Abstract
Occupational Health and Safety (OHS) legislation acknowledges the need of certain categories of workers to be protected by means of special measures. International and national laws do recognize the peculiarity of particularly vulnerable workers – e.g. pregnant, puerperal and breastfeeding mothers, minors and disabled workers – providing them with special safeguards. Further forms of protection usually concern health monitoring, risk evaluation, changes to the workstation, prohibition to perform certain activities, to apply certain organizational models or to be engaged under working time arrangements (such as night and shift work, among others). Recently, an increase in the retirement age and an aging workforce determine that workers stay in their jobs longer. Thus, they are particularly exposed to work-related accidents and occupational diseases, as they are more vulnerable. Therefore, OHS legislation is faced with a new challenge, as a new category of vulnerable workers has emerged and demands for special rules. Is the existing legal framework appropriate? Or is there a need to create a special set of rules to protect older employees?