WRITTEN QUESTION E-0047/01

by Mauro Nobilia (UEN) to the Commission

(22 January 2001)

Subject: The particular working conditions of workers employed by Saipem and Saitre belonging to the ENI group in Italy

Employees who carry out drilling work for Saipem and Saitre, companies in the ENI group (Italy) which are involved in oil prospecting, work 84 hours per week. This category of worker is employed between 15 and 18 days per month, starting at 8.00 a.m. and finishing at 8.00 p.m. They work in all weathers, with temperatures ranging from 40 °C in summer to below zero in winter. These particular working conditions expose this category to a higher than average risk of accidents. They are not yet recognised as a category exposed to the risks of strenuous work and do not therefore enjoy the relevant safeguards. In view of the above, can the Commission ascertain whether the above details are true, whether the working hours of those carrying out drilling work for Saipem and Saitre contravene Community legislation

on working hours, and whether this particular category of workers should, because of the working hours, the specific climatic conditions under which they work and the high risk of accidents, be recognised as entitled to the special safeguards for strenuous work?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 March 2001)

The Commission was not aware of the specific case raised by the Honourable Member. However, the provisions of Council Directive 93/104/EC, of 23 November 1993, concerning certain aspects of the organisation of working time(1), in principle, apply to oil drilling work carried out on land. Under this Directive, workers are entitled to a minimum daily rest period of 11 consecutive hours per 24-hour period; a rest break where the working day is longer than six hours; an uninterrupted rest period of 24 hours for each seven-day period and a limit on the length of night work to an average of eight hours in any 24-hour period. Derogations to these rules are allowed in certain limited circumstances. In addition, the Directive provides that the average working time for workers for each seven-day period, including overtime, shall not exceed 48 hours. For the calculation of this average, the Directive allows a reference period of four months (with a possibility of limited derogations from this rule). Finally, workers are entitled to paid annual leave of at least four weeks.

Italy has yet to notify officially the Commission of all of its national implementing measures. The Court of Justice has condemned Italy for failure to adopt measures implementing this Directive (Case C-386/98, Commission v. Italian Republic, judgment of 9 March 2000(2)).

In the case of oil drilling work carried out at sea, in accordance with Article 1(3) of Council Directive 93/104/EC, this type of activity (other work at sea) initially fell outside the scope of the Directive. However, it falls within the scope of Directive 2000/34/EC of the Parliament and of the Council of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive(3). The implementation deadline for this Directive is 1 August 2003 (except for doctors in training).

Drilling to prospect for minerals (hydrocarbons, whether oil or gas) has warranted special treatment at Community level given that such activities are fraught with high risk for workers.

As is the case for any other activity, framework Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4) is fully applicable here. Nevertheless, given the particular conditions of work on on-shore and off-shore installations, an individual directive was adopted, viz. Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling(5).

Among other things, the annex to this Directive sets out minimum health and safety requirements regarding the stability and solidity of installations, organisation and supervision, protection from harmful atmospheres and explosion risks, and as regards outdoor workplaces. In this connection the minimum requirement mentioned in 18.3(a) of Part A of the Annex should be singled out, which says that outdoor workplaces must be arranged in such a way that workers are protected against inclement weather conditions.

Furthermore, other horizontal directives still apply in this sector, inter alia, Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work(6); Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work(7) as amended by Council Directive 95/63/EC of 5 December 1995(8); Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace(10); Council Directive 90/269/EEC of 29 May 1990

on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers(9). Inspection and monitoring of application of national legislation which transposes these directives is the responsibility of the competent national authorities.

(1) OJ L 307, 13.12.1993.

(2) ECR 2000, p. I-1277.

(3) OJ L 195, 1.8.2000.

(4) OJ L 183, 29.6.1989.

(5) OJ L 348, 28.11.1992.

(6) OJ L 137, 24.5.1986.

(7) OJ L 393, 30.12.1989.

(8) OJ L 335, 30.12.1995.

(9) OJ L 156, 21.6.1990.

(10) OJ L 393, 30.12.1989.