No C 115/34 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Article 10 
This Directive is addressed to the Member States. 
ANNEX I 
ANNEX II 
ANNEX III 
ANNEX IV The Commission shall inform the Council, the European 
Parliament, the Economic and Social Committee, the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work, and the Committee provided for in 
Article 17 of the Directive referred to in Article 1 (1) of this 
Directive. 
4. The Commission shall report periodically to the 
Council, the European Parliament and the Economic and 
Social Committee on the implementation of the Directive in 
the light of paragraphs 1 to 3. 
(unchanged) 
(unchanged) 
(unchanged) 
(unchanged) 
Amended proposal for a Council Directive concerning safety and health requirements for the 
workplace (]) 
COM(89) 86 final — SYN 124 
(First individual Directive falling within the terms of Article 16 of Directive...) 
(Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty 
on 22 March 1989) 
(89/C 115/03) 
OJ No C 141, 30. 5. 1988, p. 6. 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL (*) 
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, 
drawn up after consultation with the Advisory Committee 
for Safety, Hygiene and Health Protection at Work, 
Having regard to the opinion of the Economic and Social 
Committee, 
In cooperation with the European Parliament, 
Whereas Article 118A of the EEC Treaty provides that the 
Council shall issue Directives containing minimum 
requirements designed to encourage improvements, espe­
cially in the working environment, as regards the health 
and safety of workers; 
Whereas Article 118A also recommends that Directives 
shall avoid imposing administrative, financial and legal 
constraints which would hold back the creation and 
development of SMUs; (unchanged) 
Whereas Article 118A of the EEC Treaty provides that the 
Council shall issue Directives containing minimum 
requirements designed to encourage improvements, espe­
cially in the working environment, which will ensure better 
protection of the safety and health of workers; 
(deleted) 
(!) Following the opinion of the European Parliament of 
16 November 1988. 
8. 5. 89 Official Journal of the European Communities No C 115/35 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
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) 
Whereas the Council Resolution of 21 December 1987 
concerning safety, hygiene and health at the workplace 
noted the Commission's intention to present to it in the 
near future minimum requirements concerning the safety 
and health of workers at work; Whereas the Council, in its Resolution of 21 December 
1987 concerning safety, hygiene and health at work, noted 
the Commission's intention to present to it in the near 
future minimum requirements concerning the organization 
of the workplace; 
Whereas it is incumbent on Member States to ensure the 
safety and health of persons, in particular workers, within 
their national territory; (deleted) 
Whereas the completion of the internal market entails the 
drawing up of Directives based on Article 100A, in 
accordance with the new approach to harmonization and 
standardization, making compliance with essential safety 
requirements for the design, manufacture or construction 
of products a condition for their sale and free movement 
throughout the Community and in view of the fact that 
some of these products have an effect on workplaces; (unchanged) 
Whereas the Member States have very different systems of 
legislation on safety and health at work; 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 
distort competition; (deleted) 
Whereas this Directive is an individual Directive within the 
meaning of Article 16 of the Directive on the introduction 
of measures to encourage improvements in the safety and 
health of workers at work and that therefore the provisions 
of the latter are fully applicable to the field of workplaces, 
without prejudice to more stringent and/or specific 
provisions contained in the present Directive; 
Whereas this Directive constitutes a social complement to 
various technical harmonization Directives designed to 
complete the internal market; 
Whereas compliance with the minimum requirements for 
health and safety at work is essential to ensure the safety 
and health of workers and to promote fair competition; Whereas compliance with the minimum requirements for 
ensuring a better level of safety and health at workplaces is 
essential to ensure the safety and health of workers and 
whereas these requirements are also essential to promote 
fair competition; 
Whereas the minimum requirements for the workplace are 
basically expressed in terms of intended results; whereas, in 
implementation of the new approach to technical harmoni­
zation and standardization, it is desirable to have technical 
reports which provide technical details of the aforesaid 
minimum requirements and give grounds for presumption 
of compliance with those minimum requirements and for 
the aforesaid technical reports to be supplemented in some 
cases by references to measurement methods covered by 
harmonized standards; (unchanged) 
No C 115/36 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL 
Whereas, pending the adoption of technical reports within 
the meaning of this Directive, it is advisable to facilitate 
compliance with the minimum requirements by agreeing to 
continue using national provisions in the interim combined 
with a Community monitoring procedure to ensure that the 
national provisions correspond to the minimum require­
ments laid down by this Directive; whereas, for this 
purpose, the Committee is the most appropriate body to 
assist the Commission in the monitoring at Community 
level of compliance with the national provisions; 
Whereas this Directive is designed to protect the safety and 
health of workers by laying down essential minimum 
requirements, without impeding the retention or institution 
by each Member State of specific measures for safer 
working conditions; 
Whereas it is important to ensure adequate consultation 
with both sides of industry, and in particular with workers' 
organizations, on the technical work relating to this 
Directive; 
Whereas, as is widely practised in the Member States, it is 
advisable to let manufacturers be responsible for comply­
ing with the minimum requirements for the design, 
construction and organization of the workplace or 
elements thereof; 
Whereas it is important to encourage cooperation between 
management and labour with regard to decision making 
and measures concerned with the protection of safety and 
health at the workplace, at all levels; 
Whereas there is a need for a committee to assist the 
Commission in implementing supplementary measures 
provided for by the Directive; 
HAS ADOPTED THIS DIRECTIVE: 
Subject 
Article 1 
1. This Directive, which is an individual Directive within 
the meaning of Article 13 of Directive ..., lays down 
minimum requirements for safety and health at work, as 
defined in Article 2. AMENDED COMMISSION PROPOSAL 
(unchanged) 
(deleted) 
(deleted) 
Whereas, as is widely practised in the Member States, it is 
advisable to let employers be responsible for complying 
with the minimum requirements for the design, construc­
tion and organization of the workplace or elements 
thereof; whereas compliance with the minimum require­
ments may be checked at each of these stages by the public 
authorities; 
(deleted) 
(deleted) 
Whereas, pursuant to Decison No 74/325/EEC (*), the 
Advisory Committee for Safety, Hygiene and Health 
Protection at Work shall be consulted by the Commission 
on the drawing up of proposals in this field, 
1. This Directive, which is an individual Directive within 
the meaning of Article 16 of the Directive on the 
introduction of measures to encourage improvements in 
the safety and health of workers at work, lays down 
minimum requirements for safety and health at the 
workplace, as defined in Article 2. 
(!) O) No L 185, 9. 7. 1974. 
8. 5. 89 Official Journal of the European Communities No C 115/37 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
2. This Directive does not apply to: 
— means of transport, 
— temporary or mobile work sites. 
3. This Directive does not impede the retention or 
institution by each Member State of more stringent 
protection measures for working conditions compatible 
with the Treaty. 
Definitions 
Article 2 (unchanged) 
(deleted) 
3. The provisions of the Directive referred to in 
paragraph 1 are fully applicable to the field defined above, 
without prejudice to more stringent and/or specific 
provisions set out in the present Directive. 
For the purposes of this Directive, the following terms have 
the meanings hereby assigned to them: 
— Workplace 
Any fixed place indended to house permanent work­
stations on the premises or at the site of the undertaking 
and/or establishment, including any room or place 
accessible to a worker. (beginning unchanged) 
Undertaking and/or establishment (deleted) 
A public- or private-sector establishment engaged in 
industrial, agricultural, commercial, administrative, 
service, educational or cultural activities. 
Worker (deleted) 
A person doing work of any sort, including students 
undergoing training and apprentices. 
Workplaces 
Article 3 
1. The Member States shall take all useful measures to 
ensure that the workplaces referred to in Article 1, when 
used as intended and properly maintained, cannot 
adversely affect the safety and health of workers or of other 
persons present. 
2. The Member States shall carry out any necessary 
checks in accordance with paragraph 1. (deleted) 
The Member States shall provide adequate checks and 
supervision to ensure the implementation of this Directive. 
Article 4 
Workplaces designed, constructed, fitted out, com­
missioned or used after the entry into force of this Directive 
must satisfy the minimum safety and health requirements 
set out in Annex I. (unchanged) 
No C 115/38 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Article 5 (unchanged) 
1. The Member States shall presume that any workplaces 
designed, constructed, fitted out or commissioned in 
accordance with the national provisions which take into 
account at least the technical reports for the minimum 
safety and health requirements, the references for which 
have been published in the Official Journal of the European 
Communities, comply with the minimum safety and health 
requirements referred to in Article 4. 
2. The Member States shall forward to the Commission 
the texts of their draft and existing national measures 
which they regard as complying with the technical reports 
referred to in paragraph 1, without prejudice to Council 
Directive 83/189/EEC of 28 March 1983 laying down a 
procedure for the provision of information in the field of 
technical standards and regulations. The Commission shall 
immediately forward these texts to the other Member 
States. In accordance with the procedure provided for in 
Article 9, paragraph 2, it shall notify the Member States of 
the national measures which can enjoy presumption of 
compliance with the minimum safety and health require­
ments. The Commission shall publish the reference for 
such national measures in the Official Journal of the 
European Communities. 
3. In the absence of the technical reports provided for in 
paragraph 1, and as a temporary measure, the Member 
States shall communicate to the Commission the text of 
their draft and existing national measures which they 
regard as fulfilling the minimum safety and health 
requirements listed in Annex I, without prejudice to 
Council Directive 83/189/EEC of 28 March 1983 laying 
down a procedure for the provision of information in the 
field of technical standards and regulations. The Commis­
sion shall immediately forward these texts to the other 
Member States. In accordance with the procedure provided 
for in Article 9, paragraph 2, it shall notify the Member 
States of the measures which can enjoy presumption of 
compliance with the minimum safety and health require­
ments. The Commission shall publish the references for 
such national measures in the Official Journal of the 
European Communities. 
Article 6 
The Member States shall take any measures necessary to 
ensure that employers apply the minimum safety and health 
requirements set out in Annex II in existing and used 
workplaces at the latest five years after the entry into force 
of this Directive, without prejudice to the national 
provisions on safety and health at work in force when the 
Directive is adopted and the relevant ergonomic principles. The Member States shall take any measures necessary to 
ensure that employers apply the minimum safety and health 
requirements set out in Annex II in existing and used 
workplaces at the latest five years after the entry into force 
of this Directive. 
8. 5. 89 Official Journal of the European Communities No C 115/39 
COMMISSION PROPOSAL 
Article 7 AMENDED COMMISSION PROPOSAL 
When workplaces undergo modifications, extensions and/ 
or conversions after the entry into force of the Directive, the 
Member States shall ensure that the employer takes any 
measures necessary, where this is reasonably practicable, to 
ensure that these modifications, extensions and/or conver­
sions are in compliance with the corresponding minimum 
safety and health requirements set out in Annex I. When workplaces undergo modifications, extensions and/ 
or conversions after the entry into force of the Directive, the 
Member States shall ensure that the employer takes any 
measures necessary to ensure that these modifications, 
extensions and/or conversions are in compliance with the 
corresponding minimum safety and health requirements set 
out in Annex I. 
Article 8 
1. The Member States shall take any measures necessary 
to ensure that employers use only workplaces which 
comply with this Directive. The employer shall ensure: 1. In order to protect the health and safety of workers, the 
employer shall ensure: 
that traffic routes to emergency exits and the exits 
themselves are kept clear for immediate use, (rest of point 1 unchanged) 
that the necessary technical maintenance of the 
workplace is carried out and that any faults found are 
rectified as quickly as possible. If the faults entail a 
serious and immediate risk and cannot be rectified 
immediately, work must be stopped, 
that the workplace is cleaned to an adequate level of 
hygiene, 
that the safety equipment intended to prevent or 
eliminate hazards is regularly maintained and checked. 
2. Workers or their representatives shall be consulted on 
health and safety aspects on the basis of Annex I and/or 
Annex II, as appropriate. 2. Workers or their representatives shall be informed of 
all health and safety protection measures to be taken and 
shall be consulted in accordance with Article 11 of the 
Directive referred to in Article 1, paragraph 1, of the 
present Directive, on the basis of Annex I and/or Annex II, 
as appropriate. 
If measures taken by the employer to ensure the safety of 
existing workplaces, in use or planned, are, in the opinion 
of the workers or their representatives, inadequate, they 
may request a visit by the authorities responsible for health 
and safety at the workplace. (deleted) 
3. Workers or their representatives shall be able to 
request their employers to take appropriate measures to 
guarantee safety and health protection at the workplace or 
to eliminate potential hazards. 
No C 115/40 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Article 9 (unchanged) 
1. When a Member State or the Commission considers 
that the draft technical reports referred to in Article 5 do 
not satisfy the minimum requirements which apply to 
them, referred to in Article 4, the Commission shall refer 
the matter to the Committee referred to in Article 10, 
giving its reasons, and shall, if necessary, consult the 
Advisory Committee for Safety, Hygiene and Health 
Protection at Work set up by Council Decision 74/325/ 
EEC, hereinafter referred to as the tripartite Committee. 
In the light of the Committee's opinion, the Commission 
shall publish the reference for the technical report or 
request an amendment to the draft. 
2. Once it has received the Communications referred to in 
Article 5, paragraphs 2 and 3, the Commission shall 
consult the Committee and, if necessary, the tripartite 
Committee. In the light of the Committee's opinion, the 
Commission shall inform the Member States within three 
months whether or not the national measure in question 
can enjoy presumption of compliance with the minimum 
requirements and be published in the Official Journal of the 
European Communities. 
If the Commission or a Member State considers that a 
national provision no longer fulfils the conditions 
necessary for it to enjoy presumption of compliance with 
the minimum safety and health requirements set out in 
Article 4, the Commission shall consult the Committee 
and, if necessary, the tripartite Committee. In the light of 
the Committee's opinion, it shall inform the Member States 
whether or not the provision in question shall continue to 
enjoy presumption of compliance, and, if not, whether it 
shall be withdrawn from the publication referred to in 
Article 5, paragraph 1. 
Changes to the Annexes 
Article 10 
1. The Commission shall make changes to the annexes to 
this Directive as a result of: For the purposes of making changes to Annexes I and II of 
this Directive as a result of: 
the adoption of Directives on technical harmonization 
and standardization of the design, manufacture or 
construction parts of workplaces, (rest of point 1 unchanged) 
technical progress, changes in international regulations 
or specifications and know-how in the field of 
workplaces. 
The Commission shall be assisted by the Committee and 
shall follow the procedure set out in Article 17 of the 
Directive referred to in Article 1^, paragraph 1, of the 
present Directive. 
2. In making the changes referred to in paragraph 1, the 
Commission shall be assisted by a committee and shall 
follow the procedure set out in Article 14 of Directive ... (deleted) 
8. 5. 89 Official Journal of the European Communities No C 115/41 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Final provisions 
Article 11 
1. The 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. 
They shall immediately notify the Commission. 
2. The Member States shall forward to the Commission 
the text of the national provisions which they are adopting 
in the field governed by this Directive. 
3. At two-yearly intervals, the Member States shall report 
to the Commission on the practical implementation at the 
workplace of the provisions of this Directive, indicating the 
opinions of the two sides of industry. The Commission 
shall inform the Committee and tripartite Committee. The Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by the date fixed for the entry 
into force of the Directive referred to in Article 1, 
paragraph 1, of the present Directive. They shall im­
mediately notify the Commission. 
2. The Member States shall forward to the Commission 
the text of the national provisions which have already been 
adopted or which they are adopting in the field governed by 
this Directive. 
3. At five-yearly intervals, the Member States shall report 
to the Commission on the practical implementation at the 
workplace of the provisions of this Directive, indicating the 
opinions of the two sides of industry. The Commission 
shall inform the Council, the European Parliament, the 
Economic and Social Committee, the Advisory Committee 
for Safety, Hygiene and Health at Work and the Committee 
described in Article 17 of the Directive referred to in 
Article 1, paragraph 1, of the present Directive. 
4. At regular intervals, the Commission shall forward a 
report on the implementation of the Directive to the 
Council, the European Parliament and the Economic and 
Social Committee, taking into account the provisions set 
out in paragraphs 2 and 3. 
Article 12 
This Directive is addressed to the Member States. (unchanged) 
ANNEX 1 
Preliminary remark 
The minimal health and safety requirements 
shall only apply where the workplace is subject 
to the risk in question. (beginning unchanged) 
2. Minimum health and safety requirements for 
workplaces 
2.0. Structure and stability 
Buildings housing workplaces shall have the 
structure and stability appropriate to the type of 
use. 
2.1. Electrical installations 
Electrical installations shall be designed and 
constructed in such a way that they do not 
present a fire or explosion hazard; persons must 
be adequately protected against the risk of 
accidents caused by direct or indirect contact. 
No C 115/42 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL 
The design, construction, choice of material and 
protection devices shall be appropriate to the 
voltage, external conditions and the competence 
of persons with access to parts of the instal­
lation. 
2.2. Emergency exits 
The emergency exits shall lead as directly as 
possible to the open air or a safe area. 
2.2.1. In the event of danger, it must be possible for 
workers to evacuate all workstations quickly 
and in complete safety. 
2.2.2. The number, distribution and dimensions of the 
emergency exits shall depend on the use, 
equipment and surface area of the workplaces 
and the maximum number of persons that may 
be present. 
2.2.3. Emergency exit doors shall be easy to open and 
shall open outwards; sliding doors and revolv­
ing doors shall not be permitted unless there are 
sufficient of them. 
2.2.4. Emergency exits shall be marked by signs in 
accordance with the national regulations im­
plementing Directive 77/756/EEC; the signs 
shall be permanent and shall be placed at 
appropriate points. 
2.3. Fire detection and fire fighting 
2.3.1. Depending on the dimensions, height, use and 
equipment of the buildings and on the maximum 
potential number of people present, the work­
places shall be equipped with fire detectors, 
suitably distributed, an alarm system and 
appropriate automatic and/or manual fire-
fighting equipment. 
2.3.2. Non-automatic fire-fighting equipment shall be 
marked by signs in accordance with the national 
regulations implementing Directive 77/756/ 
EEC. Such signs shall be permanent and placed 
at appropriate points. AMENDED COMMISSION PROPOSAL 
2.2. Emergency exits 
Emergency exits shall be kept clear and shall 
lead as directly as possible to the open air or a 
safe area. 
(unchanged) 
(unchanged) 
(unchanged) 
(unchanged) 
2.2.5. The doors along escape routes shall not be 
locked. Emergency exits, escape routes and 
traffic routes, and the doors which give access to 
them, shall be kept clear for immediate use. 
2.2.6. In case the lighting fails, the emergency exits 
shall be equipped with adequate emergency 
lighting. 
(unchanged) 
2.3.2. Non-automatic fire-fighting equipment shall be 
easily accessible and easy to use and shall be 
marked by signs in accordance with the national 
regulations implementing Directive 77/756/ 
EEC. Such signs shall be permanent and placed 
at appropriate points. 
8. 5. 89 Official Journal of the European Communities No C 115/43 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
2.3.3. Fire detectors, alarm systems or non-automatic 
fire-fighting devices shall be checked regularly. 
2.4. Ventilation of enclosed workplaces (rooms) 2.4. Ventilation of enclosed workplaces 
The air in enclosed rooms shall be naturally or 
artificially renewed so that workers have a 
sufficient supply of air of an adequate quality, 
having regard to the work they are carrying out. The air in enclosed rooms shall be kept 
sufficiently fresh during working hours, having 
regard to the working methods used and the 
physical effort required of the workers. If a 
forced ventilation system is used, it shall be in 
working order at all times. An alarm shall be 
triggered in the event of any failure. 
2.5. Room temperatures 
2.5.1. During working hours, the air temperature in 
rooms comprising the workplaces shall be 
comfortable, having regard to the nature of the 
work carried out and the physical effort required 
of the workers. 2.5.1. During working hours, the air temperature in 
rooms comprising the workplaces shall be 
comfortable, having regard to the working 
methods used and the physical effort required of 
the workers. 
2.5.2. The temperature in rest areas, rooms for duty 
staff, sanitary facilities, canteens and first aid 
rooms shall be appropriate to the purpose of 
these areas. (unchanged) 
2.5.3. Climate control installations shall not blow or 
radiate on to workstations in such a way that 
workers are exposed to draughts or dangerous 
temperatures. 2.5.3. Climate control installations shall not blow or 
radiate on to workstations in such a way that 
workers are exposed to draughts or dangerous 
temperatures. These installations shall be in 
working order at all times and shall be cleaned 
regularly, to appropriate hygienic requirements. 
Deposits or dirt which may result in pollution of 
the air at the workplace shall be removed 
immediately. 
2.5.4. Windows, skylights and glass partitions shall be 
such as to prevent excessive insulation. (unchanged) 
2.6. Natural and artificial room lighting 
2.6.1. Rooms shall as far as possible receive sufficient 
daylight and be equipped with adequate suf­
ficient artificial lighting. (unchanged) 
No C 115/44 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL 
2.6.2. Rooms in which workers may be exposed to 
risks in the event of failure of artificial lighting 
must be provided with adequate emergency 
lighting. 
2.7. Floors, wall and ceilings of rooms 
1.1 A. The floors of workplaces shall be level, with no 
unevenness, holes or dangerous slopes; they 
shall be fixed, stable and non-slip and it shall be 
possible to clean them to appropriate hygienic 
requirements in accordance with the purpose for 
which the rooms are used. 
2.7.2. The surfaces of walls and ceilings in rooms shall 
be such that they can be cleaned or refurbished 
to appropriate hygienic requirements. 
2.7.3. Transparent or translucent walls, in particular 
all-glass partitions, in rooms or in the vicinity of 
workstations and traffic routes shall be made of 
safety material or be shielded from workstations 
or traffic routes to prevent workers from coming 
into contact with walls or from being injured 
should the walls shatter. 
2.8. Windows and skylights 
2.8.1. Workers shall be able to open, close, adjust and 
secure windows, skylights and ventilation 
installations in complete safety. When open, 
they should not be so positioned as to constitute 
a hazard to workers. Unopenable windows shall 
not be permitted, unless the work requires it and 
there is adequate ventilation and artificial 
lighting. AMENDED COMMISSION PROPOSAL 
2.6.2. Lighting installations in workrooms and passa­
geways shall be so positioned that they create no 
risk of accident to the workers. 
(becomes 2.6.3) 
2.7. Floors, walls, ceilings and roofs 
2.7.1. The floors of workplaces shall normally be level, 
with no unevenness, holes or dangerous slopes; 
they shall be fixed, stable and non-slip. (Rest 
deleted.) 
Workstations at which workers stand shall be 
provided with adequate thermal insulation, 
having regard to the type of undertaking and the 
physical activity carried out by the worker. 
2.7.2. The surfaces of floors, walls and ceilings in 
rooms shall be such that they can be cleaned or 
refurbished to appropriate hygienic require­
ments. 
2.7.3. Transparent or translucent walls, in particular 
all-glass partitions, in rooms or in the vicinity of 
workstations and traffic routes shall be clearly 
marked and made of safety material or be 
shielded from workstations or traffic routes to 
prevent workers from coming into contact with 
walls or from being injured should the walls 
shatter. 
2.7.4. Access to roofs constructed in materials which 
are not sufficiently strong shall only be author­
ized if equipment is provided to prevent falls. 
2.8.1. Workers shall be able to open, close, adjust and 
secure windows, skylights and ventilation 
installations in complete safety. When open, 
they should not be so positioned as to constitute 
a hazard to workers. Unopenable windows shall 
not be permitted, unless the work requires it and 
there is adequate artificial lighting and venti­
lation or air conditioning. 
8. 5. 89 Official Journal of the European Communities No C 115/45 
COMMISSION PROPOSAL 
2.8.2. Windows and skylights must be designed, or 
equipped to allow them to be cleaned without 
risk to the workers carrying out this work or to 
workers present in and around the building. 
2.9. Doors, gates and automatic doors 
2.9.1. The position, number and dimensions of doors 
and gates shall be determined by the nature and 
use of the rooms or areas. 
2.9.2. Swing doors shall be transparent or have see-
through panels. 
2.9.3. If transparent or translucent surfaces in doors 
and gates are not made of unbreakable material 
and if there is a danger that workers may be 
injured if a door should shatter, the surfaces 
shall be protected against breakage. 
2.9.4. Sliding doors shall be fitted with a mechanism to 
secure them from being lifted off their mount­
ings and falling out. 
2.9.5. Doors and gates opening upwards shall be fitted 
with a mechanism to secure them against falling 
back. 
2.9.6. Doors along escape routes shall be appropriately 
marked. It shall be possible to open them from 
the inside without the use of any special aid 
throughout the period that the workplaces are 
occupied. They shall open outwards. 
2.9.7. Doors for pedestrians shall be provided in the 
immediate vicinity of any gates intended essen­
tially for vehicle traffic. 
2.9.8. Mechanical doors and gates shall function in 
such a way that there is no risk of accident to 
workers. They shall be fitted with easily 
identifiable and accessible emergency shut­
down devices and it shall be possible to open 
them by hand. AMENDED COMMISSION PROPOSAL 
2.8.2. Windows and skylights shall be designed or 
equipped so that when they are being cleaned, an 
appropriate level of safety is ensured for the 
workers carrying out this work and for workers 
present in and around the building. 
(unchanged) 
(unchanged) 
2.9.2. Swing doors and gates shall be transparent or 
have see-through panels. 
(unchanged) 
(unchanged) 
(unchanged) 
2.9.6. Doors situated along escape routes shall be 
appropriately marked. It shall be possible to 
open them from the inside without the use of any 
special aid throughout the period that the 
workplaces are occupied. They shall open 
outwards and be kept clear. 
2.9.7. Doors for pedestrians shall be provided in the 
immediate vicinity of any gates intended essen­
tially for vehicle traffic. Such doors shall be 
clearly marked and kept clear at all times. 
(unchanged) 
No C 115/46 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL 
2.10. Traffic routes — dangerous areas AMENDED COMMISSION PROPOSAL 
2.10.1. Traffic routes, including stairs, fixed ladders 
and leading ramps, shall be located and dimen­
sioned to ensure easy, safe and appropriate 
access for pedestrians or vehicles in such a way 
as not to endanger workers employed in the 
vicinity of these traffic routes. (unchanged) 
2.10.2. Routes used for pedestrian traffic and/or goods 
traffic shall be dimensioned in accordance with 
the number of potential users and the type of 
undertaking. If means of transport are used on 
traffic routes, a sufficient safety clearance shall 
be provided for pedestrians. (unchanged) 
2.10.3. Sufficient clearance shall be allowed between 
vehicle traffic routes and doors, gates, passages 
for pedestrians, corridors and stairs. (unchanged) 
2.10.4. Where the use and equipment of rooms so 
requires for the protection of workers, traffic 
routes in workrooms and storerooms shall be 
identified. 2.10.4. Where the use and equipment of rooms so 
requires for the protection of workers, traffic 
routes (the words 'in workrooms and store­
rooms' deleted) shall be identified. 
2.10.5. If the workplaces contain areas in which, due to 
the nature of the work, there is a risk of the 
worker or objects falling, these places shall be 
equipped, as far as possible, with devices 
preventing workers entering such areas. 2.10.5. If the workplaces contain areas in which, due to 
the nature of the work, there is a risk of the 
worker or objects falling, these places shall be 
equipped, as far as possible, with devices 
preventing workers entering such areas. Danger 
areas shall be clearly marked. 
2.10a Protection against gases, vapours, fogs and dusts 
Where harmful concentrations of gases, 
vapours, fogs and dusts cannot be avoided, they 
shall be eliminated at source. 
2.11. Specific measures for escalators and travolators 2.11. Specific measures for escalators and travolators 
Escalators and travolators shall function in such 
a way that there is no risk of accidents to 
workers. They shall be fitted with easily 
identifiable and accessible emergency shut­
down devices. Escalators and travolators shall function in such 
a way as to ensure an appropriate level of safety 
for workers. They shall be fitted with easily 
identifiable and accessible emergency shut­
down devices. 
2.12. Loading ramps 
2.12.1. Loading ramps shall be wide enough for the 
dimensions of the loads to be transported. (unchanged) 
8. 5. 89 Official Journal of the European Communities No C 115/47 
COMMISSION PROPOSAL 
2.12.2. Loading ramps shall have at least one alighting 
point. Where technically feasible, ramps over a 
certain length shall have an alighting point at 
each end. AMENDED COMMISSION PROPOSAL 
(unchanged) 
2.12.3. Loading ramps shall as far as possible be made 
sufficiently safe to prevent workers falling. 
2.13. Room dimensions and air space in rooms, and 
freedom of movement at the workstation (unchanged) 
2.13.1. Workrooms shall have a sufficient surface area, 
height and minimum air space. 
2.13.2. The dimensions of the free unoccupied area at 
the workstation shall be calculated to allow 
workers sufficient freedom of movement to 
perform their work. If this is not possible due to 
reasons specific to the undertaking, the worker 
shall be provided with sufficient freedom of 
movement near his workstation. 
2.14. Rest rooms 
2.14.1. In undertakings with more than a certain 
number of employees or where the health of 
workers or type of activity carried out demand 
it, workers shall be provided with an easily 
accessible rest room. This shall not apply if the 
workers are employed in offices or similar 
workrooms providing equivalent relaxation 
during breaks. (unchanged) 
2.14.2. Rest rooms shall be large enough and equipped 
with an adequate number of tables and chairs for 
the number of workers. 2.14.2. Rest rooms shall be large enough and equipped 
with tables which can be easily cleaned and 
chairs with backs. 
2.14.3. Appropriate measures for the protection of non-
smokers shall be taken in staff rest rooms. 2.14.3. Appropriate measures shall be taken to ensure 
that non-smokers are not troubled by tobacco 
smoke in staff rest rooms. 
2.14.4. If working hours are regularly and frequently 
interrupted and there is no rest room, rooms 
shall be provided in which workers can stay 
during such interruptions. Appropriate meas­
ures shall be taken for the protection of non-
smokers. 2.14.4. If working hours are regularly and frequently 
interrupted and there is no rest room, rooms 
shall be provided in which workers can stay 
during such interruptions. Appropriate meas­
ures shall be taken to ensure that non-smokers 
are not troubled by tobacco smoke. 
No C 115/48 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
2.15. Sanitary equipment 
2.15.1. Changing rooms and lockers 2.14.5. Special rooms shall be provided where pregnant 
women and nursing mothers can lie down 
during breaks and, if necessary for health 
reasons, during work periods. 
2.15.1.1. Separate changing rooms shall be provided for 
men and women if they have to wear special 
work clothes and where, for reasons of health 
and propriety, they cannot be expected to 
change in another room. 2.15.1.1. Changing rooms shall be provided for workers if 
they have to wear special work clothes and if, for 
reasons of health and propriety, they cannot be 
expected to change in another room. Separate 
changing rooms shall be provided for men and 
women. 
2.15.1.2. In undertakings where workers are exposed to 
high temperatures in the course of their work, 
the changing rooms shall be in the vicinity of 
their workstations. (unchanged) 
2.15.1.3. Changing rooms shall be sufficiently large and 
have facilities to enable each worker to lock 
away his clothes during working hours. If the 
circumstances demand it (dangerous substances, 
humidity, dirt), lockers for work clothes shall be 
separate from those for ordinary clothes. (unchanged) 
2.15.1.4. If changing rooms are not required under 
paragraph 2.15.1.1, each worker shall be pro­
vided with a place to store his clothes. (unchanged) 
2.15.2. Washrooms and washbasins 
2.15.2.1. Washrooms shall be provided for workers if 
required by the nature of the work or for health 
reasons. Separate washrooms shall be provided 
for men and women. (unchanged) 
2.15.2.2. The washrooms shall be sufficiently large and 
equipped with facilities (including warm water if 
necessary) to permit each worker to wash in 
conditions of an appropriate standard of 
hygiene. 2.15.2.2. The washrooms shall be sufficiently large to 
provide each worker with adequate room to 
wash in conditions of an appropriate standard of 
hygiene. The washrooms shall be equipped with 
hot and cold running water. 
2.15.2.3. Where washrooms are not required under 
paragraph 2.15.2.1 washbasins with running 
water (hot if necessary) shall be provided in the 
vicinity of the workstations. (unchanged) 
8. 5. 89 Official Journal of the European Communities No C 115/49 
COMMISSION PROPOSAL 
2.15.3. Toilets and washbasins AMENDED COMMISSION PROPOSAL 
Separate facilities shall be provided in the 
vicinity of workstations with an adequate 
number of toilets and washbasins. (unchanged) 
2.16. First-aid installations 2.16. Installations for first-aid rooms 
2.16.1. Where there is a high risk of accidents or where 
there is a large workforce, a first-aid room shall 
be provided. 2.16.1. Depending on the size of the rooms, the type of 
activity carried out and the frequency of 
accidents, one or more first-aid rooms shall be 
provided. 
2.16.2. Such rooms shall be equipped with essential 
first-aid installations and equipment and be 
easily accessible for stretchers. They shall be 
marked in accordance with the national regu­
lations implementing Directive 77/756/EEC. 
2.17. Handicapped persons 2.17. Handicapped persons 
Workplaces shall be organized to take into 
account handicapped workers, if necessary. Workplaces shall be organized to take into 
account handicapped workers, if necessary. This 
shall apply in particular to doors, passageways, 
stairs, toilets, washrooms and workstations 
occupied by handicapped persons. 
2.18. Outdoor workplaces (special provisions) 2.18. Outdoor workplaces 
2.18.1. Workstations, traffic routes and other areas or 
installations outdoors which are used by the 
workers in the course of their activity shall be so 
designed that there is no danger to pedestrians 
and vehicles. 2.18.1. Workstations, traffic routes and other areas or 
installations outdoors which are used by the 
workers in the course of their activity shall be so 
designed that there is no danger to pedestrians 
and vehicles whatever the weather conditions 
and that they can be evacuated rapidly in the 
event of danger. 
Articles 12, 15 and 16 shall also apply to main 
traffic routes on the site of the undertaking 
(traffic routes leading to fixed workstations, to 
traffic routes used for the regular maintenance 
and supervision of the undertaking's installation 
and to loading ramps). (unchanged) 
The provisions of 2.10 are also applicable to 
outdoor workplaces. 
2.18.2. Workplaces outdoors shall be adequately lit by 
artificial lighting if daylight is not adequate. (unchanged) 
No C 115/50 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
2.18.3. When workers are employed at workstations 
outdoors, such workstations shall as far as 
possible be equipped so that workers are 
protected against inclement weather conditions. 
ANNEX II (unchanged) 
2.18.4. If workers are employed at outdoor work­
stations, such workstations shall as far as 
possible be designed so that the workers: 
(a) are protected from the weather; 
(b) are not exposed to harmful noise levels or 
dangerous substances (e.g. gases, vapours, 
dusts); 
(c) can leave their workstations and reach safety 
quickly in the event of danger. 
(unchanged) 
Re-examined proposal for a Council Directive amending Council Directive 71/305/EEC 
concerning the coordination of procedures for the award of public works contracts (!) 
COM(89) 141 final 
Submitted by the Commission pursuant to Article 149(2)(d) of the EEC Treaty 
on 3 April V. 
(89/C 115/04) 
(!) OJ No C 15, 19. 1. 1989, p. 8. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community and in particular Articles 57(2), 66 
and 100A thereof, Whereas measures aimed at progressively establishing the 
internal market during the period up to 31 December 1992 
need to be taken; whereas the internal market is an area 
without internal frontiers in which the free movement of 
goods, persons, services and capital is ensured; 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament (l), Having regard to the conclusions drawn by successive 
meetings of the European Council on the need to establish 
such a market; 
Having regard to the opinion of the Economic and Social 
Committee (2). 
(!) OJ No C 167, 27. 6. 1988, p. 76 and Decision ... (not yet 
published in the Official Journal). 
(2) OJ No C 319, 30. 11. 1987, p. 55. Having regard to the White Paper on completing the 
internal market, and in particular to the timetable and 
programme laid down therein for the opening up of the 
market for public works contracts;