OHS legal review
Occupational health and safety comparative legal review (Phase I: 2011-2012, Phase II: 2013)
Client: European Bank for Reconstruction and Development (EBRD)
The European Bank for Reconstruction and Development (EBRD) is firmly committed to finance projects which comply with all relevant national and European regulatory requirements, including in the field of workers’ health and safety. In order to keep this commitment, the Bank needs to assess national requirements against EU requirements and define gaps and problem areas in the national regulatory frameworks. This will help the Back to appropriately focus on areas where national laws may lack the strength and substance to manage OSH issues.
In 2011, the Bank therefore asked Milieu and COWI to undertake an assessment of the national regulatory framework for workers’ health and safety in four countries: Kazakhstan, Russia, Turkey and Ukraine. The aim of the project was to identify gaps in the national frameworks in comparison to EU requirements (and when applicable IFC requirements).
The work was divided into four tasks:
1. identification of relevant EU OSH requirements;
2. completion by national legal experts of tables of comparison between EU requirements and national requirements;
3. field visits to all four countries to interview key stakeholders who contribute and influence the development of OHS laws in their country (ministry officials, labour inspections, trade unions, NGOs, etc.)
4. drafting recommendations to EBRD staff in view of project appraisals.
As a result of this work, four Country Guidance documents were produced, which brought together the results of the four tasks for each country.
As a follow-up, the Bank asked Milieu to organise four workshops – one in each country – to present and discuss the findings of the study with key stakeholders who contribute and influence the development of OHS laws in their country, i.e. government officials, regulatory authorities, policymakers, trade unions, academics.
Milieu’s employees Alice Belin and Florent Pelsy were each responsible for the facilitation of two workshops: Florent went to Turkey and Kazakhstan and Alice to Ukraine and Russia. The workshop participants further discussed the problem areas identified in the study, the latest developments on OHS management framework in the country and opportunities for improvement of the national OHS legislation. All four workshops were considered a success by participants.
The workshops took place in March-April 2013. Photographs of the events may be found here...