Category: Consultations

HOSPEEM response to the second-phase consultation “Reviewing the Working Time Directive” under Article 154 of the TFUE

FULL TEXT: HOSPEEM response 2nd phase consultation working time directive

HOSPEEM welcomes the second stage consultation[1] published by the European Commission and the report on the implementation by Member States of Directive 2003/88/EC[2]. The two documents provide a deep and interesting analysis on the implementation of the Directive and on the response of each Member State in complying with the Directive. The Consultation paper has pointed out the main issues of relevance and HOSPEEM is pleased to read from the consultation that the concerns raised with the response to the first consultation in May 2010 have been addressed by the European Commission.

As highlighted in HOSPEEM’s response to the first phase consultation, the interpretation given by the European Court of Justice to cases SIMAP (C-303/98), Jaeger (C-151/02) and Dellas (C-14/04) has challenged the ability of health service employers to properly organise healthcare services in the EU 27, especially hospital services delivering 24/7 patient care, some highly specialised services and small and remote units.

HOSPEEM made clear in the previous response that more flexibility is needed in order to provide hospital managers with the necessary resources, in terms of staff, to organise health services efficiently. As underlined on several occasions[3], the current and the future shortages of health professionals is one of the main issues of concern for our sector and it needs to be addressed in order to ensure that European healthcare services will be able to deliver high quality healthcare to an increasingly ageing European population.

HOSPEEM as a European Social partner is committed to develop strategies to encourage young people to undertake jobs in the health sector, in particular by enhancing the attractiveness of the health care sector as a place to work. This work needs to be supported by a European legislation that allows flexible and modern working patterns.

HOSPEEM response to the second-stage of consultation on the protection of workers from the risk related to exposure to electromagnetic fields at work under Article 154 of the TFUE

Introductory comments

The European Commission, following the provisions of article 154 of the Treaty, has launched a second stage social partner consultation on the protection of workers from the risk related to exposure to electromagnetic fields at work. HOSPEEM responded to the first stage consultation underling its support for an approach to the issue based on risk assessment and emphasising the strong health and safety culture which characterises the healthcare sector, stressing that the safeguard of workers and patients is guaranteed through several practices already in place in the sector.

Moreover, HOSPEEM expressed deep concern with regard to the exposure limit values established in Directive 2004/40/EC that would have ruled out certain Magnetic Resonance Imaging (MRI) practices, leading to the unwelcome consequence of requiring the use of different medical imaging techniques, based on ionising radiation, which has serious potential long term effects on health.

HOSPEEM welcomes the European Commission’s second stage consultation document and in particular the proposed approach it sets out in relation to the use of MRI in the healthcare sector.

FULL TEXT: HOSPEEM EMF second stage response

HOSPEEM response to the first-phase consultation “Reviewing the Working Time Directive” under Article 154 of the TFUE

FULL TEXT: HOSPEEM response to WTD consultation

The European Commission, following the provisions of article 154 of the Treaty, has launched the Consultation “Reviewing the Working Time Directive”. The aim of this document is to seek the social partners’ views on possible action that could be undertaken at Community level regarding any revision of Directive 2003/88/EC[1] “Working time Directive”.

HOSPEEM contributed to the earlier consultation focusing on the organisation of working time in the healthcare systems of the Member States. This is an issue of great importance to the health sector that delivers a 24-hour service, 365 days a year. Patient safety and the safety of health workers are of paramount importance to HOSPEEM members. As the health sector is a 24-hour service, it needs flexibility to deliver high quality care. Therefore HOSPEEM believes that, in order to run efficient health services in the European Union, it is important that any future changes to the directive should include real flexibility to ensure well functioning health services, able to match European citizens’ needs in the 21^stcentury, as well as proper protection measures to ensure the health and safety of all those who work in health services.

HOSPEEM response to the first consultation of the European social partners on the protection of workers from the risks related to exposure to electromagnetic fields at work

This paper summarises the responses received from HOSPEEM members to the Commission’s consultation on the protection of workers from the risks related to exposure to electromagnetic fields at work.

Summary

The protection of the health workforce from workplace risks is a key priority for hospital and healthcare employers across Europe and HOSPEEM fully supports the risk assessment-based approach which underpins the legislative framework for health and safety at work. There is a strong safety culture in the hospital and healthcare sector, focussing on minimising risks to both workers and the patients they care for.

In this context, given the lack of evidence for any long-term adverse health effects and the exceptional rarity of even short term effects associated with the use of magnetic resonance imaging (MRI) in the hospital and healthcare sector, HOSPEEM’s view is that the directive 2004/40/EC, in its current form, is not fit for purpose. In fact, if implemented it could expose healthcare workers to greater risks as it would be likely to lead to the increased use of other imaging techniques that rely on ionising radiation, the potential negative health effects of which are well known. HOSPEEM would therefore support a revision of the existing directive so that it is based upon the principle of risk assessment, excluding restrictive compliance with exposure limit values for the hospital and healthcare sector which already has alternative adequate safeguards in place.

FULL TEXT: HOSPEEM response to EMF first Social Partner Consultation

HOSPEEM response to the European Commission Green Paper Consultation on the European Workforce for Health

This paper summarises the responses received from HOSPEEM members to the Commission’s consultation on European Workforce for Health. HOSPEEM members recognise there are many common challenges on workforce which EU healthcare systems face and welcomes the Commission’s intention to open a wide ranging debate to attempt to identify solutions.

FULL TEXT: HOSPEEM response to EC Green Paper – Euro Workforce

HOSPEEM answer to Consultation of European social partners on the creation, functioning, outcomes and impact of social dialogue committees

HOSPEEM answer to Sectoral Social Dialogue consultation

HOSPEEM Position Statement on the Proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare

On the 2^nd July 2008, the European Commission published its proposal for a Directive of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare. This follows the open consultation that the Commission ran between September 2006 and January 2007 which came in response to a series of European Court of Justice (ECJ) Judgments on health services in the European Union.  The ECJ-Judgements stated that, under certain conditions, EU citizens were entitled to access healthcare in another Member State and be reimbursed for this treatment by their national health systems. The judgments have created uncertainty surrounding the interpretation of case law at European level for patients and for the national healthcare systems.

HOSPEEM supports the desire to establish legal certainty regarding patients’ rights in relation to healthcare treatment in other EU Member States, thus avoiding the situation whereby the ECJ exercises political authority in the field by virtue of its rulings in individual cases. However, the Directive goes beyond the rulings of the ECJ, both in relation to the scope and the content of the Directive, most notably in relation to prior authorisation systems.

HOSPEEM questions that Article 95 of the EC Treaty, relating to internal market harmonisation, is the proper legal basis for a Directive on the application of patients’ rights in cross-border healthcare.  In contrast to the view of the European Commission, HOSPEEM sees a fundamental conflict between Article 95 and the principles enshrined in Article 152 of the EC Treaty which outline the responsibilities of the Member States to fund, organise and deliver health services.

FULL TEXT: HOSPEEM Position Statement