CELEX: 51988PC0802
Language: en
Date: 1988-12-05
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH OF WORKERS AT THE WORKPLACE

6. 2. 89                                 Official Journal of the European Communities                               No C 30/19
                 Amended proposal for a Council Directive on the introduction of measures to encourage
                         improvements in the safety and health of workers at the workplace (*)
                                                 COM(88) 802 final — SYN 123
                    (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on
                                                        5 December 1988)
                                                          (89/C 30/03)
             f1) OJNo C 141,30.5. 1988, p. 1.
                                                  FRAMEWORK DIRECTIVE (73)
            ORIGINAL COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                      [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                        OF 16 NOVEMBER 1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            (Start of text unchanged)
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 118A
thereof,
Having regard to the Commission proposal 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 Treaty provides that the                Whereas Article 118A of the Treaty provides that the
Council shall adopt, by means of Directives, minimum                Council shall adopt, by means of Directives, minimum
requirements for encouraging improvements as regards the            requirements for encouraging improvements, especially in
health and safety of workers, especially in the working             the working environment, to guarantee a better level of
environment;                                                        protection of the safety and health of workers;
                                                                    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.
                                                                    Whereas it is known that workers can be exposed to the
                                                                    effects of dangerous environmental factors at the work-
                                                                    place during the course of their working life;
Whereas Article 118A also recommends that Directives                (Unchanged)
shall avoid imposing administrative, financial and legal
constraints which would hold back the creation and
development of small and medium-sized undertakings;
Whereas the communication from the Commission on its                (Unchanged)
programme concerning safety, hygiene and health at work
provides for the adoption of Directives designed to
guarantee the safety and health of workers;
 ---pagebreak---  No C 30/20                                Official Journal of the European Communities                                    6. 2. 89
               ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                           OF 16 NOVEMBER 1988
 Whereas the Council Resolution of 21 December 1987 on                (Unchanged)
 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;
                                                                      Whereas in February 1988, following the debate on the
                                                                      internal market and worker protection, the European
                                                                      Parliament adopted four resolutions specifically inviting
                                                                      the Commission to draw up a framework Directive to serve
                                                                      as a basis for more specific Directives covering all the risks
                                                                      connected with health and safety at the workplace;
Whereas Member States have a responsibility to ensure the            Whereas Member States have a responsibility to encourage
safety and health of persons on their territory, and of               improvements in the safety and health of persons on their
workers in particular;                                               territory, and of workers in particular;
Whereas Member States' legislative systems differ widely             Whereas Member States' legislative systems differ widely
with regard to the prevention of work accidents and                  with regard to the prevention of work accidents and
occupational diseases;                                               occupational diseases 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 competition at the expense of safety and health;
                                                                     Whereas protecting the health and safety of workers also
                                                                     helps, in certain cases, to preserve the health and safety of
                                                                     persons residing with them;
Whereas the incidence of accidents at work is still                  Whereas the incidence of accidents at work and occup-
regrettably high, and preventive measures must be                    ational diseases is still regrettably high, and whereas
introduced or improved in order to guarantee the safety              preventive measures must therefore be immediately
and health of workers;                                               introduced or improved in order to guarantee a higher
                                                                     degree of protection;
Whereas, in order to achieve the maximum degree of                   Whereas, in order to achieve the maximum degree of
protection which is reasonably practicable, it is essential          protection which is reasonably practicable, it is essential
that workers and their representatives be informed of the            that workers and their representatives be informed of the
risks to their safety and health and of the measures required        risks to their safety and health and of the measures required
to reduce or eliminate these risks, and be allowed to verify         to reduce or eliminate these risks; whereas it is also
that the necessary protective measures have indeed been              essential that they be allowed to verify and ensure, by
taken;                                                               means of balanced participation in accordance with
                                                                     national practice and/or legislation, that the necessary
                                                                     protective measures have indeed been taken;
Whereas cooperation between employers and workers and                Whereas information, dialogue and negotiations on safety
workers' representatives must be strengthened;                       and health at work must be developed between employers
                                                                     and workers and their representatives by means of
                                                                     appropriate procedures and instruments, in accordance
                                                                     with national practice and/or legislation;
 ---pagebreak--- 6. 2. 89                                  Official Journal of the European Communities                                 No C 30/21
             ORIGINAL COMMISSION PROPOSAL                                           AMENDED COMMISSION PROPOSAL
                       [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                          OF 16 NOVEMBER 1988
Whereas it is recognized as essential to take safety and             Whereas the improvement of safety and health at work and
health considerations into account from the earliest stages          of the physical and mental health of workers are objectives
of workplace design;                                                 which should not be subordinated to purely economic
                                                                     considerations;
Whereas employers must keep abreast of technological                 Whereas employers and workers' representatives exercis-
progress in order to provide optimum safety and health               ing participation rights under this Directive shall be obliged
protection for their workers;                                        to keep themselves informed of the latest advances in
                                                                     technology and scientific findings concerning workplace
                                                                     design, so as to be able to guarantee a better level of
                                                                     protection of workers' health and safety.
Whereas this Directive constitutes an overall social                 Whereas the provisions of this Directive apply to risks from
complement to various technical harmonization Directives             all sources, and in particular to those arising from the use at
designed to complete the internal market, and whereas it             work of chemical, physical and biological agents covered
supplements the provisions of Directive 80/1107/EEC of               by Directive 80/1107/EEC of 27 November 1980, without
27 November 1980;                                                    prejudice to more stringent Community provisions already
                                                                     in force;
Whereas it is planned, as of now, to establish specific              Whereas, pursuant to Council Decision 74/325/EEC of
provisions containing measures liable to improve safety              27 June 1974, the Advisory Committee on Safety, Hygiene
and health at work;                                                  and Health Protection at Work is required to be consulted
                                                                     by the Commission with regard to the drafting of proposals
                                                                     in this field;
Whereas a committee composed of members nominated by                 Whereas a Committee composed of members nominated
the Member States needs to be set up to assist the                   by the Member States needs to be set up to assist the
Commission in implementing the supplementary measures                Commission in making the technical adaptations provided
provided for by the Directive;                                       in this Directive;
HAS ADOPTED THIS DIRECTIVE:
                           Object
                          Article 1
                                                                     1.
The object of this Directive is the introduction of measures         The object of this Directive is the introduction of measures
to encourage improvements in the safety and health of                to encourage improvements in the safety and health of
workers at the workplace. The Directive contains general             workers at the workplace. The Directive contains general
principles concerning in particular the prevention of                principles concerning the prevention of occupational risks
occupational risks, the protection of safety and health and          and the protection of safety and health, the elimination of
the informing, consultation and training of workers and              sources of accidents and hazards, the informing and
their representatives, as well as general principles concern-        consulting of workers, worker participation in accordance
ing the implementation of such measures.                             with national practice and/or legislation, the training of
                                                                     workers and their representatives, as well as general
                                                                     principles concerning the implementation of such meas-
                                                                     2.
                                                                     If the particular nature of certain public sector activities
                                                                     (e.g. the armed forces, the police and the emergency
                                                                     services) demands it, the provisions of this Directive shall
                                                                     not apply. However, in all these cases care must be taken to
                                                                     ensure a higher level of protection of workers' health and
                                                                     safety in accordance with the aims of this Directive.
 ---pagebreak---  No C 30/22                                Official Journal of the European Communities                                    6. 2. 89
               ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                         OF 16 NOVEMBER 1988
                                                                      3.   (new)
                                                                      This Directive shall be without prejudice to any national
                                                                      and Community provisions prevailing at the time of its
                                                                      entry into force which provide for a higher level of safety
                                                                      and health protection at work.
                          Definitions
                           Article 2
For the purposes of this Directive, the following terms have          For the purposes of this Directive, the following terms have
the meaning hereby assigned to them:                                  the meanings hereby assigned to them:
—     workplace:
    any place to which the worker has access in the                   (Unchanged)
    undertaking and/or establishment;
— worker:
    any person who performs work in some form, including              (Unchanged)
    students undergoing training and apprentices;
— undertaking and/or        establishment:                           — undertaking and/or       establishment:
    a public-sector or private-sector entity engaging in                 a public-sector or private-sector entity engaging in
    particular in industrial, agricultural, commercial,                  particular in industrial, agricultural, commercial,
    administrative, educational, cultural or service ac-                 administrative, educational, cultural, leisure or service
    tivities ;                                                           activities;
— employer:
    the body or person in charge of the undertaking and/or            (Unchanged)
    establishment;
    prevention:
    all the provisions of measures taken or developed at              (Unchanged)
    each stage of the activities performed within the
    undertaking with a view to avoiding or reducing the
    occupational risks;
                                                                     — workers' safety and health       representatives:
                                                                         the person or persons elected, chosen or designated, in
                                                                         accordance with national practice and/or legislation, to
                                                                         represent the workers with regard to problems of safety
                                                                         and health protection at work;
    occupational   risk:
    any work-related situation liable to damage the physical         (Unchanged)
    or psychological safety and/or health of the worker,
    excluding accidents on the way to and from work.
                           Article 3
Member States shall ensure that employers, workers and               Member States shall take the requisite measures to ensure
workers' representatives comply with those provisions of             that employers, workers and workers' representatives
this Directive which apply to them.                                  comply with the legal obligations necessary for the
                                                                     implementation of this Directive;
 ---pagebreak--- 6. 2. 89                                  Official Journal of the European Communities                             No C 30/23
              ORIGINAL COMMISSION PROPOSAL                                        AMENDED COMMISSION PROPOSAL
                       [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                         OF 16 NOVEMBER 1988
               Responsibility of the employer                                      Responsibility of the employer
                          Article 4                                                            Article 4
1. The employer shall be responsible for the safety and              1. The employer shall be responsible for the safety and
health of the workers in every aspect which is directly or           health of the workers in every aspect which is directly or
indirectly related to the work in the undertaking and/or             indirectly related to the work or to presence in the
establishment.                                                       undertaking and/or establishment.
2. Where an employer calls in a specialist safety and                2.   (Unchanged)
health service or an outside consultant for organization of
protective measures, this shall not discharge him from his
responsibilities in this area.
3. The obligations of the workers in these fields shall not          3. The obligations of the workers in these fields shall not
affect the principle of the employer's responsibility.               affect the principle of the employer's responsibility. The
                                                                     employer may not transfer that responsibility to an
                                                                     individual worker or a group of workers.
                                                                     4. This Directive shall not affect the employer's right to
                                                                     be excluded from responsibility for events due to
                                                                     unfamiliar, abnormal or unforeseeable circumstances, the
                                                                     consequences of which could not have been avoided
                                                                     however much care had been taken.
                Obligations of the employer
                           Article 5
1. Whithin the context of his responsibilities, the                  1.   (Unchanged)
employer shall take the necessary measures for the
protection of the safety and health of workers, including
prevention of occupational risks and provision of inform-
ation and training, as well as provision of the necessary
organization and resources. The employer shall be
constantly alert to the need to adjust these measures and
improve existing situations.
2. The employer shall put the following general prevent-             2.   (Start unchanged)
ive principles into practice, adapting them to match the
specific conditions applying to his undertaking, including
the size of the undertaking:
— combating the risks at source,
— adapting the work to the man,
— adapting to technical progress,
— replacing the dangerous by the non-dangerous or the
    less dangerous,
— developing a coherent overall prevention policy based              — developing a coherent overall prevention policy based
    on technology, organization of work, working con-                    on technology, organization of work, working con-
    ditions and human relationships.                                     ditions, human relationships and the influence of
                                                                         environmental factors.
                                                                     3. The employer must ensure that adequate consideration
                                                                     is given to ergonomic principles, in particular as regards:
                                                                     — the design of workplaces,
                                                                     — the choice of work equipment,
                                                                     — the choice of working methods and             production
                                                                         methods.
 ---pagebreak--- No C 30/24                                 Official Journal of the European Communities                                   6. 2. 89
                ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                            OF 16 NOVEMBER 1988
3. The specific obligations on employers shall be as                  4. The specific obligations on employers shall be as
follows:                                                              follows:
(a) The employer shall evaluate the safety and health risks           (a) The employer shall take the necessary measures to
    to workers in the choice of work equipment, the                        evaluate the safety and health risks to workers in the
    chemical substances or preparations used, and the                     choice of work equipment, the chemical substances or
    design and fitting out of workplaces.                                 preparations used, and the design and fitting out of
                                                                          workplaces.
    Subsequent to this evaluation, the preventive measures,               Subsequent to this evaluation, the preventive measures,
    working methods and production methods introduced                     working methods and production methods introduced
    by the employer must provide the maximum protection                   by the employer must guarantee a better level of
    that it is reasonably practicable to achieve in respect of            protection of the safety and health of workers.
    the safety and health of the workers.
(b) The safety and health measures taken by the employer              (b) (Unchanged)
    must be integrated into all the activities of the
    undertaking and/or establishment and at all hierar-
    chical levels.
(c) The employer must ensure that adequate consideration              [Text deleted, see new Article 5 (3)]
    is given to ergonomic principles, in particular as
    regards:
    — the design of workplaces,
    — the choice of plant and equipment,
    — the choice of working methods and production
        methods.
(d) The employer must take the necessary measures to                  (c) With a view to improving safety and health at the
    permit workers to organize their work in accordance                   workplace, the employer must take appropriate meas-
    with their capabilities where reasonably practicable.                 ures to permit workers to take part in organizing their
                                                                          work in accordance with their capabilities.
(e) In planning and organizing the work, the employer shall           (d) In planning and organizing the work the employer shall
    ensure that monotonous work involving repetitive                      ensure that monotonous work involving repetitive
    activities of brief duration and work where the                       activities of brief duration, or work where the workrate
    workrate is governed by a machine or conveyor belt                    is governed by a machine or conveyor belt such that the
    such that the worker is prevented from influencing his                worker is prevented from influencing his workrate
    workrate himself are avoided where reasonably practic-                himself, is reduced to the minimum compatible with the
    able.                                                                 efficient functioning of the undertaking.
(f) The planning and introduction of new technologies                (e) The planning and introduction of new technologies
    shall be undertaken in close cooperation with the                     shall be undertaken in close cooperation with the
    workers and/or their representatives, particularly in                 workers and/or their representatives.
    respect of the choice of equipment and the working                    All aspects of the safety and health protection of
    conditions, including those aspects connected with the                workers should be taken into account, particularly
    working environment and the physical and psycho-                      those in respect of the choice of equipment, working
    social well-being of the individual. Workers shall                    conditions and the impact of environmental factors on
    receive appropriate training.                                         the physical and psycho-social well-being of the
                                                                          individual.
(g) When several undertakings share a workplace, the                 (f) When several employers share a workplace, the
    employers shall coordinate their measures for the                     employers shall cooperate in the application of
    prevention of occupational risks, and shall inform one                provisions concerning safety, health protection and
    another and their workers and/or workers' representat-                hygiene, shall coordinate their measures for the
    ives of these risks.                                                  prevention of accidents and health risks, and shall
                                                                          inform their workers and the workers' representatives
                                                                          of those risks in good time.
 ---pagebreak--- 6. 2. 89                                   Official Journal of the European Communities                                No C 30/25
              ORIGINAL COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                           OF 16 NOVEMBER 1988
                      Preventive services
                           Article 6
1. The employer shall designate from the supervisory                  1.   (Unchanged)
staff one or more workers to be responsible for the
organization of measures for the prevention of occup-
ational risks in the undertaking and/or establishment.
                                                                      2. In order to carry out this task, the designated workers
                                                                      shall be freed from all other work or be given sufficient time
                                                                      in which to fulfil their duties without hindrance. The
                                                                      workers involved must be neither financially nor socially
                                                                      penalized as a result. This shall also apply to their career
                                                                      within the undertaking.
2. If this is not feasible for lack of competent personnel in         (Unchanged)
the undertaking and/or establishment, the employer shall              [Has become Article 6 (3)]
enlist the services of competent outside agencies or
individuals.
3. Where the employer calls in competent outside                      (Unchanged)
agencies or individuals, he shall inform them of the factors          [Has become Article 6 (4)]
known to affect, or suspected of affecting, the safety and
health of the workers.
4. In all cases, the workers designated from within the               5. In all cases, the workers designated from within the
undertaking and/or the outside agencies or individuals                undertaking and/or the outside agencies or individuals
consulted must have the necessary training and be sufficient          consulted must have the necessary training from qualified
in number to deal with the organization of preventive                 instructors and be sufficient in number to deal with the
measures, taking into account the size of the undertaking             organization of preventive measures, taking into account
and/or the hazards to which the workers are exposed and               the size of the undertaking and/or the hazards to which the
their distribution throughout the entire undertaking and/or           workers are exposed and their distribution throughout the
establishment.                                                        entire undertaking and/or establishment.
5. Member States shall define the size of undertakings in             6. Member States shall, taking due account of the nature
which the employer, provided he is competent, may himself             of the activities carried out and the size of undertakings,
take responsibility for the measures referred to in                   define the categories of undertakings in which the
paragraph 1.                                                          employer, provided he is competent and has the necessary
                                                                      time available, may himself take responsibility for the
                                                                      measures referred to in paragraph 1.
6. Member States shall define the training needed and the             7. With regard to paragraph 5 of this Article, Member
number of persons needed to fulfil the conditions set out in          States shall define the capabilities necessary and may define
paragraph 4 of this article.                                          the number of persons deemed sufficient.
                                                                      8. Where the undertaking or establishment possesses a
                                                                      medical service, the activities of the workers and outside
                                                                      agencies or individuals referred to in the previous
                                                                      paragraph shall be carried out in cooperation with this
                                                                      service.
                                                                      9. In no case must workers be required to bear any of the
                                                                      costs arising from measures relating to safety, hygiene and
                                                                      health at work.
 ---pagebreak--- No C 30/26                                 Official Journal of the European Communities                                     6. 2. 89
              ORIGINAL COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                          OF 16 NOVEMBER 1988
                                                                                                Article 6a
                                                                                      Health surveillance of workers
                                                                      In order to ensure health surveillance of workers com-
                                                                      mensurate with the safety and health risks at their
                                                                      workplace, measures shall be laid down in accordance with
                                                                      national practice and/or legislation. These measures shall
                                                                      be such as to ensure that each worker, where appropriate, is
                                                                      given a medical check-up at regular intervals.
                            Article 7
1. The employer shall make the requisite arrangements                 1.   (Unchanged)
for first-aid, fire-fighting and evacuation of workers and
other persons present, and shall arrange the necessary
contacts with outside agencies, particularly as regards first-
aid, emergency medical care, rescue work and fire-fighting.
2. For first-aid, fire-fighting and the evacuation of                 2.   (Unchanged)
personnel, the employer shall designate the workers
required to implement such measures.
The number of such personnel, their training and the
equipment available to them shall be commensurate with
the size and/or specific hazards of the undertaking and/or
establishment
3. The employer shall take precautionary measures to                  3. The employer shall take precautionary measures to
allow the worker to protect himself by immediately leaving            allow the worker to reach safety by immediately leaving the
the workplace if a serious, imminent, unavoidable danger              workplace if a serious, imminent, unavoidable danger
arises.                                                               arises.
                                                                      4. A worker who leaves his workplace and/or a danger
                                                                      zone because he may justifiably assume that he would
                                                                      otherwise be risking his life or health shall not be penalized
                                                                      and shall be protected from any unjustified prejudicial
                                                                      consequences, in accordance with national practice.
4. The employer shall as soon as possible give details of             5. Where workers are exposed, or are likely to be
these precautionary measures to all workers exposed, or               exposed, to a risk of serious and imminent danger, the
likely to be exposed, to a risk of serious and imminent               employer shall as soon as possible inform them about that
danger.                                                               danger and about the protective measures taken.
5. In the event of a serious and imminent danger to his               (Start unchanged)
own safety and/or that of other persons, each worker shall            [Has become Article 7 (6)]
be in a position to take the necessary measures to avoid the
consequences of such a danger, on the basis of his own
knowledge and the technical and hierarchical means at his
disposal.
                                                                      He shall not be penalized in any way because of his actions.
 ---pagebreak--- 6. 2. 89                                   Official Journal of the European Communities                              No C 30/27
               ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                          OF 16 NOVEMBER 1988
                    Information to be held
                           Article 8
1.   The employer shall:                                              1.   (Unchanged)
(a) be in possession of an analysis of existing risks to safety
    and health at the workplace;
(b) decide on the protective measures to be taken and, if
    necessary, the protective equipment to be used;
(c) keep a list of accidents and occupational diseases which
    have resulted in a worker being unfit for work for more
    than three working days;
(d) draw up a report on accidents and occupational diseases
    having resulted in, or liable to result in, partial
    permanent unfitness for work, indicating the causes and
    the measures taken or to be taken.
2. Member States shall establish the criteria for exemp-              2. Member States shall, taking due account of the nature
ting undertakings from having to draw up the documents                of the activities carried out and the size of undertakings,
required to fulfil the obligations described in paragraph 1           define the obligations which the various categories of
(a) and (b).                                                          undertakings must fulfil when drawing up the documents
                                                                      referred to in paragraph 1.
                    Information of workers
                            Article 9
1. In accordance with the practices adopted in the                    1.   (Unchanged)
Member States, which may take account in particular of
the size of undertakings, the employer shall take ap-
propriate measures to ensure that the workers and/or their
representatives in the undertaking or establishment receive
adequate information concerning:
(a) the safety and health risks and the preventive measures
    and activities in respect of the undertaking in general
    and in respect of each worker's workstation and/or job;
(b) the measures taken pursuant to Article 7, paragraph 4.
Such information shall also be provided to temporary
workers and the employers of workers from outside firms
present in the undertaking.
2. Workers or workers' representatives with specific                  2.   (Unchanged)
responsibility for the protection of the safety and health of
workers shall have access to:
(a) the risk analysis and analysis of protective measures
    referred to in Article 8, paragraph 1 (a) and (b);
 ---pagebreak--- No C 30/28                                 Official Journal of the European Communities                                    6. 2. 89
               ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                          OF 16 NOVEMBER 1988
(b) the list and the report on accidents and occupational
    diseases referred to in Article 8, paragraph 1 (c) and (d);
(c) the information yielded by preventive measures,
    inspection agencies and bodies responsible for safety
    and health.
                   Consultation of workers                                    Consultation and participation of workers
                           Article 10
                                                                      1. Employers must work closely with workers and their
                                                                      representatives on all questions involving safety and health
                                                                      protection at work.
                                                                      This shall involve in particular:
                                                                      — consultation of workers,
                                                                      — the right of workers and their representatives to act on
                                                                         their own initiative,
                                                                      — balanced participation in accordance with national
                                                                         practice and/or legislation.
1. Workers or their representatives with specific respon-             2. Workers and/or their representatives with specific
sibility for safety and health shall be consulted in advance          responsibility for safety and health shall be consulted in
by the employer with regard to:                                       advance by the employer with regard t o :
— any measure which may substantially affect health and               — any measure which may substantially affect health and
    safety,                                                              safety,
— the designation of persons referred to in Article 6,                — the designation of persons referred to in Articles 6(2)
    paragraph 2, and Article 7, paragraph 2,                             and 7(2),
— the information referred to in Article 6, paragraph 1               — the information referred to in Articles 6(1) and 9,
    and Article 9,
— the setting up of a specialist safety and/or health service            the setting up of a specialist safety and/or health service
    or, where appropriate, the enlistment of an outside                  or, where appropriate, the enlistment of an outside
    preventive service as referred to in Article 6, para-                preventive service as referred to in Article 6(2),
    graph 2,
— the planning and organization of the training referred to           — the planning and organization of the training referred to
    in Article 11.                                                        in Article 11.
                                                                      3.   (Formerly 2)
2. The consultation referred to in paragraph 1 may be                 The consultation referred to in paragraph 2 may be
restricted to the workers' representatives with specific              restricted to the workers' representatives with specific
responsibility for the protection of the safety and health of         responsibility for the protection of the safety and health of
workers, on condition that there are enough of them.                  workers, on condition that there are enough of them.
                                                                      4. Workers and/or their representatives shall have the
                                                                      right to call in the authority responsible for safety and
                                                                      health protection at work to make inspections or lend
                                                                      support if they feel that the measures taken and the
                                                                      resources deployed by the employer are inadequate to
                                                                      guarantee safety and health protection at the workplace.
                                                                      Workers' representatives shall attend all visits and
                                                                      inspections conducted by the responsible authority.
 ---pagebreak--- 6. 2. 89                                  Official Journal of the European Communities                                 No C 30/29
              ORIGINAL COMMISSION PROPOSAL                                        AMENDED COMMISSION PROPOSAL
                       [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                         OF 16 NOVEMBER 1988
3. Workers and workers' representatives with specific                5. Workers and their representatives shall not be
responsibility for the protection of the safety and health of        penalized in any way as a result of their activities in the field
workers shall not be placed at any disadvantage as a result          of safety and health protection at work.
of such activities.
4. The employer shall ensure that workers' representa-               6. The employer shall be obliged to grant workers'
tives with specific responsibility for the protection of the         representatives sufficient time off work without loss of pay
safety and health of workers are allowed time off work               and shall provide them with the necessary resources to
without loss of pay and are provided with the necessary              enable them to exercise their rights and fulfil their
equipment to enable them to fulfil their obligations arising         obligations arising from this Directive.
from this Directive.
                    Training of workers
                          Article 11
1. The employer shall ensure that each worker receives               1.   (Start unchanged)
adequate safety and health training specific to his
workstation or job:
— on recruitment,
— in the event of a transfer or change of job,
— in the event of a change in the work equipment.
                                                                     — before the introduction of new technologies.
The training shall be adapted to take account of new or              The training shall be repeated periodically and shall be
changed risks.                                                       adapted to take account of new or changed risks.
2. The training referred to in paragraph 1 shall also be             2. The training referred to in paragraph 1 shall also be
given, under the same conditions, to temporary workers               given, under the same conditions, to temporary and
present in the undertaking or establishment. The employer            subcontracted workers present in the undertaking or
shall also ensure that workers from outside firms engaged            establishment. The employer shall also ensure that workers
in work in the undertaking and/or establishment have                 from outside firms engaged in work in the undertaking
received training from their own firms appropriate to the            and/or establishment have received training from their own
work in which they are engaged.                                      firms appropriate to the work in which they are engaged.
3. Workers' representatives with specific responsibility             (Rest unchanged)
for the protection of the safety and health of workers shall
be entitled to appropriate training.
4. The training referred to in paragraphs 1, 2 and 3 shall
be provided during working hours and shall not be at the
expense of the workers.
5.   Member States:
— shall ensure that guidelines are drawn up concerning the
    content and duration of the training courses provided
    for in paragraphs 1 and 3,
— shall establish general rules concerning the conditions
    under which this training shall be provided.
 ---pagebreak--- No C 30/30                                Official Journal of the European Communities                                     6. 2. 89
             ORIGINAL COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                       [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                         OF 16 NOVEMBER 1988
                  Obligations on workers
                          Article 12
1. It shall be the duty of each worker during his working            1. It shall be the duty of each worker, in accordance with
hours to take reasonable care of his own safety and health           the instructions given by the employer, to take care of his
and that of all other persons affected by his actions or             own safety and health and the safety and health of all other
omissions at work.                                                   persons affected by his actions or omissions at work.
2.  To this end, workers must:                                       2.   (Start unchanged)
— make correct use of machinery, apparatus, tools,
   dangerous substances, transport equipment and other
   means of production;
— make correct use of the personal protective equipment
   supplied to them and, after use, return it to its proper
   place;
— refrain from changing or removing unnecessarily safety             — refrain from putting out of operation, changing or
   devices fitted to tools, pieces of apparatus, etc., and use           removing unnecessarily safety devices fitted to tools,
   such devices correctly;                                               pieces of apparatus, machinery, plant and buildings and
                                                                         use such devices correctly;
— notify the employer immediately of any safety and/or               — immediately notify the employer and/or the persons
   health hazards which they have noticed;                               responsible for safety and health at the workplace of any
                                                                         safety and/or health hazards which they have noticed
                                                                         and of any defect which they have noticed in the systems
                                                                         of protection;
— cooperate with their employer for as long as necessary             — cooperate with their employer and/or with the persons
   in order to fulfil any tasks or requirements imposed by               responsible for health and safety at work for as long as is
   the responsible authority to protect the safety and                   necessary in order to fulfil any tasks or requirements
   health of workers;                                                    imposed by the responsible authority to protect the
                                                                         safety and health of workers;
— perform their tasks in accordance with the safety and              (Unchanged)
   health training and instructions they have received;
— cooperate in ensuring that the working environment                 — cooperate in ensuring that the working environment
   and working conditions are safe and pose no risk to                   and working conditions are safe and pose no risk to
   safety and health within their field of activity, and                 safety and health within their field of activity.
   monitor the effectiveness of the safety and health
   measures taken.
                                                                                               Article 12a
                                                                     1. Particularly high-risk groups, such as pregnant women
                                                                     and nursing mothers, must be protected against the dangers
                                                                     which specifically affect them.
                                                                     2. Measures must be taken to ensure that disabled
                                                                     workers can perform their work without additional strain
                                                                     or risk.
                          Article 13
The Council, acting on proposals from the Commission,                 1. The Council, acting on proposals from the Commis-
shall adopt individual Directives laying down specific               sion based on Article 118A of the EEC Treaty, shall adopt
provisions concerning chiefly the technical areas listed in          individual Directives, specifically in the areas referred to in
Annex I.                                                             the Annex 1.
 ---pagebreak--- 6. 2. 89                                   Official Journal of the European Communities                              No C 30/31
              ORIGINAL COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                       [COM (88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                          OF 16 NOVEMBER 1988
                                                                      Without prejudice to the procedure described in Article 14
                                                                      concerning technical adaptations, amendments to this
                                                                      Directive and to the individual Directives shall be made
                                                                      following the procedure described in Article 118A of the
                                                                      EEC Treaty.
                                                                      2. The provisions of this Directive shall apply in full to all
                                                                      the areas covered by the individual Directives referred to in
                                                                      paragraph 1, without prejudice to more stringent and/or
                                                                      specific provisions contained in the individual Directives.
                          Article 14
For the purposes of adapting this Directive and the                   1. If the Commission considers that technical adaptations
Directives provided for in Article 13 under the conditions            need to be made to this Directive and to the individual
specified in each of them, to take account of                         Directives referred to in Article 13, to take account of:
— the adoption of Directives in the field of technical               — the adoption of Directives in the field of technical
    harmonization and standardization,                                    harmonization and standardization, and/or,
— technical progress, changes in international regulations           — technical progress, changes in international regulations
    or specifications, and new findings,                                  or specifications, and new findings,
the Commission shall be assisted by a committee composed             these adaptations, of a strictly technical nature, shall be
of the representatives of the Member States and chaired by           adopted in accordance with the procedure referred to in
the representative of the Commission.                                paragraph 2.
The representative of the Commission shall submit to the             2. For the purpose of making the technical adaptations
committee a draft of the measures to be taken. The                   referred to in paragraph 1, the Commission shall be
committee shall deliver its opinion on the draft within a            assisted by a Committee composed of the representatives of
time limit which the Chairman may lay down according to              the Member States and chaired by the representative of the
the urgency of the matter. The opinion shall be delivered by          Commission. The representative of the Commission shall
the majority laid down in Article 148 (2) of the Treaty in the       submit to the Committee a draft of the measures to be
case of decisions which the Council is required to adopt on          taken. The Committee shall deliver its opinion on the draft
a proposal from the Commission. The votes of the                     within a time limit which the Chairman may lay down
representatives of the Member States within the committee            according to the urgency of the matter. The opinion shall
shall be weighted in the manner set out in that article. The         be delivered by the majority laid down in Article 148(2) of
Chairman shall not vote.                                             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.
The Commission shall adopt the measures envisaged if they            The Commission shall adopt the measures envisaged if they
are in accordance with the opinion of the committee.                 are in accordance with the opinion of the Committee.
If the measures envisaged are not in accordance with the             If the measures envisaged are not in accordance with the
opinion of the committee, or if no opinion is delivered, the         opinion of the Committee, or if no opinion is delivered, the
Commission shall, without delay, submit to the Council a             Commission shall, without delay, submit to the Council a
proposal relating to the measures to be taken. The Council           proposal relating to the measures to be taken. The Council
shall act by a qualified majority.                                   shall act by a qualified majority.
 ---pagebreak--- No C 30/32                                 Official Journal of the European Communities                                    6. 2. 89
               ORIGINAL COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                        [COM(88) 73 final]                             FOLLOWING THE OPINION OF THE EUROPEAN PARLIAMENT
                                                                                           OF 16 NOVEMBER 1988
If, on the expiry of the period to be laid down in each act           If, on the expiry of a period of three months from the date
adopted by the Council under this paragraph but which                 of referral to the Council, the Council has not acted, the
may not in any case exceed three months from the date of              proposed measures shall be adopted by the Commission.
referral to the Council, the Council has not acted, the
proposed measures shall be adopted by the Commission.
                       Final provisions
                           Article 15
1. Member States shall bring into force the laws,                     1.   (Unchanged)
regulations and administrative provisions necessary to
comply with this Directive by 1 January 1991 at the latest
and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission                  2. Member States shall communicate to the Commission
the texts of the provisions of national law which they adopt          the texts of the provisions of national law which they
in the field covered by this Directive.                               adopt, as well as those already adopted, in the field covered
                                                                      by this Directive.
3. Member States shall report to the Commission every                 3. Member States shall report to the Commission every
two years on the practical implementation of the provisions           two years on the practical implementation of the provisions
of this Directive, indicating the points of view of employers         of this Directive, indicating the points of view of employers
and workers. The Commission shall inform the committee                and workers.
and the tripartite committee.
                                                                     The Commission shall inform the Council, the European
                                                                     Parliament, the Economic and Social Committee and the
                                                                     Advisory Committee on Safety, Hygiene and Health
                                                                     Protection at Work.
                                                                     The Commission shall report periodically to the Council,
                                                                     the European Parliament and the Economic and Social
                                                                     Committee on the implementation of the Directive, taking
                                                                     into account the provisions of Article 15(1) and (3).
                           Article 16
This Directive is addressed to the Member States.                     (Unchanged)
                                                               ANNEX
                                                                                           (Amendment No 103)
LIST OF TECHNICAL AREAS REFERRED T O IN AR-                          LIST OF TECHNICAL AREAS REFERRED T O IN AR-
TICLE 13:                                                            TICLE 13:
1. Workplaces                                                         1. Workplaces
2. Work equipment                                                    2. Work equipment
3. Personal protective equipment                                     3. Personal protective equipment
4. Work with visual display units                                    4. Work with visual display units
5. Handling of heavy loads involving risk of back injury             5. Handling of heavy loads involving risk of back injury
                                                                     6. Means of transport
                                                                     7. Temporary or mobile work sites
                                                                     8. Mining and quarrying
                                                                     9. Fishing and agriculture
                                                                     10. Nuclear installations