7. 7. 89 Official Journal of the European Communities No C 172/3 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive with a view to the introduction of measures to 
encourage improvements in the safety and health of workers at work (') 
COM(89) 281 final — SYN 123 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 12 June 1989) 
(89/C 172/03) 
O OJ No C 30, 6. 2. 1989, p. 19. 
FRAMEWORK DIRECTIVE COMMON POSITION ADOPTED BY THE 
COUNCIL REVISED COMMISSION PROPOSAL 
FOLLOWING THE AMENDMENTS ADOPTED BY 
THE EUROPEAN PARLIAMENT AT THE 
SECOND READING ON 24 MAY 1989 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 118a 
thereof, Unchanged 
Having regard to the proposal from the Commission, 
drawn up after consultation with the Advisory 
Committee on Safety, Hygiene and Health Protection at 
Work, Unchanged 
In cooperation with the European Parliament, Unchanged 
Having regard to the opinion of the Economic and Unchanged 
Social Committee, 
Whereas Article 118a of the 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; Unchanged 
Whereas this Directive does not justify any reduction in 
levels of protection already achieved in individual 
Member States, the Member States being committed, 
under the Treaty, to encouraging improvements in 
conditions in this area and to harmonizing conditions 
while maintaining the improvements made; Unchanged 
No C 172/4 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL 
Whereas it is known that workers can be exposed to the 
effects of dangerous environmental factors at the 
workplace during the course of their working life; REVISED COMMISSION PROPOSAL 
Unchanged 
Whereas, pursuant to Article 118a of the Treaty, such 
directives must avoid imposing administrative, financial 
and legal constraints which would hold back the 
creations and development of small and medium-sized 
undertakings; Unchanged 
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, in its resolution of 21 December 
1987, on safety, hygiene and health at work, took note 
of the Commission's intention to submit to the Council 
in the near future a directive on the organization of the 
safety and health of workers at the workplace; Unchanged 
Whereas in February 1988, the European Parliament 
adopted four resolutions following the debate on the 
internal market and worker protection; whereas these 
resolutions specifically invited the Commission to draw 
up a framework directive to serve as a basis for more 
specific directives covering all the risks connected with 
safety and health at the workplace; Unchanged 
Whereas Member States have a responsibility to 
encourage improvements in the safety and health of 
workers on their territory; whereas taking measures to 
protect the health and safety of workers at work also 
helps, in certain cases, to preserve the health and possibly 
the safety of persons residing with them; Unchanged 
Whereas Member States' legislative systems covering 
safety and health at the workplace differ widely and 
need to be improved; 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 allow compe­
tition at the expense of safety and health; Unchanged 
Whereas the incidence of accidents at work and occupa­
tional diseases is still too high; whereas preventive 
measures must be introduced or improved without delay 
in order to safeguard the safety and health of workers 
and ensure a higher degree of protection; Unchanged 
7. 7. 89 Official Journal of the European Communities No C 172/5 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
Whereas, in order to ensure an improved degree of 
protection, workers and/or their representatives must be 
informed of the risks to their safety and health and of 
the measures required to reduce or eliminate these risks; 
whereas they must also be in a position to contribute, by 
means of balanced participation in accordance with 
national laws and/or practices, to seeing that the 
necessary protective measures are taken; Unchanged 
Whereas information, dialogue and balanced partici­
pation on safety and health at work must be developed 
between employers and workers and/or their represen­
tatives by means of appropriate procedures and 
instruments, in accordance with national laws and/or 
practices; 
Whereas the improvement of workers' safety, hygiene 
and health at work is an objective which should not be 
subordinated to purely economic considerations; Unchanged 
Whereas employers shall be obliged to keep themselves 
informed of the latest advances in technology and 
scientific findings concerning workplace design, account 
being taken of the inherent dangers in their undertaking, 
and to inform accordingly the workers' representatives 
exercising participation rights under this Directive, so as 
to be able to guarantee a better level of protection of 
workers' health and safety; Unchanged 
Whereas the provisions of this Directive apply, without 
prejudice to more stringent present or future Community 
provisions, to all risks, and in particular to those arising 
from the use at work of chemical, physical and biological 
agents covered by Directive 80/1107/EEC, as last 
amended by Directive 88/642/EEC; Unchanged 
Whereas, pursuant to Decision 74/325/EEC, the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work is consulted by the Commission on 
the drafting of proposals in this field; Unchanged 
Whereas a committee composed of members nominated 
by the Member States needs to be set up to assist the 
Commission in making the technical adaptations to the 
individual directives provided for in this Directive, Unchanged 
No C 172/6 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: 
SECTION I 
General provisions 
Article 1 
Object 
1. The object of this Directive is to introduce 
measures to encourage improvements in the safety and 
health of workers at work. 
2. To that end it contains general principles 
concerning the prevention of occupational risks, the 
protection of safety and health, the elimination of risk 
and accident factors, the informing, consultation, 
balanced participation in accordance with national laws 
and/or practices and training of workers and their repre­
sentatives, as well as general guidelines for the 
implementation of the said principles. 
3. This Directive shall be without prejudice to existing 
or future national and Community provisions which are 
more favourable to protection of the safety and health of 
workers at work. HAS ADOPTED THIS DIRECTIVE: 
SECTION I 
General provisions 
Article 1 
Object 
Unchanged 
Unchanged 
Unchanged 
Article 2 
Scope 
1. This Directive shall apply to all sectors of activity, 
both public and private (industrial, agricultural, 
commercial, administrative, service, educational, cultural, 
leisure, etc.). 
2. This Directive shall not be applicable where charac­
teristics peculiar to certain specific public service acti­
vities, such as the armed forces or the police, or to 
certain specific activities in the civil protection services 
inevitably conflict with it. 
In that event, the safety and health of workers must be 
ensured as far as possible in the light of the objectives of 
this Directives. Article 2 
Scope 
Unchanged 
Unchanged 
Article 3 
Definitions 
For the purposes of this Directive, the following terms Unchanged 
shall have the following meanings: 
(a) worker: any person employed by an employer, Unchanged 
including trainees and apprentices but excluding 
domestic servants; 
(b) employer: any natural or legal person who has an Unchanged 
employment relationship with the worker and has 
responsibility for the undertaking and/or estab­
lishment; Article 3 
Definitions 
7. 7. 89 Official Journal of the European Communities No C 172/7 
COMMON POSITION ADOPTED BY THE COUNCIL 
(c) workers' representative with specific responsibility for 
the safety and health of workers: any person elected, 
chosen or designated in accordance with national 
laws and/or practices to represent workers where 
problems arise relating to the safety and health 
protection of workers at work. REVISED COMMISSION PROPOSAL 
Unchanged 
(d) prevention: all the provisions or measures taken or 
provided for at each stage of the activities performed 
within the undertaking with a view to avoiding or 
reducing the occupational risks. 
(e) occupational risk: any work-related situation liable to 
damage the physical or psychological safety and/or 
health of the worker, excluding accidents on the way 
to and from work. 
Article 4 
1. Member States shall take the necessary steps to 
ensure that employers, workers and workers' represen­
tatives are subject to the legal provisions necessary for 
the implementation of this Directive. Article 4 
Unchanged 
2. In particular, Member States shall ensure adequate Unchanged 
controls and supervision. 
SECTION II 
EMPLOYERS' OBLIGATIONS 
Article 5 
General provision SECTION II 
EMPLOYERS' OBLIGATIONS 
Article 5 
General provision 
1. The employer shall have a duty to ensure the safety 
and health of workers in every aspect related to the 
work. Unchanged 
2. Where, pursuant to Article 7 (3), an employer 
enlists competent external services or persons, this shall 
not discharge him from his responsibilities in this area. Unchanged 
3. The workers' obligations in the field of safety and Unchanged 
health at work shall not affect the principle of the 
responsibility of the employer. 
No C 172/8 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL 
4. This Directive shall not restrict the possibility of 
Member States to provide for the exclusion or the limi­
tation of employers' responsibility where facts are due to 
circumstances unknown to them, exceptional and 
unforeseeable, or to exceptional events, the consequences 
of which could not have been avoided despite the 
exercise of all due care. REVISED COMMISSION PROPOSAL 
Unchanged 
Member States need not exercise the right referred to in 
the first subparagraph. 
Article 6 
General obligations on employers Article 6 
General obligations on employers 
1. Within the context of his responsibilities, the 
employer shall take the measures necessary for the safety 
and health protection of workers, including prevention 
of occupational risks and provision of information and 
training, as well as provision of the necessary organ­
ization and means. Unchanged 
The employer shall be alert to the need to adjust these 
measures to take account of changing circumstances and 
the aim to improve existing situations. 
2. The employer shall implement the measures 
referred to in the first subparagraph of paragraph 1 on 
the basis of the following general principles of 
prevention: First part unchanged 
(a) avoiding risks; 
(b) evaluating the risks which cannot be avoided; 
(c) combating the risks at source; 
(d) adapting the work to the individual, especially as 
regards the design of workplaces, the choice of work 
equipment and the choice of working and 
production methods, with a view, in particular, to 
alleviating monotonous work and work at a 
predetermined work-rate; (d) adapting the work to the individual, especially as 
regards the design of workplaces, the choice of work 
equipment and the choice of working and 
production methods, with a view, in particular, to 
alleviating monotonous work and work at a 
predetermined work-rate, thus reducing the effects 
on health; 
(e) adapting to technical progress; Unchanged 
(f) replacing the dangerous by the non-dangerous or the Unchanged 
less dangerous; 
(g) developing a coherent overall prevention policy 
which covers technology, organization of work, 
working conditions, social relationships and the 
influence of factors related to the working envi­
ronment; Unchanged 
7. 7. 89 Official Journal of the European Communities No C 172/9 
COMMON POSITION ADOPTED BY THE COUNCIL 
(h) giving collective protective measures priority over 
individual protective measures; REVISED COMMISSION PROPOSAL 
Unchanged 
(i) giving appropriate instructions to the workers. Unchanged 
3. Without prejudice to the other provisions of this Unchanged 
Directive, the employer shall, taking into account the 
nature of the activities of the enterprise and/or estab­
lishment: 
(a) evaluate the risks to the safety and health of 
workers, inter alia in the choice of work equipment, 
the chemical substances or preparations used, and 
the fitting out of workplaces. Unchanged 
Subsequent to this evaluation and as necessary, the 
preventive measures and the working and production 
methods implemented by the employer must: 
— assure an improvement in the level of protection 
afforded to workers with regard to safety and 
health, 
— be integrated into all the activities of the under­
taking and/or establishment and at all hierar­
chical levels; 
(b) where he entrusts tasks to a worker, take into 
consideration the worker's capabilities as regards 
health and safety; (b) where he entrusts tasks to a worker, take into 
account the capabilities and, where appropriate, the 
handicaps of the worker concerned as regards health 
and safety; 
(c) ensure that the planning and introduction of new 
technologies are the subject of consultation with the 
workers and/or their representatives, as regards the 
consequences of the choice of equipment, the 
working conditions and the working environment for 
the safety and health of workers; Unchanged 
(d) take appropriate steps to ensure that only workers 
who have received adequate instructions may have 
access to areas where there is serious and specific 
danger. Unchanged 
4. Without prejudice to the other provisions of this 
Directive, where several undertakings share a workplace, 
the employers shall cooperate in implementing the safety, 
health and occupational hygiene provisions and, taking 
into account the nature of the activities, shall coordinate 
their actions in matters of the protection and prevention 
of occupational risks, and shall inform one another and 
their respective workers and/or workers' representatives 
of these risks. Unchanged 
No C 172/10 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
5. Measures related to safety, hygiene and health at 
work may in no circumstances involve the workers in 
financial cost. Unchanged 
Article 7 
Protective and preventive services Article 7 
Protective and preventive services 
1. Without prejudice to the obligations referred to in 
Articles 5 and 6, the employer shall designate one or 
more workers to carry out activities related to the 
protection and prevention of occupational risks for the 
undertaking and/or establishment. 1. Without prejudice to the obligations referred to in 
Articles 5 and 6, the employer shall designate with the 
balanced participation of the workers and/or their repre­
sentatives, in accordance with national legislation and/or 
practices, one or more workers to carry out activities 
related to the protection and prevention of occupational 
risks for the undertaking and/or establishment. 
2. Designated workers may not be placed at any 
disadvantage because of their activities related to the 
protection and prevention of occupational risks. 2. Designated workers may not be placed at any 
disadvantage whatsoever, also as regards their career in 
the enterprise, because of their activities related to 
protection and/or the prevention of occupational risks. 
Designated workers shall be allowed adequate time and 
the necessary means to enable them to fulfil their obli­
gations arising from this Directive. Designated workers shall be allowed adequate time and 
the necessary means to enable them to fulfil their obli­
gations arising from this Directive. 
3. If such protective and preventive measures cannot 
be organized for lack of competent personnel in the 
undertaking and/or establishment, the employer shall 
enlist competent external services or persons. 3. If such protective and preventive measures cannot 
be organized for lack of competent personnel in the 
undertaking and/or establishment, the employer shall 
enlist competent external services or persons after 
consulting the workers, as referred to in paragraph 1. 
4. Where the employer enlists such services or 
persons, he shall inform them of the factors known to 
affect, or suspected of affecting, the safety and health of 
the workers and they must have access to the infor­
mation referred to in Article 10 (2). Unchanged 
5. In all cases, the workers designated from within the 
undertaking and/or the external services or persons 
consulted must have the necessary capabilities and the 
necessary means and be sufficient in number to deal with 
the organization of protective and preventive measures, 
taking into account the size of the undertaking and/or 
establishment and/or the hazards to which the workers 
are exposed and their distribution throughout the entire 
undertaking and/or establishment. 5. In all cases the workers designated from within the 
undertaking must have the necessary capabilities and the 
external services or persons consulted must have the 
necessary skills, staff and occupational resources and be 
sufficient in number to deal with the organization of 
protective and preventive measures, taking into account 
the size of the undertaking and/or establishment, the 
hazards to which the workers are exposed and their 
distribution throughout the entire undertaking and/or 
establishment. 
6. The protection from, and prevention of, the health 
and safety risks which form the subject of this Article 
shall be the responsibility of one or more workers, of 
one service of of separate services whether from inside or 
outside the undertaking and/or establishment. Unchanged 
7. 7. 89 Official Journal of the European Communities No C 172/11 
COMMON POSITION ADOPTED BY THE COUNCIL 
The worker(s) and/or agency(ies) must work together 
whenever necessary. REVISED COMMISSION PROPOSAL 
7. Member States may define, in the light of the 
nature of the activities and size of the undertakings, the 
categories of undertakings in which the employer, 
provided he is competent, may himself take responsibility 
for the measures referred to in paragraph 1. Unchanged 
8. Member States shall define the necessary capa- Unchanged 
bilities referred to in paragraph 5. 
They may determine the sufficient number referred to in 
paragraph 5. 
Article 8 
First-aid, fire-fighting and evacuation of workers, serious 
and imminent danger Article 8 
First-aid, fire fighting and evacuation of workers, serious 
and imminent danger 
1. The employer shall: Unchanged 
— take the necessary measures for first-aid, fire-fighting 
and evacuation of workers, adapted to the nature of 
the activities and the size of the undertaking and/or 
establishment and taking into account other persons 
present, 
— arrange any necessary contacts with external services, 
particularly as regards first-aid, emergency medical 
care, rescue work and fire-fighting. 
2. Pursuant to paragraph 1, the employer shall, inter 
alia for first-aid, fire-fighting and the evacuation of 
workers, designate the workers required to implement 
such measures. Unchanged 
The number of such workers, their training and the 
equipment available to them shall be adequate, taking 
account of the size and/or specific hazards of the under­
taking and/or establishment. 
3. The employer shall: Unchanged 
(a) as soon as possible, inform all workers who are, or 
may be, exposed to serious and imminent danger of 
the risk involved and of the steps taken or to be 
taken as regards protection; 
(b) take action and gi^e instructions to enable workers 
in the event of serious, imminent and unavoidable 
danger to stop work and/or immediately to leave the 
workplace and proceed to a place of safety; 
No C 172/12 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL 
(c) save in exceptional cases for reasons duly substan­
tiated, refrain from asking workers to resume work 
in a working situation where there is still a serious 
and imminent danger. REVISED COMMISSION PROPOSAL 
4. Workers who, in the event of serious, imminent 
and unavoidable danger, leave their workstation and/or 
a dangerous area may not be placed at any disadvantage 
because of their action and must be protected against 
any harmful and unjustified consequences, in accordance 
with national laws and/or practices. Unchanged 
5. The employer shall ensure that all workers are able, 
in the event of serious and imminent danger to their own 
safety and/or that of other persons, and where the 
immediate superior responsible cannot be contacted, to 
take the appropriate steps, in the light of their 
knowledge and the technical means at their disposal, to 
avoid the consequences of such danger. Unchanged 
Their actions shall not place them at any disadvantage, 
unless they acted carelessly or there was negligence on 
their part. 
Article 9 
Various obligations on employers Article 9 
Various obligations on employers 
1. The employer shall: 1. The employer shall: 
(a) be in possession of an assessment of the risks to 
safety and health at work; (a) be in possession of an assessment of the risks to 
safety and health at work and of the situation of 
groups of workers who are exposed to particular 
risks; 
(b) decide on the protective measures to be taken and, if Unchanged 
necessary, the protective equipment to be used; 
(c) keep a list of occupational accidents resulting in a 
worker being unfit for work for more than three 
working days; (c) draw up a list of accidents which resulted in a 
worker being unfit for work for more than three 
working days, and a list of occupational illnesses 
contracted; 
(d) draw up, for the responsible authorities and in 
accordance with national laws and/or practices 
reports on occupational accidents suffered by his 
workers. (d) draw up, for the responsible authorities and in 
accordance with national laws and/or practices, 
reports on occupational accidents and occupational 
illnesses suffered by his workers. 
2. Member States shall define, in the light of the 
nature of the activities and size of the undertakings, the 
obligations to be met by the different categories of 
undertakings in respect of the drawing-up of the 
documents provided for in paragraph 1 (a) and (b) and 
when preparing the documents provided for in paragraph 
1 (c) and (d). Unchanged 
7. 7. 89 Official Journal of the European Communities No C 172/13 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
Article 10 
Information of workers Article 10 
Information of workers 
1. The employer shall take appropriate measures so 
that workers and/or their representatives in the under­
taking and/or establishment receive, in accordance with 
national laws and/or practices which may take account 
inter alia of the size of the undertaking and/or estab­
lishment, adequate information concerning: 
(a) the safety and health risks and protective and 
preventive measures and activities in respect of both 
the undertaking and/or establishment in general and 
each type of workstation and/or job; 
(b) the measures taken pursuant to Article 8 (2). 1. The employer shall take appropriate measures so 
that workers and/or their representatives in the under­
taking and/or establishment receive, in accordance with 
national laws and/or practices which may take account 
inter alia of the size of the undertaking and/or estab­
lishment all necessary information concerning: 
Unchanged 
Unchanged 
(c) such information shall also be provided in a suitable 
form to temporary workers and hired workers 
present in the establishment or entreprise. 
2. The employer shall take appropriate measures so 
that employers of workers from any outside under­
takings and/or establishments engaged in work in his 
undertaking and/or establishment receive, in accordance 
with national laws and/or practices, adequate infor­
mation concerning the points referred to in paragraph 1 
(a) and (b) which is to be provided to the workers in 
question. Unchanged 
3. The employer shall take appropriate measures so 
that workers with specific functions in protecting the 
safety and health of workers, or workers' representatives 
with specific responsibility for the safety and health of 
workers shall have access, in accordance with national 
laws and/or practices, to: 3. The employer shall take appropriate measures so 
that workers with specific functions in protecting the 
safety and health of workers, or workers' representatives 
with specific responsibility for the safety and health of 
workers shall have access, in order to perform their 
duties and in accordance with national laws and/or 
practices, to: 
(a) the risk assessment and protective measures referred Unchanged 
to in Article 9 (1) (a) and (b); 
(b) the list and reports referred to in Article 9 (1) (c) Unchanged 
and (d); 
(c) the information yielded by protective and preventive Unchanged 
measures, inspection agencies and bodies responsible 
for safety and health. 
Article 11 
Consultation and participation of workers 
1. Employers shall consult workers and/or their 
representatives and allow them to take part in discussions 
on all questions relating to safety and health at work. Article 11 
Consultation and participation of workers 
Unchanged 
No C 172/14 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
This presupposes: 
— the consultation of workers, 
— the right of workers and/or their representatives to 
make proposals, 
— balanced participation in accordance with national 
laws and/or practices. 
2. Workers with a specific function in protecting the 
safety and health of workers or workers' representatives 
with specific responsibility for the safety and health of 
workers shall, provided the number of such represen­
tatives is sufficient in accordance with national laws 
and/or practices, be consulted in advance by the 
employer with regard to: 
(a) any measure which may substantially affect safety 
and health; 2. Workers with specific functions in protecting the 
safety and health of workers or workers' representatives 
with specific responsibility for the safety and health of 
workers shall participate in a balanced way, in 
accordance with national laws and/or practices, or be 
consulted in advance and in due time by the employer 
with regard to: 
Unchanged 
(b) the designation of workers referred to in Article 7 
(1) and Article 8 (2) and the activities referred to in 
Article 7 (1); (b) the designation of workers referred to in Article 8 
(2) and the activities referred to in Article 7 (1); 
(c) the information referred to in Article 9 (1) and Unchanged 
Article 10; 
(d) the enlistment, where appropriate, of the competent 
services or persons outside the undertaking and/or 
establishment, as referred to in Article 7 (3); Deleted 
(e) the planning and organization of the training 
referred to in Article 12. Unchanged (becomes (d)) 
3. Workers with specific functions for the protection 
of the safety and health of workers at work, and 
workers' representatives, may call on the employer to 
take appropriate measures and submit to him relevant 
proposals by means of which all risks to workers may be 
reduced and/or sources of danger eliminated. 
3. The workers and workers' representatives referred 
to in the introductory part of paragraph 2 may not be 
placed at any disadvantage because of their specific 
responsibility for the safety and health of workers. Unchanged (becomes paragraph 4) 
4. Employers must allow workers' representatives with 
specific responsibility for the safety and health of 
workers adequate time off work, without loss of pay, 
and provide them with the necessary means to enable 
such representatives to exercise their rights and functions 
deriving from this Directive. Unchanged (becomes paragraph 5) 
7. 7. 89 Official Journal of the European Communities No C 172/15 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
5. Workers and/or their representatives are entitled to 
appeal, in accordance with national law and/or practice, 
to the authority responsible for safety and health 
protection at work if they consider that the measures 
taken and the means employed by the employer are 
inadequate for the purposes of ensuring safety and health 
at work. 
Workers' representatives must be given the opportunity 
to submit their observations during inspection visits by 
the competent authority. Unchanged (becomes paragraph 6) 
Workers' representatives and the workers designated in 
accordance with Article 7 (1) must be invited to — and 
be able to submit their observations at — inspection visits 
by the competent authorities. 
Article 12 
Training of workers 
1. The employer shall ensure that each worker 
receives adequate safety and health training, in particular 
in the form of information and instructions specific to his 
workstation or job: Article 12 
Training of workers 
Unchanged 
— on recruitment, 
— in the event of a transfer or a change of job, 
— in the event of the introduction of new working 
equipment or a change in equipment, 
— in the event of the introduction of any new tech­
nology. 
The training shall be: 
— adopted to take account of new or changed risks, 
and 
— repeated periodically if necessary. 
2. The employer shall ensure that workers from 
outside undertakings and/or establishments engaged in 
work in his undertaking and/or establishment have in 
fact received appropriate instructions regarding health 
and safety risks during their activities in his undertaking 
and/or establishment. Unchanged 
3. Workers' representatives with a specific role in 
protecting the safety and health of workers shall be 
entitled to appropriate training. Unchanged 
4. The training referred to in paragraphs 1 and 3 may 
not be at the workers' expense or at that of the workers' 
representatives. 
The training referred to in paragraph 1 must take place 
during working hours. 
The training referred to in paragraph 3 must take place 
during working hours or in accordance with national 
practice. First part unchanged 
The training referred to in paragraph 3 must take place 
during working hours or in accordance with national 
practices, either inside or outside the enterprise and/or 
establishment. 
No C 172/16 Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL 
SECTION III 
WORKERS' OBLIGATIONS 
Article 13 
1. It shall be the responsibility of each worker to take Unchanged 
care as far as possible of his own safety and health and 
that of other persons affected by his acts or omissions at 
work in accordance with his training and the instructions 
given by his employer. 
2. To this end, workers must, in particular, in Unchanged 
accordance with their training and the instructions given 
by their employer: 
(a) make correct use of machinery, apparatus, tools, 
dangerous substances, transport equipment and other 
means of production; 
(b) make correct use of the personal protective 
equipment supplied to them and, after use, return it 
to its proper place; 
(c) refrain from disconnecting, changing or removing 
arbitrarily safety devices fitted e.g. to machinery, 
apparatus, tools, plant and buildings, and use such 
safety devices correctly; 
(d) immediately inform the employer and/or the 
workers with specific responsibility for the safety and 
health of workers of any work situation they have 
reasonable grounds for considering represents a 
serious and immediate danger to safety and health 
and of any shortcomings in the protection 
arrangements; 
(e) cooperate, in accordance with national practice, with 
the employer and/or workers with specific responsi­
bility for the safety and health of workers, for as 
long as may be necessary to enable any tasks or 
requirements imposed by the competent authority to 
protect the safety and health of workers at work to 
be carried out; 
(f) cooperate, in accordance with national practice, with 
the employer and/or workers with specific responsi­
bility for the safety and health of workers, for as 
long as may be necessary to enable the employer to 
ensure that the working environment and working 
conditions are safe and pose no risk to safety and 
health within their field of activity. REVISED COMMISSION PROPOSAL 
SECTION III 
WORKERS' OBLIGATIONS 
Article 13 
7. 7. 89 Official Journal of the European Communities No C 172/17 
COMMON POSITION ADOPTED BY THE COUNCIL REVISED COMMISSION PROPOSAL 
SECTION IV 
MISCELLANEOUS PROVISIONS 
Article 14 
Health surveillance SECTION rv 
MISCELLANEOUS PROVISIONS 
Article 14 
Health surveillance 
1. To ensure that workers receive health surveillance 
appropriate to the health and safety risks they incur at 
work, measures shall be introduced in accordance with 
national law and/or practices. Unchanged 
2. The measures referred to in paragraph 1 shall be 
such that each worker, if he so wishes, may receive 
health checks at regular intervals. Unchanged 
3. Health surveillance may be provided as part of a Unchanged 
national health system. 
Article 15 
Risk groups 
Particularly sensitive risk groups must be protected 
against the dangers which specifically affect them. Article 15 
Risk groups 
Unchanged 
Article 16 
Individual Directives 
Amendments 
General scope of this Directive 
1. The Council, acting on a proposal from the 
Commission based on Article 118a of the Treaty, shall 
adopt individual directives inter alia in the areas listed in 
the Annex. Article 16 
Individual Directives 
Amendments 
General scope of this Directive 
Unchanged 
2. This Directive and, without prejudice to the Unchanged 
procedure referred to in Article 17 concerning technical 
adjustments, the individual directives, may be amended 
in accordance with the procedure provided for in Article 
118a of the Treaty. 
3. The provisions of this Directive shall apply in full Unchanged 
to all the areas covered by the individual directives, 
without prejudice to more stringent and/or specific 
provisions contained in these individual directives. 
Article 17 
Committee Article 17 
Committee 
1. For the purely technical adjustments to the indi­
vidual directives provided for in Article 16 (1) to take 
account of: Unchanged 
No C 172/IS Official Journal of the European Communities 7. 7. 89 
COMMON POSITION ADOPTED BY THE COUNCIL 
— the adoption of directives in the field of technical 
harmonization and standardization, and/or 
— technical progress, changes in international regu­
lations, or 
— specifications, and new findings, 
the Commission shall be assisted by a committee 
composed of the representatives of the Member States 
and chaired by the representative of the Commission. REVISED COMMISSION PROPOSAL 
2. The representative of the Commission shall submit 
to the committee a draft of the measures to be taken. 
The committee shall deliver its opinion on the draft 
within a time limit which the Chairman may lay down 
according to the urgency of the matter. 
The opinion shall be delivered by the majority laid down 
in Article 148 (2) of the Treaty in the case of decisions 
which the Council is required to adopt on a proposal 
from the Commission. 
The votes of the representatives of the Member States 
within the committee shall be weighted in the manner set 
out in that Article. The Chairman shall not vote. Unchanged 
3. The Commission shall adopt the measures 
envisaged if they are in accordance with the opinion of 
the committee. 
If the measures envisaged are not in accordance with the 
opinion of the committee, or if no opinion is delivered, 
the Commission shall, without delay, submit to the 
Council a propsal relating to the measures to be taken. 
The Council shall act by a qualified majority. 
If, on the expiry of three months from the date of the 
referral to the Council, the Council has not acted, the 
proposed measures shall be adopted by the Commission. Unchanged 
Article 18 
Final provisions Article 18 
Final provisions 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 31 December 1992. Unchanged 
They shall forthwith inform the Commission thereof. 
7. 7. 89 Official Journal of the European Communities No C 172/19 
COMMON POSITION ADOPTED BY THE COUNCIL 
2. Member States shall communicate 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. 
3. Member States shall report to the Commission 
every five years on the practical implementation of the 
provisions of this Directive, indicating the points of view 
of employers and workers. 
The Commission shall inform the European Parliament, 
the Council, the Economic and Social Committee and 
the Advisory Committee on Safety, Hygiene and Health 
Protection at Work. 
4. The Commission shall submit periodically to the 
European Parliament, the Council and the Economic 
and Social Committee a report on the implementation of 
this Directive, taking into account paragraphs 1 to 3. 
Article 19 
This Directive is addressed to the Member States. 
ANNEX REVISED COMMISSION PROPOSAL 
Unchanged 
3. Member States shall report to the Commission 
every three years on the application of the provisions of 
this Directive, having regard to the point of view of 
employers and workers. 
Unchanged 
Unchanged 
Article 19 
Unchanged 
ANNEX 
Unchanged