Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Germany (Ratification: 2010)

The Committee takes note of the first report submitted by the Government on the Convention, and of the communication by the German Confederation of Trade Unions (DGB), received by the Office on 26 October 2012 and transmitted to the Government on 5 November 2012. The Committee will examine the communication by the DGB, and any reply the Government wishes to make in this regard, at its next session.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes with interest that the Government indicates that a national occupational safety and health (OSH) policy, a national OSH system and a national OSH programme are implemented through the Joint German Occupational Safety and Health Strategy (GDA), enshrined in the fifth section of the Occupational Safety and Health Act (OSH Act). The development, management and updating of the GDA are under the responsibility of the National Occupational Safety and Health Conference (NAK) which consists of representatives of the Federal Government, the states, and of the statutory accident insurance bodies. The social partners participate in the NAK in an advisory capacity with respect to the development and definition of OSH objectives and their evaluation, areas of action and benchmarks. The bodies responsible for the GDA, in consultation with the social partners, have agreed upon the following specific safety and health objectives for the period 2008–12: reduction of occupational accidents; reduction of musculoskeletal strains and disorders; and reduction in skin diseases. The Committee asks the Government to continue to provide any relevant information in relation to the GDA, including on the evaluation of the progress made in the attainment of the abovementioned objectives.

Article 2(2). Account taken of the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes the Government’s indication that OSH Conventions serve as an important benchmark for the development of a national OSH policy and that the Government has ratified various OSH Conventions. The Committee asks the Government to provide information on the manner in which it takes into account the principles set out in the instruments of the ILO relevant to the promotional framework for occupational safety and health (listed in the Annex of Recommendation No. 197 concerning the promotional framework for occupational safety and health), in addition to the ratified Conventions.

Article 2(3). Measures that could be taken, in consultation with the social partners, to ratify relevant occupational safety and health Conventions. The Committee notes that no information has been provided in relation to paragraph 3 of this Article of the Convention. The Committee asks the Government to indicate whether periodic consideration has been given to measures that could be taken to ratify relevant occupational safety and health Conventions of the ILO and the outcome of the consultations held in this respect.

Article 4(1). Obligation to establish, maintain, progressively develop and periodically review a national OSH system in consultation with the social partners. The Committee asks the Government to provide information on the results of the review.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. The Committee notes that the Government indicates that works councils must monitor compliance with OSH requirements and have broad competencies and that in an enterprise employing more than 20 workers the employer has the obligation to set up an OSH committee. Workers have the right to be heard and receive explanations on operational matters that concern them. The Committee asks the Government to provide further information on the arrangements to promote cooperation between management, workers and their representatives in enterprises of less than 20 employees.

Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases, taking into account relevant ILO instruments. The Committee notes that a major publication entitled Report on the Current Level of Safety and Health at Work, which is published annually, contains relevant statistics in the field of OSH. The Committee asks the Government to indicate the manner in which account is taken of relevant ILO instruments for the collection and analysis of data.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the indication of the Government that approximately three million SMEs form the backbone of the country’s economy. Accordingly, their needs are addressed as part of the areas of action and work programmes of the GDA. German accident insurance institutions have tailored their prevention activities to the needs of the SMEs. The Committee asks the Government to continue providing information in relation to SMEs and to provide information on the support mechanisms referred to in this paragraph in relation to micro-enterprises and the informal economy.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH, in consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that through the GDA regulations laid down in the OSH Act, Germany complies with the requirement to formulate, implement, monitor, evaluate and review a national programme. The Committee asks the Government to provide further information on the content of such programmes and of the outcome of consultations held in this regard.

Article 5(2)(c). Formulation and review of the national programme on the basis of the national situation, including analysis of the national system. The Committee notes that according to the Government, an essential element of the GDA involves the evaluation of OSH goals, action areas and work programmes on the basis of proper indicators. In this regard, Germany follows the example of other European Union Member States, which also evaluate their OSH strategies. In 2007, the three bodies responsible for the GDA agreed that the attainment of the GDA goals shall be subject to quality insurance and evaluation. In addition to the evaluation of targeted work programmes carried out across Lander and institutions, the GDA as a whole is subject to an evaluation. The Committee requests the Government to provide information on the results of its review.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes that the GDA encompasses the development of joint OSH goals; the definition of priority action areas; and the establishment of benchmarks for work programmes. The Committee requests the Government to provide further information on the objectives, targets and indicators of progress agreed for the national programme/programmes in force during the period covered by the next report.

Article 5(2)(e). Complementary national programmes. The Committee notes with interest that in 2007, health promotion activities at enterprise level were integrated into the catalogue of standard benefits offered by health insurance funds, and that in this connection, health insurance funds must cooperate with the statutory accident insurance institutions and support them in preventing work-related health hazards. The Committee requests the Government to provide further information on complementary national programmes and plans which assist in achieving progressively a safe and healthy working environment.