Occupational Health and Safety: a European and Comparative Legal Perspective. WP CSDLE “Massimo D’Antona”.INT – 120/2015

Ales, Edoardo (2015) Occupational Health and Safety: a European and Comparative Legal Perspective. WP CSDLE “Massimo D’Antona”.INT – 120/2015. [Working Paper]

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Abstract

Introduction ‘There is nothing in the wording of Article 118a [TEC] to indicate that the concepts of “working environment”, “safety” and “health” as used in that provision should, in the absence of other indications, be interpreted restrictively, and not as embracing all factors, physical or otherwise, capable of affecting the health and safety of the worker in his working environment, including in particular certain aspects of the organization of working time. On the contrary, the words “especially in the working environment” militate in favour of a broad interpretation of the powers which Article 118a confers upon the Council for the protection of the health and safety of workers. Moreover, such an interpretation of the words “safety” and “health” derives support in particular from the preamble to the Constitution of the World Health Organization to which all the Member States belong. Health is there defined as a state of complete physical, mental and social well-being that does not consist only in the absence of illness or infirmity.’.

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