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Sweden 1 – Legal protection for workers in the case of disability and oncological conditions In Sweden, people with cancer (or, more generally, with a chronic disease) and people with disabilities are on an equal footing in terms of legal protection. In this connection, the main legal source is the Work Environment Act (arbetsmiljölagen, the acronym is AML), which was approved by Parliament in 1987, and subsequently amended. It applies to working students, military personnel, apprentices, and self-employed workers, providing the legal framework that regulates their working conditions. Furthermore, the National Board of Occupational Safety and Health is the authority that has been empowered by the government to provide detailed provisions, which are published in a special Statute Book (AFS). The Act provides that “In the case of disability, the employee is entitled to reassignment and medical rehabilitation, on the basis of an ad hoc plan provided by the employer” (chap. 3, sect. 2a). The employer is responsible for any measures taken in favour of sick workers. If they are often absent, or if they absent themselves from work for more than four weeks, the employer has to set up a rehabilitation plan together with the local health authority (försäkringskassan), to facilitate their early return to work. These procedures are an integral part of the company policy, and competent institutions in charge of carrying out regular checks can require the employer to provide written documentation of them. In any case “The employer and the employee will work together to provide a safer working environment…” (chap. 3, sect. 2a) There are other important provisions related to this issue, such as the Working Environment Act (miljöbalken), the Working Time Act (arbetstidslagen), and the Equal Opportunities Act (Jämställdhetslagen). Large enterprises also provide a company medical service, even though the law does not require it. It includes: a doctor, a nurse, a physiotherapist, an industrial hygiene consultant and, in some cases, a psychologist. Generally speaking, their main task is to change the working environment according to workers’ needs, also providing sick employees with medical rehabilitation. They also help people to combat stress, to organise their working time, and to deal with harassment. Unions usually appoint a representative, who is responsible for ensuring the safety of the workers, and who has a strong influence on work place organisation. Since 2001, Swedish government has launched a plan that promotes occupational health care, involving the following measures: - work place organisation; - the return to work after medical treatment; - research. In 2002, a more specific goal in terms of occupational health care was set, aiming at halving the percentage of sick leave by 2008, also reducing sickness and first job benefits. The national administrative authority for issues relating to the working environment is the Swedish Work Environment Authority (AV) (http://www.av.se/inenglish/index.aspx). Its main task is to reduce the risks of sickness and injury at work, promoting a safer working environment. It is in charge of setting provisions and drawing up statistics on work accidents and work-related diseases. The AV also monitors the activity of ten Inspectorates for the Environment. In 1993, the National Board of Occupational Safety and Health issued a new set of measures that have to be taken in relation to psychological violence in the work place (in force from March 1994), that is to say against “Any reprehensible action and hostile attitude taken towards the worker in the work place, that result in his/her isolation”. Even in this case, it is for the employer to provide the best working conditions. These provisions represent an effective legal instrument, because they provide for the first time specific legal protection against mobbing, also involving the employees and their representatives. 2 – Specific Legal Protection for people with cancer. Not available 3 – Specific Legal Protection for women with breast cancer Not available Administrative procedures related to the above-mentioned points (1,2,3) The Stockholm County Council (http://www.sll.se/sll/templates/NormalPage.aspx?id=19) provides medical assistance (preventive measures and medical treatment) for nearly two million people. Pursuant to the legal provisions, every county council has to set up a Patients’ Advisory Committee, which is empowered to provide information, to promote contacts between the patients and the medical personnel, to report complaints and to give advice. - Bargaining Not Available - Case Law Not Available - National Best Practices For people with cancer: The FAS, Forksningsrådet för Arbetsliv och Socialvetenskap, which is the Swedish Council for Working Life and Social Research, was set up in 2001, through a merger of the Swedish Council of Social Research and the Swedish Council for Work Life Research (the latter, which was a centre of excellence in this field of research, was closed on 1 July 2007). The main objective of the Council is to increase scientific knowledge on working life issues and to provide scientific information, promoting basic and applied research at an international level. In 2001, the National Institute on Public Health, the newspaper Dagens Industry, Korpen and the Swedish Society against Cancer named Värö Bruk, which is located 60 km south to Gothenburg, Company of the Year in terms of safety. The company promotes a physical wellbeing programme (providing training courses and sport events) and a safe working environment, involving workers and making them more aware of the issue. It also cooperated with Karolinksa Institute, that provided a threeyear Work and Health Plan (AHA), aimed at reducing the percentage of sick leave. The website http://www.cancersamtal.nu/ provides a discussion forum, a mailing list and chatroom for people with cancer (in Swedish). With regard to harassment in the work place suffered by sick workers, Heinz Leymann, a German professor, has set up a website providing mobbing-related information, http://www.leymann.se/. For women with breast cancer: The Breast Cancer Organisation (BRO - http://www.bro.org.se/english.asp ), is the leading cancer research organisation. BRO has 10,000 members, and represents 33 local associations. It also brings together the National Council on Health and Safety in the Work Place, the National Breast Cancer Program, the Swedish Group against Breast Cancer, providing national guidelines on the issue. BRO is currently headed by Ingrid Kössler, who is also the chairman of Europadonna. The organisation deals with mammography screening, which according to National Council directives, should involve women, especially those aged 40 to 74 years. BRO also announced an award for those who achieve outstanding results in terms of medical treatment, and scientific progress, trying to draw the media attention on the issue. In this connection, the Pink Ribbon Campaign promoted by BRO has been very successful (a sum equivalent to about 375,000 euros has been collected), especially because it has involved many other partners. In addition, the Breast Cancer Organisation provides scholarships and research grants, funded by the Swedish Cancer Foundation (Bröstcancerfonden), Elisabeth Hedins Foundation, and Falck-Löfdahl Foundation. The list of most of the associations against cancer, as well as their contacts, is available at www.bro.org.se Further Information Swedish Work Environment Authority (AV) Address: Ekelundsvägen 16 SE-171 84 Solna Telephone: +46-(0)8-730 90 00 Fax: +46-(0)8-730 19 67 Swedish Council for Working Life and Social Research Mailing address: Box 2220 SE-103 15 Stockholm Visiting address: Wallingatan 2 - Stockholm Tel: +46 8 775 40 70 Fax: +46 8 775 40 75 E-mail:[email protected] Patients’ Advisory Committee - Stockholm County Telephone: 08-690 67 00 Telefax: 08-690 67 18 E-mail: [email protected] Postal address: P. O. Box 17535 118 91 Stockholm Visiting address: Hornsgatan 15, Stockholm (Metro: Slussen) Prevent Sweden - Management and Labour Improving Work Environment (A leading Swedish scientific and training centre in the field of health and safety) http://www.prevent.se/in_english/default.asp P.O. Box 20 133 Ringvägen 100 SE-104 60 Stockholm Sweden Phone: +46 8 402 02 00 Fax: +46 8 402 02 50 [email protected] Arbetsmiljöforum – Swedish Work Environment Association (founded in 1905) Contact: Arbetsmiljöforum, Maria Skolgata 83 Address: Box 17550, S-118 91 Stockholm, Sweden. Phone +46 8 442 46 00, Fax +46 8 442 46 08. [email protected] Cancer Center http://www.karolinska.se/templates/DivisionStart____70673.aspx?epslanguage=SV Onkologiskt Centrum Karolinska Universistetssjukhuset, Hus M8:01, 171 76 Stockholm 08-517 746 84 Telefontid: 08.00-16.30 / 08-34 86 40 Statistics: Analysis of the processed 2006 Eurostat data. Mortality for cancer (standardised data considering 1.000.000 cases) Swedish 1995 1996 1997 1998 1999 2000 1613 1603 1633 1601 1579 1571 % 0,161% Variation 0,160% 0,163% 0,160% 0,158% 0,157% -0,001% 0,003% -0,003% -0,002% -0,001% 2001 2002 2003 2004 2005 1579 1549 1555 1557 1546 0,158% 0,155% 0,156% 0,156% 0,155% 0,001% -0,003% 0,001% 0,000% -0,001% 2006