Framework agreement on work-related stress 8 October 2004 ETUC/CES/ EGB.

Framework agreement

on

work-related stress

8 October 2004

ETUC/CES/ EGB

Signatory PartiesSignatory Parties John Monks General Secretary of the ETUC Dr.Jürgen Strube President of UNICE Paul Reckinger President of UEAPMERainer Plassmann General Secretary of CEEP

ETUC, Bd du Roi Albert II, 5, B-1210 Brussels, Tel. +32 2 224 04 11http://www.etuc.org

UNICE, Av. de Cortenbergh 168, B-1000 Brussels, Tel. +32 2 237.65.11, http://www.unice.org

UEAPME, Rue Jacques Lalaing 4, B-1040 Bruxelles, Tel. +32 2 230 75 99http://www.ueapme.com

CEEP, Rue de la Charité, 15 B-1210 Brussels, Tel. +32 2 219 27 98http://www.ceep.org

Part 1Part 1 - The Framework Agreement - The Framework Agreement from a Health & Safety Point of Viewfrom a Health & Safety Point of View

Roland GAUTHY -Roland GAUTHY - Research Officer, ETUI-REHSResearch Officer, ETUI-REHS

Since the signature of the FA, what have been done or still have

to be done in order to fulfil it?

Translation Translation commonly agreed ? commonly agreed ? Dissemination of the FA ?Dissemination of the FA ? How to improve FA’s usability & efficiency ?How to improve FA’s usability & efficiency ? Good or bad experiences ?Good or bad experiences ? Interpretation ?Interpretation ? Report & monitoring ?Report & monitoring ? Etc…?Etc…?

1. Introduction1. Introduction

Work-related stress has been identified at international, European and national levels as a concern for both employers and workers.

Having identified the need for specific joint action on this issue and anticipating a Commission consultation on stress, the European social partners included this issue in the work programme of the social dialogue 2003-2005.

§ 1 – Common concern§ 1 – Common concern

Stress is a common concern for the social Stress is a common concern for the social partnerspartners

A need for a specific joint action has been A need for a specific joint action has been identifyidentify

Stress can potentially affect any workplace and any worker, irrespective of the size of the company, field of activity, or form of employment contract or relationship.

In practice, not all work places and not all workers are necessarily affected.

§ 2 – Broad coverage§ 2 – Broad coverage

Broad coverage of WR-stress situationsBroad coverage of WR-stress situations

Even the SMEs are consideredEven the SMEs are considered

Diversity of working contracts or relationshipsDiversity of working contracts or relationships

Tackling stress at work can lead to greater efficiency and improved occupational health and safety, with consequent economic and social benefits for companies, workers and society as a whole.

Diversity of the workforce is an important consideration when tackling problems of work-related stress.

§ 3 – Impact & diversity§ 3 – Impact & diversity

EU major cause of concern EU major cause of concern Health effects on individual workersHealth effects on individual workers

Economic impact on business and social costs (Economic impact on business and social costs (€€20 billion in 20 billion in 1999) / 50% of lost working days1999) / 50% of lost working days

Figures (2000)Figures (2000) 28 % of European workers / 41 millions workers28 % of European workers / 41 millions workers

29% women / 28% men29% women / 28% men

Technicians, (35%), managers (32%), clerks (25%)Technicians, (35%), managers (32%), clerks (25%)

Diversity of the workforce : Diversity of the workforce : gender, age, qualification, etc.gender, age, qualification, etc.

2. Aim2. Aim

The aim of the present agreement is to increase the awareness and understanding of employers, workers and their representatives of work-related stress, draw their attention to signs that could indicate problems of work-related stress.

§ 1 – Awareness & Understanding§ 1 – Awareness & Understanding

All the signatory parties are involved in the All the signatory parties are involved in the prevention of work-related stress (WRS): it’s a prevention of work-related stress (WRS): it’s a common taskcommon task

They should understand the mechanisms They should understand the mechanisms beyond WRSbeyond WRS

Not only as a health & safety issueNot only as a health & safety issue

Lot of other aspects of the working life are potential Lot of other aspects of the working life are potential stress factorsstress factors

The objective of this agreement is to provide employers and workers with a framework to identify and prevent or manage problems of work-related stress. It is not about attaching blame to the individual for stress.

§ 2 – Main target§ 2 – Main target

All the parties should be able to All the parties should be able to IdentifyIdentify

PreventPrevent

ManageManage

WR-stress in a collective perspective (the WR-stress in a collective perspective (the focused is not put on the individual) andfocused is not put on the individual) and

With action-oriented instrumentsWith action-oriented instruments

Recognising that harassment and violence at the work place are potential work related stressors but that the EU social partners, in the work programme of the social dialogue 2003-2005, will explore the possibility of negotiating a specific agreement on these issues, this agreement does not deal with violence, harassment and post-traumatic stress.

§ 3 – Excluded issues§ 3 – Excluded issues

Issues such as mobbing, bullying, physical or Issues such as mobbing, bullying, physical or sexual violence, etc. & their consequences (e.g. sexual violence, etc. & their consequences (e.g. post-traumatic stress) are recognized as post-traumatic stress) are recognized as potential stress factorspotential stress factors

They are excluded from this agreement because They are excluded from this agreement because they could be part of future negotiations they could be part of future negotiations between the EU social partnersbetween the EU social partners

3. Description of stress and 3. Description of stress and work-related stresswork-related stress

Stress is a state, which is accompanied by physical, psychological or social complaints or dysfunctions and which results from individuals feeling unable to bridge a gap with the requirements or expectations placed on them.

§ 1 – What is stress§ 1 – What is stress

It’s not the best part of the FA but that’s it!It’s not the best part of the FA but that’s it!Stress as a state … = OKStress as a state … = OK… … resulting from individual incapability…: this is far too resulting from individual incapability…: this is far too subjectivesubjective

ImmeasurableImmeasurableToo individualToo individualLinked to stress in general (instead of WR-stress) but even Linked to stress in general (instead of WR-stress) but even there one could be stressed in other ways than those there one could be stressed in other ways than those described here…described here…

Operationally speaking, this § does not provide us with any Operationally speaking, this § does not provide us with any help…help…

The individual is well adapted to cope with short-term exposure to pressure,

which can be considered as positive, but has greater difficulty in coping with prolonged exposure to intensive pressure.

Moreover, different individuals can react differently to similar situations &the same individual can react differently to similar situations at different times of his/her life.

§ 2 – “positive short term pressure”§ 2 – “positive short term pressure”

This part of the description is also a part of our FA This part of the description is also a part of our FA butbut

The 1st meaning is not totally correct : it’s a singular The 1st meaning is not totally correct : it’s a singular perspective… (it’s not scientifically accepted)perspective… (it’s not scientifically accepted)

The 2nd meaning doesn’t add any value to the FAThe 2nd meaning doesn’t add any value to the FA Too individualToo individual

Too far from work-related factorsToo far from work-related factors

it’s virtually an “empty” part of this FAit’s virtually an “empty” part of this FA

Stress is not a disease but prolonged exposure to it

may reduce effectiveness at work

and

may cause ill health.

§ 3 – self speaking§ 3 – self speaking

StressStress

Is costly for the companiesIs costly for the companies

Has a human priceHas a human price

Stress originating outside the working environment

can lead to changes in behaviour & reduced effectiveness at work.

All manifestations of stress at work cannot be considered as work-related stress.

Work-related stress can be caused by different factors such as

work content, work organisation, work environment, poor communication, etc.

§ 4 – Link with workplace§ 4 – Link with workplace

Here we have the key-issue of this chapter Here we have the key-issue of this chapter because :because :

it concerns the workplaceit concerns the workplace even when stress is imported from the outer worldeven when stress is imported from the outer world

even if it is not work-relatedeven if it is not work-related

It focuses for the 1st time on the dynamics of It focuses for the 1st time on the dynamics of stressstress

FATIGUE-LIKE EFFECTS

MENTAL STRESS

MENTAL STRAIN

TASK PHYSICAL ENVIRONMENT

SOCIAL ENVIRONMENT

EQUIPMENT

FACILITATING EFFECTS

ACTIVATION WARMING UPMENTAL FATIGUE MONOTONY REDUCED

VIGILANCESATIATION

INDIVIDUAL

WORK ENVIRONMENT Stress or strain?Stress or strain?

IMPAIRING EFFECTS

4. Identifying problems of 4. Identifying problems of work- related stresswork- related stress

Given the complexity of the stress phenomenon, this agreement does not intend to provide an exhaustive list of potential stress indicators. However, high absenteeism or staff turnover, frequent interpersonal conflicts or complaints by workers are some of the signs that may indicate a problem of work-related stress.

§ 1 – Stress Indicators § 1 – Stress Indicators

It became quickly clear that a “shopping list” had It became quickly clear that a “shopping list” had to be avoided !to be avoided !

We agreed instead on examples fromWe agreed instead on examples from– The workers’ group (such as absenteism & staff The workers’ group (such as absenteism & staff

turn-over)turn-over)Counterbalanced with examples fromCounterbalanced with examples from– The employers’ group (individual perspective like The employers’ group (individual perspective like

“workers’ complaints)“workers’ complaints)

Identifying whether there is a problem of work-related stress can involve an analysis of factors such as work organisation and processes (working time arrangements, degree of autonomy, match between workers skills and job requirements, workload, etc.), working conditions and environment (exposure to abusive behaviour, noise, heat, dangerous substances, etc.), communication (uncertainty about what is expected at work, employment prospects, or forthcoming change, etc.) and subjective factors (emotional and social pressures, feeling unable to cope, perceived lack of support, etc.).

§ 2 – Identification process§ 2 – Identification process

This is a key-This is a key-§ with mentions of important stressors § with mentions of important stressors related to related to

Work organization, processesWork organization, processes

Working condition & environment Working condition & environment

Employment prospects (job security, contractual Employment prospects (job security, contractual relations) & forthcoming changes relations) & forthcoming changes

!!! Non-subjective factors !!!!!! Non-subjective factors !!!

Subjective factors: emotional & social pressures…Subjective factors: emotional & social pressures…

If a problem of work-related stress is identified, action must be taken to prevent, eliminate or reduce it.

The responsibility for determining the appropriate measures rests with the employer.

These measures will be carried out with the participation and collaboration of workers and/or their representatives.

§ 3 – Actions§ 3 – Actions (Key (Key §)§)

Actions taken with the PARTICIPATION & the Actions taken with the PARTICIPATION & the COLLABORATION in all the 3 steps of COLLABORATION in all the 3 steps of systematic stress-reductionsystematic stress-reduction

PreventionPrevention

EliminationElimination

ReductionReduction

The fact that the employer’s willingness to The fact that the employer’s willingness to act is necessary is also recognized in this §act is necessary is also recognized in this §

5. Responsibilities of employers 5. Responsibilities of employers and workersand workers

Under framework directive 89/391, all employers have a legal obligation to protect the occupational safety and health of workers. This duty also applies to problems of work-related stress in so far as they entail a risk to health and safety. All workers have a general duty to comply with protective measures determined by the employer.

§ 1 – Reference to the Framework § 1 – Reference to the Framework Directive 89/391 (FWD)Directive 89/391 (FWD)

The FWD describes clearly the obligations The FWD describes clearly the obligations of the employers in the field of O.S.H. of the employers in the field of O.S.H. the clear FWD’s reference REINFORCES the clear FWD’s reference REINFORCES the FAthe FA

Workers’ compliance is needed : this is Workers’ compliance is needed : this is fully acceptablefully acceptable

P.A.: Safety & health protection P.A.: Safety & health protection of workers (89/391)of workers (89/391)

Avoid risksAvoid risks }}Evaluate residual risksEvaluate residual risks } ~ } ~ STRESSORSSTRESSORSCombat risks at sourceCombat risks at source }}Adapt work to Adapt work to

IndividualsIndividualsTechnical progressTechnical progress

Replace by the less dangerousReplace by the less dangerousCoherent overall protection Coherent overall protection work organisation, working work organisation, working conditions, social relations, … etc.conditions, social relations, … etc.

Priority to collective measuresPriority to collective measuresInstructions to workersInstructions to workers

P.A.: implementationP.A.: implementation

Priority Priority = elimination of risk factors = elimination of risk factors

= = elimination of stressorselimination of stressors

Stressors Stressors Stress Stress (Cause (Cause Consequence) Consequence)

Exposure to risk factors = stressorsExposure to risk factors = stressors

Adaptation (from stress to « stress-less ») Adaptation (from stress to « stress-less »)

MSD: risk factor… repetitive movements…MSD: risk factor… repetitive movements…

STRESS: risk factor (stressor)…short STRESS: risk factor (stressor)…short delays…delays…

FA Stress & HS DirectiveFA Stress & HS DirectiveEU Directive (+ praxis)EU Directive (+ praxis)

Avoid risksAvoid risks

Evaluate residual risksEvaluate residual risks

Combat risksCombat risks

Adapt workAdapt work

Less dangerousLess dangerous

Coherent protectionCoherent protection

Collective measuresCollective measures

Instructions to workersInstructions to workers

FA StressFA StressAim: Aim: Awareness, SignsAwareness, Signs

Causes: Causes: Work Content, Organisation, Work Content, Organisation, Environment, CommunicationEnvironment, Communication

Identification: Identification: Signs + Stressors + IndividualSigns + Stressors + Individual

Prevent, evaluate, Prevent, evaluate, reduce reduce measures: measures:

Management,Management,Communication,Communication,TrainingTraining

Addressing problems of work-related stress may be carried out

within an overall process of risk assessment,

through a separate stress policy

and/or by specific measures targeted at identified stress factors.

§ 2 – Choice of the instrument§ 2 – Choice of the instrument

The choice of the instrument on how to address The choice of the instrument on how to address the problems of WR-stress is open: different the problems of WR-stress is open: different methods are in usemethods are in use

Overall risk assessments as foreseen in the Overall risk assessments as foreseen in the FWDFWD Stress policiesStress policies Specific measures dedicated to specific Specific measures dedicated to specific problemsproblems

6. Preventing,eliminating or 6. Preventing,eliminating or reducing problems of reducing problems of

work-related stresswork-related stress

Preventing, eliminating or reducing problems of work-related stress can include various measures. These measures can be collective, individual or both. They can be introduced in the form of specific measures targeted at identified stress factors or as part of an integrated stress policy encompassing both preventive and responsive measures.

§ 1 – Kind of measures§ 1 – Kind of measures

Flexibility is given to adapt the measures to Flexibility is given to adapt the measures to each situationeach situation Collective (or individual) measuresCollective (or individual) measures

Anti-stress (or better said “anti-stressors”) policy Anti-stress (or better said “anti-stressors”) policy should be understood as DYNAMIC ACTION should be understood as DYNAMIC ACTION PLAN (because it is revised)PLAN (because it is revised)

see following ex.see following ex.

Risk Assessment :Risk Assessment :

What ?What ?

Why ?Why ?

When ?When ?

How ?How ?

Who ?Who ?

A Solution-Oriented ModelA Solution-Oriented Model

SOBANE (prof. J. Malchaire, UCL)

From risk assessment From risk assessment actions actions

The basic idea of this The basic idea of this ACTION-ORIENTED modelACTION-ORIENTED model is is that as soon as a problem is detected (at any level) a that as soon as a problem is detected (at any level) a solution is searched…solution is searched…

On a participative way =On a participative way = with the workers who with the workers who experience the problem experience the problem

If a satisfying solution cannot be found or if the If a satisfying solution cannot be found or if the problem could not be understood, other competences problem could not be understood, other competences are involved are involved External experts don’t master the real situation External experts don’t master the real situation they start from another they start from another postureposture

Reminder Reminder

The Preventive Approach (P.A.):The Preventive Approach (P.A.): Its strategy = eliminating the risksIts strategy = eliminating the risks Its implementation = compulsory & dynamicIts implementation = compulsory & dynamic

Essential characteristics:Essential characteristics: ParticipativeParticipative HolisticHolistic MultidisciplinarMultidisciplinar

Where the required expertise inside the work place is insufficient, competent external expertise can be called upon, in accordance with European and national legislation, collective agreements and practices.

Track potential causes Track potential causes interpersonal, hierarchy, burden interpersonal, hierarchy, burden (work loads), schedules, noise … etc.(work loads), schedules, noise … etc.

Try to find a suitable solution to well (participatory) Try to find a suitable solution to well (participatory) identified problemsidentified problems

Holistic approach focused on objective facts & subjective Holistic approach focused on objective facts & subjective feelingsfeelings

External expertise when necessary External expertise when necessary

Remark on the experts…Remark on the experts…Do not underevaluate the worker (or overevaluate the Do not underevaluate the worker (or overevaluate the

expert):expert): the worker / the operator is the UNIQUE the worker / the operator is the UNIQUE

real expert on his workplacereal expert on his workplace

Consequently,Consequently, Call the expert neither too soon nor too late Call the expert neither too soon nor too late when when necessarynecessaryRequire from him Require from him profesionnalism, ethic, privacyprofesionnalism, ethic, privacy … …Eliminate gurus, or « besserwisser » (there are millions Eliminate gurus, or « besserwisser » (there are millions of them in the field of stress) of them in the field of stress)

Once in place, anti-stress measures should be regularly reviewed to assess their effectiveness, if they are making optimum use of resources, and are still appropriate or necessary.

§ 3 – Dynamic nature of the process§ 3 – Dynamic nature of the process

Regular review of the anti-stress(ors) measuresRegular review of the anti-stress(ors) measures

Monitoring of the Monitoring of the EffectivenessEffectiveness

decreased stress-level?decreased stress-level?

elimination of risk factors?elimination of risk factors?

Necessity to increase / modulate the efforts, Necessity to increase / modulate the efforts, address other issues, etc…address other issues, etc…

Such measures could include, for example: • management and communication measures such as clarifying the company’s objectives and the role of individual workers, ensuring adequate management support for individuals and teams, matching responsibility and control over work, improving work organisation and processes, working conditions and environment,• training managers and workers to raise awareness and understanding of stress, its possible causes and how to deal with it, and/or to adapt to change,• provision of information to and consultation with workers and/or their representatives in accordance with EU and national legislation, collective agreements and practices.

§ 3 – Kind of measures§ 3 – Kind of measures

The examples are related to the previous The examples are related to the previous chapters:chapters:

it increases the coherence of the text &it increases the coherence of the text & it reinforces the previous chapters onit reinforces the previous chapters on

management responsibilitymanagement responsibility work organisations & processeswork organisations & processes working conditionsworking conditions training & information (but not of the workers reps)training & information (but not of the workers reps)

as it is in line with the FWD 89/391, it even as it is in line with the FWD 89/391, it even reinforces the application of the basic principlesreinforces the application of the basic principles

Thank you Thank you

for your attention !for your attention !

7. Implementation and follow-up

In the context of article 139 of the Treaty, this voluntary European framework agreement commits the members of UNICE/UEAPME, CEEP and ETUC (and the liaison committee EUROCADRES/CEC) to implement it in accordance with the procedures and practices specific to management and labour in the Member States and in the countries of the European Economic Area.The signatory parties also invite their member organisations in candidate countries to implement this agreement.

The implementation of this agreement will be carried out within three years after the date of signature of this agreement.

Member organisations will report on the implementation of this agreement to the Social Dialogue Committee. During the first three years after the date of signature of this agreement, the Social Dialogue Committee will prepare a yearly table summarising the on-going implementation of the agreement. A full report on the implementation actions taken will be prepared by the Social Dialogue Committee during the fourth year.

The signatory parties shall evaluate and review the agreement any time after the five years following the date of signature, if requested by one of them.

In case of questions on the content of this agreement, member organisations involved can jointly or separately refer to the signatory parties, who will jointly or separately reply.

When implementing this agreement, the members of the signatory parties avoid unnecessary burdens on SME’s.

Implementation of this agreement does not constitute valid grounds to reduce the general level of protection afforded to workers in the field of this agreement.

This agreement does not prejudice the right of social partners to conclude, at the appropriate level, including European level, agreements adapting and/or complementing this agreement in a manner which will take note of the specific needs of the social partners concerned.