HEALTH AND SAFETY AT WORK : AUSTRIAN LEGISLATION IMPERFECT FOR TEACHERS.

Austria was roundly condemned by the European Court of Justice on 6 April for failing to adequately transpose several aspects of a 1989 EU Directive on the health and safety of workers. The case (C-428/04) dates back to 1998 when the Commission sent a first letter of formal notice. Austria is condemned both for failing to notify the law transposing the Directive with regard to teaching staff in the Lander by the deadline set, and for incorrectly interpreting certain provisions.

PREVENTION SERVICES

The Court considers that allowing 'employers to entrust activities related to protection and prevention to either competent internal or external services ( ) is not consistent with the hierarchy of obligations imposed on employers'. Consistent with previous rulings concerning Italy and the Netherlands (respectively on 15 November 2001, C 49/00, and 22 May 2003, C-441/01), the Directive (Article 7) imposes an obligation in principle on employers to designate one or more workers to carry out activities related to protection against and prevention of occupational risks. 'Competent external services or persons should only be enlisted where the employer does not have competent personnel to perform such activities within the undertaking and/or establishment.'

FIRST AID

Failure to respect the principle that 'the employer must, in all cases, designate workers responsible for first aid, fire-fighting and evacuation irrespective of the size of the undertaking and the nature of its activities' is illegal. The Court acknowledges that 'the nature of the activities and the size of the undertaking and/or establishment can be taken into account' in establishing obligations under the Directive. However, it is not possible to avoid designating workers in certain undertakings because of their small size.

WORKER CONSULTATION

Making no systematic provision for 'consultation and participation of workers so far as concerns...

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