O-261 REQUIREMENTS ON WORKING ENVIRONMENT IN PUBLIC PROCUREMENT- AN UNDERUSED STRATEGY FOR DECENT WORK?

Introduction We explored the potential to use requirements on working conditions in public procurement in Sweden to promote decent work. Methods We sequentially used two approaches: - An examination of the procurement legal framework, using the legal dogmatic method in which recognized sources of law, legal preparatory documents, jurisprudence and legal doctrine is examined. - A case study of public procurement of cleaning services. Researchers with a background in occupational medicine/ sociology and cleaners’union representatives fed into the preparation for the tender. Results The analysis of the legal framework showed that according to Swedish law and EU law it is possible to include requirements on the work environment. However, it should be considered necessary, non-discriminatory, proportionate and verifiable. Sanctions may be linked to non-compliance. Researchers and union representatives provided support for the necessity, and detail of requirements on working environment for cleaning services. In the final tender requirements had been added on e.g. documented training in ergonomics/chemical hazards for managers and workers, access to occupational health service, and periodic examinations due to hand-intensive work. Verification of compliance and sanctions for non-compliance were defined. Discussion The legal framework for public procurement allows inclusion of requirements on working conditions. Expert (social partners, occupational safety and health professionals) knowledge of the sector may contribute in the preparatory process for the tender to ascertain necessity and proportionality, relevant work environment legislation and means for verification. Conclusion Requirements on working environment in public procurement may be seen as a potentially powerful but underused tool to promote Decent work.