6. 2. 89 Official Journal of the European Communities No C 30/19 
Amended proposal for a Council Directive on the introduction of measures to encourage 
improvements in the safety and health of workers at the workplace (*) 
COM(88) 802 final — SYN 123 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 
5 December 1988) 
(89/C 30/03) 
f1) OJNo C 141,30.5. 1988, p. 1. 
FRAMEWORK DIRECTIVE (73) 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 118A 
thereof, 
Having regard to the Commission proposal drawn up after 
consultation with the Advisory Committee on Safety, 
Hygiene and Health Protection at Work, 
Having regard to the opinion of the Economic and Social 
Committee, 
In cooperation with the European Parliament, (Start of text unchanged) 
Whereas Article 118A of the Treaty provides that the 
Council shall adopt, by means of Directives, minimum 
requirements for encouraging improvements as regards the 
health and safety of workers, especially in the working 
environment; Whereas Article 118A of the Treaty provides that the 
Council shall adopt, by means of Directives, minimum 
requirements for encouraging improvements, especially in 
the working environment, to guarantee a better level of 
protection of the safety and health of workers; 
Whereas this Directive does not justify any reduction in 
levels of protection already achieved in individual Member 
States, the Member States being committed, under the 
Treaty, to encouraging improvements in conditions in this 
area and to harmonizing conditions while maintaining the 
improvements made. 
Whereas it is known that workers can be exposed to the 
effects of dangerous environmental factors at the work­
place during the course of their working life; 
Whereas Article 118A also recommends that Directives 
shall avoid imposing administrative, financial and legal 
constraints which would hold back the creation and 
development of small and medium-sized undertakings; (Unchanged) 
Whereas the communication from the Commission on its 
programme concerning safety, hygiene and health at work 
provides for the adoption of Directives designed to 
guarantee the safety and health of workers; (Unchanged) 
No C 30/20 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Whereas the Council Resolution of 21 December 1987 on 
safety, hygiene and health at work took note of the 
Commission's intention to submit to the Council in the 
near future a Directive on the organization of the safety and 
health of workers at the workplace; 
Whereas Member States have a responsibility to ensure the 
safety and health of persons on their territory, and of 
workers in particular; 
Whereas Member States' legislative systems differ widely 
with regard to the prevention of work accidents and 
occupational diseases; 
Whereas the incidence of accidents at work is still 
regrettably high, and preventive measures must be 
introduced or improved in order to guarantee the safety 
and health of workers; 
Whereas, in order to achieve the maximum degree of 
protection which is reasonably practicable, it is essential 
that workers and their representatives be informed of the 
risks to their safety and health and of the measures required 
to reduce or eliminate these risks, and be allowed to verify 
that the necessary protective measures have indeed been 
taken; 
Whereas cooperation between employers and workers and 
workers' representatives must be strengthened; AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
(Unchanged) 
Whereas in February 1988, following the debate on the 
internal market and worker protection, the European 
Parliament adopted four resolutions specifically inviting 
the Commission to draw up a framework Directive to serve 
as a basis for more specific Directives covering all the risks 
connected with health and safety at the workplace; 
Whereas Member States have a responsibility to encourage 
improvements in the safety and health of persons on their 
territory, and of workers in particular; 
Whereas Member States' legislative systems differ widely 
with regard to the prevention of work accidents and 
occupational diseases and need to be improved; whereas 
national provisions on the subject, which often include 
technical specifications and/or self-regulatory standards, 
may result in different levels of safety and health protection 
and allow competition at the expense of safety and health; 
Whereas protecting the health and safety of workers also 
helps, in certain cases, to preserve the health and safety of 
persons residing with them; 
Whereas the incidence of accidents at work and occup­
ational diseases is still regrettably high, and whereas 
preventive measures must therefore be immediately 
introduced or improved in order to guarantee a higher 
degree of protection; 
Whereas, in order to achieve the maximum degree of 
protection which is reasonably practicable, it is essential 
that workers and their representatives be informed of the 
risks to their safety and health and of the measures required 
to reduce or eliminate these risks; whereas it is also 
essential that they be allowed to verify and ensure, by 
means of balanced participation in accordance with 
national practice and/or legislation, that the necessary 
protective measures have indeed been taken; 
Whereas information, dialogue and negotiations on safety 
and health at work must be developed between employers 
and workers and their representatives by means of 
appropriate procedures and instruments, in accordance 
with national practice and/or legislation; 
6. 2. 89 Official Journal of the European Communities No C 30/21 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Whereas it is recognized as essential to take safety and 
health considerations into account from the earliest stages 
of workplace design; 
Whereas employers must keep abreast of technological 
progress in order to provide optimum safety and health 
protection for their workers; 
Whereas this Directive constitutes an overall social 
complement to various technical harmonization Directives 
designed to complete the internal market, and whereas it 
supplements the provisions of Directive 80/1107/EEC of 
27 November 1980; 
Whereas it is planned, as of now, to establish specific 
provisions containing measures liable to improve safety 
and health at work; 
Whereas a committee composed of members nominated by 
the Member States needs to be set up to assist the 
Commission in implementing the supplementary measures 
provided for by the Directive; AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
Whereas the improvement of safety and health at work and 
of the physical and mental health of workers are objectives 
which should not be subordinated to purely economic 
considerations; 
Whereas employers and workers' representatives exercis­
ing participation rights under this Directive shall be obliged 
to keep themselves informed of the latest advances in 
technology and scientific findings concerning workplace 
design, so as to be able to guarantee a better level of 
protection of workers' health and safety. 
Whereas the provisions of this Directive apply to risks from 
all sources, and in particular to those arising from the use at 
work of chemical, physical and biological agents covered 
by Directive 80/1107/EEC of 27 November 1980, without 
prejudice to more stringent Community provisions already 
in force; 
Whereas, pursuant to Council Decision 74/325/EEC of 
27 June 1974, the Advisory Committee on Safety, Hygiene 
and Health Protection at Work is required to be consulted 
by the Commission with regard to the drafting of proposals 
in this field; 
Whereas a Committee composed of members nominated 
by the Member States needs to be set up to assist the 
Commission in making the technical adaptations provided 
in this Directive; 
HAS ADOPTED THIS DIRECTIVE: 
Object 
Article 1 
1. 
The object of this Directive is the introduction of measures 
to encourage improvements in the safety and health of 
workers at the workplace. The Directive contains general 
principles concerning in particular the prevention of 
occupational risks, the protection of safety and health and 
the informing, consultation and training of workers and 
their representatives, as well as general principles concern­
ing the implementation of such measures. The object of this Directive is the introduction of measures 
to encourage improvements in the safety and health of 
workers at the workplace. The Directive contains general 
principles concerning the prevention of occupational risks 
and the protection of safety and health, the elimination of 
sources of accidents and hazards, the informing and 
consulting of workers, worker participation in accordance 
with national practice and/or legislation, the training of 
workers and their representatives, as well as general 
principles concerning the implementation of such meas-
2. 
If the particular nature of certain public sector activities 
(e.g. the armed forces, the police and the emergency 
services) demands it, the provisions of this Directive shall 
not apply. However, in all these cases care must be taken to 
ensure a higher level of protection of workers' health and 
safety in accordance with the aims of this Directive. 
No C 30/22 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
3. (new) 
This Directive shall be without prejudice to any national 
and Community provisions prevailing at the time of its 
entry into force which provide for a higher level of safety 
and health protection at work. 
Definitions 
Article 2 
For the purposes of this Directive, the following terms have 
the meaning hereby assigned to them: 
— workplace: 
any place to which the worker has access in the 
undertaking and/or establishment; 
— worker: 
any person who performs work in some form, including 
students undergoing training and apprentices; 
— undertaking and/or establishment: 
a public-sector or private-sector entity engaging in 
particular in industrial, agricultural, commercial, 
administrative, educational, cultural or service ac­
tivities ; 
— employer: 
the body or person in charge of the undertaking and/or 
establishment; For the purposes of this Directive, the following terms have 
the meanings hereby assigned to them: 
(Unchanged) 
(Unchanged) 
— undertaking and/or establishment: 
a public-sector or private-sector entity engaging in 
particular in industrial, agricultural, commercial, 
administrative, educational, cultural, leisure or service 
activities; 
(Unchanged) 
prevention: 
all the provisions of measures taken or developed at 
each stage of the activities performed within the 
undertaking with a view to avoiding or reducing the 
occupational risks; (Unchanged) 
— workers' safety and health representatives: 
the person or persons elected, chosen or designated, in 
accordance with national practice and/or legislation, to 
represent the workers with regard to problems of safety 
and health protection at work; 
occupational risk: 
any work-related situation liable to damage the physical 
or psychological safety and/or health of the worker, 
excluding accidents on the way to and from work. (Unchanged) 
Article 3 
Member States shall ensure that employers, workers and 
workers' representatives comply with those provisions of 
this Directive which apply to them. Member States shall take the requisite measures to ensure 
that employers, workers and workers' representatives 
comply with the legal obligations necessary for the 
implementation of this Directive; 
6. 2. 89 Official Journal of the European Communities No C 30/23 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Responsibility of the employer 
Article 4 
1. The employer shall be responsible for the safety and 
health of the workers in every aspect which is directly or 
indirectly related to the work in the undertaking and/or 
establishment. 
2. Where an employer calls in a specialist safety and 
health service or an outside consultant for organization of 
protective measures, this shall not discharge him from his 
responsibilities in this area. 
3. The obligations of the workers in these fields shall not 
affect the principle of the employer's responsibility. 
Obligations of the employer 
Article 5 
1. Whithin the context of his responsibilities, the 
employer shall take the necessary measures for the 
protection of the safety and health of workers, including 
prevention of occupational risks and provision of inform­
ation and training, as well as provision of the necessary 
organization and resources. The employer shall be 
constantly alert to the need to adjust these measures and 
improve existing situations. 
2. The employer shall put the following general prevent­
ive principles into practice, adapting them to match the 
specific conditions applying to his undertaking, including 
the size of the undertaking: 
— combating the risks at source, 
— adapting the work to the man, 
— adapting to technical progress, 
— replacing the dangerous by the non-dangerous or the 
less dangerous, 
— developing a coherent overall prevention policy based 
on technology, organization of work, working con­
ditions and human relationships. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
Responsibility of the employer 
Article 4 
1. The employer shall be responsible for the safety and 
health of the workers in every aspect which is directly or 
indirectly related to the work or to presence in the 
undertaking and/or establishment. 
2. (Unchanged) 
3. The obligations of the workers in these fields shall not 
affect the principle of the employer's responsibility. The 
employer may not transfer that responsibility to an 
individual worker or a group of workers. 
4. This Directive shall not affect the employer's right to 
be excluded from responsibility for events due to 
unfamiliar, abnormal or unforeseeable circumstances, the 
consequences of which could not have been avoided 
however much care had been taken. 
1. (Unchanged) 
2. (Start unchanged) 
— developing a coherent overall prevention policy based 
on technology, organization of work, working con­
ditions, human relationships and the influence of 
environmental factors. 
3. The employer must ensure that adequate consideration 
is given to ergonomic principles, in particular as regards: 
— the design of workplaces, 
— the choice of work equipment, 
— the choice of working methods and production 
methods. 
No C 30/24 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
3. The specific obligations on employers shall be as 
follows: 
(a) The employer shall evaluate the safety and health risks 
to workers in the choice of work equipment, the 
chemical substances or preparations used, and the 
design and fitting out of workplaces. 
Subsequent to this evaluation, the preventive measures, 
working methods and production methods introduced 
by the employer must provide the maximum protection 
that it is reasonably practicable to achieve in respect of 
the safety and health of the workers. 
(b) The safety and health measures taken by the employer 
must be integrated into all the activities of the 
undertaking and/or establishment and at all hierar­
chical levels. 
(c) The employer must ensure that adequate consideration 
is given to ergonomic principles, in particular as 
regards: 
— the design of workplaces, 
— the choice of plant and equipment, 
— the choice of working methods and production 
methods. 
(d) The employer must take the necessary measures to 
permit workers to organize their work in accordance 
with their capabilities where reasonably practicable. 
(e) In planning and organizing the work, the employer shall 
ensure that monotonous work involving repetitive 
activities of brief duration and work where the 
workrate is governed by a machine or conveyor belt 
such that the worker is prevented from influencing his 
workrate himself are avoided where reasonably practic­
able. 
(f) The planning and introduction of new technologies 
shall be undertaken in close cooperation with the 
workers and/or their representatives, particularly in 
respect of the choice of equipment and the working 
conditions, including those aspects connected with the 
working environment and the physical and psycho­
social well-being of the individual. Workers shall 
receive appropriate training. 
(g) When several undertakings share a workplace, the 
employers shall coordinate their measures for the 
prevention of occupational risks, and shall inform one 
another and their workers and/or workers' representat­
ives of these risks. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
4. The specific obligations on employers shall be as 
follows: 
(a) The employer shall take the necessary measures to 
evaluate the safety and health risks to workers in the 
choice of work equipment, the chemical substances or 
preparations used, and the design and fitting out of 
workplaces. 
Subsequent to this evaluation, the preventive measures, 
working methods and production methods introduced 
by the employer must guarantee a better level of 
protection of the safety and health of workers. 
(b) (Unchanged) 
[Text deleted, see new Article 5 (3)] 
(c) With a view to improving safety and health at the 
workplace, the employer must take appropriate meas­
ures to permit workers to take part in organizing their 
work in accordance with their capabilities. 
(d) In planning and organizing the work the employer shall 
ensure that monotonous work involving repetitive 
activities of brief duration, or work where the workrate 
is governed by a machine or conveyor belt such that the 
worker is prevented from influencing his workrate 
himself, is reduced to the minimum compatible with the 
efficient functioning of the undertaking. 
(e) The planning and introduction of new technologies 
shall be undertaken in close cooperation with the 
workers and/or their representatives. 
All aspects of the safety and health protection of 
workers should be taken into account, particularly 
those in respect of the choice of equipment, working 
conditions and the impact of environmental factors on 
the physical and psycho-social well-being of the 
individual. 
(f) When several employers share a workplace, the 
employers shall cooperate in the application of 
provisions concerning safety, health protection and 
hygiene, shall coordinate their measures for the 
prevention of accidents and health risks, and shall 
inform their workers and the workers' representatives 
of those risks in good time. 
6. 2. 89 Official Journal of the European Communities No C 30/25 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Preventive services 
Article 6 
1. The employer shall designate from the supervisory 
staff one or more workers to be responsible for the 
organization of measures for the prevention of occup­
ational risks in the undertaking and/or establishment. 
2. If this is not feasible for lack of competent personnel in 
the undertaking and/or establishment, the employer shall 
enlist the services of competent outside agencies or 
individuals. 
3. Where the employer calls in competent outside 
agencies or individuals, he shall inform them of the factors 
known to affect, or suspected of affecting, the safety and 
health of the workers. 
4. In all cases, the workers designated from within the 
undertaking and/or the outside agencies or individuals 
consulted must have the necessary training and be sufficient 
in number to deal with the organization of preventive 
measures, taking into account the size of the undertaking 
and/or the hazards to which the workers are exposed and 
their distribution throughout the entire undertaking and/or 
establishment. 
5. Member States shall define the size of undertakings in 
which the employer, provided he is competent, may himself 
take responsibility for the measures referred to in 
paragraph 1. 
6. Member States shall define the training needed and the 
number of persons needed to fulfil the conditions set out in 
paragraph 4 of this article. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
1. (Unchanged) 
2. In order to carry out this task, the designated workers 
shall be freed from all other work or be given sufficient time 
in which to fulfil their duties without hindrance. The 
workers involved must be neither financially nor socially 
penalized as a result. This shall also apply to their career 
within the undertaking. 
(Unchanged) 
[Has become Article 6 (3)] 
(Unchanged) 
[Has become Article 6 (4)] 
5. In all cases, the workers designated from within the 
undertaking and/or the outside agencies or individuals 
consulted must have the necessary training from qualified 
instructors and be sufficient in number to deal with the 
organization of preventive measures, taking into account 
the size of the undertaking and/or the hazards to which the 
workers are exposed and their distribution throughout the 
entire undertaking and/or establishment. 
6. Member States shall, taking due account of the nature 
of the activities carried out and the size of undertakings, 
define the categories of undertakings in which the 
employer, provided he is competent and has the necessary 
time available, may himself take responsibility for the 
measures referred to in paragraph 1. 
7. With regard to paragraph 5 of this Article, Member 
States shall define the capabilities necessary and may define 
the number of persons deemed sufficient. 
8. Where the undertaking or establishment possesses a 
medical service, the activities of the workers and outside 
agencies or individuals referred to in the previous 
paragraph shall be carried out in cooperation with this 
service. 
9. In no case must workers be required to bear any of the 
costs arising from measures relating to safety, hygiene and 
health at work. 
No C 30/26 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Article 7 
1. The employer shall make the requisite arrangements 
for first-aid, fire-fighting and evacuation of workers and 
other persons present, and shall arrange the necessary 
contacts with outside agencies, particularly as regards first-
aid, emergency medical care, rescue work and fire-fighting. 
2. For first-aid, fire-fighting and the evacuation of 
personnel, the employer shall designate the workers 
required to implement such measures. 
The number of such personnel, their training and the 
equipment available to them shall be commensurate with 
the size and/or specific hazards of the undertaking and/or 
establishment 
3. The employer shall take precautionary measures to 
allow the worker to protect himself by immediately leaving 
the workplace if a serious, imminent, unavoidable danger 
arises. 
4. The employer shall as soon as possible give details of 
these precautionary measures to all workers exposed, or 
likely to be exposed, to a risk of serious and imminent 
danger. 
5. In the event of a serious and imminent danger to his 
own safety and/or that of other persons, each worker shall 
be in a position to take the necessary measures to avoid the 
consequences of such a danger, on the basis of his own 
knowledge and the technical and hierarchical means at his 
disposal. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
Article 6a 
Health surveillance of workers 
In order to ensure health surveillance of workers com­
mensurate with the safety and health risks at their 
workplace, measures shall be laid down in accordance with 
national practice and/or legislation. These measures shall 
be such as to ensure that each worker, where appropriate, is 
given a medical check-up at regular intervals. 
1. (Unchanged) 
2. (Unchanged) 
3. The employer shall take precautionary measures to 
allow the worker to reach safety by immediately leaving the 
workplace if a serious, imminent, unavoidable danger 
arises. 
4. A worker who leaves his workplace and/or a danger 
zone because he may justifiably assume that he would 
otherwise be risking his life or health shall not be penalized 
and shall be protected from any unjustified prejudicial 
consequences, in accordance with national practice. 
5. Where workers are exposed, or are likely to be 
exposed, to a risk of serious and imminent danger, the 
employer shall as soon as possible inform them about that 
danger and about the protective measures taken. 
(Start unchanged) 
[Has become Article 7 (6)] 
He shall not be penalized in any way because of his actions. 
6. 2. 89 Official Journal of the European Communities No C 30/27 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Information to be held 
Article 8 
1. The employer shall: 
(a) be in possession of an analysis of existing risks to safety 
and health at the workplace; 
(b) decide on the protective measures to be taken and, if 
necessary, the protective equipment to be used; 
(c) keep a list of accidents and occupational diseases which 
have resulted in a worker being unfit for work for more 
than three working days; 
(d) draw up a report on accidents and occupational diseases 
having resulted in, or liable to result in, partial 
permanent unfitness for work, indicating the causes and 
the measures taken or to be taken. 
2. Member States shall establish the criteria for exemp­
ting undertakings from having to draw up the documents 
required to fulfil the obligations described in paragraph 1 
(a) and (b). 
Information of workers 
Article 9 
1. In accordance with the practices adopted in the 
Member States, which may take account in particular of 
the size of undertakings, the employer shall take ap­
propriate measures to ensure that the workers and/or their 
representatives in the undertaking or establishment receive 
adequate information concerning: 
(a) the safety and health risks and the preventive measures 
and activities in respect of the undertaking in general 
and in respect of each worker's workstation and/or job; 
(b) the measures taken pursuant to Article 7, paragraph 4. 
Such information shall also be provided to temporary 
workers and the employers of workers from outside firms 
present in the undertaking. 
2. Workers or workers' representatives with specific 
responsibility for the protection of the safety and health of 
workers shall have access to: AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
2. Member States shall, taking due account of the nature 
of the activities carried out and the size of undertakings, 
define the obligations which the various categories of 
undertakings must fulfil when drawing up the documents 
referred to in paragraph 1. 
1. (Unchanged) 
2. (Unchanged) 1. (Unchanged) 
(a) the risk analysis and analysis of protective measures 
referred to in Article 8, paragraph 1 (a) and (b); 
No C 30/28 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
(b) the list and the report on accidents and occupational 
diseases referred to in Article 8, paragraph 1 (c) and (d); 
(c) the information yielded by preventive measures, 
inspection agencies and bodies responsible for safety 
and health. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
Consultation of workers 
Article 10 
1. Workers or their representatives with specific respon­
sibility for safety and health shall be consulted in advance 
by the employer with regard to: 
— any measure which may substantially affect health and 
safety, 
— the designation of persons referred to in Article 6, 
paragraph 2, and Article 7, paragraph 2, 
— the information referred to in Article 6, paragraph 1 
and Article 9, 
— the setting up of a specialist safety and/or health service 
or, where appropriate, the enlistment of an outside 
preventive service as referred to in Article 6, para­
graph 2, 
— the planning and organization of the training referred to 
in Article 11. 
2. The consultation referred to in paragraph 1 may be 
restricted to the workers' representatives with specific 
responsibility for the protection of the safety and health of 
workers, on condition that there are enough of them. Consultation and participation of workers 
1. Employers must work closely with workers and their 
representatives on all questions involving safety and health 
protection at work. 
This shall involve in particular: 
— consultation of workers, 
— the right of workers and their representatives to act on 
their own initiative, 
— balanced participation in accordance with national 
practice and/or legislation. 
2. Workers and/or their representatives with specific 
responsibility for safety and health shall be consulted in 
advance by the employer with regard to: 
— any measure which may substantially affect health and 
safety, 
— the designation of persons referred to in Articles 6(2) 
and 7(2), 
— the information referred to in Articles 6(1) and 9, 
the setting up of a specialist safety and/or health service 
or, where appropriate, the enlistment of an outside 
preventive service as referred to in Article 6(2), 
— the planning and organization of the training referred to 
in Article 11. 
3. (Formerly 2) 
The consultation referred to in paragraph 2 may be 
restricted to the workers' representatives with specific 
responsibility for the protection of the safety and health of 
workers, on condition that there are enough of them. 
4. Workers and/or their representatives shall have the 
right to call in the authority responsible for safety and 
health protection at work to make inspections or lend 
support if they feel that the measures taken and the 
resources deployed by the employer are inadequate to 
guarantee safety and health protection at the workplace. 
Workers' representatives shall attend all visits and 
inspections conducted by the responsible authority. 
6. 2. 89 Official Journal of the European Communities No C 30/29 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
3. Workers and workers' representatives with specific 
responsibility for the protection of the safety and health of 
workers shall not be placed at any disadvantage as a result 
of such activities. 
4. The employer shall ensure that workers' representa­
tives with specific responsibility for the protection of the 
safety and health of workers are allowed time off work 
without loss of pay and are provided with the necessary 
equipment to enable them to fulfil their obligations arising 
from this Directive. 
Training of workers 
Article 11 
1. The employer shall ensure that each worker receives 
adequate safety and health training specific to his 
workstation or job: 
— on recruitment, 
— in the event of a transfer or change of job, 
— in the event of a change in the work equipment. 
The training shall be adapted to take account of new or 
changed risks. 
2. The training referred to in paragraph 1 shall also be 
given, under the same conditions, to temporary workers 
present in the undertaking or establishment. The employer 
shall also ensure that workers from outside firms engaged 
in work in the undertaking and/or establishment have 
received training from their own firms appropriate to the 
work in which they are engaged. 
3. Workers' representatives with specific responsibility 
for the protection of the safety and health of workers shall 
be entitled to appropriate training. 
4. The training referred to in paragraphs 1, 2 and 3 shall 
be provided during working hours and shall not be at the 
expense of the workers. 
5. Member States: 
— shall ensure that guidelines are drawn up concerning the 
content and duration of the training courses provided 
for in paragraphs 1 and 3, AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
5. Workers and their representatives shall not be 
penalized in any way as a result of their activities in the field 
of safety and health protection at work. 
6. The employer shall be obliged to grant workers' 
representatives sufficient time off work without loss of pay 
and shall provide them with the necessary resources to 
enable them to exercise their rights and fulfil their 
obligations arising from this Directive. 
1. (Start unchanged) 
— before the introduction of new technologies. 
The training shall be repeated periodically and shall be 
adapted to take account of new or changed risks. 
2. The training referred to in paragraph 1 shall also be 
given, under the same conditions, to temporary and 
subcontracted workers present in the undertaking or 
establishment. The employer shall also ensure that workers 
from outside firms engaged in work in the undertaking 
and/or establishment have received training from their own 
firms appropriate to the work in which they are engaged. 
(Rest unchanged) 
— shall establish general rules concerning the conditions 
under which this training shall be provided. 
No C 30/30 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
Obligations on workers 
Article 12 
1. It shall be the duty of each worker during his working 
hours to take reasonable care of his own safety and health 
and that of all other persons affected by his actions or 
omissions at work. 
2. To this end, workers must: 
— make correct use of machinery, apparatus, tools, 
dangerous substances, transport equipment and other 
means of production; 
— make correct use of the personal protective equipment 
supplied to them and, after use, return it to its proper 
place; 
— refrain from changing or removing unnecessarily safety 
devices fitted to tools, pieces of apparatus, etc., and use 
such devices correctly; 
— notify the employer immediately of any safety and/or 
health hazards which they have noticed; 
— cooperate with their employer for as long as necessary 
in order to fulfil any tasks or requirements imposed by 
the responsible authority to protect the safety and 
health of workers; 
— perform their tasks in accordance with the safety and 
health training and instructions they have received; 
— cooperate in ensuring that the working environment 
and working conditions are safe and pose no risk to 
safety and health within their field of activity, and 
monitor the effectiveness of the safety and health 
measures taken. 
Article 13 
The Council, acting on proposals from the Commission, 
shall adopt individual Directives laying down specific 
provisions concerning chiefly the technical areas listed in 
Annex I. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
1. It shall be the duty of each worker, in accordance with 
the instructions given by the employer, to take care of his 
own safety and health and the safety and health of all other 
persons affected by his actions or omissions at work. 
2. (Start unchanged) 
— refrain from putting out of operation, changing or 
removing unnecessarily safety devices fitted to tools, 
pieces of apparatus, machinery, plant and buildings and 
use such devices correctly; 
— immediately notify the employer and/or the persons 
responsible for safety and health at the workplace of any 
safety and/or health hazards which they have noticed 
and of any defect which they have noticed in the systems 
of protection; 
— cooperate with their employer and/or with the persons 
responsible for health and safety at work for as long as is 
necessary in order to fulfil any tasks or requirements 
imposed by the responsible authority to protect the 
safety and health of workers; 
(Unchanged) 
— cooperate in ensuring that the working environment 
and working conditions are safe and pose no risk to 
safety and health within their field of activity. 
Article 12a 
1. Particularly high-risk groups, such as pregnant women 
and nursing mothers, must be protected against the dangers 
which specifically affect them. 
2. Measures must be taken to ensure that disabled 
workers can perform their work without additional strain 
or risk. 
1. The Council, acting on proposals from the Commis­
sion based on Article 118A of the EEC Treaty, shall adopt 
individual Directives, specifically in the areas referred to in 
the Annex 1. 
6. 2. 89 Official Journal of the 
ORIGINAL COMMISSION PROPOSAL 
[COM (88) 73 final] 
Article 14 
For the purposes of adapting this Directive and the 
Directives provided for in Article 13 under the conditions 
specified in each of them, to take account of 
— the adoption of Directives in the field of technical 
harmonization and standardization, 
— technical progress, changes in international regulations 
or specifications, and new findings, 
the Commission shall be assisted by a committee composed 
of the representatives of the Member States and chaired by 
the representative of the Commission. 
The representative of the Commission shall submit to the 
committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft within a 
time limit which the Chairman may lay down according to 
the urgency of the matter. The opinion shall be delivered by 
the majority laid down in Article 148 (2) of the Treaty in the 
case of decisions which the Council is required to adopt on 
a proposal from the Commission. The votes of the 
representatives of the Member States within the committee 
shall be weighted in the manner set out in that article. The 
Chairman shall not vote. 
The Commission shall adopt the measures envisaged if they 
are in accordance with the opinion of the committee. 
If the measures envisaged are not in accordance with the 
opinion of the committee, or if no opinion is delivered, the 
Commission shall, without delay, submit to the Council a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. European Communities No C 30/31 
AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
Without prejudice to the procedure described in Article 14 
concerning technical adaptations, amendments to this 
Directive and to the individual Directives shall be made 
following the procedure described in Article 118A of the 
EEC Treaty. 
2. The provisions of this Directive shall apply in full to all 
the areas covered by the individual Directives referred to in 
paragraph 1, without prejudice to more stringent and/or 
specific provisions contained in the individual Directives. 
1. If the Commission considers that technical adaptations 
need to be made to this Directive and to the individual 
Directives referred to in Article 13, to take account of: 
— the adoption of Directives in the field of technical 
harmonization and standardization, and/or, 
— technical progress, changes in international regulations 
or specifications, and new findings, 
these adaptations, of a strictly technical nature, shall be 
adopted in accordance with the procedure referred to in 
paragraph 2. 
2. For the purpose of making the technical adaptations 
referred to in paragraph 1, the Commission shall be 
assisted by a Committee composed of the representatives of 
the Member States and chaired by the representative of the 
Commission. The representative of the Commission shall 
submit to the Committee a draft of the measures to be 
taken. The Committee shall deliver its opinion on the draft 
within a time limit which the Chairman may lay down 
according to the urgency of the matter. The opinion shall 
be delivered by the majority laid down in Article 148(2) of 
the Treaty in the case of decisions which the Council is 
required to adopt on a proposal from the Commission. The 
votes of the representatives of the Member States within the 
Committee shall be weighted in the manner set out in that 
article. The Chairman shall not vote. 
The Commission shall adopt the measures envisaged if they 
are in accordance with the opinion of the Committee. 
If the measures envisaged are not in accordance with the 
opinion of the Committee, or if no opinion is delivered, the 
Commission shall, without delay, submit to the Council a 
proposal relating to the measures to be taken. The Council 
shall act by a qualified majority. 
No C 30/32 Official Journal of the European Communities 6. 2. 89 
ORIGINAL COMMISSION PROPOSAL 
[COM(88) 73 final] 
If, on the expiry of the period to be laid down in each act 
adopted by the Council under this paragraph but which 
may not in any case exceed three months from the date of 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. AMENDED COMMISSION PROPOSAL 
FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT 
OF 16 NOVEMBER 1988 
If, on the expiry of a period of three months from the date 
of referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. 
Final provisions 
Article 15 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 1 January 1991 at the latest 
and shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the Commission 
the texts of the provisions of national law which they adopt 
in the field covered by this Directive. 
3. Member States shall report to the Commission every 
two years on the practical implementation of the provisions 
of this Directive, indicating the points of view of employers 
and workers. The Commission shall inform the committee 
and the tripartite committee. 1. (Unchanged) 
2. Member States shall communicate to the Commission 
the texts of the provisions of national law which they 
adopt, as well as those already adopted, in the field covered 
by this Directive. 
3. Member States shall report to the Commission every 
two years on the practical implementation of the provisions 
of this Directive, indicating the points of view of employers 
and workers. 
The Commission shall inform the Council, the European 
Parliament, the Economic and Social Committee and the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work. 
The Commission shall report periodically to the Council, 
the European Parliament and the Economic and Social 
Committee on the implementation of the Directive, taking 
into account the provisions of Article 15(1) and (3). 
Article 16 
This Directive is addressed to the Member States. (Unchanged) 
ANNEX 
LIST OF TECHNICAL AREAS REFERRED TO IN AR­
TICLE 13: 
1. Workplaces 
2. Work equipment 
3. Personal protective equipment 
4. Work with visual display units 
5. Handling of heavy loads involving risk of back injury (Amendment No 103) 
LIST OF TECHNICAL AREAS REFERRED TO IN AR­
TICLE 13: 
1. Workplaces 
2. Work equipment 
3. Personal protective equipment 
4. Work with visual display units 
5. Handling of heavy loads involving risk of back injury 
6. Means of transport 
7. Temporary or mobile work sites 
8. Mining and quarrying 
9. Fishing and agriculture 
10. Nuclear installations