Tuesday, November 20, 2012

Expert for assistance in transposition of EU OSH Directives in the area of protection of workers from risks related to chemical agents, carcinogens and mutagens and biological agents

The EU IPA 2010 project on “Human Resources Development in Albania”, funded by the European Union is implemented by the International Labour Organisation, under the leadership of the Country Office for Central and Eastern Europe, Budapest, in cooperation with the Ministry of Labour, Social Affairs and Equal Opportunities (MoLSAEO), Ministry of Health and other bodies.
 
The overall objective of the project is improving the labour market functioning and quality of human capital, while the specific objectives cover the improvement of the capacity of labour market institutions, mainly the State Labour Inspectorate (SLI) and National Employment Service (NES) as well as development of systems of VET and life-long-learning.
 
The project has three main components:
  • Component 1 focuses on the Modernisation of the State Labour Inspectorate.
  • Component 2 focuses on Modernisation of the National Employment Service (NES)
  • Component 3 on the Vocational Education and Training (VET) Reform. 
The control and the supervision of the project activities/outputs is realized by a Steering Committee (SC) established at the beginning of the project’s implementation. The project is carried out by project team, consisting of Coordinators of particular components and it is led by a Team Leader.
 
Description of Activity:
Activity 1.2 on "Adoption of legislation in the field of OSH in line with the EU Acquis" intends to provide assistance to the Albanian authorities in the harmonisation process of Albanian legislation on OSH with the EU rules in this field. In particular, support will be provided in transposing the 19 individual Directives of the Framework Directive 89/391/EEC. The transposition of Directives shall consider also the current national legislation and demands a comprehensive comparative analysis the EU and national provisions in respective area. The activity consists of three sub-activities:
  • 1.2.1     Elaboration of Table of Concordance - comparative analysis of particular provisions
  • 1.2.2     Recommendations for revision of existing or new legislation
  • 1.2.3     Technical assistance in drafting new, harmonised regulations 
A detailed description of particular steps is given in the Inception Report of the Project and Component 1 Work Plan document, both available on the request. The Tables of Concordance enable the analysis of wording of particular provisions of EU Directives with text of corresponding provisions of various national regulations and analysis of the concordance with EU Acquis. According to the structure of missing provisions, a recommendation for revision existing national regulations - or development of new regulations will be adopted. The drafted text of revised or new regulations will be verified by the Ministry of Health and prepared for further legislation process.
The work will be carried out in Working Groups appointed by the Ministry of Health, involving also participants from other Ministries and institutions. It will be assisted by the project key expert for OSH area - coordinator of the Project Component 1.
 
Procedure for the carrying out of the activity: 
  • Elaboration of Table of Concordance of EN text of Directive (by Component Coordinator - CC)
  • Translation of EN Directive to the AL (by translator, Project)
  • Elaboration of Table of Concordance with AL text of Directive (by Local Expert - LE)
  • Research of national AL legislation in particular areas, insertion of related provisions of national regulations into AL Table of Concordance (ToC AL) (by Local Expert)
  • Translation of ToC AL into EN (by translator, Project)
  • Comparative analysis of ToC EN - preparation (by International Expert)
  • Comparative analysis of ToC AL - preparation (by Local Expert)
  • Discussion, exchange of opinion between International Expert, Local Expert and CC
  • Introductory seminar for WG members 1 day. Presented by International Expert
  • Comparative analysis, verification of comparative table of concordance in the EN and AL in the Working Group (estimated 1 days for each Directive). Participation of International Expert, Local Expert and CC
  • Recommendations for revision of existing or new legislation - done in Working Group (1 day)
  • Decision for revision of existing or new legislation (by Ministry of Health)
  • Development of the first draft of text of particular provisions of new regulation in EN (by International Expert)
  • Translation of the first draft into AL (by translator, Project)
  • Discussion and verification of the text in AL, article by article - final draft, carried out in Working Group; estimated 4 days for each topic (Directive). participation of International Expert, Local Expert and CC)
  • Translation of the Final Draft into EN
  • Verification of EN text by International Expert
  • Elaboration final Table of Concordance, comparing the Directives with new draft of Regulations.
  • Submission of final draft to beneficiary (Ministry of Health)

Duties and Responsibilities

There is a need to contract International Short Term Expert(s), to provide assistance at the transposition procedures from professional, technical and legislative point of view. It means participation on comparative analyses of Tables of Concordance and recommendations for revision of present regulations or drafting new ones, as well as drafting a text of proposed version of new Regulation, discussion in working group and verification of final text of Regulation (as characterized above).
This Terms of References are focused for the selection of an International Expert in the area of occupational medicine, safety and health at work and/or OSH legislation for the second package of individual Directives transposing under the responsibility of Ministry of Health:
  • Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC);
  • Directive 2004/37/EC of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC - Codification of Directive 90/394/EEC);
  • Directive 2000/54/EC of the European Parliament and of the Council on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) - Codification of Directive 90/679/EEC);
Besides the Directives on indicative occupational exposure limit values will be transposed in simplified procedure:
  • Commission Directive 2000/39/EC establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/E on the protection of the health and safety of workers from the risks related to chemical agents at work,
  • Commission Directive 2006/15/EC establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC;
  • Commission Directive 2009/161/EU establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC;
It is intended to contract one expert in all professional areas, or more experts specialised in particular areas mentioned above.
 
Planned working days allocation:
The planned working days for hiring of the International Short Term Expert result from mentioned steps under all three suactivities: 1.2.1 - Elaboration of Table of Concordance - comparative analysis of particular provisions; 1.2.2 - Recommendations for revision of existing or new legislation; 1.2.3 - Technical assistance in drafting new, harmonised regulations.
  • Step 6: Comparative analysis of ToC EN - preparation (1 day)
  • Step 8: Discussion or results of analysis between IE, LE and CC and conclisuion (1 day)
  • Step 9: Introductory seminar for WG members (1 day)
  • Step 10: Verification of ToC in Working Group (1 day)
  • Step 13: Development of the first draft of text of new regulation in EN (3 days)
  • Step 15: Verification of the draft text article by article in Working Group - final draft (4 days)
  • Step 17: Verification of the final EN text (1 day)
Planned working days allocation in total are: 12 days for each Individual Directive:
  • (10 days for all tree Directives on indicative occupational exposure limit values).
  • The work is scheduled to be performed from November 2012 to end of February 2013.
Tasks and duties of the Local Expert
  • Comparative analysis of ToC EN - proposal for text of
  • Verification of results of analysis between with Local Expert and Component Coordinator
  • Presentation on the principles of particular Directives at the Introductory seminar for WG members
  • Participation at the WG on verification of ToC
  • Development of the first draft of text of new regulation in EN
  • Participation at the WG on verification of the draft text article by article
  • Verification of the final EN text (1 day)
  • Elaboration the final Table of Concordance
  • Providing own professional inputs to the Transposition process
  • Quality control on the Albanian-English translations from technical point of view
  • Elaboration of monthly Time sheet and the Invoice form for agreed period of payment
Output from the Activity:
The general output of the activity is the final Draft of new Regulation of particular topics.
 
Partial outputs under responsibility of the International Short Term Expert are:
  • Table of Concordance analysis in EN version of respective Directive
  • The first draft of new Regulation transposing a respective Directive
  • Verified final EN version of new Regulation
  • Final Table of Concordance
Supervision of the work:
 
Component 1 Coordinator and Project Team Leader supervise the work and have right to express their satisfaction or reservations to the quality of provided works. In case of unsatisfactory results they have right to reduce day contracted.

Competencies

Corporate Competencies:
  • Demonstrates integrity by modeling the UN’s values and ethical standards;
  • Promotes the vision, mission, and strategic goals of UNDP;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability
  • Treats all people fairly without favoritism;
  • Fulfills all obligations to gender sensitivity and zero tolerance for sexual harassment.
Functional Competencies:
  • Strong analytical skills and experience from similar type of work
  • Computer literacy
  • Client-oriented approach, tact and ability to work with people; ensure effective and efficient provision of services, full confidentiality in all aspects of assignment, management of information flow and follow-up on deadlines and commitments, positive, constructive attitude

Required Skills and Experience

Education:
  • University Degree is an advantage
Work Experience:
  • Minimum of 5 years of experience and profound knowledge on the appropriate OSH field and/or drafting legislation
Language:
  • Fluency in English language, familiar with legal and professional area terminology
 
Proposed Daily Fee:
Information can be provided upon request to Mr. Ivan Majer contact email: majer@ilo.org
 
Hiring Procedure:
This call for contracting an international external collaborator is advertised at the web site of UNDP, as well as disseminated by other ways. Applicants are required to submit their Curriculum Vitae together with a Motivation letter and present their clear professional experiences in mentioned areas. (Note: Please make sure to merge both documents in one file as the system allows one attachment only.)
 
The Component Coordinator will assess the application documents submitted and CVs. If a candidate fulfils the requirements and conditions described in this Term of Reference, he/she can be contacted for an at distance interview. The Component Coordinator will select the first three candidates as his preferred choice and submit it for confirmation to the Project Team Leader as well as to the main beneficiary (Ministry of Health).
Component Coordinator completes necessary documentation of confirmed candidate and send it to the ILO Budapest DWT/CO for Contracting procedure.
 
The deadline for application is 20th November 2012.

http://jobs.undp.org/cj_view_job.cfm?cur_job_id=33930

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