Health and Safety in Belgium

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Health and Safety in Belgium
Construction
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ABC of the law Well-being at work
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What is meant by well-being?

• Safety at work
• Protection of the workers health at work
• Psychosocial pressure caused by work
• Ergonomics
• Hygiene at work
• Embellishment of the workplaces
• Moral and social harassment and violence
• Environmental measures taken by the company

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This legislation is meant for whom?

• WORKERS
• otherwise than under employment contract
• vocational training
• articles of apprenticeship
• trainees
• pupils and students
• EMPLOYERS

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Responsabilities of the parties involved

• Employers
• 1st responsible of  Well-being at work 
  (accident, ill)
• He must scan his company to see what and where
  are the risks plan the needed mesures to
  prevent risks and to protect the workers (Global
  Plan of Prevention GPP)
• He must applicate the GPP and take all needed
  mesures
• Workers
• By his behaviour, he can not deliberately be
  dangereous for him and for the others workers

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Prevention strategy
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Global plan of prevention

• What does it say?
• Results of the risk assessment
• Prevention measures to be taken
• Goals to achieve with priority
• Actions to be taken in order to achieve goals

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The annual plan of action

• What does it say?
• The goals to be achieved with priority during the
  next working year
• The means and the methods necessary to achieve
  the goals
• The assignments, duties and means of the persons
  involved
• The adjustments to be made to the global plan of
  prevention

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How to do that ?

• Help of experts in  Well-being  and
  consultation of the workers
• Service PP composed of
• Internal Service PP (Who inside the company can
  help to manage the PP ?)
• External Service PP (The help which does not
  exist inside the company (agreed services)
• All the aspects of Well-being must be managed by
  one of these two services (ISPP ESPP)
• Role of the services risks assessment, advice
  and planning to reduce the risks
• Responsability ???

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Internal service PP composition

• Each employer has an internal service PP
• Multidisciplinary approach
• Number of obligatory internal and external tasks
• A prevention advisor safety at work must always
  be present
• If internal medical surveillance a distinct
  department medical surveillance with a prevention
  advisor (occupational health specialist) at the
  head of it
• if necessary, administrative staff and medical
  relief workers

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The external service PP structure and composition

• Division risk control
• prevention advisors for the 5 disciplines
• support staff
• work under the responsibility of an engineer.
• Division medical surveillance
• prevention advisors (occupational health
  specialists)
• paramedical and administrative staff.

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Role of prevention advisor

• Advise the employer on the best  well-being  in
  the company
• Analyse the risks at work and during working
  hours
• Help to plan the GPP and APP
• Search for solutions to eliminate or reduce risks
• See to the application of the decided mesures
• Conduct the CPPW

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Which prevention advisor ? 4 categories
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What is the CPPW ?

• Joint consultative body at company level
• Employer representatives
• Workers representatives
• Chairman employer
• Secretary prevention advisor of the internal
  service PP
• Any other prevention advisors of the internal and
  external service PP

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Meetings of the CPPW

• At least once a month in the company (technical
  operating unit or TOU)
• Meeting time working time
• Agenda
• Summons
• Minutes
• Taking decisionsRight to preliminary meeting
• Right to invite experts
• Replacement of a member of the CPPW
• Information to the personnel
• By-laws

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Competences of the CPPW

• Basic competences
• General Health and Safety Regulation (ARAB-RGPT)
  or CODEX
• Task for the CPPW
• Obligation of secrecy
• Prevention policy
• Tracing of risks
• Measures for the promotion of prevention
• Specific tasks
• Working environment
• Internal service PP
• External service PP
• Environment

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Information and tools

• Information
• Monthly information
• Yearly information
• Occasional information
• Documentation
• Brochures
• External sources of information

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Building sector
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Principle

• As in the other sectors (Law of  Well-being  )
• But problems of coordination between the
  different companies which work on the same
  building site
• ? law  coordination 
• ? New actors coordinators

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Coordination Historic

• 1992 European Directive  Temporary or Mobile
  Construction sites 
• 4/8/96 Law on Well-being
• 25/1/01 Royal decree on Temporary or Mobile
  Construction sites 

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When is coordination obligatory ?

• Si 1 seul entrepreneur ? règles de
  sécurité propres à tout chantier uniquement (PAS
  DE COORDINATION OBLIGATOIRE)
• Si plus d1 entrepreneur travaillant
  simultanément ou successivement ? règles
  de sécurité propres à tout chantier
• OBLIGATION de faire de la CCORDINATION

• If only 1 company
• ? only safety regulations applicable to any
  building site (No obligation of coordination)
• If more than 1 company working simultaneously or
  successively
• ? safety regulations applicable to any building
  site
• Coordination is obligatory

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To what does coordination refer to ?
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Before the realization of the building project,
as from the draft project

• Designation of a coordinator-project,
• Preliminary notification,
• Elaboration of the plan of safety-health (PSH)

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During the realization of the project

• Designation of a coordinator-realization,
• Setting-up of the coordination structure
• Elaboration of the coordination journal (CJ)

During later intervention

• Consultation and adaptation of the FLI (File of
  later interventions)

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Coordination instruments

• Plan of Safety and Health (PSH)
• Coordination Journal (CJ)
• File of later intervention (FLI)
• Coordination structure (SC)
• Preliminary notification (PN)

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