AOFA has proposed a new bill to the Portuguese parliament, political parties and to the government. This bill is needed in order to grant military personnel equal conditions for health and safety provisions at work. This was the framework and background for the international conference “Health and Safety at work in the military profession” that took place in Oeiras-Lisbon at the Armed Forces Social Service (IASFA) Auditorium, on 28 May.

The EU directive 89/391/CE on the introduction of measures to encourage improvements in health and safety at work was transposed into Portuguese national aw in 1991 through the 441/91 bill. Its objective is to define the principles for the promotion of Health and afety at Work (HSW). In general terms the legislation as applied to all activity within the public and private sector. It lists obligations for employees and employers. Te scope of this bill excepts certain aspects of public service activities such as the Police and Armed Forces, as well as specific activities of civil protection services. However, the European Court of Justice ruled that the restriction clause in the directives cannot serve to exclude in totem an occupational group, such as the armed forces from the application of the directive in national legislation. It only enables the individual Member States to exclude precisely defined and delimited activities in the services mentioned. In Portugal, even though the armed forces, police and civil protection services should be object to measures ensuring health and safety at work of their personnel, this has not happened yet.
AOFA considers the correction of this situation essential and has proposed a new bill to the Portuguese parliament, political parties and to the government. This bill is needed in order to grant military personnel equal conditions for health and safety provisions at work. According to the European legal framework and following the best-practice of other EU Member States, this bill should include the minimum principles to create and maintain an efficient management, and provide the following for Armed Forces:

• HSW Services Organisation at unit-level;
• Systematic risk evaluation, prevention and professional protection;
• Definition of authority, responsibilities and activities of HSW services in Armed Forces;- Creation of independent mechanisms for inspection on HSW compliance;
• Qualification of military personal in HSW, equivalent to and recognized by national HSW authorities;
• Creation of databases for working accidents and professional diseases, their treatment and investigation obligation. Availability and access to information on HSW in Armed Forces.

This was the framework and background for the international conference “Health and Safety at work in the military profession” that took place in Oeiras-Lisbon at the Armed Forces Social Service (IASFA) Auditorium, on 28 May. Among those attending the event were officials from the MoD, members of political parties, personnel from Navy, Army and Air-Force, the National Authority for Working Conditions (ACT), the “Security Magazine” (Revista Segurança), private security companies, IASFA, a delegation from EUROMIL and other representative military staff associations, police unions and other civil society representatives. In the premises of the International Seminar on HSW, EUROMIL President Emmanuel Jacob together with several EUROMIL Board Members and the Presidents of the Portuguese Associations (AOFA, ANS, APA) hosted a luncheon with Member of the European Parliament, Ana Gomes (PES). During this meeting human rights issues of relevance for the Armed Forces members and the implementation of the legislation concerning the professional associations were addressed.
The conference offered fives speeches. Opening remarks were presented by Lieutenant General Silvestre dos Santos, AOFA Deontological Council Board Member and a former Portuguese Air-Force General Inspector. First speaker was the representative of the National Authority for Working Conditions (ACT), Dr. Luis Filipe Nescimento Lopes. He argued in favour of the application of the HSW legal framework to military personnel. The EUROMIL President Emanuel Jacob gave an overview on the implementation of the Framework Directive Safety and Health at Work 89/391/EEC (2007/30/EC) and the Working Time Directive 2003/88/EC in selected European member states’ armed forces. The third presentation, by Captain Sequeira Alvesv, AOFA Secretary-General, focused on the national situation of HSW activities in the Portuguese Armed Forces and its incipient way of regulation. Lieutenant Commander Rogério Marques, AOFA HSW Specialist Board Member presented the HSW organization in the Portuguese Armed Forces. Finally, AOFA President, Colonel Carlos Alpedrinha Pires summarized the conclusions and closing remarks. He called on the Portuguese Parliament and the political parties to approve special legislation to rule HSW activities for military, security and emergency personnel in order to grant protection on their regular activities. The initiative received great acceptance from the military field. It will be followed by a case study seminar, which intends to integrate contributions from other organizations, including EUROMIL members. The initiative now in place will be developed through open coordination by collecting contributions from the different HSW actors at national and international levels that wish to exchange experiences and cooperate in the HSW application to armed forces, security and emergency personnel.

By Colonel Carlos Manuel Alpedrinha Pires, President AOFA