided into seven industry sectors: (1) crafts and trades, (2) industry, (3) commerce, (4) banking and insurance, (5) transport and communications, (6) tourism and leisure, and (7) information and consulting. The sectors are divided into Trade Organisations, known as Trade Groups in the Regional Chambers and Trade Associations in the Federal Economic Chamber. In addition to the industry sectors, there are departments in the Austrian Federal Economic Chamber (based in Vienna) and in the Regional Chambers, which are responsible for tasks related to policy, organisation and service provision.

In addition to WKÖ, there are also chambers for agriculture (under the umbrella of the Presidential Assembly of the Austrian Chambers of Agriculture) and for the liberal professions (e.g. Austrian Medical Chamber, Austrian Pharmacists’ Chamber, Austrian Lawyers’ Chamber, etc.) ^[8].

Social dialogue at enterprise level

At enterprise level, the interests of employees are represented by works councils or, in the public sector, by staff representatives. The Austrian OSH act ^[1] stipulates that companies with more than 10 workers must appoint, depending on the number of employees, at least one safety representative (Sicherheitsvertrauensperson, SVP). For each workplace where more than 50 staff works regularly, a safety representative must be appointed. Safety representatives are appointed by the employer, and must be approved by the works council. If there is no works council in the company, not more than one third of the workers may object to the application. Safety representatives are appointed for four years. Employers must notify the Labour Inspectorate in writing of the appointed safety representatives. The Labour Inspectorate must then inform the employees’ interest groups. In companies with more than 100 employees, an OSH committee must be established to act as an advisory and supervisory body at company level. In companies with a low risk level (at least three quarters of the workers are doing office work or have jobs with similar risks) the threshold is 250 employees.

OSH infrastructure schemes

Source: Figures provided by ^[14]

National competent bodies

OSH authorities and Inspection services

Austria is a parliamentary representative democracy consisting of 9 federal states (Bundesländer), but the federal character is less pronounced than e.g. in Germany. The Austrian OSH infrastructure is characterised by a dual system of state inspection bodies and social insurance. The competent authority in OSH matters is the Federal Ministry of Labour, Family Affairs and Youth (Bundesministerium für Arbeit, Familie und Jugend). It is responsible inter alia for industrial relations, labour market policy, labour conditions and inspections, statistics, OSH, and vocational training. Some issues are not within its remit, such as the sickness and accident insurance for work injuries, which are covered by the Federal Ministry of Social Affairs, Health, Health Care and Consumer Protection. ^[8]

Enforcement of OSH-measures happens via the labour inspectorates and special units in regional governments and municipalities that have been installed to monitor safety and health of their employees.

The general Labour Inspectorate (Arbeitsinspektion)^[15] is by far the larger of these bodies. It covers industries, services, the public sector, and transport - following the July 2012 merger with Inspectorate of Transport. It is centralised and acts nationwide through 16 regional departments and one central office. Newly recruited inspectors follow a two-year training programme, with the emphasis on legislation and general OSH principles. At level of the Federal States, nine regional Labour Inspectorates for Agriculture and Forestry are installed.

Like in other countries, the Austrian Labour Inspectorate has progressively changed its approach, increasingly focusing on advisory work. Only a small proportion of companies can be reached via inspections, so the Labour Inspectorate has enabling strategies to support compliance.

OSH services

Every company in Austria has to obtain support from preventive services – this applies to the field of safety technologies as well as occupational health surveillance. This obligation is independent of the size of the company and is also valid for companies with only one employee. Differences only exist in the scale of the support provided.

Legislation lays down that workers must be looked after by an occupational physician and a safety specialists. In workplaces with more than 50 employees there is a statutory minimum number of deployment hours (prevention hours). Other experts can also be brought in if necessary, such as occupational psychologists, chemists or ergonomists. Regular inspection visits are sufficient for smaller workplaces.

Special training is required to work as a safety expert or an occupational physician. The duration and contents of these training courses are laid down by the relevant legislation.^[1]).

Preventive specialists have the task of advising employers, employees, safety representatives and works council members on all aspects of occupational safety and health. However, the ultimate responsibility for these matters always remains with the employer. Employers have to make the necessary information and documents available so that safety experts and occupational physicians can carry out their work. These include documents on safety and health protection, reports on accidents at work or the results of measurements (noise, dangerous materials or substances etc.) and examinations.

Preventive specialists have to be consulted on all safety and health issues, and particularly with regard to the following points:

• The planning of workplaces
• The procurement and changing of work equipment
• The introduction or change of work processes and agents
• The testing and selection of personal protective equipment
• Issues related to occupational psychology, ergonomics and hygiene at work (particularly the design of work places, work processes and procedures).
• The organisation of fire protection and evacuation
• The organisation of first aid
• The employment of people with disabilities (change of jobs, reintegration)
• Determining and assessing risks
• Laying down measures for the prevention of risks
• Organising the instruction of employees and drawing up operating instructions
• Administrative procedures related to occupational safety and health

Deployment times and support via inspection tours The minimum number of deployment hours (prevention hours) in larger workplaces depends on the number of employees there and the level of risk (workload). In the case of low levels of danger, such as in offices, 1.2 hours per employee are stipulated, while in all other jobs 1.5 hours per employee are laid down. A supplement of half an hour is added for all employees who have to work at night at least fifty times a year. The total number of prevention hours is primarily divided up between occupational physicians (at least 35 %) and safety experts (at least 40%). Other specialists can be deployed in the remaining time. ^[16]

According to § 77 ASchG ^[1], safety experts should spend time dedicated exclusively to prevention activities, which can also include:

• Workplace checks and assistance at inspections by the Labour Inspectorate
• Investigation of causes of occupational accidents and sources of occupational diseases
• Further training (max. 15% of annual prevention time)
• Work as member of the OSH board
• Documentation of prevention activities, findings and results, reporting and developing OSH programmes
• Coordination of safety experts.

In companies with up to 50 employees a different programme is used. In this case preventive work is carried out via inspection visits which take place either once a year (11 - 50 employees) or every third year (1 - 10 employees). These inspection visits are carried out jointly by an occupational physician and a safety expert.

Companies of this size can also take advantage of free support from one of the accident prevention centres operated by the work accident insurance institutions (AUVAsicher).

Under certain conditions, the employers of companies with up to fifty employees can also carry out accident prevention work themselves (Unternehmermodell). ^[16].

Safety technical centres have to fulfil the following requirements:

• Head Safety engineer (working full time - minimum 20 hours/week spent on preventive activities).
• Additional safety engineers’ total amount of hours spent on preventive activities 70 hours/week.
• Specialized staff at least half of the time designated for the occupational physicians or at least 38 hours/week.
• Other personnel (secretaries) at least 38 hours/week.

Specialised staff may consist of:

1. Technicians or persons with a background of natural sciences with at least
2. One mechanical engineer or one electrical engineering technician
3. One chemist or a biologist

Exceptions can be made if safety engineers with corresponding training are employed. Furthermore, if the preventive service has documented evidence of cooperation with respective services.

Centres for Occupational Medicine have to fulfil the following requirements:

• Head Occupational Physician (working full time - minimum 20 hours/week spent on preventive activities).
• Additional occupational physicians total amount of hours spent on preventive activities 70 hours/week.
• Specialized staff at least half of the time designated for the occupational physicians or at least 38 hours/week.
• Other personnel (secretaries) at least 38 hours/week.

Specialised staff may consist of:

1. Occupational physicians that have not finished their training
2. Physiotherapists, assistant medical technicians, radiologic assistants, dieticians, ergotherapist
3. Occupational nurses
4. Psychologists
5. Chemists
6. Ergonomists, epidemiologists, toxicologists and other specialists

Each centre has to undergo a licensing procedure before it can take up service. They have to notify the Federal Ministry of Labour, Family and Youth and have to be controlled by the labour inspection prior to commencing their activity. The Ministry yearly provides a list of accredited safety technical centres.

Preventive services for both occupational medicine and safety engineering have to fulfill the prerequisites for both services, with two independent units, their respective heads and the necessary staff.

The following models of occupational health service provision are common in Austria:

• One occupational health physician supervises several SMEs
• A large enterprise employs an occupational health physician
• Companies have their own in-house services (integrated model),
• Group services for several SMEs (joint model),
• Regional service units of the accident insurance institution (structure similar to that of group services, AUVA model),
• Private medical centre model ^[9].

If possible, support should be provided by internal preventive specialists, in other words by persons who are employed by the company. External experts can only be brought in if there are no suitable specialists already in the company. External experts are either self-employed or work for a prevention centre, a safety centre or an occupational health centre.

Compensation and insurance bodies

The workplace accident insurance International comparison of occupational accident insurance system is part of the Austrian social insurance system. Membership is compulsory for all companies in Austria. Insurance premiums are paid by the employer only and the contribution is 1.2% of the payroll^[17]. The insurance covers accidents at work, travel accidents on the way to work, and occupational diseases. There is also insurance cover for students at school and university, as well as for assistance services e.g. during first aid.

In Austria, the insurance bodies are organized according to sectors. In 2019 the system was reformed and the number of insurance bodies reduced to the following:

• Austrian Workers’ Compensation Board (AUVA),
• Social Insurance Institution for Self Employed and Farmers (SVS),
• Social Insurance Institution of Austrian Railways, Mining and Public Service (BVAEB)

(1) The largest is the Austrian Social Insurance for Occupational Risks (Allgemeine Unfallversicherungsanstalt, AUVA)^[18]. Like the Labour Inspectorate, AUVA is a centralized national organisation. Founded in 1889 as occupational accident liability insurance for employers, AUVA is responsible for the prevention of occupational accidents and diseases, as well as for the compensation of industrial injuries and accidents, and for rehabilitation. It provides services for more than 3 million employees, plus more than 1 million school children and students. These services include advice, training, expert opinion and information, as well as general assistance on OSH questions, as well as working processes, workplace design, individual protection, and implementing rules, regulations and standards.

Their range of activities includes regional public relations and advertising campaigns, safety training in schools, and ensuring efficient first aid in co-operation with ambulance services. AUVA has a central office in Vienna, four regional offices, and five local offices. It also has six trauma centers and four rehabilitation centers.

(2) The Social Insurance Institution for Self Employed and Farmers (Sozialversicherung der Selbständigen, SVS)^[19] is responsible for 1.2 Mio. self-employed including Farmers. It covers not only occupational accidents and diseases but also health insurance, pension insurance and health care.

(3) The Social Insurance Institution of Austrian Railways, Mining and Public Service (Versicherungsanstalt Öffentlich Bediensteter, Eisenbahnen und Bergbau, BVAEB)^[20] is the insurance body for the public sector as well as workers of the railway, public transport and the cable-car sector (occupational accidents and diseases, health insurance, pensions).

Other OSH bodies

The Austrian Dust (Silicosis) Control Centre is affiliated to AUVA. It is an authorised control body for dusts and dangerous substances according to EN ISO/IEC 17025. ADCC measures workplace exposure and evaluates plant emission. Its tasks also include analysing dusts and minerals, as well as providing information and counselling, and training safety representatives on dust hazards. ADCC also conducts research into occupational diseases caused by dusts, and carry out prevention activities in cooperation with occupational medicine centers and occupational physicians.

The Organisation of Austrian Safety Specialists (Verband österreichischer Sicherheits-Experten – VÖSI)^[21], founded in 1977, is an association of Austrian OSH specialists (Sicherheitsfachkraft). As well as safety specialists, other prevention experts can join VÖSI such as fire safety engineers, construction coordinators for OSH, and occupational physicians and psychologists. VÖSI represents the interests of its members through codetermination in legislation and standardisation.

The Austrian Society for Occupational Medicine (Österreichische Gesellschaft für Arbeitsmedizin, GAMed)^[22] is the Association of Occupational Medicine Experts.

The Austrian Association for Promoting Occupational Safety (Österreichischer Verband zur Förderung der Arbeitssicherheit, VAS)^[23] is an Association of producers and distributors of occupational safety products. The main objective of VAS is to provide factual information on personal protection equipment.

Education, training, and awareness raising

Legally required training for OSH specialists

For providing OSH prevention services in a company, occupational physicians and safety engineers, must have an OSH specialist certificate. Unless they have specialized in OSH as part of their university education, occupational physicians must complete a minimum of 12 weeks’ postgraduate training in occupational medicine. Safety engineers have to do eight weeks’ training; and occupational nurses four weeks’ additional training. Postgraduate training in occupational medicine is provided by two institutions:

• Austrian Academy for Occupational Medicine (Österreichische Akademie für Arbeitsmedizin), founded in the early 1980s and situated in Klosterneuburg, near Vienna,
• Linz Academy for Occupational Health and Safety (Linzer Akademie für Arbeitsmedizin und Sicherheitstechnik), founded in 1988.

They are both non-academic private associations, mainly financed by student fees, with members from national and local authorities, the social security system, trade unions and employers’ organisations. A representative of the Austrian Medical Association sits on the board of the Austrian Academy. The basic curriculum is set by the Ministry of Health, which must also approve the training institutions.

The curriculum covers traditional physical and chemical hazards, and also risks posed by ergonomic, psychosocial and organisational factors. The main emphasis of the training programme is on work-related diseases (not restricted to legally recognised diseases).

The academies also provide continuing professional development, as does the Austrian Society for Occupational Medicine (Österreichische Gesellschaft für Arbeitsmedizin) and the Department for Occupational Medicine at the Medical University of Vienna.^[24]

The topics of the courses cover e.g.:

• Occupational psychology for occupational physicians
• Audit of Health and Safety Management Systems
• Air as an impact factor at workplaces
• The eye – occupational strains and their impact

Other vocational training

Companies with more than 10 workers need specially trained workers that act as intermediaries between employer and workers in all matters of occupational safety and health. These so called Safety Representatives (‘Sicherheitsvertrauensperson’) carry out these activities in addition to their normal job (cf. Chapter 3.3). The training course for safety representatives lasts at least three days and mainly covers:

• Legal requirements and their impact
• Occupational risks and strains (and reduction thereof).
• Risk assessment and instructions for workers^[25].

Awareness raising networks

The Federal Ministry of Labour, Family and Youth ^[14], affiliated with the Labour Inspectorate ^[15], acts as the focal point for coordinating OSH network.

The Austrian Network for Occupational Health (Österreichisches Netzwerk Arbeit und Gesundheit) is open to organisations and private persons. The network is part of the European Work Hazard Network, and organises meetings for their members several times per year.

The Austrian Network for Workplace Health Promotion (Österreichisches Netzwerk Betriebliche Gesundheitsförderung, BGF)^[26] is member of the corresponding European network. Its aim is to improve access to such information as research results, concepts, and best practices.

Specialized technical, medical and scientific institutions

Research institutes

AUVA runs the Safety Technology Testing and Research Centre, which carries out fundamental research and provides expert opinion. Furthermore, the Technical Safety Laboratory, a certified and officially licensed testing facility, offers European conformity testing for manufacturers and producers. OSH related research is carried out at the Technical University of Vienna, as well as in private research organizations.

An example for such a private research organisation is PPM Austria, a multi-disciplinary research and training organisation focusing on occupational health and safety issues and on the working environment.^[27]

Standardization bodies

Standardisation in Austria is under federal supervision. The Austrian Standards Institute is an independent, non-profit organisation. Since 1920 it has been the platform for norms, rules and standards. The current legal framework is the Standardisation Law (Normengesetz) from 2016 ^[28].

The Austrian Standards Institute is a member of the European Standardisation Committee (CEN) and the International Standardization Organisation (ISO).

Table 1: Main OSH institutions and organizations in Austria