Woolfson Charles
University of Latvia.
New Solut. 2006;16(2):155-73. doi: 10.2190/2L6C-BJ4D-CA50-QERQ.
The recent joining of ten new member states to the European Union, eight of which are former communist countries, has reopened inherent tensions in current European Union (EU) policy-making on safety and health in the workplace. These spring from seemingly incompatible objectives; the need to ensure broad EU member state compliance with regulation, around agreed minimum standards through active regulatory enforcement, and the promotion of "softer" voluntary initiatives in the management of workplace risks and hazards in order to create "a culture of prevention." The present EU strategy which ends in 2006, seeks to secure a balance between both sets of objectives. However, with respect to the post-communist new member states of Central and Eastern Europe, the appropriateness of the current strategy is doubtful. This article therefore focuses on the implications of the expansion of the European Union in May 2004 in the context of the elaboration of the new "soft law" modes of regulatory governance at the EU level. In turn, this provokes the question: will the "new" European policy for occupational health and safety from 2007 onwards, be "new," or simply more of the same? If the latter, it is suggested that the future for working environment standards in Europe as a whole may be significantly compromised.
近期,十个新成员国加入欧盟,其中八个是前共产主义国家,这重新引发了欧盟当前在工作场所安全与健康政策制定方面的内在紧张关系。这些紧张关系源于看似相互矛盾的目标:一方面需要通过积极的监管执法确保欧盟成员国广泛遵守围绕商定最低标准制定的法规,另一方面要推广“更温和”的自愿性举措来管理工作场所的风险和危害,以营造“预防文化”。现行的欧盟战略将于2006年结束,旨在在这两组目标之间取得平衡。然而,对于中东欧后共产主义新成员国而言,当前战略的适用性令人怀疑。因此,本文聚焦于2004年5月欧盟扩大在欧盟层面制定新的“软法”监管治理模式背景下的影响。这进而引发了一个问题:2007年起的“新”欧洲职业健康与安全政策会是“新的”,还是只是一如既往?如果是后者,那么整个欧洲工作环境标准的未来可能会受到严重影响。