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STATE MONITORING OF OCCUPATIONAL SAFETY
- 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:
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1. Special focus on micro and SME – developing guidance documents for 2. Temporary and mobile workplaces
3. Implementation of the safety and health document (construction sites) 4. Classification of measures for risk classes.
5. Vulnerable groups of workers (pregnant women, psychosocial problems, young workers, older workers)
6. Selection of PPE
7. 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.
Social dialogue
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)
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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].
References:
1. Bundesgesetz über Sicherheit und Gesundheitsschutz bei der Arbeit (ArbeitnehmerInnenschutzgesetz – ASchG) [Act of 1994 concerning occupational safety and health, 1994, CIS 98-358]. Current amended version from July 2011 available at: http://www.arbeitsinspektion.gv.at/NR/rdonlyres/6B70F952-D5AE-4DBB-AE36-A0183E1B172A/0/ASchG_Novelle_Juli_2011.pdf.
2. Bundesgesetz über die Arbeitsinspektion (Arbeitsinspektionsgesetz 1993 – ArbIG) [Federal Labour Inspection Act, 1993, CIS 94-405]. Available at: http://www.arbeitsinspektion.gv.at/NR/rdonlyres/F7143977-A095-4347-B154-5CE3483D5A2A/0/ArbIG_Novelle_Juli_2011.pdf.
3. Verordnung BGBl II 1997/27 des Bundesministers für Arbeit und Soziales über die Gesundheitsüberwachung am Arbeitsplatz [Regulation No. 1997/27 of the Federal Minister for Labour and Social Affairs concerning health surveillance at the workplace, 1997, CIS 98-375].
4. Mutterschutzgesetz (MuSchG) BGBl. Nr. 221/1979 zuletzt geändert durch BGBl. I Nr. 35/2012 [Maternity Protection Act Nr. 221/1979, amended 2012].
5. Bundesgesetz über die Beschäftigung von Kindern und Jugendlichen 1987 (Kinder- und Jugendlichen-Beschäftigungsgesetz 1987 – KJBG) [Federal Act on Child
Labour and Young Workers from
1987]. https://www.ris.bka.gv.at/eli/bgbl/1987/599/P0/NOR40122527
6. Österreichische ArbeitnehmerInnenschutzstrategie 2013-2020. Available at: [1]. English version available at: [2]
7. Adam, G., 'Working conditions and social dialogue — Austria', Eurofound
publication, 2008. Available
at: http://www.eurofound.europa.eu/comparative/tn0710019s/at0710019q.htm 8. https://www.sozialministerium.at/
9. Adam, G. 'Austria: Industrial relations profile', Eurofound publication, 2009.
Available at http://www.eurofound.europa.eu/eiro/country/austria.pdf
10. Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ÖGB; 2012). Main page. Retrieved on 14 May 2012, from http://www.oegb.at.