Opinion of the Advocate General — ECLI:EU:C:2001:365
Date: 2001-06-28
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Principles, objectives and tasks of the Treaties;Social Policy
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment 
Social policy — Protection of health and safety of workers — Directive 89/391 on the 
introduction of measures to encourage improvements in the safety and health of workers 
at work — Assessment of risks — Employers' obligations — Duty to be in possession of 
an assessment in documentary form of risks — National legislation not ensuring that the 
obligation applies to employers of 10 or fewer workers in all circumstances — Not 
permissible 
(Council Directive 89/391, Arts 9(1)(a) and 10(3)(a)) 
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SUMMARY — CASE C-5/00 
Article 9(1)(a) of Directive 89/391 on the 
introduction of measures to encourage 
improvements in the safety and health of 
workers at work imposes a duty on the 
employer to be in possession of documents 
containing an assessment of the risks to 
safety and health at work, documents to 
which workers and/or their representatives 
with specific responsibility for the safety 
and health of workers must have access 
under Article 10(3)(a) of the Directive. 
A Member State fails to fulfil its obligations 
under the above provisions if it fails to 
ensure that the obligation to be in pos­
session of an assessment in documentary 
form of those risks applies also to 
employers of 10 or fewer workers in all 
circumstances. 
(see paras 24, 37, operative part 1) 
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