No C 318/30 Official Journal of the European Communities 12. 12. 88 
Opinion on the proposal for a Council Directive concerning the minimum health and safety 
requirements for the use by workers of personal protective equipment (*) 
(88/C 318/12) 
On 23 March 1988 the Council decided to consult the Economic and Social Committee 
under Article 118 A of the Treaty establishing the European Economic Community on the 
abovementioned proposal. 
The section for social, family, educational and cultural affairs, which was responsible for 
preparing the Committee's work on the subject, adopted its Opinion on 15 September 1988, 
in the light of the report by Mr Schade-Poulsen, rapporteur, and Mr Aspinall, co-rapporteur. 
At its 258th plenary session (meeting of 28 September 1988) the Economic and Social 
Committee adopted the following Opinion by a majority vote in favour and 2 votes against, 
with 3 abstentions. 
1. General comments 
1.1. In line with its earlier endorsement of the draft 
'Framework' Directive (2), the Committee welcomes the 
Commission proposal which is likewise considered as 
a first valuable step at EC level towards improving the 
safety and health of workers, in this case as regards the 
use of personal protective equipment. 
1.2. The Committee notes that the proposal is linked 
to the draft Directive on the approximation of personal 
protective equipment, introduced under Article 100 A 
of the Treaty which aims to establish an 'internal 
market' and which also requires the Commission to 
'take as a base a high level of protection' in its proposals 
concerning health and safety. 
The current proposal is based on Article 118 A of the 
Treaty which aims at harmonizing conditions in the 
working environment 'while maintaining the improve­
ments made'. In this connection, the involvement of 
the social partners, together with the development of 
appropriate collective or professional agreements and 
the implementation of additional measures provided 
for by the Directive, are all important. 
1.3. It must also be stressed that risk prevention at 
the workplace remains a priority. This means avoiding 
or overcoming risks in the first place through collective 
and organizational means and methods, as set out in 
the proposal and explained in more detail in the 'Frame­
work' Directive and in the 'First Individual' Directive 
on safety and health requirements for the workplace (3). 
1.4. Both risk prevention and the optimal use of 
personal protective equipment require clear, under-
(') OJNoC 161,20.6. 1988, p. 1. 
(2) See Committee Opinion (OJ No C 175, 4. 7. 1988, p. 22-28) 
on the 'Framework' Directive. 
(3) See Committee Opinion (OJ No C 175, 4. 7. 1988, p. 28-29). standable and up-to-date information and continuous 
training, for management and the workforce. This is 
especially the case as regards small and medium-sized 
undertakings which are increasingly widespread but 
sometimes under-resourced. The Commission might 
therefore consider providing special assistance to this 
category, and for the involvement of employers and 
workers in general, along the following lines: 
— diffusion of Community information brochures and 
checklists on risk-assessment at the workplace and 
on the appropriate use and quality of protective 
equipment (building on the information appended 
to the draft Directive), 
— promotion of relevant EC-sponsored training 
courses, distance and programmed learning 'packs', 
pilot projects, etc., 
— EC aid and guidance in training specialized person­
nel and in developing preventive group occupational 
medical services in this field. 
1.5. In all this, the implementation stage of the Direc­
tive should be seen as an on-going process, monitoring 
progress made in the Member States, promoting 
additional measures in the light of proposals expressed 
by employers' and workers' representative organiz­
ations, and continuing to improve norms, especially 
where technical progress has been made or approxi­
mation has developed between the Member States, as 
set out in the parallel draft Directive on technical norms. 
2. Specific comments 
2.1. Articles 1 and 3 might usefully refer to Articles 
5 and 6 of the 'Framework' Directive and to the 'First 
Individual' Directive as a whole in order to clarify 
the priority given to avoiding or overcoming risks by 
collective means of protection. 
12. 12. 88 Official Journal of the European Communities No C 318/31 
2.2. The definitions of 'workplace' and 'worker' 
given in Article 2 should be modified so as to conform 
to recognized definitions of the International Labour 
Organization (ILO), as already proposed by the Com­
mittee in its Opinion on the 'Framework' Directive (1). 
The Committee also urges the Commission to introduce 
in the near future specific Directives dealing with ser­
vices and agencies excluded under Article 2, especially 
as regards equipment used by emergency and rescue 
services. 
2.3. Article 3 should be modified to read as follows: 
'Personal protective equipment shall be readily available 
and be used ...'. Translation of this article also needs 
revision. 
2.4. The last two indents of Article 4 should be 
modified to read as follows: 
'— take account of the worker's known state of 
health, 
— if possible, incorporate components which can 
be used and adjusted by the operator when required, 
in accordance with Articles 5 and 12 of the 'Frame­
work' Directive.' 
2.5. With regard to the assessment of personal pro­
tective equipment proposed under Article 5 and based 
on the guidelines appended to the Directive, it might 
be borne in mind that such equipment does not always 
guarantee protection. For example, in the case of 'pro­
tective clothing'—i.e. 'clothing to provide protection 
from chemicals' or from 'radioactive contamination'— 
the risk remains of workers being exposed to such 
contamination on the protective clothing itself when it 
is removed. 
Article 5 should also state that, when choosing personal 
protective equipment, the employer needs to cooperate 
closely with the workers and/or their representatives as 
required under Articles 5 f, 9 and 10 of the 'Framework' 
Directive. 
Article 5 (1) (a) should be modified to read as follows: 
'(a) Analysis of risks which cannot reasonably be 
avoided...' 
(') Committee Opinion (OJ No C 175, 4. 7. 1988, p. 22), op. cit., 
point 2.2. 
Done at Brussels, 28 September 1988. 2.6. It should be noted that the Framework Regu­
lations proposed in Article 6, to be established by 
individual Member States, both indicate the flexible 
nature of the Directive and will also constitute a vital 
means for identifying the circumstances, activities and 
sectors of activity in which personal protective equip­
ment is needed and which might require additional 
measures and attention as provided for by the Directive. 
With regard to Article 6.3, the proposal should stress 
that all relevant national organizations officially repre­
senting management and workers are to be consulted 
by the Member States. 
2.7. Article 7.1 should be modified in order not to 
give the impression that the list of measures to be 
implemented through collaboration between the 'social 
partners' is exhaustive. It also needs to make explicit 
that workers should be involved regarding decisions 
not to take collective measures of protection. 
Article 7.2 should make it clear that the employer's 
responsibility in question is that of taking the necessary 
measures for the protection of the safety and health of 
workers, as set out in Article 5.1 of the 'Framework' 
Directive. 
The requirements under Article 7.3 should be consistent 
in all language versions, in compliance with the original 
(French) text. 
2.8. As already stated in its Opinion on the 'Frame­
work' Directive, the Economic and Social Committee, 
as well as the European Parliament, ought to be consult­
ed on any amendments to the Directive and be kept 
informed at the practical implementation stage 
described in Articles 8 and 9. 
2.9. The Annexes to the Directive should be con­
sidered as useful guidelines and should be kept under 
constant review, in accordance with Article 6. 
In this connection, whilst recognizing that Annex II 
provides a non-exhaustive list, the Committee would 
recommend the inclusion of other examples such as 
visors for eye and face protection, elbow pads for arm 
protection, localized skin protection (e.g. adhesive tape 
or plaster), protective clothing for medical, laboratory 
and first aid services, etc. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT