Building safe and green: a comparative analysis of osh legislation in the Dutch and Spanish construction sectors and the role of collective representation

The transition into sustainable practices, decarbonization strategies and climate-mitigation policies, presents new challenges for occupational safety and health (OSH). The policies outlined in the European Green Deal to facilitate the green transition are expected to significantly impact heavy industry, such as the construction sector. The fragmented structure of this sector presents challenges to the effective implementation of OSH policies. Collective representation, through trade unions and works councils, plays a pivotal role in safeguarding OSH standards throughout the green transition. This paper examines the role of collective representation in safeguarding workers’ occupational safety and health in the construction sector amidst the green transition in the Netherlands and Spain. In the Netherlands, works councils hold significant rights to influence OSH policies, particularly in response to technological changes. In Spain, there has been a growing integration of green clauses within collective labour agreements, addressing challenges such as extreme weather and heat stress, which have become more prevalent due to climate change. The paper concludes by advocating for a just green transition, highlighting the need for stronger green social dialogue to ensure a balance between environmental policies and the protection of workers’ safety and health in the green construction sector.