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12.4.2011 Official
Journal
of
the
European
Union
L
97/3
COMMISSION REGULATION (EU) No 349/2011
of 11 April 2011
implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on
Community statistics on public health and health and safety at work, as regards statistics on
accidents at work
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS REGULATION:
Article 1
Having regard to the Treaty on the Functioning of the European
Definitions
Union,
For the purpose of this Regulation, the following definitions
shall apply:
Having regard to Regulation (EC) No 1338/2008 of the
European Parliament and of the Council of 16 December
(a) ‘accident at work’ means a discrete occurrence in the course
2008 on Community statistics on public health and health
of work which leads to physical or mental harm. The
and safety at work ( 1 ), and in particular Article 9(1) thereof,
phrase ‘in the course of work’ means whilst engaged in
an occupational activity or during the time spent at
work. This includes road traffic accidents that occur in
Whereas:
the course of work but excludes commuting accidents,

i.e. road accidents that occur during the journey between
home and the workplace;
(1) Regulation
(EC)
No
1338/2008
established
a
common (b) ‘a fatal accident’ means an accident which leads to the
framework for the systematic production of European
death of a victim within 1 year of the accident;
statistics on public health and health and safety at work.
(c) ‘economic activity of the employer’ covers the main
‘economic’ activity of the local unit of the enterprise of
(2) Pursuant to Article 9(1) of Regulation (EC)
the victim;
No 1338/2008, implementing measures are necessary
to determine the data and metadata to be supplied on
(d) ‘age’ means the age of the victim at the time of the
accidents at work covered in Annex IV to that Regulation
accident;
as well as to determine the reference periods, intervals
and time limits for data provision.
(e) ‘type of injury’ means the physical consequences for the
victim;
(3) Confidential
data
sent
by
Member
States
to
the (f) ‘geographical location’ means the territorial unit where the
Commission (Eurostat) should be handled in accordance
accident has occurred;
with the principle of statistical confidentiality as laid
down in Regulation (EC) No 223/2009 of the
European Parliament and of the Council of 11 March
(g) ‘size of the enterprise’ means the number of employees
2009 on European statistics (
(full-time equivalent) working at the local unit of the

2 ) and with Regulation
(EC) No 45/2001 of the European Parliament and of
enterprise of the victim;
the Council of 18 December 2000 on the protection
of individuals with regard to the processing of personal
(h) ‘nationality of the victim’ means the country of citizenship;
data by the Community institutions and bodies and on
the free movement of such data ( 3 ).
(i) ‘days lost’ means the number of calendar days during which
the victim is unfit for work as a result of an accident at
work;
(4) A
cost-benefit
analysis
has
been
carried
out
and
evaluated
in accordance with Article 6 of Regulation (EC)
(j) ‘workstation’ means the usual or, alternatively,
occasional
No 1338/2008.
nature of the place/post occupied by the victim at the time
of the accident;
(5) The
measures
provided
for
in
this
Regulation
are
in (k) ‘working environment’ means the workplace, work
accordance with the opinion of the European Statistical
premises or general environment where the accident
System Committee,
happened;
(l) ‘working process’ means the main type of work or task
( 1 ) OJ L 354, 31.12.2008, p. 70.
( 2 ) OJ L 87, 31.3.2009, p. 164.
(general activity) being performed by the victim at the
( 3 ) OJ L 8, 12.1.2001, p. 1.
time of the accident;

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L 97/4
EN
Official Journal of the European Union
12.4.2011
(m) ‘specific physical activity’ means the victim’s exact physical
4. Data
for
accidents
at
work
that
occurred
during
the
activity at the instant of the accident;
reference year shall preferably be based on registers and other
administrative sources. When this is not feasible, estimation and
(n) ‘material agent associated with the specific physical activity’
imputation, even if based on survey and not case-by-case data,
means the tool, object or instrument being used by the
may be used to fill gaps in data coverage.
victim when the accident happened;
Article 3
(o) ‘deviation’ means the last event deviating from normality
Reference period
and leading to the accident;
The reference period shall be the calendar year in which the
accidents are notified to the competent national authorities.
(p) ‘material agent associated with the deviation’ means the
tool, object or instrument involved in the abnormal event;
Article 4
(q) ‘contact — mode of injury’ means how the victim was hurt
Metadata
(physical or mental trauma) by the material agent that
1. Member States shall transmit to the Commission
caused the injury;
(Eurostat) an annual verification and update of the metadata
together with the data.
(r) ‘material agent associated with the contact — mode of
injury’ means the object, tool or instrument with which
2. The
metadata
shall
be
transmitted
according
to
a
standard
the victim came into contact or the psychological mode
template specified by the Commission (Eurostat) and shall
of injury.
include the items referred to in Annex III.
Article 2
Article 5
Data required
Transmission of data and metadata to the Commission
1. Member States shall transmit to the Commission
(Eurostat)
(Eurostat) microdata on persons who had an accident in the
1. Member
States
shall
transmit
data
and
metadata
in
course of work during the reference period and the associated
accordance with an exchange standard specified by the
metadata. The list of variables to be transmitted to the
Commission (Eurostat), within 18 months after the end of the
Commission (Eurostat) as well as the compulsory or optional
reference period.
status of the variable and the first year for data transmission are
set out in Annex I.
2. Data and metadata shall be transmitted to the
Commission (Eurostat) through electronic means, using the
2. Provision of data on accidents at work relating to the self-
single entry point at the Commission (Eurostat).
employed, family workers and students shall be on a voluntary
basis.
Article 6
Entry into force
3. Provision
of
data
on
accidents
at
work
that
are
subject
to
confidentiality rules by national legislation as listed in Annex II
This Regulation shall enter into force on the 20th day following
shall be on a voluntary basis.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 April 2011.
For the Commission
The President
José Manuel BARROSO

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EN
12.4.2011 Official
Journal
of
the
European
Union
L
97/5
ANNEX I
LIST OF VARIABLES
European statistics on accidents at work (ESAW) Phases I and II variables
Variables Specifications
First year for data
transmission
Case Number Unique
case
number
to
identify
each
individual
record
and
2013
to ensure that each record represents a separate accident
occurrence at work.
The chosen case number must be prefixed by the 4 digits of
the year when the accident is notified to the competent
national authorities.
Economic Activity of the 4-digit level of the NACE Rev.2 ( 1 ) 2013
for
NACE
Rev.2
Employer
sectors
A and C-N
2015 for NACE Rev.2
sectors
B and O-S.
Occupation of the Victim 2-digit
level
of
the
ISCO-08 2013
Age of the Victim 2-digit
number 2013
Sex of the Victim 1-digit
code 2013
Type of Injury
3-digit version of the ESAW classification for ‘Type of injury’
2013
according to the ESAW methodology.
Part of Body Injured
2-digit version of the classification of ‘part of body injured’
2013
according to the ESAW methodology.
Geographical Location of the 5-digit code according to the NUTS classification. ( 2 ) 2013
Accident
Date of the Accident Numeric
variable
which
is
indicated
as
year,
month
and
day 2013
Time of the Accident 2-digit
variable
describing
time
intervals
in
hours
according optional
to the ESAW methodology
Size of the Enterprise Categories
according
to
the
ESAW
methodology optional
Nationality of the Victim Categories
according
to
the
ESAW
methodology optional
Employment Status of the Categories according to the ESAW methodology 2013
Victim
Days Lost (severity) Categories
according
to
the
ESAW
methodology.
Specific 2013
codes are used to denote permanent incapacity and fatal
accident.
Weight ESAW collection To
be
used
when
the
Member
State
uses
a
sample
for
the
2013
data collection on accidents and/or wants to correct for
under-reporting.
If not applicable the default value 1 is used.
( 1 ) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical
classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC
Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
( 2 ) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common
classification of territorial units for statistics (NUTS). (OJ L 154, 21.6.2003, p. 1).

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L 97/6
EN
Official Journal of the European Union
12.4.2011
ESAW phase III variables on causes and circumstances
Variables Specifications
First year for data
transmission
1. Workstation Categories
according
to
the
ESAW
methodology 2015
(*)
2. Working Environment
3-digit version of the classification of ‘Working
2015 (*)
Environment’ according to the ESAW methodology
3. Working Process 2-digit
version
of
the
classification
of
‘Working
Process’
2015 (*)
according to the ESAW methodology
4. Specific Physical Activity 2-digit
version
of
the
classification
of
‘Specific
Physical
2015 (*)
Activity’ according to the ESAW methodology
5. Deviation
2-digit version of the classification of ‘Deviation’ according
2015 (*)
to the ESAW methodology
6. Contact — Mode of injury 2-digit
version
of
the
classification
of
‘Contact
—
Mode
of
2015 (*)
injury’ according to the ESAW methodology
7. Material Agent associated 4-digit version of the classification of ‘Material Agent’
2015 (*)
with the Specific Physical according to the ESAW methodology
Activity
8. Material Agent associated 4-digit version of the classification of ‘Material Agent’
2015 (*)
with the Deviation
according to the ESAW methodology
9. Material Agent associated 4-digit version of the classification of ‘Material Agent’
2015 (*)
with the Contact — Mode according to the ESAW methodology
of injury
Weight Causes and Circum To be used when the Member State applies an additional
2015
stances
sampling for the encoding of the ESAW Phase III variables
on causes and circumstances.
If not applicable the default value 1 is used
(*) Compulsory transmission of at least 3 of the 9 variables

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EN
12.4.2011 Official
Journal
of
the
European
Union
L
97/7
ANNEX II
LIST OF PROFESSIONS SUBJECT TO CONFIDENTIALITY FOR DELIVERY ON A VOLUNTARY BASIS
According to ISCO-08:
— 0 Armed forces occupations
— 3351 Customs and border inspectors
— 3355 Police inspectors and detectives
— 541 Protective services workers
a. 5411 Fire-fighters
b. 5412 Police officers
c. 5413 Prison guards
d. 5414 Security guards
e. 5419 Protective services workers not elsewhere classified
According to NACE Rev.2:
— 84.22 Defence activities
— 84.23 Justice and judicial activities
— 84.24 Public order and safety activities
— 84.25 Fire services activities

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L 97/8
EN
Official Journal of the European Union
12.4.2011
ANNEX III
METADATA
Where applicable and relevant to full understanding of the ESAW data, the metadata describe the following items:
— the population covered in terms of NACE Rev.2 sectors, and possibly subsectors, and employment status,
— the information on professions/activities for which data on accidents at work are subject to confidentiality by national
legislation and cannot be transmitted,
— the declaration rates for accidents at work which are to be used for correction of under-reporting,
— the coverage of the different types of accidents as explained in the ESAW methodology,
— the sampling method — if applicable — used in the setup of the microdata collection,
— the sampling method — if applicable — which is used for encoding of the variables on causes and circumstances,
— the numbers of fatal road traffic accidents and fatal accidents on board any means of transport during a journey in the
course of work for persons employed outside the NACE Rev.2 sector H ‘Transportation’,
— information about any national specificity essential for the interpretation and compilation of comparable statistics and
indicators.

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