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;
- prevention of occupational accidents and diseases;
- the right of association, and collective bargaining between employers and workers.
Article 118a expands upon these provisions by emphasizing the improvement and harmonization of working conditions in Member States. It was enacted in order to provide greater health and safety protection to workers in the workplace. Paragraph 2 gives the Council of Ministers the mandate to adopt, through directives "minimum requirements for gradual implementation having regard...