24.11.2010 EN Official Journal of the European Union L 308/46 COUNCIL DECISION of 21 October 2010 on guidelines for the employment policies of the Member States (2010/707/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 148(2) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Parliament (1), Having regard to the opinion of the European Economic and Social Committee (2), Having regard to the opinion of the Committee of the Regions (3), Having regard to the opinion of the Employment Committee (4), Whereas: (1) The Treaty on the Functioning of the European Union (TFEU) stipulates in Article 145 that Member States and the Union shall work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce as well as labour markets that are responsive to economic change and with a view to achieving the objectives defined in Article 3 of the Treaty on European Union (TEU). Member States, having regard to national practices related to the responsibilities of management and labour, shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the Council, in accordance with the provisions of Article 148 of the TFEU. (2) The TEU stipulates in Article 3(3) that the Union shall aim at full employment and shall combat social exclusion and discrimination, and shall promote social justice and protection and provides for the Union’s initiatives to ensure coordination of Member States’ social policies. Article 8 of the TFEU stipulates that in all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women. Article 9 thereof provides that in defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education and training. (3) The TFEU provides that employment guidelines and broad economic policy guidelines are to be adopted by the Council to guide Member States’ policies. (4) The Lisbon Strategy, launched in 2000, was based on an acknowledgement of the EU’s need to increase its employment, productivity and competitiveness, while enhancing social cohesion, in the face of global competition, technological change, environmental challenges and an ageing population. The Lisbon Strategy was relaunched in 2005, after a mid-term review which led to greater focus on growth and more and better jobs. (5) The Lisbon strategy for growth and jobs helped forge consensus around the broad direction of the EU’s economic and employment policies. Under the strategy, both broad economic policy guidelines and employment guidelines were adopted by the Council Decision 2005/600/EC (5) and revised in Council Decision 2008/618/EC (6). The 24 guidelines laid the foundations for the National Reform Programmes, outlining the key macroeconomic, microeconomic and labour market reform priorities for the Union as a whole. However, experience shows that the guidelines did not set clear enough priorities and that links between them could have been stronger. This limited their impact on national policymaking. (6) The financial and economic crisis that started in 2008 resulted in a significant loss in jobs and potential output and has led to a dramatic deterioration in public finances. The European Economic Recovery Plan has nevertheless helped Member States to deal with the crisis, partly through a coordinated fiscal stimulus, with the euro providing an anchor for macroeconomic stability. The crisis therefore showed that when the coordination of Union policies is strengthened and rendered effective, it can deliver significant results. The crisis also underscored the close interdependence of the Member States’ economic and employment performance. (7) The Commission proposed to set up a new strategy for the next decade, known as ‘the Europe 2020 Strategy’, to enable the Union to emerge stronger from the crisis, and to turn its economy towards smart, sustainable and inclusive growth, accompanied by high level employment, productivity and social cohesion. Five headline targets, listed under the relevant guidelines, constitute shared objectives which guide the action of the Member States, taking into account their relative starting positions and national circumstances, and which also guide the action of the Union. The Member States should, furthermore, make every effort to meet the national targets and to remove the bottlenecks that constrain growth. (8) As part of comprehensive ‘exit strategies’ for the economic crisis, Member States should carry out ambitious reforms to ensure macroeconomic stability, the promotion of more and better jobs and the sustainability of public finance, improve competitiveness and productivity, reduce macroeconomic imbalances and enhance labour market performance. The withdrawal of the fiscal stimulus should be implemented and coordinated within the framework of the Stability and Growth Pact. (9) Within the Europe 2020 strategy, Member States and the Union should implement reforms aimed at ‘smart growth’, i.e. growth driven by knowledge and innovation. Reforms should aim at improving the quality of education and ensuring access for all, as well as strengthening research, business performance and further improving the regulatory framework in order to promote innovation and knowledge transfer throughout the Union. Reforms should encourage entrepreneurship, the development of small and medium-sized enterprises (SMEs) and help to turn creative ideas into innovative products, services and processes that can create growth, quality and sustainable jobs, territorial, economic and social cohesion, and address more efficiently European and global societal challenges. Making the most of information and communication technologies is essential in this context. (10) The policies of the Union and of Member States, including their reform programmes, should aim at ‘sustainable growth’. Sustainable growth means building an energy and resource-efficient, sustainable and competitive economy, a fair distribution of the cost and benefits and exploiting Europe’s leadership in the race to develop new processes and technologies, including green technologies. Member States and the Union should implement the necessary reforms to reduce greenhouse gas emissions and use resources efficiently, which will also help to prevent environmental degradation and biodiversity loss. They should also improve the business environment, stimulate the creation of green jobs and help enterprises to modernise their industrial base. (11) The policies of the Union and Member States’ reform programmes should also aim at ‘inclusive growth’. Inclusive growth means building a cohesive society in which people are empowered to anticipate and manage change and consequently to actively participate in society and the economy. Member States’ reforms should therefore ensure access and opportunities for all throughout their lifecycle, thus reducing poverty and social exclusion through removing barriers to labour market participation, especially for women, older workers, young people, people with disabilities and legal migrants. They should also make sure that the benefits of economic growth reach all citizens and all regions and foster employment-enhancing growth, based on decent work. Ensuring the effective functioning of the labour markets through investing in successful transitions, education and training systems, appropriate skills development, raising job quality, and fighting segmentation, structural unemployment, youth unemployment, and inactivity while ensuring adequate, sustainable social protection and active inclusion to prevent and reduce poverty, with particular attention to combating in-work poverty and reducing poverty amongst the groups most at risk from social exclusion, including children and young people, while at the same time adhering to agreed fiscal consolidation, should therefore be at the heart of Member States’ reform programmes. (12) Increased labour market participation by women is a precondition for boosting growth and for tackling the demographic challenges. A visible gender equality perspective, integrated into all relevant policy areas, is therefore crucial for the implementation of all aspects of the guidelines in the Member States. Conditions should be created to support the supply of adequate, affordable, high-quality childcare services for pre-school age children. The principle of equal pay for male and female workers for equal work or work of equal value should be applied. (13) The Union’s and Member States’ structural reforms can effectively contribute to growth and jobs if they enhance the Union’s competitiveness in the global economy, open up new opportunities for Europe’s exporters and provide competitive access to vital imports. Reforms should therefore take into account their external competitiveness implications to foster European growth and participation in open and fair markets worldwide. (14) The Europe 2020 strategy has to be underpinned by an integrated set of European and national policies, which Member States and the Union should implement fully and in a timely manner, in order to achieve the positive spillover effects of coordinated structural reforms and a more consistent contribution from European policies to the strategy’s objectives. The guidelines are a framework for Member States in devising, implementing and monitoring national policies in the context of the overall EU strategy. The Europe 2020 headline targets listed under the relevant guidelines should guide the Member States in defining their own national targets and any sub-targets, taking account of their relative starting positions and national circumstances, and according to their national decision-making procedures. Where they do so, Member States may wish to draw on the indicators developed by the Employment Committee or the Social Protection Committee, as appropriate. The headline employment target draws attention to reducing unemployment of vulnerable groups, including young people. (15) Cohesion policy and its structural funds are amongst a number of important delivery mechanisms to achieve the priorities of smart, sustainable and inclusive growth in Member States and regions. In its conclusions of 17 June 2010, the European Council stressed the importance of promoting economic, social and territorial cohesion in order to contribute to the success of the new Europe 2020 strategy. (16) When designing and implementing their National Reform Programmes taking account of these guidelines, Member States should ensure effective governance of employment policy. While these guidelines are addressed to Member States, the Europe 2020 strategy should, as appropriate, be implemented, monitored and evaluated in partnership with all national, regional and local authorities, closely associating parliaments, as well as social partners and representatives of civil society, who shall contribute to the elaboration of National Reform Programmes, to their implementation and to the overall communication on the strategy. (17) The Europe 2020 strategy is underpinned by a smaller set of guidelines, replacing the previous set of 24 and addressing employment and broad economic policy issues in a coherent manner. The guidelines for the employment policies of the Member States, annexed to this Decision, are intrinsically linked with the guidelines for the economic policies of the Member States and of the Union, annexed to Council Recommendation of 13 July 2010 on broad guidelines for the economic policies of the Member States and of the Union (7). Together, they form the ‘Europe 2020 integrated guidelines’. (18) These new integrated guidelines are in line with the conclusions of the European Council. They give precise guidance to the Member States on defining their National Reform Programmes and implementing reforms, reflecting interdependence and in line with the Stability and Growth Pact. The employment guidelines should form the basis for any country-specific recommendations that the Council may address to the Member States pursuant to Article 148(4) of the TFEU, in parallel with the country-specific recommendations addressed to the Member States pursuant to Article 121(4) of that Treaty, in order to form a coherent package of recommendations. The employment guidelines should also form the basis for the establishment of the Joint Employment Report sent annually by the Council and the Commission to the European Council. (19) The Employment Committee and the Social Protection Committee should monitor progress in relation to the employment and social aspects of the employment guidelines, in line with their respective Treaty-based mandates. This should in particular build on the activities of the open method of coordination in the fields of employment and of social protection and social inclusion. In addition the Employment Committee should maintain close contact with other relevant Council preparatory instances, including in the field of education. (20) Even though they must be drawn up each year, these guidelines should remain stable until 2014 to ensure a focus on implementation, HAS ADOPTED THIS DECISION: Article 1 The guidelines for Member States’ employment policies, as set out in the Annex, are hereby adopted. Article 2 The guidelines shall be taken into account in the employment policies of the Member States, which shall be reported upon in National Reform Programmes. Article 3 This Decision is addressed to the Member States. Done at Luxembourg, 21 October 2010. For the Council The President J. MILQUET (1) Opinion of 8 September 2010 (not yet published in the Official Journal). (2) Opinion of 27 May 2010 (not yet published in the Official Journal). (3) Opinion of 10 June 2010 (not yet published in the Official Journal). (4) Opinion of 20 May 2010 (not yet published in the Official Journal). (5) OJ L 205, 6.8.2005, p. 21. (6) OJ L 198, 26.7.2008, p. 47. (7) OJ L 191, 23.7.2010, p. 28. ANNEX GUIDELINES FOR THE EMPLOYMENT POLICIES OF THE MEMBER STATES Guideline 7: Increasing labour market participation of women and men, reducing structural unemployment and promoting job quality Activation is key to increasing labour market participation. Member States should integrate the flexicurity principles endorsed by the European Council into their labour market policies and apply them, making appropriate use of European Social Fund and other EU funds support, with a view to increasing labour market participation and combating segmentation, inactivity and gender inequality, whilst reducing structural unemployment. Measures to enhance flexibility and security should be both balanced and mutually reinforcing. Member States should therefore introduce a combination of flexible and reliable contractual arrangements, active labour market policies, effective lifelong learning, policies to promote labour mobility, and adequate social security systems to secure labour market transitions accompanied by clear rights and responsibilities for the unemployed to actively seek work. Together with the social partners, adequate attention should also be paid to internal flexicurity at the work place. Member States should step up social dialogue and tackle labour market segmentation with measures addressing precarious employment, underemployment and undeclared work. Professional mobility should be rewarded. The quality of jobs and employment conditions should be addressed. Member States should combat in-work poverty and promote occupational health and safety. Adequate social security should also be ensured for those on fixed-term contracts and the self-employed. Employment services play an important role in activation and matching and they should therefore be strengthened with personalised services and active and preventive labour market measures at an early stage. Such services and measures should be open to all, including young people, those threatened by unemployment, and those furthest away from the labour market. Policies to make work pay remain important. In order to increase competitiveness and raise participation levels, particularly for the low-skilled, and in line with economic policy guideline 2, Member States should encourage the right framework conditions for wage bargaining and labour cost development consistent with price stability and productivity trends. Member States should review tax and benefit systems, and public services capacity to provide the support needed, in order to increase labour force participation and stimulate labour demand. They should promote active ageing, gender equality including equal pay, and the integration in the labour market of young people, people with disabilities, legal migrants and other vulnerable groups. Work-life balance policies with the provision of affordable care and innovation in the manner in which work is organised should be geared to raising employment rates, particularly among young people, older workers and women. Member States should also remove barriers to labour market entry for newcomers, promote self-employment, entrepreneurship and job creation in all areas including green employment and care and promote social innovation. The EU headline target, on the basis of which Member States will set their national targets, taking into account their relative starting positions and national circumstances, is to aim to raise the employment rate for women and men aged 20-64 to 75 % by 2020, including through the greater participation of young people, older workers and low-skilled workers and the better integration of legal migrants. Guideline 8: Developing a skilled workforce responding to labour market needs and promoting lifelong learning Member States should promote productivity and employability through an adequate supply of knowledge and skills to match current and future demand in the labour market. Quality initial education and attractive vocational training must be complemented with effective incentives for lifelong learning for those who are in and those who are not in employment, thus ensuring every adult the chance to retrain or to move one step up in their qualification and overcome gender stereotypes, as well as by opportunities for second-chance learning and by targeted migration and integration policies. Member States should develop systems for recognising acquired competencies, and should remove barriers to occupational and geographical mobility of workers, promote the acquisition of transversal competences to support creativity, innovation and entrepreneurship. In particular, efforts should focus on supporting those with low and obsolete skills, increasing the employability of older workers, enhancing training, skills and experience of highly skilled workers, including researchers and women in scientific, mathematical and technological fields. In cooperation with social partners and firms, Member States should improve access to training, strengthen education and career guidance. These improvements should be combined with the provision of systematic information on new job openings and opportunities, the promotion of entrepreneurship and enhanced anticipation of skill needs. Investment in human resource development, up-skilling and participation in lifelong learning schemes should be promoted through joint financial contributions from governments, individuals and employers. To support young people and in particular those not in employment, education or training, Member States, in cooperation with the social partners, should enact schemes to help those people find initial employment, job experience, or further education and training opportunities, including apprenticeships, and should intervene rapidly when young people become unemployed. Regular monitoring of the performance of up-skilling and anticipation policies should help identify areas for improvement and increase the responsiveness of education and training systems to current and emerging labour market needs, such as the low-carbon and resource-efficient economy. The ESF and other EU funds should be mobilised, where appropriate, by Member States to support these objectives. Policies stimulating labour demand could complement investments in human capital. Guideline 9: Improving the quality and performance of education and training systems at all levels and increasing participation in tertiary or equivalent education In order to ensure access to quality education and training for all and to improve educational outcomes, Member States should invest efficiently in education and training systems notably to raise the skill level of the EU’s workforce, allowing it to meet the rapidly changing needs of modern labour markets and society at large. In line with the lifelong learning principles, action should cover all sectors (from early childhood education and schools through to higher education, vocational education and training, as well as adult learning) taking into account also learning in informal and non-formal contexts. Reforms should aim to ensure the acquisition of the key competencies that every individual needs for success in a knowledge-based economy, notably in terms of employability in line with the priorities mentioned in guideline 4. International mobility for learners and teachers should be encouraged. Steps should also be taken to ensure that learning mobility for young people and teachers becomes the norm. Member States should improve the openness and relevance of education and training systems, particularly by implementing national qualification frameworks enabling flexible learning pathways, and by developing partnerships between the worlds of education/training and work. The teaching profession should be made more attractive and attention should be paid to the initial education and the continuous professional development of teachers. Higher education should become more open to non-traditional learners and participation in tertiary or equivalent education should be increased. With a view to reducing the number of young people not in employment, education, or training, Member States should take all necessary steps to prevent early school leaving. The EU headline target, on the basis of which Member States will set their national targets, taking into account their relative starting positions and national circumstances, will aim to reduce drop out rates to less than 10 %, and increase the share of 30-34 year-olds having completed tertiary or equivalent education to at least 40 % (1). Guideline 10: Promoting social inclusion and combating poverty The extension of employment opportunities is an essential aspect of Member States’ integrated strategies to prevent and reduce poverty and to promote full participation in society and economy. Appropriate use of the European Social Fund and other EU funds should be made to that end. Efforts should concentrate on ensuring equal opportunities, including through access for all to high quality, affordable, and sustainable services, in particular in the social field. Public services (including online services, in line with guideline 4) play an important role in this respect. Member States should put in place effective anti-discrimination measures. Empowering people and promoting labour market participation for those furthest away from the labour market while preventing in-work poverty will help fight social exclusion. This would require enhancing social protection systems, lifelong learning and comprehensive active inclusion policies to create opportunities at different stages of people’s lives and shield them from the risk of exclusion, with special attention to women. Social protection systems, including pensions and access to healthcare, should be modernised and fully deployed to ensure adequate income support and services — thus providing social cohesion — whilst remaining financially sustainable and encouraging participation in society and in the labour market. Benefit systems should focus on ensuring income security during transitions and reducing poverty, in particular among groups most at risk from social exclusion, such as one-parent families, minorities including the Roma, people with disabilities, children and young people, elderly women and men, legal migrants and the homeless. Member States should also actively promote the social economy and social innovation in support of the most vulnerable. All measures should also aim at promoting gender equality. The EU headline target, on the basis of which Member States will set their national targets, taking into account their relative starting conditions and national circumstances, will aim at promoting social inclusion, in particular through the reduction of poverty by aiming to lift at least 20 million people out of the risk of poverty and exclusion (2). (1) The European Council emphasises the competence of Member States to define and implement quantitative targets in the field of education. (2) The population is defined as the number of persons who are at risk of poverty and exclusion according to three indicators (at risk of poverty; material deprivation; jobless household), leaving Member States free to set their national targets on the basis of the most appropriate indicators, taking into account their national circumstances and priorities.

Summary: Guidelines for employment policies Guidelines for employment policies Council guidelines provide direction for the coordination of European Union (EU) Member States' employment policies. Based on the Europe 2020 strategic objectives, these guidelines aim to support reforms for sustainable growth driven by knowledge and innovation. ACT Council Decision 2010/707/EU of 21 October 2010 on guidelines for the employment policies of the Member States. SUMMARY The EU Member States take the guidelines for employment policies into account when drafting their policies and setting national targets. The latest guidelines are valid until the end of 2014. The guidelines are associated with the broad guidelines for economic policies, together forming integrated guidelines for the Europe 2020 strategy. They also underpin the EU's annual Joint Employment Report. Increasing labour market participation The EU aims to increase the employment rate for women and men aged 20-64 to 75% by 2020. In their policies, Member States must therefore promote the labour market participation of young people, older workers, low-skilled workers and legal migrants. They must also make employment more attractive - focusing on flexicurity, worker mobility and work-life balance - and promote self-employment, entrepreneurship, plus job creation, including in the areas of care and green jobs. Developing a skilled workforce Workers' productivity and employability can be increased by developing new skills that correspond to labour market needs. Member States must extend the capacity of education and training systems and adapt them to societal trends in line with a low-carbon and resource-efficient economy. Measures must focus on high-quality initial education, lifelong training, and training must be open to low-skilled or highly skilled workers. Member States should also encourage labour mobility, with systems for recognising people's acquired competences. Improving education and training systems By 2020, early school leaving is to be reduced to less than 10% and at least 40% of 30-34 year-olds are to have completed tertiary or equivalent education. Member States must promote lifelong learning, international mobility of teachers and learners, development of qualification frameworks for flexible learning pathways, and partnerships with enterprises. Combating social exclusion The Europe 2020 strategy promotes social inclusion and combats poverty, so that 20 million people no longer face the risk of poverty and exclusion. Member States should boost the employment of those furthest away from the labour market, so as to empower people and combat in-work poverty. National policies must guarantee access to affordable, sustainable and high-quality services, including in the social sector. They should also modernise and support social protection and pension systems. Lastly, Member States should support the social economy and social innovation, fostering equal opportunities and combating discrimination. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2010/707/EU 21.10.2010 - OJ L 308 of 24.11.2010 Amending act Entry into force Deadline for transposition in the Member States Official Journal Decision 2013/208/EU 22.4.2013 - OJ L 118 of 22.4.2013 Decision 2014/322/EU 14.5.2014 - OJ L 165 of 4.6.2014 Last updated: 28.07.2014


1.6.2010 EN Official Journal of the European Union L 134/66 COUNCIL DIRECTIVE 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU (Text with EEA relevance) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 155(2) thereof, Having regard to the proposal from the European Commission, Whereas: (1) The social partners may, in accordance with Article 155(2) of the Treaty on the Functioning of the European Union (the TFEU), jointly request that agreements concluded by them at the level of the Union in matters covered by Article 153 of the TFEU be implemented by a Council decision on a proposal from the Commission. (2) By letter of 17 November 2008, the European social partner organisations HOSPEEM (the European Hospital and Healthcare Employers’ Association, a sectoral organisation representing employers) and EPSU (the European Federation of Public Services Unions, a European trade union organisation) informed the Commission of their wish to enter into negotiations in accordance with Article 138(4) and Article 139 of the Treaty establishing the European Community (the EC Treaty) (1) with a view to concluding a Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector. (3) On 17 July 2009 the European social partners signed the text of a Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector. (4) Since the objectives of the Directive, namely to achieve the safest possible working environment by preventing injuries to workers caused by all medical sharps (including needle-sticks) and protecting workers at risk in the hospital and healthcare sector, cannot be sufficiently achieved by the Member States and can therefore be better achieved at the level of the Union, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. (5) When drafting its proposal for a Directive, the Commission took account of the representativeness of the signatory parties, having regard to the scope of the Agreement, for the hospital and healthcare sector, their mandate and the legality of the clauses in the Framework Agreement and its compliance with the relevant provisions concerning small and medium-sized undertakings. (6) The Commission informed the European Parliament and the European Economic and Social Committee of its proposal. (7) The European Parliament adopted on 11 February 2010 a resolution on the proposal. (8) The purpose of the Framework Agreement as set out in Clause 1 thereof is to further the achievement of one of the objectives of social policy, namely the improvement of working conditions. (9) Clause 11 allows the Member States and the Community (since 1 December 2009 replaced by the Union) to maintain and introduce provisions which are more favourable to workers’ protection from injuries caused by medical sharps. (10) The Member States should provide for effective, proportionate and dissuasive penalties in the event of any breach of the obligations under this Directive. (11) The Member States may entrust the social partners, at their joint request, with the implementation of this Directive, as long as they take all the steps necessary to ensure that they can at all times guarantee the results imposed by this Directive. (12) In accordance with point 34 of the Interinstitutional agreement on better law-making (2), Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables which will, as far as possible, illustrate the correlation between this Directive and the transposition measures, and to make them public, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive implements the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector signed by the European social partners HOSPEEM and EPSU on 17 July 2009, as set out in the Annex. Article 2 Member States shall determine what penalties are applicable when national provisions enacted pursuant to this Directive are infringed. The penalties shall be effective, proportionate and dissuasive. Article 3 1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive or shall ensure that the social partners have introduced the necessary measures by agreement by 11 May 2013 at the latest. They shall forthwith inform the Commission thereof. When the Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The Member States shall determine how such reference is to be made. 2. The Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 4 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 5 This Directive is addressed to the Member States. Done at Brussels, 10 May 2010. For the Council The President Á. GONZÁLEZ-SINDE REIG (1) Renumbered: Articles 154(4) and 155 of the TFEU. (2) OJ C 321, 31.12.2003, p. 1. ANNEX FRAMEWORK AGREEMENT ON PREVENTION FROM SHARP INJURIES IN THE HOSPITAL AND HEALTHCARE SECTOR Preamble 1. Health and safety at work is an issue, which should be important to everyone in the hospital and healthcare sector. Taking action to prevent and protect against unnecessary injuries if properly carried out, will have a positive effect on resources; 2. Health and safety of workers is paramount and is closely linked to the health of patients. This underpins the quality of care; 3. The process of policy making and implementation in relation to medical sharps should be the result of social dialogue; 4. HOSPEEM (European Hospital and Healthcare Employers’ Association) and EPSU (European Public Services Union), the recognised European Social partners in the hospital and healthcare sector, have agreed the following: General considerations 1. Having regard to the Treaty establishing the European Community and in particular Articles 138 and 139 (2) thereof (1); 2. Having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (2); 3. Having regard to Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (3); 4. Having regard to Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (4); 5. Having regard to the Community strategy 2007-2012 on health and safety at work (5); 6. Having regard to the Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (6); 7. Having regard to the resolution of the European Parliament of 6 July 2006 on protecting European healthcare workers from blood-borne infections due to needle-stick injuries (2006/2015(INI)); 8. Having regard to the first and second stage consultation of the European Commission on protecting European healthcare workers from blood-borne infections due to needle-stick injuries; 9. Having regard to the outcomes of the EPSU-HOSPEEM technical seminar on needle-stick injuries of 7 February 2008; 10. Having regard to the hierarchy of general principles of prevention laid down in Article 6 of Directive 89/391/EEC as well as to the preventative measures defined in Articles 3, 5 and 6 of Directive 2000/54/EC; 11. Having regard to the joint ILO/WHO guidelines on health services and HIV/AIDS and to the joint ILO/WHO guidelines on post-exposure prophylaxis to prevent HIV infection; 12. With full respect to existing national legislation and collective agreements; 13. Whereas action needs to be taken to assess the extent of the incidence of sharp injuries in the hospital and healthcare sector, scientific evidence shows that preventive and protection measures can significantly reduce the occurrence of accidents and infections; 14. Whereas a full risk-assessment process is a precondition to take appropriate action to prevent injuries and infections; 15. Whereas the employers, and workers’ health and safety representatives need to cooperate to prevent and protect workers against injuries and infections from medical sharps; 16. Whereas healthcare workers are primarily but not exclusively concerned by sharp injuries; 17. Whereas students undertaking clinical training, as part of their education, are not considered as workers under this agreement, they should be covered by the prevention and protection measures outlined in this agreement, with liabilities being regulated according to national legislation and practice; Clause 1: Purpose The purpose of this framework agreement is: — to achieve the safest possible working environment, — to prevent workers’ injuries caused by all medical sharps (including needle-sticks), — to protect workers at risk, — to set up an integrated approach establishing policies in risk assessment, risk prevention, training, information, awareness raising and monitoring, — to put in place response and follow-up procedures. Clause 2: Scope This agreement applies to all workers in the hospital and healthcare sector, and all who are under the managerial authority and supervision of the employers. Employers should deploy efforts to ensure that subcontractors follow the provisions laid down in this agreement. Clause 3: Definitions Within the meaning of this agreement: 1. Workers: any persons employed by an employer including trainees and apprentices in the hospital and healthcare sector-directly related services and activities. Workers who are employed by temporary employment business within the meaning of Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with fixed-duration employment relationship or a temporary employment relationship (7) fall within the scope of the agreement; 2. Workplaces covered: healthcare organisations/services in public and private sectors, and every other place where health services/activities are undertaken and delivered, under the managerial authority and supervision of the employer; 3. Employers: natural/legal persons/organisations having an employment relationship with workers. They are responsible for managing, organising and providing healthcare and directly related services/activities delivered by workers; 4. Sharps: objects or instruments necessary for the exercise of specific healthcare activities, which are able to cut, prick, cause injury and/or infection. Sharps are considered as work equipment within the meaning of Directive 89/655/EEC on work equipment; 5. Hierarchy of measures: is defined in order of effectiveness to avoid, eliminate and reduce risks as defined in Article 6 of Directive 89/391/EEC and Articles 3, 5 and 6 of Directive 2000/54/EC; 6. Specific preventative measures: measures taken to prevent injury and/or transmission of infection in the provision of hospital and healthcare directly related services and activities, including the use of the safest equipment needed, based on the risk assessment and safe methods of handling the disposal of medical sharps; 7. Workers’ representatives: any person elected, chosen or designated in accordance with national law and/or practice to represent workers; 8. Worker’s health and safety representatives are defined in accordance with Article 3(c) of Directive 89/391/EEC as any person elected, chosen or designated in accordance with national law and/or practices to represent workers where problems arise relating to the safety and health protection of workers at work; 9. Subcontractor: any person who takes action in hospital and healthcare directly related services and activities within the framework of working contractual relations established with the employer. Clause 4: Principles 1. A well trained, adequately resourced and secure health service workforce is essential to prevent the risk of injuries and infections from medical sharps. Exposure prevention is the key strategy for eliminating and minimising the risk of occupationally acquired injuries or infections; 2. The role of health and safety representatives is key in risk prevention and protection; 3. The employer has a duty to ensure the safety and health of workers in every aspect related to the work, including psycho-social factors and work organisation; 4. It shall be the responsibility of each worker to take care — as far as possible — of their own safety and health and that of other persons affected by their actions at work, in accordance with their training and the instructions given by their employer; 5. The employer shall develop an environment where workers and their representatives are participating in the development of health and safety policies and practices; 6. The principle of the following specific preventative measures indicated in clauses 5 to 10 of the present agreement means never assuming that there is no risk. The hierarchy of general principles of prevention according to Article 6 of Directive 89/391/EEC and Articles 3, 5 and 6 of Directive 2000/54/EC is applicable; 7. Employers and workers’ representatives shall work together at the appropriate level to eliminate and prevent risks, protect workers’ health and safety, and create a safe working environment, including consultation on the choice and use of safe equipment, identifying how best to carry out training, information and awareness-raising processes; 8. Action needs to be taken through a process of information and consultation, in accordance with national laws and/or collective agreements; 9. The effectiveness of awareness-raising measures entails shared obligations of the employers, the workers and their representatives; 10. In achieving the safest possible workplace a combination of planning, awareness-raising, information, training, prevention and monitoring measures is essential; 11. Promote a ‘no blame’ culture. Incident reporting procedure should focus on systemic factors rather than individual mistakes. Systematic reporting must be considered as accepted procedure. Clause 5: Risk assessment 1. Risk-assessment procedures shall be conducted in compliance with Articles 3 and 6 of Directive 2000/54/EC, and Articles 6 and 9 of Directive 89/391/EEC; 2. Risk assessment shall include an exposure determination, understanding the importance of a well resourced and organised working environment and shall cover all situations where there is injury, blood or other potentially infectious material; 3. Risk assessments shall take into account technology, organisation of work, working conditions, level of qualifications, work related psycho-social factors and the influence of factors related to the working environment. This will: — identify how exposure could be eliminated, — consider possible alternative systems. Clause 6: Elimination, prevention and protection 1. Where the results of the risk assessment reveal a risk of injuries with a sharp and/or infection, workers’ exposure must be eliminated by taking the following measures, without prejudice to their order: — specifying and implementing safe procedures for using and disposing of sharp medical instruments and contaminated waste. These procedures shall be regularly reassessed and shall form an integral part of the measures for the information and training of workers referred in clause 8, — eliminating the unnecessary use of sharps by implementing changes in practice and on the basis of the results of the risk assessment, providing medical devices incorporating safety-engineered protection mechanisms, — the practice of recapping shall be banned with immediate effect; 2. Having regard to the activity and the risk assessment, the risk of exposure must be reduced to as low a level as necessary in order to protect adequately the safety and health of the workers concerned. The following measures are to be applied in the light of the results of the risk assessment: — place effective disposal procedures and clearly marked and technically safe containers for the handling of disposable sharps and injection equipment as close as possible to the assessed areas where sharps are being used or to be found, — prevent the risk of infections by implementing safe systems of work, by: (a) developing a coherent overall prevention policy, which covers technology, organisation of work, working conditions, work related psycho-social factors and the influence of factors related to the working environment; (b) training; (c) conducting health surveillance procedures, in compliance with Article 14 of Directive 2000/54/EC; — use of personal protective equipment; 3. If the assessment referred to in clause 5 reveals that there is a risk to the safety and health of workers due to their exposure to biological agents for which effective vaccines exist, workers shall be offered vaccination; 4. Vaccination and, if necessary, revaccination shall be carried out in accordance with national law and/or practice, including the determination of the type of vaccines: — workers shall be informed of the benefits and drawbacks of both vaccination and non-vaccination, — vaccination must be offered free of charge to all workers and students delivering healthcare and related activities at the workplace. Clause 7: Information and awareness-raising As sharps are considered as work equipment within the meaning of Directive 89/655/EEC (8), in addition to information and written instructions to be provided to workers specified in Article 6 of Directive 89/655/EEC, the employer shall take the following appropriate measures: — to highlight the different risks, — to give guidance on existing legislation, — to promote good practices regarding the prevention and recording of incidents/accidents, — to raise awareness by developing activities and promotional materials in partnership with representative trade unions and/or workers’ representatives, — to provide information on support programmes available. Clause 8: Training In addition to measures established by Article 9 of Directive 2000/54/EC, appropriate training shall be made available on policies and procedures associated with sharps injuries, including: — the correct use of medical devices incorporating sharps protection mechanisms, — induction for all new and temporary staff, — the risk associated with blood and body fluid exposures, — preventive measures including standard precautions, safe systems of work, the correct use and disposal procedures, the importance of immunisation, according to the procedures at the workplace, — the reporting, response and monitoring procedures and their importance, — measures to be taken in case of injuries. Employers must organise and provide training which is mandatory for workers. Employers must release workers who are required to attend training. This training shall be made available on a regular basis taking into account results of monitoring, modernisation and improvements. Clause 9: Reporting 1. This includes the revision of the reporting procedures in place with health and safety representatives and/or appropriate employers/workers representatives. Reporting mechanisms should include local, national and European-wide systems; 2. Workers shall immediately report any accident or incident involving sharps to the employers and/or the person in charge, and/or to the person responsible for safety and health at work. Clause 10: Response and follow-up Policies and procedures shall be in place where a sharp injury occurs. All workers must be made aware of these policies and procedures. These should be in accordance with European, national/regional legislation and collective agreements, as appropriate. In particular the following action shall be taken: — the employer takes the immediate steps for the care of the injured worker, including the provision of post-exposure prophylaxis and the necessary medical tests where indicated for medical reasons, and appropriate health surveillance in accordance with clause 6(2)(c), — the employer investigates the causes and circumstances and records the accident/incident, taking — where appropriate — the necessary action. The worker must provide the relevant information at the appropriate time to complete the details of the accident or incident, — the employer shall, in cases of injury, consider the following steps including counselling of workers where appropriate and guaranteed medical treatment. Rehabilitation, continued employment and access to compensation shall be in accordance with national and/or sectoral agreements or legislation. Confidentiality of injury, diagnosis and treatment is paramount and must be respected. Clause 11: Implementation This agreement will be without prejudice to existing, future national and Community (9) provisions which are more favourable to workers’ protection from medical sharps’ injuries. The signatory parties request the Commission to submit this framework agreement to the Council for a decision in order to make this agreement binding in the Member States of the European Union. If implemented through Council decision, at European level and without prejudice to the respective role of the Commission, national courts and the European Court of Justice, the interpretation of this agreement, could be referred by the Commission to the signatory parties who will give their opinion. The signatory parties shall review the application of this agreement five years after the date of the Council decision if requested by one of the parties to the agreement. Brussels, 17 July 2009. For EPSU Karen JENNINGS For HOSPEEM Godfrey PERERA (1) Renumbered: Articles 154 and 155(2) of the TFEU. (2) OJ L 183, 29.6.1989. p. 1. (3) OJ L 393, 30.12.1990, p. 13. Subsequently the Directive has been codified into Directive 2009/104/EC (OJ L 260, 3.10.2009, p. 5). (4) OJ L 262, 17.10.2000, p. 21. (5) COM(2007) 62 final, 21.2.2007. (6) OJ L 80, 23.3.2002, p. 29. (7) OJ L 206, 29.7.1991, p. 19. (8) Subsequently the Directive has been codified into Directive 2009/104/EC. (9) ‘Community’ has been replaced since 1 December 2009 by ‘Union’.

Summary: Preventing injuries to healthcare workers: EU social partners' agreement Preventing injuries to healthcare workers: EU social partners' agreement SUMMARY OF: Directive 2010/32/EU — implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU WHAT IS THE AIM OF THE DIRECTIVE? It aims to protect healthcare workers against injuries caused by needles and other sharp instruments by implementing a framework agreement concluded by the European social partners: HOSPEEM (European Hospital and Healthcare Employers' Association) and EPSU (European Federation of Public Services Unions). KEY POINTS The agreement aims to: achieve the safest possible working environment; prevent workers’ injuries caused by all medical sharps (including needle-sticks); protect workers at risk; set up an integrated policy approach; put in place response and follow-up procedures. Scope The agreement applies to all workers in the hospital and healthcare sector, and all who are managed and supervised by their employers. Employers should also make efforts to ensure that sub-contractors also follow these rules. Workplaces covered by the agreement include public and private healthcare organisations/services, and any other place where health services/activities are carried out under an employer's supervision and management. Integrated approach The agreement sets out 11 principles which form the basis of an integrated policy approach. They cover: risk assessment — covering all situations where there is injury, blood or other potentially infectious material; risk elimination, prevention and protection which includes: risk elimination — establishing safe procedures for using and disposing of sharp medical instruments and contaminated waste;risk prevention — developing a coherent prevention policy covering technology, organisation of work, working conditions etc;risk protection — offering vaccinations and revaccinations free of charge. training — including on the correct use of medical devices incorporating sharps protection mechanisms, as well as inductions for new and temporary staff; information and awareness-raising — including highlighting risks and promoting good practices; monitoring and reporting procedures — revising existing procedures and requiring workers to immediately report an accident or incident; response and follow-up — including immediate care for an injured worker and a requirement for employers to investigate the causes and circumstances. FROM WHEN DOES THE DIRECTIVE APPLY? The directive has applied since 21 June 2010. It had to become law in the EU countries by 11 May 2013. BACKGROUND The EU has introduced a number of measures to better protect workers including those: to encourage improvements in the safety and health of workers at work; to establish minimum health and safety requirements when using work equipment; targeting the risks related to exposure to biological agents at work. MAIN DOCUMENT Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU (OJ L 134, 1.6.2010, pp. 66-72) RELATED DOCUMENTS Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title X — Social policy — Article 153 (ex Article 137 TEC) (OJ C 202, 7.6.2016, pp. 114-116) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title X — Social policy — Article 154 (ex Article 138 TEC) (OJ C 202, 7.6.2016, p. 116) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title X — Social policy — Article 155 (ex Article 139 TEC) (OJ C 202, 7.6.2016, p. 116) Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 260, 3.10.2009, pp. 5-19) Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 262, 17.10.2000, pp. 21-45) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, pp. 1-8) Successive amendments to Directive 89/391/EEC have been incorporated into the original document. This consolidated version is of documentary value only. last update 12.03.2019