No C 224/8 Official Journal of the European Communities 8. 9. 90 
Proposal for a Council Directive supplementing the measures to encourage improvements in the 
safety and health at work of temporary workers 
COM(90) 228 final — SYN 281 
(Submitted by the Commission on 29 June 1990) 
(90/C 224/06) 
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 proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 118a of the EEC 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, pursuant to Article 118a of the Treaty, such 
Directives must avoid imposing administrative, financial 
and legal constraints which would hold back the creation 
and development of small and medium-sized under­
takings; 
Whereas recourse to forms of employment such as 
temporary employment has increased considerably; 
Whereas special attention should be paid to ensure that 
such employees receive appropriate training as regards 
the occupational risks peculiar to the undertaking 
concerned; 
Whereas research results show that in general temporary 
workers are more exposed to the risk of accidents at 
work and occupational diseases than other workers; 
Whereas the Directives on health and safety, notably 
Council Directive 89/391 /EEC ('), contain provisions 
intended to improve the health and safety of workers in 
O OJ No L 183, 29. 6. 1989, p. 1. general; whereas further provisions are necessary to 
cover the specific situation of temporary workers; 
Whereas certain work requires special medical super­
vision over a long period; whereas it should therefore be 
prohibited for temporary workers, save in exceptional 
circumstances, the workers concerned being afforded in 
that case medical supervision beyond the term of their 
contracts; 
Whereas, in order to ensure a better level of protection, 
information and training must enable the temporary 
workers (and also the workers' representatives within the 
undertaking) to know and appreciate the risks for health 
and safety to which they are exposed at work and the 
measures required to reduce or eliminate those risks; 
Whereas, whatever the temporary worker's employment 
relationship, it is the employer making use of his services 
who must be responsible for applying the rules on safety 
and health; 
Whereas this Directive constitutes a practical step within 
the framework of the attainment of the social dimension 
of the internal market, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
This Directive concerns temporary employment 
relationships in the form of: 
(a) employment governed by a fixed-duration contract 
— including seasonal work — concluded directly 
between the employer and the employee, where the 
end of the contract is established by objective 
conditions such as: reaching a specific date, 
completing a specific task or the occurrence of a 
specific event; 
(b) temporary employment covering any relationship 
, between the temporary employment business which 
is the employer and its employee, where the latter 
8. 9. 90 Official Journal of the European Communities No C 224/9 
has no contract with the undertaking where he 
performs his activities. 
Article 2 
The purpose of this Directive is to ensure that, for the 
duration of the work performed in an undertaking 
and/or establishment making use of the services of the 
temporary worker, such worker is afforded, as regards 
health and safety at work, the same conditions as those 
of other workers in that undertaking and/or estab­
lishment, account being taken of particular situations. 
Directive 89/391/EEC and the individual Directives 
within the meaning of Article 16 (1) thereof shall apply 
in full to the entire field referred to in the preceding 
paragraph, without prejudice to more binding and/or 
more specific provisions set out in this Directive. 
Article 3 
Member States shall ensure that the assignment contract 
linking the user to the temporary employment business 
specifies the occupational qualification required, the 
place of work, the hours of work, the specific features of 
the job to be filled and, in particular, whether the job 
falls within the category of major risks as defined in 
national legislation. 
All these facts shall be brought to the knowledge of the 
workers concerned. 
Article 4 
Member States shall ensure, without prejudice to the 
liability of the temporary employment business, that the 
undertaking and/or establishment making use of the 
services of a temporary worker is responsible for the 
duration of the assignment for the conditions governing 
performance of the work which are applicable thereto. For the application of the preceding paragraph, the 
conditions governing the performance of the work shall 
be limited to those connected with safety, health and 
hygiene at work. 
Article 5 
Member States shall ensure that, before a temporary 
worker takes up any activity requiring special occupa­
tional qualifications or skills or special medical super­
vision, he is informed by the employer making use of his 
services of the risks he faces and, if necessary, receives 
appropriate training. 
Article 6 
Member States shall ensure that temporary workers are 
not used for work requiring special medical supervision 
over a long period. However, in certain exceptional cases 
requiring medical supervision over a long period, 
temporary workers may be used but in such a case the 
Member States shall ensure that the latter are afforded 
medical supervision beyond the term of their contract. 
Article 7 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 31 December 1992 at the 
latest. They shall forthwith inform the Commission 
thereof. 
The provisions adopted pursuant to the preceding 
subparagraph shall make express reference to this 
Directive. 
2. Member States shall forward to the Commission 
the texts of the provisions of national law which they 
have already adopted or adopt in the field covered by 
this Directive. 
Article 8 
This Directive is addressed to the Member States.