No C 305/12 Official Journal of the European Communities 5. 12. 90 
Amendment to the proposal for a Council Directive supplementing the measures to encourage 
improvements in the safety and health at work of temporary workers (') 
COM(90) 533 final — SYN 281 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 7 November 
1990) 
(90/C 305/07) 
(') OJ No C 224, 8, 9. 1990, p. 6. 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
First and second recitals unchanged 
Third recital 
Whereas recourse to forms of employment such as Whereas recourse to temporary employment has 
temporary employment has increased considerably; increased considerably in recent years and will increase 
still further; 
Recital 4 becomes Recital 1 1 
Recital 5 becomes Recital 4 
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, nevertheless, temporary workers are subject to 
greater risks than other workers, as shown by the stat­
istics on accidents at work and occupational diseases; 
Recital 6 
(new) 
Whereas these extra risks are largely related to the 
temporary nature of the employment relationship and the 
particular arrangements which therefore apply within the 
undertaking; 
Recital 7 and 8 unchanged 
Recital 9 
(new) 
Whereas the special nature of these risks therefore 
requires the introduction of special regulations; 
Recital 9 becomes Recital 10 
Recital 1 1 is previous Recital 4 
Last Recital unchanged 
Article 1 unchanged 
5. 12. 90 Official Journal of the European Communities No C 305/13 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Article 2 
1st paragraph is unchanged 
Paragraph 2 
(new) 
The existence of a temporary employment contract or 
terms of employment shall not justify different treatment 
with respect to working conditions as regards the 
content or difficulty of the work, the safety of the work 
and health protection, access to personal safety 
equipment, the working environment and pattern, 
including the arrangements for fixing working hours. 
Paragraph 2 becomes paragraph 3 
Article 3 unchanged 
Article 4 unchanged 
Article 5 
Member States shall ensure that, before a temporary 
worker takes up any activity requiring special occu­
pational qualifications or skills or special medical super­
vision, he is informed by the user employer of the risks 
he faces and, if necessary, receives appropriate training. Member States shall 
worker takes up any ensure that, before a temporary 
activity requiring special occu­
pational qualifications or skills or special medical super­
vision, he is informed by the user employer of the risks 
he faces. 
Article 6 
(new) 
In cases referred to under the foregoing Article, the 
worker must undergo training appropriate to his or her 
needs, taking into account his or her qualifications and 
experience. If the job is dangerous, either in the short or 
long term, training shall be compulsory. 
Article 6 becomes Article 7 
Previous Article 7 becomes Article 10 
Article 8 
(new) 
The body or person within or outside an undertaking 
responsible for checking adherence to health and safety 
regulations shall be informed of the assignment of 
atypical workers to jobs which may involve risk. 
No C 305/14 Official Journal of the European Communities 5. 12. 90 
ORIGINAL PROPOSAL MODIFIED PROPOSAL 
Article 9 
(new) 
Final Provisions 
This Directive shall not affect Member States' ability to 
apply or introduce laws, regulations or administrative 
provisions more favourable to employed persons. 
Article 10 is previous Article 7 
Article 11 
(new) 
The Member States shall, within a period of two years 
from the expiry of the period laid down in Article 10 (1), 
forward to the Commission all the information it 
requires to draw up a report, to be submitted to the 
Council and the European Parliament, on the implemen­
tation of this Directive. 
Article 12 
(new) 
The Commission shall submit to the European 
Parliament, the Council and the Economic and Social 
Committee a regular report on the implementation of 
this Directive, having regard to Articles 10 and 11. 
Previous Article 8 becomes Article 13