The institution conducts a thorough analysis of the national legal framework, including safety and health regulations, in order to identify its role in prevention and develop prevention activities in line with current legislation. If no legal mandate to carry out prevention services exists, the institution initiates a process to provide an adequate legal prevention framework. The same is valid for the recognition of occupational diseases.
Guideline code
PREV_00300
Mechanism
Mechanism
- The management should carry out a feasibility study of its possible role, necessary actions and the potential impact of its prevention programmes.
- The board and/or management should analyse national legislation to determine whether it provides a legal basis for the conduct of occupational accident and diseases prevention programmes and activities by the institution.
- If this is not the case, the management should initiate a legislative review with the objective of expanding the legislation. If legislative norms regarding the role of the institution in prevention cannot be obtained, the institution as an insurance provider should use its authority to define its own role in agreement with the social partners.
- The management should identify national players active in the field of prevention of occupational accidents and diseases in order to avoid duplication of tasks and to liaise with potential partners for joint action.
- The board and/or management should analyse national legislation to determine the framework for recognition of occupational diseases.
- Where legislation does not support the insurance of occupational diseases, the management should initiate a legislative review with the objective of expanding the legislation. This will empower the institution to recognize occupational diseases, provide guidance on medical treatment and rehabilitation for the individual concerned and provide for compensation mechanisms.
- The management should identify and cooperate with national players active in the field of occupational diseases, such as physicians and national health authorities, in order to avoid duplication of tasks, e.g. in the notification or recognition process as well as medical treatment or vocational rehabilitation.
- The board and/or management should ensure that there are distinct and transparent criteria for the definition of occupational diseases to distinguish occupational diseases from diseases of other origin. A list of occupational diseases, including an open system to allow for the recognition of new and not yet listed occupational diseases, may simplify the recognition process.
Structure
Structure
- The board should initiate a process to clarify the role and obligations of the institution within the national legal framework; it should either develop proposals to extend the legal framework and submit them at the political level, or introduce prevention services under its own authority.
- The board should initiate a process to define or optimize the future role of the institution in the fields of occupational accident and disease prevention and the dealing with occupational diseases with stakeholders, social partners and the government.
Title HTML
Guideline 1. National legal framework
Type
Guideline_1
Weight
7