8. 5. 89 Official Journal of the European Communities No C 115/27 
Amended proposal for a Council Directive concerning the minimum safety and health 
requirements for the use by workers of individual protection equipment at the workplace (J) 
COM(89) 87 final — SYN 126 
(Third 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 20 March 
1989) 
(89/C 115/02) 
(!) OJ No C 161, 20.6. 1988, p. 1. 
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 
on 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, to promote the health 
and safety of workers; 
Whereas Article 118A also recommends that Directives 
shall avoid imposing administrative, financial and legal 
constraints which could hold back the creation and 
development of small and medium-sized undertakings 
(SMUs); 
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; 
Whereas the Council 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 safety and health of 
workers at work; 
Whereas the completion of the internal market entails the 
drawing up of a Directive 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 personal protective equipment a condition for the 
placing on the market and free movement throughout the 
Community of such equipment; Whereas Article 118A of the Treaty provides that the 
Council shall issue Directives containing minimum 
requirements designed to encourage improvements, espe­
cially in the working environment, to guarantee greater 
protection of the health and safety of workers; 
(deleted) 
Whereas the communication from the Commission on its 
programme concerning safety, hygiene and health at work 
provides for the adoption of a Directive on the use of 
personal protective equipment at work; 
Whereas the Council, in its Resolution of 21 December 
1987 concerning safety, hygiene and health at work, noted 
the Commission's intention of submitting to it in the near 
future minimum requirements concerning the organization 
of the safety and health of workers at work; 
(unchanged) 
t1) Following the opinion of the European Parliament of 
14 December 1988. 
No C 115/28 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Whereas it is necessary to supplement this Directive, which 
only refers to the placing of personal protective equipment 
on the Community market, by minimum safety and health 
requirements for the use of personal protective equipment; (unchanged) 
Whereas this Directive introduces a social element in 
relation to a technical harmonization directive aiming at 
the completion of the internal market for personal 
protective equipment; 
Whereas compliance with the minimum requirements 
designed to guarantee greater health and safety at work is 
essential to ensure the safety and health of workers and 
whereas these requirements are also necessary to encourage 
fair competition; 
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 the workplace and whereas con­
sequently the provisions of the latter shall apply fully to the 
use by workers of personal protective equipment at the 
workplace, without prejudice to more stringent and/or 
specific provisions contained in this Directive; 
Whereas collective means of protection shall be accorded 
priority over individual protective equipment; Whereas collective means of protection shall be accorded 
priority over individual protective equipment and whereas 
the employer shall be required to provide safety equipment 
and take safety measures suited, in particular, to the 
machinery used; 
Whereas the use of personal protective equipment 
presupposes that workers are in situations which pose a 
risk to their safety and health and that it is important, in 
such a situation, to encourage the involvement of the 
worker in all aspects of the use of personal protective 
equipment; (deleted) 
Whereas this Directive lays down essential minimum 
requirements to protect the safety and health of workers, 
without impeding the retention or institution by each 
Member State of more stringent measures to protect 
working conditions; (deleted) 
Whereas these requirements should not entail alterations to 
personal protective equipment whose design and manufac­
ture were covered by Community Directives relating to 
safety and health at work; Whereas the requirements laid down in this Directive 
should not entail alterations to personal protective 
equipment whose design and manufacture were covered by 
Community Directives relating to safety and health at 
work; 
Whereas it is important to promote the cooperation of both 
sides of industry, in decisions and activities relating to the 
protection of safety and health at the workplace, at all 
levels; (deleted) 
Whereas a Committee should be set up within the 
Commission to assist the Commission in the implemen­
tation of additional measures provided for by the 
Directive; (deleted) 
8. 5. 89 Official Journal of the European Communities No C 115/29 
COMMISSION PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: 
Object 
Article 1 
The object of this Directive, which is an individual directive 
within the meaning of Article 13 of Directive ..., is the 
protection of workers against the risks to their safety and 
health at work where such risks cannot be avoided or 
sufficiently overcome by collective means of protection or 
by organizational measures, methods or procedures. 
Definitions 
Article 2 
1. This Directive applies to personal protective equip­
ment used at work. It lays down supplementary provisions 
for this type of equipment to those given in Council 
Directive ... concerning the assimilation of Member States' 
legislation on personal protective equipment. 
2. For the purposes of this Directive, the following terms 
have the meanings hereby assigned to them: 
— Workplace 
Any place to which the worker has access in the 
undertaking and/or establishment. 
— Worker 
Any person who performs work in some form, including 
students undergoing training and apprentices. 
— Undertaking and/or establishment 
A public-sector or private-sector body engaging in 
particular in industrial, agricultural, commercial, 
administrative, service, educational or cultural ac­
tivities. AMENDED COMMISSION PROPOSAL 
Whereas, pursuant to Decision 74/325/EEC (!), the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work shall be consulted by the Commission 
with a view to drawing up proposals in this field, 
1. The object of this Directive, which is an individual 
Directive within the meaning of Article 16 of the Directive, 
on the introduction of measures to encourage improve­
ments in the safety and health of workers at the 
workplace ..., is the protection of workers against the risks 
to their safety and health at work where such risks cannot 
be avoided or sufficiently overcome by technical means of 
collective protection or by organizational measures, 
methods or procedures. 
2. This Directive applies to personal protective equip­
ment used at work. It lays down provisions for this type of 
equipment which supplement those in the Council 
Directive on the approximation of the laws of the Member 
States relating to personal protective equipment. 
3. The provisions of the Direcive referred to in para­
graph 1 shall apply fully to the use by workers of personal 
protective equipment at the workplace, without prejudice 
to more stringent and/or specific provisions contained in 
this Directive. 
(deleted) [becomes Article 1(2)] 
(unchanged) (no paragraph number) 
(deleted) 
(deleted) 
(deleted) 
(!) OJ No L 185, 9.7. 1974. 
No C 115/30 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
- Employer 
The body or person in charge of the undertaking and/or 
enterprise. 
- Personal protective equipment 
All equipment designed to be worn or held by the 
worker to protect him against one or more hazards 
liable to endanger his safety and health at work. 
Annex B to Annex III contains a non-exhaustive list, as 
a guideline, of personal protective equipment covered 
by this definition. 
The following are also considered to be personal 
protective equipment: 
— an assembly of several integrally-linked devices or 
means designed to protect the worker against one or 
more risks liable to be encountered simultaneously, 
— a device or means of protection attached, whether 
permanently or not, to an item of personal non-
protective equipment worn or held by the worker in 
order to perform an activity, 
— interchangeable components of an item of personal 
protective equipment which are essential for its 
efficient functioning. 
Any linking system to connect personal protective 
equipment to an outside device, even when this linking 
system is not designed to be worn or held permanently 
by the worker during exposure to the risk or risks. 
The definition excludes: 
— ordinary working clothes and uniforms not specif­
ically designed to protect the safety and health of the 
worker, 
— equipment used by emergency and rescue services, 
— personal protective equipment worn or used by the 
military, the police and other public order agencies, 
— means of private transport and related equipment, 
— sports equipment, 
— self-defence or deterrent equipment, 
— portable devices for detecting and signalling risks 
and nuisances. 
Annex II contains a non-exhaustive list, as a guideline, 
of personal protective equipment covered by this 
definition. (deleted) 
Personal protective equipment 
Any equipment designed to be worn or held by the worker 
to protect him against one or more hazards liable to 
endanger his safety or health at work. 
(deleted) 
(deleted) 
(deleted) 
(deleted) 
(unchanged) 
(unchanged) 
General provisions 
Article 2a 
Member States shall ensure that an adequate system of 
checks and surveillance is implemented for the purposes of 
this Directive. 
8. 5. 89 Official Journal of the European Communities No C 115/31 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
Article 3 
Personal protective equipment shall be used when the risks 
cannot be avoided, or adequately overcome by the other 
means indicated in Article 1. Personal protective equipment shall be used when the risks 
cannot be avoided, or adequately overcome by the other 
means indicated in Article 1(1). 
Article 4 
1. Personal protective equipment should: 
— be appropriate for the risks involved, 
— be adapted or adaptable to the individual worker, 
— correspond to the conditions at the workplace, 
— take account of ergonomic requirements, 
— take account of the worker's state of health, 
— if possible, incorporate corrective elements required by 
the user. 
2. Where the presence of more than one risk makes it 
necessary for a worker to wear more than one item of 
personal protective equipment, such equipment must be 
compatible and continue to be effective against each risk. 
3. The conditions of use of personal protective equip­
ment, in particular the period for which it is worn, shall be 
determined on the basis of the seriousness of the risk, the 
frequency of exposure to the risk and the characteristics of 
the work station of each worker. 
4. Personal protective equipment is, in principle, intended 
for personal use. If the circumstances permit personal 
protective equipment to be worn by more than one person, 
appropriate measures shall be taken to ensure that this does 
not create any health or hygiene problems for the different 
users. 
5. Adequate information on each item of personal 
protective equipment, required under paragraphs 1 and 2, 
shall be provided and made available within the undertak­
ing. 
6. Personal protective equipment shall normally be 
provided free of charge by the employer, who shall ensure 
that they are kept clean and in good working order, by 
carrying out the necessary maintenance, repair and 
replacements. 1. (unchanged) 
2. Where the presence of more than one risk makes it 
necessary for a worker to wear more than one item of 
personal protective equipment, such equipment must be 
compatible and continue to be effective against the risk or 
risks in question. 
(unchanged) 
(unchanged) 
(unchanged) 
6. Personal protective equipment shall be provided free of 
charge by the employer, who shall ensure that it is kept 
clean and in good working order, by carrying out the 
necessary maintenance, repair and replacements. 
Assessment of personal protective equipment 
Article 5 
1. When choosing personal protective equipment, the 
employer is required to assess whether the equipment he 
intends to use satisfies the requirements of Article 4(1) and 
(2). (unchanged) 
1. (beginning unchanged) 
No C 115/32 Official Journal of the European Communities 8. 5. 89 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
This assessment shall involve: 
(a) analysis of risks which cannot be avoided by other 
means. Annex I comprises a chart, as a guideline, for 
this analysis; 
(b) the definition of the characteristics which personal 
protective equipment must have in order to be effective 
against the risks referred to in (a) above, taking into 
account any risks which this equipment itself may 
create; 
(c) a comparison of the characteristics of the personal 
protective equipment available with the characteristics 
referred to in (b). Annex II gives guidelines on the 
existence of personal protective equipment. Annex III 
gives non-exhaustive guidelines for an assessment of 
certain types of personal protective equipment. 
2. The assessment provided for in paragraph 1 shall be 
repeated if any changes are made to any of its elements. (a) an analysis and assessment of risks which cannot be 
avoided by other means. Annex I comprises a chart, as a 
guideline, for this analysis; 
(unchanged) 
(unchanged) 
(unchanged) 
Regulations for use 
Article 6 
1. Notwithstanding the provisions of Articles 3, 4 and 5, 
the Member States shall establish regulations to constitute 
a framework for the use of personal protective equipment, 
taking account of Community legislation on the free 
movement of such equipment. 
These regulations shall indicate in particular the circum­
stances, activities or sectors of activity in which the use of 
personal protective equipment is required. 
Member States shall take account of Annexes I, II, III and 
IV when establishing such regulations. 
2. The Member States shall adapt the regulations referred 
to in paragraph 1 to take account of any significant changes 
to the risks, collective means of protection and personal 
protective equipment brought about by technological 
developments. 
3. The Member States shall consult management and 
workers before establishing the regulations referred to in 
paragraphs 1 and 2. (unchanged) 
(unchanged) 
3. The Member States shall consult employers' and 
workers' organizations before drawing up the regulations 
referred to in paragraphs 1 and 2. 
Collaboration between the social partners 
Article 7 
1. The employer is required to involve the workers and/ 
or their representatives in the undertaking or establishment 
in the drawing up and/or implementation of: 
— the policy for personal protection in the undertaking, 
— the principle for use established in Article 3, 1. In connection with personal protective equipment, 
workers and/or their representatives shall, pursuant to 
Article 10 of the Directive referred to in Article 1(1) of this 
Directive, be consulted on the drawing up and/or 
implementation of: 
(unchanged) 
8. 5. 89 Official Journal of the European Communities No C 115/33 
COMMISSION PROPOSAL AMENDED COMMISSION PROPOSAL 
— the conditions for use described in Article 4(3), (4), (5) 
and (6), 
— the assessment procedure described in Article 5, 
— the choice of types of personal protective equipment, 
— measures to be taken to reduce the constraints which the 
wearing of certain items of personal protective 
equipment can involve for the worker, 
— measures to be introduced to ensure that personal 
protective equipment is correctly used by workers, in 
particular the provision of information and, if neces­
sary, adequate training, 
— measures to be taken to avoid any risks which may 
result from the use of certain items of personal 
protective equipment. 
2. The provisions set out in paragraph 1 do not affect the 
employer's responsibility. 
3. The authority responsible for safety and health at 
work shall take the necessary measures to encourage the 
implementation and application of paragraph 1 in the 
undertaking. (deleted) 
(unchanged) 
Article 8 
1. Annexes I, II, III and IV shall be changed as a result of: 
— the adoption of technical harmonization and standardi­
zation Directives relating to the design and manufacture 
of personal protective equipment, 
— technical progress and changes in international regu­
lations and specifications or knowledge in the field of 
personal protective equipment. 1. In view of the changes to Annexes I, II, III and IV 
resulting from: 
— the adoption of technical harmonization and standardi­
zation Directives relating to personal protective 
equipment, 
— technical progress and changes in international regu­
lations and specifications or knowledge in the field of 
personal protective equipment. 
2. The Commission shall be assisted in making the 
changes referred to in paragraph 1 by a Committee using 
the procedure set out in Article 14 of Directive ... The Commission shall be assisted by the Committee in 
accordance with the procedure provided for in Article 17 of 
the Directive referred to in Article 1(1) of this Directive. 
Article 9 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 1. July 1990 at the latest and 
shall immediately inform the Commission thereof. 
2. Member States shall communicate to the Commission 
the text of the national provisions which they adopt in the 
field covered by this Directive. The Commission shall 
inform the other Member States thereof. 
3. Member States shall report to the Commission every 
two years on the practical implementation of the provisions 
of this Directive in undertakings, indicating the points of 
view of employers and workers. 1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by the date laid down for the 
entry into force of the Directive on the approximation of 
the laws of the Member States relating to personal 
protective equipment. They shall immediately inform the 
Commission thereof. 
2. Member States shall communicate to the Commission 
the text of the national provisions which they adopt, as well 
as those already adopted, 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 in undertakings, indicating the points of 
view of employers and workers. 
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.