What do the Omnibus initiatives mean for occupational safety and health?

The current EU reforms within the framework of the Omnibus initiatives extend far beyond individual regulatory areas. They affect several policy fields that are relevant for occupational safety and health. These include, among others, product safety, corporate sustainability reporting, developments in chemicals legislation, as well as new regulatory instruments in the internal market, for example common specifications instead of standards. Even if these topics may at first glance appear to have little in common, they share one key aspect: they influence the framework conditions for safe and healthy work. As a result, potential impacts on prevention, occupational safety and health and the activities of statutory accident insurance institutions are increasingly coming into focus.

This becomes particularly evident in the area of sustainability reporting. With the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), companies are required to systematically disclose the impact of their activities on the environment and society as well as the risks along their value chains.

The specific requirements for the practical implementation of the CSRD are laid down in the European Sustainability Reporting Standards (ESRS). In practice, however, weaknesses have become apparent. Individual indicators – for example, those relating to the reporting of occupational diseases – provide only limited reliable information on a company’s actual sustainability performance. Occupational diseases are characterised by long latency periods, and corresponding data are often not sufficiently available within companies. This makes it more difficult to provide a realistic assessment at the time of reporting. Moreover, the additional administrative burden associated with data collection and reporting does not necessarily align with the European Commission’s objective of reducing bureaucracy.

At the same time, a rather technical instrument is gaining importance. Under the fourth Omnibus initiative, common specifications are to be used more frequently as a regulatory instrument in cases where harmonised European standards are lacking or are not available in time. The aim is neverthe­­less to establish uniform requirements. Standards play an important role, particularly for occupational safety and health. They translate rather abstract legal requirements into concrete solutions for practice – for example, in the safe design of machinery, work equipment or protective equipment. Companies can rely on them in order to comply with safety requirements and minimise liability risks.

Against this background, common specifications are viewed with some ambivalence. They can serve as a kind of fallback mechanism to define uniform technical requirements and thereby provide greater clarity in practice, but they also raise questions. In particular, there is concern that established standardisation processes could be bypassed, thereby weakening procedures in which social security institutions, academia and practitioners are traditionally more strongly involved. This involvement is particularly important for occupational safety and health, as practical experience from companies feeds into the design of safety requirements.

Changes are also forthcoming in the field of chemicals. The relevant Omnibus initiative concerns, among other things, the Classification, Labelling and Packaging (CLP) Regulation as well as rules for cosmetics and fertilisers. The provisions of the CLP Regulation form a central basis for the safe handling of chemical substances in the workplace. The planned changes mainly concern product advertising and product labelling. In particular, it is envisaged to rely more strongly on digital solutions, especially for small and very small quantities, and to simplify requirements. These approaches can facilitate implementation in practice. However, careful consideration must be given to balancing relief for industry with the preservation of necessary information for occupational safety and health. It will be crucial that the existing level of protection is fully maintained. In addition, the flow of information to users must continue to be ensured. Insufficient information carries the risk of misuse and resulting accidents.

For a long time, the future of the REACH Regulation – the EU’s central framework for chemical safety – was a source of uncertainty in chemicals policy. The European Commission had repeatedly announced a comprehensive revision but never followed through with concrete action. Since the end of April, it has become clear that there will be no far-reaching reform of the REACH Regulation under the von der Leyen II Commission. Instead, the responsible Commissioner for Environment, Jessika Roswall, is focusing on targeted adjustments within the existing legal framework. This approach is supported in particular by industry, as a fundamental revision of REACH could entail additional costs and administrative burdens and potentially restrict the availability of certain substances.

Commissioner Roswall plans to strengthen the enforcement of existing rules and to introduce changes via the comitology procedure – a mechanism that allows for faster amendments outside the usual legislative procedure. This makes it possible, in particular, to implement adjustments aimed at simplifying and modernising REACH – for example, in its annexes – without the formal involvement of the European Parliament. At the same time, parts of the business community are advocating for occupational safety and health requirements – such as training obligations for handling certain substances – to be removed from the REACH Regulation and instead incorporated into the relevant occupational safety and health directives.

At present, it is not yet possible to assess the concrete impact of these developments. It is clear, however, that the forthcoming decisions will shape occupational safety and health in Europe and, consequently, workplace practice.