No C 175/22 Official Journal of the European Communities 4. 7. 88 
Opinion on the proposal for a Council Directive on the introduction of measures to encourage 
improvements in the safety and health of workers at the workplace 
(88/C 175/09) 
On 23 March 1988 the Council decided to consult the Economic and Social Committee, 
under Article 118 A of the EEC Treaty, on the abovementioned proposal. 
The Economic and Social Committee decided to appoint Mr Flum as rapporteur with the 
task of preparing its work on the subject. 
At its 255th plenary session (meeting of 28 April 1988), the Committee adopted the following 
Opinion by 93 votes to 49 with 18 abstentions (vote recorded). 
1. General comments 
1.1. The Committee welcomes the Commission's 
proposal: it is important for the protection of worker's 
safety and health and the harmonization and improve­
ment of working conditions in the Member States in 
accordance with Article 118 A of the EEC Treaty. 
1.2. The Framework Directive on measures to 
improve the safety and health of workers at the work­
place is considered by the Committee to be an important 
instrument, in connection with the completion of the 
internal market, for putting the humanization of the 
working environment—a vital aspect of social policy— 
on a par with economic harmonization. It will also help 
to reduce social security costs in the Community in the 
medium and long term. Moreover, a decent working 
environment is a sine qua non for effective environmen­
tal protection in general. 
1.3. The Committee agrees that the aim should be 
to provide the same level of health protection for wor­
kers in all undertakings, including the small business 
sector. However, in achieving this aim Member States 
will have to be flexible in order to allow for the differing 
structures of undertakings. They will also have to pro­
vide assistance to small and medium-sized enterprises 
in particular to help them protect the health of their 
workers. This will include advice to employers and 
workers or their representatives. Furthermore, Member 
States should encourage cooperation between undertak­
ings in the field of occupational safety and health. The 
Committee therefore considers that Member States' 
obligations in this area must be specified in the Direc­
tive. Employers should be kept informed by Member 
States of the health risks arising in particular from 
advances in scientific research. 1.4. Apart from marking the first beginnings of occu­
pational safety and health legislation at Community 
level, the Directive is also to act as a Framework Direc­
tive on which all the individual occupational safety and 
health directives will be based. Only a self-contained 
package of this kind can prevent legislation from 
becoming fragmented within the Community and can 
create clear-cut and practical Community safety and 
health provisions. This is a sine qua non for the gradual 
replacement of national legislation by Community legis­
lation in the field of occupational safety and health. 
1.5. However, the proposal will not only help to 
improve the quality of the working environment: it is 
also important as a measure for reducing distortions of 
competition by preventing different health and safety 
rules applying in the Member States also in respect of 
exempting any particular undertaking and/or establish­
ment. 
1.6. The Framework Directive lays down the mini­
mum requirements for occupational safety and health. 
The Committee would urge the Member States not only 
to retain any more far-reaching provisions already on 
their statute books, but also to extend the protection 
of workers' health. 
1.7. The Committee notes that the description of 
Member States' safety and health regulations in the 
Explanatory Memorandum is not complete or up to 
date in some cases. 
2. Comments on the Directive's provisions 
2.1. Article 1 (Object of the Directive) 
The participation of workers should be included in the 
second sentence, which should thus read: 
'The Directive contains general principles con­
cerning in particular the prevention of occu­
pational risks, the protection of safety and 
health and the informing, consultation, partici­
pation and training of workers and their rep­
resentatives, as well as general principles con­
cerning the implementation of such measures.' 
4. 7. 88 Official Journal of the European Communities No C 175/23 
2.2. Article 2 (Definitions) 
The Committee considers that wherever possible the 
same definitions must be used in all the Community 
Directives on occupational safety and health. The defi­
nition of 'worker' in the Framework Directive, for 
example, differs from the one given in the Workplace 
Directive [doc. COM(88) 74] at least in terms of lan­
guage. 
The term 'workplace' should be defined as follows: 
'All places where workers need to be or to go 
by reason of their work and which are under 
the direct or indirect control of the employer.' 
This definition has been taken from the convention of 
the International Labour Organization (ILO) concern­
ing occupational safety and health and the working 
environment. 
The ILO definition of 'worker' should also be used by 
analogy, viz.: 
'AH employed persons, including public 
employees, students undergoing training and 
apprentices.' 
2.3. Article 3 
Since it is such a complicated and difficult matter to 
assess, in particular the key technological, analytical 
and toxicological factors and the aspects of occu­
pational medicine and work organization which are of 
decisive importance for protecting workers' health, the 
tasks to be performed by the Member States in this area 
are inadequately defined in Article 3. The following 
wording, which also embraces the assistance to be given 
to small and medium-sized enterprises in particular, is 
therefore proposed: 
'1. Member States shall adopt the requisite 
measures to ensure that employers, workers 
and workers' representatives comply with those 
provisions of this Directive which apply to 
them. 
2. In particular, Member States shall: 
— specify employers' obligations under this 
Directive in legally binding provisions, 
— monitor observance of the safety and health 
provisions and advise both employers and 
workers or their representatives, 
— establish the institutional machinery for 
implementing the safety and health pro­
visions, e.g. set up centres for performing 
measurements and analyses and assessing 
processes which are harmful to health, 
— encourage cooperation between undertak­
ings in matters relating to occupational 
safety and health.' 2.4. Article 5 (Obligations of the employer) 
2.4.1. Since Article 5 is central to the Directive's 
safety and health provisions, the following para­
graph should be inserted after the first paragraph of 
Article 5 (3)(a): 
'In so doing, the employer shall assess the 
following risks in particular: 
— danger of accidents, 
— substances for use at work with properties 
which present a health hazard, 
— radiation, 
— noise and vibration hazards, 
— stress due to heat, cold, movement of air, 
humidity and lighting, 
— risks related to biotechnological processes 
(including genetic engineering), 
— excessive physical nervous and mental 
strain caused by heavy work, shift work, 
night work, fixed posture, monotonous 
and unvaried work processes, pressure of 
deadlines, high-speed work, working time 
and work organization; 
— multiple stress resulting from a number or 
combination of these risk factors.' 
These details are necessary in order to give a general 
picture of the main health risks associated with the 
specific obligations on employers and thus provide a 
basis for a 'coherent overall prevention policy' within 
the meaning of Article 5 (2). 
2.4.2. Article 5 (3)(f) calls for 'close cooperation' 
between employers and workers in planning and intro­
ducing new technologies. Though this provsion is to be 
welcomed, it would seem to imply that 'old technol­
ogies' do not require close cooperation. It is therefore 
proposed for the sake of legal methodology that the 
provision obliging employers to cooperate closely with 
workers or their representatives be laid down as a 
general principle in Article 10. Similarly, the suitable 
training which workers are to be given in connection 
with the planning and introduction of new technologies 
should be covered by Article 11. 
Article 5 (3)(f) should therefore read as follows: 
'When new technologies are planned and 
introduced, detailed consideration shall be 
given to aspects of workers' safety and health, 
particularly in respect of the choice of equip­
ment and the working conditions, and the 
physical and psycho-social effects of the work­
ing environment on the individual.' 
No C 175/24 Official Journal of the European Communities 4. 7. 88 
2.5. Article 6 (Preventive services) 
2.5.1. The following sentence should be added to 
paragraph 1: 
'The employer shall entrust these workers 
with the powers required to perform their 
duties.' 
This addition ensures that there is no contradiction 
between the duties to be performed and the powers of 
the staff entrusted with these duties. It also makes it 
clear that the staff entrusted with these duties are fulfil­
ling an obligation imposed on the employer. 
2.5.2. Article 6 (5) should read as follows: 
'Member States shall determine in the light of 
undertakings' size and risk levels the cases in 
which the employer may himself take 
responsibility for the measures referred to in 
paragraph 1 provided he is competent and this 
is compatible with the protection of workers' 
health.' 
The new text makes risk assessment the key criterion 
for this provision and also ensures an expert appraisal 
of special hazards. The latter is necessary, for example, 
when complicated measurements have to be performed 
and when toxicological questions have te be considered. 
Here Member States will be obliged to provide under­
takings with institutional backing-up {cf. comments on 
Art. 3). 
2.6. Article 7 
The following should be added to paragraph 3 in keep­
ing with Article 13 of the ILO convention concerning 
occupat'onal safety and health and the working 
environment: 
'A worker who has removed himself from a 
work situation which he has reasonable justifi­
cation to believe presents an imminent and 
serious danger to his life or health shall be 
protected from undue consequences in accord­
ance with national conditions and practice.' 
2.7. Article 8 (Information to be held) 
Article 8 should be entitled 'Undertakings' occupational 
safety and health programmes' as this reflects the con­
tent of the Article. 
2.7.1. Paragraph 1 should read as follows: 
'1. The employer shall be obliged to draw 
up for his undertaking an occupational safety 
and health programme which embraces the 
following: 
a) Registration of illness-inducing factors 
and accident hazards, including the 
measurement and assessment of risks; b) Production of a list of accidents and occu­
pational diseases which have damaged 
workers' health; 
c) Production of a report indicating the 
causes and the measures taken or to be 
taken in connection with accidents and 
occupational diseases which result in or 
may result in a reduction in earning 
capacity; 
d) Laying down of short, medium and long-
term protective measures.' 
2.7.2. Paragraph 2 should read as follows: 
'2. Member States shall determine in the 
light of undertakings' size and risk levels the 
obligations incumbent on undertakings to 
draw up the document specified in para­
graph 1.' 
This will enable Member States to cater in particular 
for the special features of small and medium-sized enter­
prises. 
2.8. Article 9 (Information of workers) 
2.8.1. Workers or workers' representatives with 
specific responsibility for the protection of the safety 
and health of workers should be granted the right to 
be supplied with full information in paragraph 2, which 
should therefore be replaced by the following text: 
'Workers or workers' representatives with 
specific responsibility for the protection of the 
safety and health of workers shall have access 
to all the information related to this task, 
including information from inspection 
agencies and bodies responsible for safety and 
health.' 
2.9. Article 10 (Consultation of workers) 
2.9.1. Article 10 should be entitled: 'Worker consul­
tation and participation'. 
2.9.2. The following principle should be laid down 
at the start of Article 10: 
'1. Employers must cooperate closely with 
workers or workers' representatives with 
specific responsibility for safety and health.' 
This generalizes the idea of close cooperation which is 
to be found in Article 5 (3)(f). 
2.9.3. Paragraph 1 should become paragraph 2, etc. 
It should also be stated in the new paragraph 2 that 
workers have a right to be consulted on all the pro-
4. 7. 88 Official Journal of the European Communities No C 175/25 
visions which oblige employers to take preventive 
action (i.e. Art. 5 to 10, 11 and 12). 
2.9.4. The Committee proposes that Article 10 (4) 
of the Commission's proposal be amended to read: 
'4. The employer shall ensure that workers' 
representatives with specific responsibility for 
the protection of the safety and health of 
workers are allowed the necessary time off 
work without loss of pay ...' 
2.10. Article 11 (Training of workers) 
The last sentence in the non-English versions of para­
graph 1 should be brought into line with the English 
version, i.e.: 
'The training shall be adapted to take account 
of new or changed risks.' 
This ensures that up-to-date training will be given to 
workers who, for example, have been unable to work 
for a long period and thus have gaps in their knowledge. 
2.10.1. Article 11 should read: 
'The employer shall ensure that each worker 
receives adequate safety and health instruc­
tion and necessary training specific to his 
workstation of job.' 
2.11. Article 12 (Obligations on workers) 
2.11.1. The following clarification should be added 
to paragraph 1: 
'1. In accordance with his employers' 
instructions the worker shall be obliged dur­
ing his working hours to take care of his 
own safety and health and that of all other 
persons affected by his actions or omissions 
at work.' 
2.11.2. The latter part of the last indent in para­
graph 2 ('and monitor the effectiveness of the safety 
and health measures taken') should be deleted, as this 
is clearly the duty of the employer. 
Done at Brussels, 28 April 1988. 2.12. Article 14 
It should be specified that the Advisory Committee on 
safety, hygiene and health protection at work should 
be included in these consultations, thereby ensuring 
that the two sides of industry are involved, as they must 
be. Both the Committee and the European Parliament 
should be consulted on any amendments to the Direc­
tive. 
2.13. Article 15 (Final provisions) 
The Economic and Social Committee and the European 
Parliament should be included in the institutions to be 
informed in paragraph 3. 
2.14. Annex I 
2.14.1. The main risk areas should be added to the 
list given in Annex I. In particular, building sites and 
means of transport should be included, since they are 
both excluded from the field of application of the 
Workplace Directive. 
2.14.2. Since this Directive is to be a Framework 
Directive for all of the Community's occupational safety 
and health legislation, all Community Directives 
already in force in this field should be adapted to 
the Framework Directive via Annex I. This applies in 
particular to the Directive on exposure to chemical, 
physical and biological agents at work (80/1107/EEC 
of 27 November 1980). 
2.14.3. Finally, the Committee proposes that a Direc­
tive on the handling of heavy loads should cover not 
only the risk of back injury, but also all other health 
risks, e.g. diseases of the joints. It is necessary for the 
sake of occupational medicine and general prevention 
to widen the scope of this Directive. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT 
No C 175/26 Official Journal of the European Communities 4. 7. 88 
APPENDIX 1 
to the Opinion of the Economic and Social Committee 
The following amendments, which received at least one quarter of the votes cast, were rejected in the course 
of the discussions: 
Point 1.1. 
Modify the first sentence as follows: 
'The Committee regards the Commission's proposal as important for the protection of workers' safety...' 
Reason 
Self-explanatory. 
Voting 
For: 36, against: 87, abstentions: 7. 
Point 2.4.1. 
Delete the last part of the 7th indent, i.e. 'monotonous (...) work organization'. 
Reason 
Self-evident. 
Voting 
For: 44, against: 72, abstentions: 9. 
Point 2.4.3. 
Delete the whole paragraph and replace by: 
'The Committee does not agree with the Commission's text in Article 5 (3)(d) and 3 (e),' 
Reason 
Paragraphs 3 (d) and 3 (e) concern general working conditions and have nothing specifically to do with safety 
and health. 
Voting 
For: 50, against: 70, abstentions: 10. 
Point 2.5.1. 
The first part of this point to read as follows: 
'The first paragraph of Article 6 should be reworded as follows: 'The employer shall designate from the 
supervisory staff one or more workers to be responsible for the implementational aspects of measures for 
the prevention of occupational risks in the undertaking and/or establishment.' 
4. 7. 88 Official Journal of the European Communities No C 175/27 
Reasons 
The same as for the previous amendment, backed by increased coherence with the rest of the Opinion, which 
would thus become more soundly argued and free of contradictions. 
Voting 
For: 42, against: 76, abstentions: 10. 
Paragraph 2.7.1. 
In paragraph 1 c), delete 'or may result in'. 
Reason 
The obligation to report should be restricted to the facts. 
Voting 
For: 39, against: 71, abstentions: 11. 
Point 2.8.1. 
Delete. 
Reasons 
The text of the draft Directive is more appropriate, more realistic and more consistent with the text as a 
whole. 
Voting 
For: 35, against: 68, abstentions: 13. 
Point 2.14.1. 
Delete. 
Reasons 
Given the nature of the Framework Directive, the general annex proposed by the Commission seems more 
appropriate. 
Voting 
For: 52, against: 75, abstentions: 8. 
No C 175/28 Official Journal of the European Communities 4. 7. 88 
APPENDIX 2 
to the Opinion of the Economic and Social Committee 
The following members, present or represented, voted for the Opinion: 
Mr/Miss/Mrs Alexopoulos, Ataide, Beretta, Black, Bleser, Boddy, Boisseree, Breyiannis, Brigani, Burnel, 
Lobo-Brandao R. Cal, Calvet-Chambon, Carroll, Cavazzuti, Ceballo-Herrero, Christie, Alves-Conde, Cortois, 
Curlis, van Dam, Dassis, von der Decken, Delhomenie, Delia Croce, Dos Santos, Drilleaud, van Eekert, 
Elstner, Etty, Eulen, Flum, Forgas, Frandi, Gayetot, Geuenich, Glesener, Gomez-Martinez, Goris, Gredal, 
Haas, Hagen, Hammond, Hilkens, Houthuys, Horsken, Jenkins, Kitsios, Laka-Martin, Landaburu, Larsen, 
Laur, Lojewski, Luchetti, Maddocks, Mantovani, Margalef-Masia, Meyer-Horn, Morselli, Mourgues, Muhr, 
Muniz-Guardado, Murphy, Nielsen P., Nierhaus, Nieuwenhuize, Orsi, Proenca, Pronk, Quevedo-Rojo, 
Raftopoulos, Rangoni-Machiavelli, Roseingrave, Rouzier, Saiu, Salomone, Santillan-Cabeza, Schmitz, 
Schopges, Serra-Carracciolo, Silva, Smith A., Smith L., Spiers, Spijkers, Stadelin, Tiemann, Vanden Broucke, 
Vassilaras, Velasco-Mancebo, Vercellino, Vidal, Yverneau, Zufiaur-Narvaiza. 
The following members, present or represented, voted against the Opinion: 
Mr/Miss/Mrs Aparicio-Bravo, Arets, Bernasconi, Berns, Bredima-Savopoulou, Broicher, Ceyrac, Clavel, 
Colle, Coyle, Donck, Dunet, Giacomelli, Green, Hancock, Kaaris, Kazazis, Kelly, Kenna, Lancastre, Low, 
Machado von Tschusi, Martin-Almendro, Marvier, Masprone, Moreland, Neto Da Silva, Noordwal, de 
Normann, Pardon, Pearson, Pelletier, Perrin-Pelletier, Petersen, Poeton, Proumens, Rea, Ribiere, Rolao-
Goncalves, Romoli, Schade-Poulsen, Storie-Pugh, Strauss, Termes-Carrero, Tixier, Tukker, Wagner, Wick, 
Withworth. 
The following members, present or represented, abstained: 
Mr/Miss/Mrs Arena, Aspinall, Bagliano, Campbell, De Tavernier, Dodd, Drago, Droulin, Fresi, Gardner, 
Hovgaard-Jakobsen, Jaschick, Mainetti, Nugeyre, Robinson, Solari, Tamlin, Williams. 
Opinion on the proposal for a Council Directive concerning the minimum safety and health 
requirements for the workplace (First individual Directive within the meaning of Article 13 
of Directive COM(88) 73 final) 
(88/C 175/10) 
On 23 March 1988 the Council decided to consult the Economic and Social Committee, 
under Article 118 A of the EEC Treaty, on the abovementioned proposal. 
The Economic and Social Committee decided to appoint Mr Flum as rapporteur-general 
with the task of preparing its work on the subject. 
At its 255th plenary session (meeting of 28 April 1988), the Economic and Social Committee 
adopted the following Opinion by 58 votes to 11 with 13 abstentions. 
1. General comments 2. Comments on the individual provisions 
The Committee welcomes the Commission's proposed 
Directive on minimum safety and health requirements 
for the workplace (Workplace Directive) which is 
necessary to give practical effect to the Framework 
Directive on the introduction of measures to encourage 
improvements in the safety and health of workers at 
the workplace. 2.1. Article 1 (Subject) 
The Committee expresses the expectation that means 
of transport and temporary or mobile work sites, as 
two significant risk areas for the safety and health of 
workers, will be the subject of individual Directives 
within the meaning of Annex 1 of the Framework 
Directive. The Commission is urged to submit drafts.