Before the European Commission propose a new European OSH legislative instrument, the issue must be discussed through the social dialogue process founded in Article 138 of the EC Treaty.

It requires the European social partners to be consulted on a range of issues concerning employment and social affairs. Article 138 provides for a compulsory two-stage consultation procedure:

• Stage One: the European Commission consults the social partners on the possible direction of an initiative.
• Stage Two: focuses on the content of any initiative.

Main provisions

This process seeks to achieve joint actions on a particular issue by the social partners through discussions and consultations if possible, without resorting to legislation. The social partners may agree that the issue should be the subject of EU legislation and, if the social partners cannot agree on a way forward, and the European Commission may prepare its own.

At each stage, the social partners have six weeks to comment on the consultation. If they decide to take action, by way of a social partner agreement, then this must be developed within nine months of agreement.

The usual consultees involved in social dialogue are:

• EUTC - the European Trade Union Congress
• Business Europe - the Confederation of European Business
• CEEP - representing public sector employees
• UEAPME - European Association of Craft, Small and Medium Sized Enterprises
• Eurocrades- Council of professional and managerial staff in Europe
• CEC - European Confederation of Executives and Managerial Staff

Member State governments have no formal role in the social dialogue process. However, if you have an interest in a particular occupational safety and health issue undergoing the social partner consultation process, then you can get in touch with:

• CBI – Confederation of British Industry, representing employers.
• TUC – Trades Union Congress, representing employees.
• CEEP(UK) – representing public service employers.