Worker Safety v. Efficiency

Article 118a: Worker Safety v. Efficiency

This paper will discuss the issue of worker safety under Article 118a of the European Community Charter, dealing with workplace health and safety. The first part of the paper will describe this article and how its language differs from that of other articles. The second part of the paper will describe some of the specific legislative enactments passed by the Community under Article 118a. The third part of the paper will discuss the types of regulations in general and how Article 118a regulations fit into this general framework. The fourth part of the paper will discuss some of the problems and limitations of legislative harmonization. The fifth part of the paper will examine some of the arguments in favor of transnational labor standards, while the sixth part of the paper will look at the economic arguments against such labor standards and the issue of subsidiarity in EC law. The last part of the paper will place Article 118a in the context of the European Community economy in the 1990s.

Articles 118 and 118a of the EC Treaty are part of the general set of Community provisions dealing with social issues. Article 118 states that

the Commission shall have the task of promoting close co-operation between Member States in the social field, particularly in matters relating to:

- labour law and working conditions;

- basic and advanced vocational training;

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st groups; (3) the influence of the Community decision-making processes and institutions on the Member States; (4) responses to the degree of clarity or vagueness of the Community norm; (5) the sanctions and penalties used by the Member States in seeking compliance; (6) the administrative culture; (7) the politico-administrative style (legalistic approaches v. pragmatic approaches in applying rules); (8) geographical characteristics of the Member States; (9) types of enterprises affected by the norms; (10) the responses of workers and unions; (11) form and substance of Member State guidance as to the meaning of the Community norm; (12) enforcement strategies and patterns; (13) organizations used for implementation; (14) governmental and political responses to the norm and commitment to change; (15) the relationship of the Community norm to existing Member State law; (16) the administrative, legal, and financial resources allocated to implementation; (17) the technical capacity required for effective implementation; and (18) the approaches of Member State judicial organs. There is a difference between the notion that a particular area, such as health and safety, may be difficult to regulate evenly throughout the Community and th

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