The Legal Context for Workplace Safety and Health Promotion: Thinking of Women

Abstract

The main focus of this chapter is to describe the current legislative and policy context of Occupational Safety & Health (OSH) and Workplace Health Promotion (WHP) for women workers across the European Union (EU). Since the foundation of the European Community, numerous directives and amendments concerning OSH have been issued. The directives are mandatory and in their majority have been fully incorporated into the national legislations of member states, with the exception of cases where national legislation is even more stringent. Furthermore, there are a number of nonmandatory resolutions or communication documents addressed to member states, that are aimed at harmonizing the European regulatory environment on OSH issues. Most directives pertaining to specific workplace conditions and hazards do not refer specifically to male or female workers, because the relevant risk factors can affect both sexes and therefore there is no legitimate reason to consider either of them as more vulnerable. The only exception is Council Directive 92/85/EEC, which refers to the protection of pregnant and breast-feeding working women. It is therefore important to investigate whether the EU legal context concerning OSH sufficiently covers the needs of female workers. In the next section, the most important EU directives are discussed in that respect, and the specificities of female workers regarding OSH are highlighted.