A. GENERAL: LEGISLATION - SECURITY TECHNICIAN - OCCUPATIONAL DOCTOR
1. What are the basic pieces of legislation relating to the services of a safety technician and an "occupational physician"?
The legislation that requires the existence of a safety technician and "occupational physician" in companies, consists of the following basic legal texts:
1) L. 3850/10 (Government Gazette 84 / A / 10) "Ratification of the laws of Health and Safety of employees"
2) Π.Δ. 294/88 (Government Gazette 138 / Α / 88) "Minimum time of employment of safety technician and occupational physician, level of knowledge and specialty of safety technician for companies, farms and operations of article 1 of Law 1568/85"
3) Π.Δ. 17/96 (Government Gazette 11 / A / 96) "Measures to improve the safety and health of workers at work in compliance with Directives 89/391 / EEC and 91/383 / EEC"
4) Π.Δ. 159/99 (Government Gazette 157 / Α / 3-8-99) “Measures for the improvement of the safety and health of the employees etc (amendment of PD 17/96)”
2. Where can you find more information on labor safety and health legislation?
This legislation, as well as all existing legislation for the health and safety of workers is available on the website of the Ministry of Labor & Social Insurance at www.ypergka.gr, in matters of safety and health of workers. There is also in books published by the Department of Labor Conditions of the Ministry of Labor (at 29 Epikourou Street (vertical of Piraeus opposite OAED Piraeus 52, before Koumoundourou Square, contact telephones: 32.14. 105,32.14.436,32.13.673, e-mail: grhsa@compulink.gr) and from ELINYAE (www.elinyae.gr, Liosion 146 & Theirsiou 6, tel. 0108200100, fax 0108213270).
3. Which companies are required to have a safety technician?
By law, all companies must have a safety technician if they employ even one employee.
4. Which companies are required to have a "working doctor"?
Those companies that employ 50 or more employees or those that have even one employee must have a "working doctor" if their work is related to lead, asbestos, biological agents.
5. Since when is there an obligation for a safety technician and "occupational physician" in companies?
In companies that employed more than 150 employees on 1.6.85 since 1985 (Law 1568/85). In companies that employ more than 50 employees for the "occupational doctor" and even 1 employee for the safety technician since 1996 (PD 17/96).
6. What are the qualifications of a security technician?
The qualifications of the security technician are described in article 5 of L.1568 / 85, in articles 4 and 5 of P.D. 294/88 and in article 4 of P.D. 17/96.
7. What are the qualifications of an "occupational doctor"?
The qualifications of the "occupational doctor" are described in article 8 of Law 1568/85.
8. What are the responsibilities of the security technician?
The responsibilities of the security technician are described in articles 6 and 7 of Law 1568/85 and in PD 17/96. These responsibilities are advisory to the employer and the safety technician is also responsible for overseeing the working conditions. Specifically:
1. The safety technician shall provide the employer with advice and advice, in writing or orally, on matters relating to occupational health and safety and the prevention of accidents at work. The written instructions are recorded in a special book of the company, which is bookmarked and considered by the labor inspectorate. The employer is obliged to take note of the instructions recorded in this book.
2. In particular the safety technician:
(a) advises on the design, planning, construction and maintenance of facilities, the introduction of new production processes, the supply of means and equipment, the selection and control of the effectiveness of personal protective equipment and the configuration and arrangement of workplaces and working environment and general production organization; procedure.
b) checks the safety of the facilities and the technical means, before their operation as well as the production processes and working methods before their application and supervises the implementation of the hygiene and safety measures of the work and the prevention of accidents, informing the competent heads of departments or the address of the company.
3. The safety technician has an obligation to supervise the working conditions
(a) to regularly inspect workplaces for occupational health and safety, to report to the employer any omission of health and safety measures, to propose measures to deal with them and to supervise their implementation.
b) to supervise the proper use of personal protective equipment.
c) to investigate the causes of accidents at work, to analyze the results of investigations, to evaluate them and to propose measures to prevent similar accidents.
d) supervise the execution of fire safety and alarm drills to determine the readiness to deal with accidents.
4. In order to improve the working conditions in the company, the safety technician has the obligation:
(a) ensure that employees in the company comply with occupational health and safety rules and inform and guide them to prevent occupational hazards posed by their work.
b) to participate in the preparation and implementation of training programs for employees in matters of occupational health and safety.
5. The exercise of the work of the safety technician does not preclude the assignment to him by the employer of other duties beyond the minimum hours of employment as a safety technician.
6. The safety technician has moral independence towards the employer and the employees during the exercise of his work. Any disagreement with the employer, regarding issues of his competence, can not be a reason for termination of his contract. In any case, the dismissal of the safety technician must be justified.
7. The security technician has an obligation to maintain operational secrecy.
9. What are the responsibilities of an "occupational doctor"?
The responsibilities of the "occupational doctor" are described in articles 9 & 10 of Law 1568/85 and in Presidential Decree 17/96. These responsibilities are advisory to the employer and the occupational physician is also responsible for overseeing the health of employees. Specifically:
1. The occupational physician provides advice & advice to the employer, employees and their representatives, in writing or orally, on the measures to be taken for the physical and mental health of employees. The written instructions are recorded by the occupational physician in the special book of article 6 of this law. The employer becomes aware of the signatures of the instructions recorded in this book.
2. In particular, the occupational physician advises on:
a) planning planning, modification of the production process, construction and maintenance of facilities, in accordance with the rules of occupational health and safety.
b) taking protection measures, during the import and use of materials and supply of equipment means.
c) physiology and psychology of work ergonomics and work hygiene, arrangement and configuration of positions and work environment and organization of the production process.
d) organization of a first aid service.
e) initial placement and change of job for health reasons, temporarily or permanently as well as integration or reintegration of disadvantaged people in the production process, even with a suggestion of job reform; and
(f) the occupational physician may not be used to verify whether or not an employee is absent due to illness.
3. In order to supervise the health of the employees, the occupational physician has the obligation:
I. To carry out a medical examination of the employees in relation to their place of work, after their prevention or change of job, as well as a periodic medical examination at the discretion of the labor inspector at the request of the Committee on Health and Safety of the employees, when this is not defined by law. Ensures the conduct of medical examinations and measurements of factors of the working environment in application of the provisions that apply each time. Evaluates the suitability of the employees for the specific job, evaluates and registers the results of the exams, issues a certificate of the above assessments and notifies it to the employer. The content of the certificate must ensure medical confidentiality in favor of the employee and can be checked by the health inspectors of the Ministry of Labor to ensure the employee and the employer.
II. Supervises the implementation of measures to protect the health of workers and prevent accidents. For that reason.
(a) regularly inspect jobs and report any omissions, propose measures to address the omissions and monitor their implementation.
b) explains the necessity of the correct use of individual protection measures.
c) investigates the causes of occupational diseases, analyzes and evaluates the results of research and proposes measures to prevent these diseases.
d) supervises the compliance of employees with the rules of occupational health and safety, informs employees about the risks arising from their work, as well as about the ways to prevent them.
e) provides emergency treatment in the event of an accident or sudden illness. Executes vaccination programs for employees by order of the competent hygiene department of the prefecture, where the company is based.
III. The occupational physician is obliged to maintain medical and business confidentiality.
IV. The occupational physician announces through the company to the labor inspectorate diseases of the employees due to work.
V. The doctor must be informed by the employer and employees of any factor in the workplace that has an impact on health.
VI. Monitoring the health of employees can not impose a financial burden on them and must be done during their working hours.
VII. The occupational physician has moral independence from the employer and the employees in the exercise of his work. Any disagreement with the employer, regarding issues of his competence, can not be a reason for termination of his contract. In any case, the dismissal of an occupational physician must be justified.
10. The safety technician, the occupational physician, the employer and the employees' representatives must work together.
The safety technician and the occupational physician are obliged to cooperate by carrying out joint checks. They must also cooperate with the employees' representatives or the E.Y.A.E. and inform them about any important issue of occupational health and safety in the company and provide them with appropriate advice. The employer must work with all of them.
B. LIABILITIES OF BUSINESS-EMPLOYEES
11. Which companies have an obligation to have a written occupational risk assessment?
All companies based on article 8 of PD 17/96. This also defines its content. The employer is responsible for its preparation, and it is carried out by the safety technician, the occupational physician, ESYPP or EXYPP according to the existing provisions.
12. What safety technician books should the company have and where should it consider them?
The written instructions of the safety technician and the occupational physician are registered in a special book of the company, which is bookmarked and considered by the competent KEPEK. The employer is obliged to take note of the instructions recorded in this book. (article 6.9 of Law 1568/85). If the employer disagrees with the written instructions, he must justify his views.
Also in the company there must be a special book of accidents, which lists the causes and the description of the accidents (article 32 par. A9 of Law 1568/85).
Finally, companies must have a record book of the collective anonymous results of the biological tests indicative of the exposure when such tests are provided, and an individual medical file of the employees exposed to agents, since the employer is obliged to refer each employee to a medical examination after recruitment. at regular intervals, when changing jobs and before being placed in a new job involving exposure to agents. These two books do not require a visa from the competent KEPEK
13. Who has the overall responsibility for employee health & safety issues?
The employer (Employer responsibility principle). All other services are consulting to facilitate his work. Even if there are no written instructions from his health and safety consultants (safety technician and occupational physician), he bears the sole responsibility to ensure the safety and health of workers in all aspects of work and to receive all necessary measures to ensure the safety and health of third parties.
14. What are the obligations of employees?
Every employee has the obligation to apply the rules of health and safety and to take care according to his abilities, for his safety and health as well as for the safety and health of other people affected by his actions or omissions at work in accordance with his education and the appropriate instructions of his employer. In order to achieve these goals, employees must, in particular, in accordance with their training and the appropriate instructions of their employer:
a) To use correctly the machines, devices, tools, dangerous substances, transport and other means.
b) To use properly the personal protective equipment that is made available to them and after use to arrange it in place.
c) Not to shut down, change or arbitrarily change the safety mechanisms of machines, tools, devices, installations and buildings and to use these safety mechanisms correctly.
d) Report immediately to the employer and / or to those exercising the responsibilities of a safety technician and occupational physician, all situations that may reasonably be considered to present an immediate and serious risk to safety and health, as well as any deficiencies found in protection systems .
e) To assist the employer and those exercising the responsibilities of a safety technician and occupational physician, for as long as necessary, in order to be able to fulfill all the duties or requirements imposed by the competent labor inspectorate for the protection of the safety and health of workers during the job.
f) To accompany the employer and those exercising the responsibilities of a safety technician and occupational physician, as long as necessary, so that the employer can guarantee that the environment and working conditions are safe and without risks to safety and health within their field of activity .
Employees are required to attend relevant seminars or other training programs on occupational health and safety.
for the specific hours each year, and the certificate of the training seminars he attended.
If a security technician is appointed as an employee of the company, the presentation of the contract is not necessary except for the agreement of additional remuneration if any.
The company must also submit to the competent Labor Inspectorate before the assignment of duties of safety technician and occupational physician, the following information:
a. Situation with the material and technical infrastructure and the personnel available to cover its obligations, as it results from the current legislation
b. Situation with the logistical infrastructure and the services that it will receive additionally from External Protection and Prevention Services in case the available according to sub-paragraph a are not sufficient.
C. OTHER GENERAL INFORMATION
15. What is European Workers' Safety - Health Week?
Each year, the European Union and the European Agency for Safety and Health at Work select an important topic related to this subject and give it a lot of publicity in order to promote these issues and inform stakeholders. For this purpose, on a specific week of October each year, relevant events (workshops, awards, etc.) are held in each Member State in one or more parts of the territory.
16. What is the purpose and purpose of protection and prevention services for the safety and health of workers?
The provision of the above services, although mandatory by the Community directive, will significantly contribute to the reduction of accidents at work and occupational diseases that, in addition to the human aspects for employees and their families, cause great financial burdens for companies, insurance funds and the national economy in general. It will also help improve the working conditions and lives of employees, while also increasing their efficiency and therefore the productivity of the companies in which they work.
17. How is legislation on the safety and health of workers drafted?
The legislation that is a consequence of our country's obligation to comply with Community Directives are drafted and approved after a Social Dialogue with the bodies of the competent bodies and a discussion in the Council of Occupational Health and Safety (S.Y.A.E.). This body includes representatives of the state (Ministry of Labor & Social Security, Development, Health & Welfare, Presidency of the Government, Finance), employers (3 representatives of employers' organizations from Industry, Crafts and Trade), employees (3 of the most representative tertiary trade union organization, 2 representatives of ADEDY), 2 scientific advisors, representatives of the Technical Chamber of Greece (TEE), the Hellenic Chemical Association (EEX), Panhellenic Medical Association (P .ΙΣ), representative of PODKY, and Κ.Ε.Δ.Κ.Ε and is chaired by the General Secretary of the Ministry of Labor & Social Insurance. The final text is S.Y.A.E. forward as a suggestion to the Minister of Labor as well as to the other co-competent Ministers for approval and signature. If the text is a Presidential Decree, it is submitted to the Council of State for an opinion on its constitutionality and then forwarded to the President of the Republic for signature. If it is a law, it is introduced in Parliament for voting. If it is a Ministerial Decision or a circular, it is signed only by the Minister of Labor & Social Insurance or if it is a Joint Ministerial Decision by the co-competent Ministers.
Source: Min. Working.
