Working Group Legislation: Reducing bureaucracy

Dr Kemper what is the working group currently most concerned with?

At its meeting in Luxemburg the focus of the Working Group Legislation was on political initiatives aimed at reducing bureaucracy to boost Europe’s competitiveness and its effects on social security institutions.

Why bureaucracy?

For me, the question of finding the right balance between reducing bureaucracy and maintaining safe and healthy workplaces, as well as a level playing field for companies, is a very interesting and important one. Furthermore, the reduction of bureaucracy is an integral part of the plans of the European Commission to strengthen Europe’s economic competitiveness. The Commission aims to streamline administrative procedures through targeted legislative measures, reduce bureaucratic costs, and allocate the gained financial resources to new political priorities. During the meeting, we heard reports from Austria, Finland and the United States, each with their own perspective and focus. They highlighted various aspects of this complex issue and gave best practice examples.

Which reports were of special interest for the insurances against accidents at work and occupational diseases in Europe?

Dr Stefan Ullreich, Senior Attorney at the Finanzprokuratur in Austria, highlighted the linkage between reducing bureaucracy and the rule of law. He emphasised that, while reducing bureaucracy is a legitimate and necessary goal, it must always be achieved while upholding the principles of the rule of law if reducing bureaucracy is to succeed. Excessive bureaucracy can become inefficient, especially when tasks are outsourced without critical examination. Clear, understandable rules, streamlined processes, and digital solutions are crucial for a modern administration.

Finland seems way ahead on the issue. What impressed you most?

The progress in the reduction of bureaucracy in Finland. Elina Holmas from TVK reported on significant developments in digitising the Finnish administration. Since May 2023, national legislation in Finland has permitted automated administrative decisions to be made, provided that no individual case review is required. This also applies to workers’ compensation insurances. However, the law provides the right of human intervention on the part of the controller, to express their point of view and to contest the decision. With the chosen approach, it is very important to also consider the position and rights of those affected, the persons who are the subject of the decision.

Additionally, plans are in place to enable administrative acts to be delivered electronically from 2026 onwards, even without the express consent of the recipients. The aim is to make administrative procedures more efficient and independent of location. Ms Holmas also explained that Finland is increasingly relying on digital platforms to simplify reporting and application processes in the fields of occupational safety and health, and in the healthcare.

And in the US?

The American Workers’ Compensation system differs from most in Europe. At the federal level, the Occupational Safety and Health Administration (OSHA) sets minimum standards nationwide, but their implementation varies from state to state. In the area of Workers’ Compensation, there are over 50 different systems, as each state has its own legislation. In most states private insurers offer work accident coverage. Only very few states have a public monopolistic system. Current issues next to the reduction of bureaucracy are heat protection in high-risk industries and the recognition of mental illness and certain types of cancer as occupational diseases.

Are there any differences when it comes to occupational diseases?

The US works with legal presumptions, particularly in connection with recognising certain occupational diseases such as post-traumatic stress disorder (PTSD). In some US states, certain mental illnesses are to be automatically presumed to be work-related for certain occupational groups, such as police, firefighters and emergency services personnel. This practice was met with great interest in the Working Group Legislation when it was reported by Anna Hui and Heather Lore from IAIABC.

How are digitalisation and the reduction of bureaucracy approached in the United States?

The ongoing digitalisation and a wide use of data are of high importance in the US. With regard to reducing regulatory and administrative burdens and bureaucracy IAIABC President Ms Hui gave some insights from the State of Missouri. Future-orientated technologies like automated processes and artificial intelligence as well as data are used there to streamline process, offer self-service, and support public policy makers and individual citizen decision-making, e.g. with a State of Missouri Citizen Portal for Single Sign-On. The example shows how similar the developments in the US and European administrations are due to technological progress and how worthful it is to share best practices and to maintain close contact in the daily changing economic and security situation in the world. ●