Bosses at pains to avoid backache law

Author (Person)
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Series Details Vol.10, No.40, 18.11.04
Publication Date 18/11/2004
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By Peter Chapman

Date: 18/11/04

FORGET about the Lisbon Agenda for a moment.

If reforming labour markets and pensions 'time-bombs' is proving a tall order for finance ministers across the Union, there is another option that could help them make the EU more competitive.

They could instead try to cure the chronic back pain and repetitive strain injuries to the upper limbs (RSI) that dog up to 50 million members of the European workforce and, according to the European Commission, rob the 25 member states of 0.5-2% of production each year.

Measuring days lost to RSI and backache - collectively known as musculoskeletal disorders, or MSDs, - is a formidable challenge.

That is because the underlying conditions are difficult to diagnose. Some workers with painful symptoms may escape scrutiny, hoping that a pain-killer or a day in bed will do the trick.

Others who abuse the system may inflate the figures.

But even if you chose the 0.5% figure, that stacks up to significant losses that hurt Europe's sputtering economy almost as much as they hurt the victims.

Given the huge scale of the problem, the Commission has recently launched a consultation with the 'social partners' - businesses and unions - to ask what, if anything, can be done at EU level.

But European employers have already declared that they will oppose any moves to launch pan-Union rules on the issue - one of the EU executive's options if the social partners cannot agree to work together to find other solutions to tackle the problem.

A directive could force companies to take measures to prevent their workers from developing injuries and to make sure that they have swift access to proper treatment if needed.

But Natascha Waltke, of bosses' union UNICE, told European Voice that companies would prefer to see the spread of more and better information about the risks of MSDs rather than strict new laws.

She said: "We don't see what new specific legislation would add in terms of benefits to workers."

She said that, in the meantime, an existing framework law that covers general health and safety issues at work was adequate.

This law, dating back to 1989, forces companies to conduct a risk assessment of their operations to target specific health concerns that could arise and to take preventive action.

Moreover, she said it was too hard to specify MSD-type conditions in a law - in the same way that stress in the workplace, and its myriad causes, are hard to pin down legally.

"There are innumerable work situations and industrial factors that could play a role in MSDs developing or not developing," she added.

Hugh Robertson, head of occupational health issues at the UK's Trade Unions Congress (TUC), said it was "a bit rich" for companies to reject new legislation. The TUC is a member of the European Trade Union Confederation, one of the social partners granted six weeks to comment on the issue.

"Our general position is quite clear: we would like legislation. If the framework directive was effective we would not have the large epidemic of MSD that we now have," he said.

"It is not rocket science. If the employers are saying we don't need new regulations [because the old law is adequate] then how come they are ignoring what we have now?"

Robertson said that EU action to make sure that governments apply the existing rules would help improve matters in the meantime.

Too often, he said, companies ignore the rules, knowing that governments are unlikely to make them comply.

Better advice on the best way to treat conditions would also help, he said.

"Too often, people with backache are told that they should go to bed. But that is the worst thing they can do."

The Commission highlights the problems for business that arise from these disorders: production losses, sick leave, medical, compensation and insurance costs, the loss of experienced staff and the cost of recruiting and training new staff, and the impact on the quality of work.

The main cause of these disorders is poor ergonomic conditions. The three main risk factors are lifting and moving heavy loads, repetitive movements and strenuous working postures.

The problem affects men and women alike, in all sectors across the EU.

Figures show that it is increasing: in 2000 more than one-third of European workers complained of backache - a 3% increase from the 1995 level.

Farm workers, who spend hours lugging crops, seeds or feeds, are the worst affected overall, with 57% suffering from MSDs.

But the highest increases are being recorded among professionals who are often slouched in front of spreadsheets and word processors.

The incidence is up from 18% to 24%, while the number of technicians suffering is up from 23% to 31%.

  • RSI affects up to 50 million workers in the EU;
  • this costs the member states 0.5 to 2% of production annually;
  • the Commission is in consultation with business and unions to confront the problem;
  • business says it wants to see the spread of better information rather than new legislation;
  • in 2000 more than one-third of European workers complained of backache;
  • the highest increase is among professionals, up from 18% to 24%

The European Commission on 12 November 2004 launched a consultation process on how to tackle the problem of musculoskeletal disorders (MSD) - chronic back pain and repetitive strain injuries to the upper limbs - while employers voiced their opposition to EU-wide regulations in this field.

Source Link http://www.european-voice.com/
Related Links
European Commission: Press release: IP/04/1358 http://europa.eu/rapid/pressReleasesAction.do?reference=IP/04/1358&format=HTML&aged=0&language=EN&guiLanguage=en
European Commission: DG Employment and Social Affairs: News, 12.11.04 http://ec.europa.eu/comm/employment_social/news/2004/nov/musculoskeletaldisorders_en.html

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