Workplace legislation in small and medium-sized enterprises

A report on the implementation of workplace legislation, particularly in small and medium-sized enterprises (SMEs), offers suggestions for reorganising legal regulations and for special measures to help companies to comply with the law.

The outline of a research project (Summary (93Kb pdf; in German)) by the Federal Institute for Occupational Health and Safety (FIOSH) on the implementation of workplace legislation examines the Workplace Bill 2004 (43Kb pdf; in German), workplace directives, and other occupational health and safety regulations, focusing on small and medium-sized enterprises (SMEs). The summary looks at shortcomings in terms of compliance in SMEs.

In 2004, the Workplace Bill was revised for the following reasons:

• to adapt the structure of German workplace law to that of EU law, specifically the Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace;

• to avoid duplication and contradiction in relation to other regulations and provisions, particularly building policy law;

• to adapt the content of the Bill to match new developments in technologies and forms of work, and new scientific knowledge.

In addition to the Directive on safety and health requirements, other EU Directives pertaining to the workplace include those concerning: work with display screen equipment (90/270/EEC); safety marking (92/57/EEC); and noise levels (86/188/EEC). Their implementation at national level is set out in the relevant bills. Further requirements for workplaces are laid down in a series of laws and underpinned by a number of codes.

Implementation of workplace law

General problems concerning implementation of the law identified in the report are:

• oversights in the complex design of safe and healthy workplaces;

• overlapping regulations;

• lack of transparency with regard to the regulatory content for workplaces;

• lack of specific practical tools to assist in protecting workers according to the legal requirements;

• insufficient awareness and competence with respect to implementing the workplace legislation;

• major shortcomings in the planning and set-up phases.

Annual reports

An evaluation of the annual reports of the Governmental Occupational Safety and Health Authorities revealed serious deficiencies in the implementation of workplace law.

Recurring problems were detected, for example, when workplaces had been modified to meet a different purpose. Deficiencies were found in anti-fall safeguards and social facilities on construction sites, in ventilation systems of large shopping centres, and at cash checkout workstations. Ergonomic design deficiencies were found in work at display units and in call centres, in accessibility for people with disabilities, and in shelf storage facilities with narrow gangways. In many enterprises, there were no escape and rescue plans. Noise exposure was documented, particularly on large construction sites, among metalworkers, and in swimming pools and sports halls.

Results of expert discussions

Interviews were carried out with occupational safety experts, and with representatives of the state occupational safety and health authorities, of accidents insurance funds, and of other experienced bodies. They reported:

• widespread ignorance of workplace law in the set-up and adjustment phase;

• lack of willingness to integrate health and safety measures;

• potential further risks and subsequent financial costs due to inadequate integration of health and safety measures;

• lack of continuous training and regulatory activities.

The 2004 Workplace Bill is perceived as being directed mainly at the industrial sector, and does not include statements on body dimensions, posture and physical strength in relation to workplaces.

The experts also identify a lack of logical structure in the requirements for risk prevention. They further point to a lack of protective targets for objects to be designed, and for mobile workstations.

Although ambient working conditions are specified in detail for factors such as noise, climate and lighting, there are only general regulations, if at all, for factors such as vibrations and electromagnetic radiation.

SME survey

The survey of 30 companies found:

• little information for the non-industrial sector;

• major deficiencies in the ergonomic design of workstations;

• insufficient consideration of the life phases of a workplace;

• a series of specific deficiencies in relation to individual provisions.

New developments

Of particular importance for developing provisions in workplace law are:

• trends in the development of equipment in buildings;

• new technologies influencing workplace design, especially the increase of office work;

• new forms of work or modes of work;

• an accessible work design;

• protective concepts and better safety solutions for onsite transport and traffic;

• implementing work systems design in a holistic fashion;

• interaction between different elements of the work system.

Proposals for reformulating workplace law

The report suggests harmonising legal provisions, to avoid duplicate regulations, and create links to related regulations.

The following additions to existing law are proposed:

• filling gaps in requirements for the complex design of workplaces;

• documentation of planning and installation of workplaces;

• risk assessment;

• provision of supplementary tools to assist in achieving compliance.

Anni Weiler, AWWW GmbH ArbeitsWelt - Working World