WRITTEN QUESTION P-2836/01

by Dirk Sterckx (ELDR) to the Commission

(5 October 2001)

Subject: Implementation of Directive 92/57/EEC on temporary and mobile construction sites

In accordance with Article 3 of the eighth individual Directive 92/57/EEC(1) of the Council of the European Communities of 24 June 1992 on minimum safety and health requirements at temporary or mobile constructions sites, a safety coordinator must be appointed for any construction site on which more than one contractor is present. On smaller sites, such as reconstruction of individual family houses, that can mean a substantial extra cost that, on some estimates, can run to as much as 5 % of the total cost of the work.

Can a Member State issue an exemption from appointing a safety coordinator for the construction or renovation of individual family houses, on the grounds that the requirement imposed by the directive would result in excessive extra costs to individuals?

Does the directive, while still enforcing the appointment of a safety coordinator, nevertheless allow Member States the option, in the case of individual family house construction or renovation, of granting exemptions from the requirements of drawing up a safety plan and work-completion file or maintaining a coordination journal?

What is the position with regard to the directive's implementation in Member States?

(1) OJ L 245, 26.8.1992, p. 6.

Answer given by Ms Diamantopoulou on behalf of the Commission

(12 November 2001)

Article 3 of Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(1) requires the client or project supervisor to appoint one or more coordinators for safety and health matters, as defined in the Directive, for any construction site on which more than one contractor is present.

Construction site is defined in Article 2(a) as any construction site at which building or civil engineering works are carried out, a non-exhaustive list of such works being given in Annex I(2).

This means that the construction of private housing is also covered by the provisions of the Directive. Consequently, a Member State cannot grant exemptions from the obligation to appoint a safety coordinator for the construction or renovation of private dwellings if several contractors are present on the site.

However, it should be pointed out that this obligation would not automatically involve substantial extra costs at this type of site. The coordinator may well be the client or the project supervisor. Moreover, it is unusual for there to be a large number of contractors present on such sites.

As for the requirement to draw up a safety and health plan, Article 3(2) of the Directive requires the client or project supervisor to ensure that a safety and health plan is prepared before a construction site is set up. This requirement applies to any construction site covered by the definition given in Article 2 of the Directive. However, the second paragraph of Article 3(2) of the Directive allows for derogations. Under this Article, the Member States may, after consulting both management and the workforce, allow derogations from the provisions of the first paragraph, except where the work concerned involves particular risks as listed in Annex II or where the work requires prior notice under Article 3(3).

With regard to the implementation of Directive 92/57/EEC, all the Member States have to inform the Commission of their national measures transposing the directive. To the Commission's knowledge, there have been no infringements or any other special problems concerning the directive's implementation.

(1) OJ L 245, 26.8.1992.

(2) Annex I: Non-exhaustive list of building and civil engineering works referred to in Article 2(a) of the Directive 1. Excavation. 2. Earthworks. 3. Construction. 4. Assembly and disassembly of prefabricated elements. 5. Conversion or fitting-out. 6. Alterations. 7. Renovation. 8. Repairs. 9. Dismantling. 10. Demolition. 11. Upkeep. 12. Maintenance painting and cleaning work. 13. Drainage.