CELEX: 51991PC0117
Language: en
Date: 1991-04-09
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE IMPLEMENTATION OF MINIMUM SAFETY AND HEALTH REQUIREMENTS AT TEMPORARY OR MOBILE WORK SITES

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                          C0M(91) 117 final - SYN 279
                                          Brussels, 9  ApriI 1991
             Amended proposal for a Council Directive
  on the Implementation of minimum safety and health requirements
                 at temporary or mobile work sites
        (presented by the Commission pursuant to Article 149(3)
                           of the EEC-Treaty)
 ---pagebreak---                          EXPLANATORY MEUORANDUy
Following the opinion of the European Parliament on a first reading,
Issued on 22.2.1991, the Commission Is forwarding to the Council an
amended proposal for a Directive pursuant to Article 149(3) of the EEC
Treaty.
The amended text Incorporates many of the amendments proposed by the
European Parliament, In whole or In part, particularly with reference
to:
        a more restrictive definition regarding the exclusion of
        extractive Industries from the scope of the proposal for a
        directIve;
        creation of a general obligation to draw up a health and safety
        plan for all types of work site;
         Increased efficiency of procedures for consultation and
        participation of workers, by Including alI the undertakings
        present on a work site when necessary;
Certain details In Annex IV have also been specified.
Although the Commission's amended proposal has the same general
structure as the initial proposal, It Includes a number of provisions
and practical procedures to reinforce the main principles, which are
the coordination between different employers and possibly self-employed
persons, and the participation of workers In matters of health and
safety.
 ---pagebreak---             Amended proposal for a Council Directive
on the implementation of minimum safety and health requirements
                at temporary or mobile work sites
      (presented by the Commission pursuant to Article 149(3)
                          of the EEC-Treaty)
                                                                /\ ?A/>
 ---pagebreak---              INITIAL PROPOSAL            AMENDED PROPOSAL PURSUANT TO THE
            BY THE COMMISSION                 OPINION OF THE EUROPEAN
                                             PARLIAMENT OF 22.02.1991
                                       (Where no alternative version is
                                       given in this column, the text is
                                       unchanged)
 Proposal for a Council Directive on
 the implementation of minimum safety
 and health requirements at temporary
or mobile work sites
THE COUNCIL OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty
establishing the European Economic
Community, and In particular Article
 118 A thereof,
Having regard to the proposal from
 the Commission, submitted after
consulting the Advisory Committee on
Safety, Hygiene and Health Protection
at Work,
 In cooperation with the European
Par I lament,
Having regard to the opinion of the
Economic and Social Committee,
Whereas the communication from the
Commission on Its programme
concerning safety, hygiene and health
at work* 1 ' provides for the adoption
of a directive designed to guarantee
the safety and health of workers at
temporary or mobile work sites;
Whereas, in its resolution of 21
December 1987 on safety, hygiene and
health at work* 2 ), the Council took
note of the Commission's intention of
submitting to the Council In the near
future minimum requirements
concerning temporary or mobile work
sites;
Whereas temporary or mobile work
sites constitute an area of activity
that exposes workers to particularly
high levels of r isk;
Whereas more than half of the
occupational accidents occurring on
work sites in the Community are
related to the selection of
unsatisfactory architectural and/or
organizational options or to poor
planning of the works at the project
design stage;
(1) OJ No C 28, 3    2. 1988, p.3.
(2) OJ No C 28, 3    2. 1988, p.1 .                                     I*
                                                                      A U-a
 ---pagebreak---                INITIAL PROPOSAL          AMENDED PROPOSAL PURSUANT TO THE
              BY THE COMMISSION               OPINION OF THE EUROPEAN
                                             PARLIAMENT OF 22.02.1991
Whereas in each Member State the
 authorities responsible for safety
and health at work must be Informed,
at the project design stage, of the
execution of large-scale and/or
dangerous works;
Whereas, when a project is being
carried out, a large number of
occupational accidents may be caused
by inadequate coordination,
particularly where various
undertakings work simultaneously or
In succession at the same temporary
or mobile work site;
Whereas It is therefore necessary to
Improve coordination between the
various parties concerned at the
project design stage and also when
the work Is being carried out;
Whereas compliance with the minimum
requirements designed to guarantee a
better standard of safety and health
at temporary or mobile work sites is
essential to ensure the safety and
health of workers-,
Whereas, moreover, se If-empIoyed
persons may, through their activities
on a temporary or mobile work site,
 jeopardize the safety and health of
workers;
Whereas it Is therefore necessary to
 extend to self-employed persons
 certain relevant provisions of
 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 (1 >, and of Council Directive
  89/656/EEC of 30 November 1989
  concerning the minimum health and
  safety requirements for the use by
  workers of personal protective
  equipment at the workplace*2^;
  Whereas this Directive is an
   individual directive within the
  meaning of Article 16(1) of Council
   Directive 89/391/EEC of 12 June 1989
    (1) OJ No L 393, 30. 12. 1989, p. 13
    (2) OJ No L 393, 30.12.1989, p. 18.
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             EY THE COMMISSION                 OPINION OF THE EUROPEAN
                                               PARLIAMENT OF 22.02.1991
 on the Introduction of measures to
 encourage Improvements in the safety
 and health of workers at work* 1 )
 whereas, therefore, the provisions of
 the said Directive are fully
 applicable to temporary or mobile
 work sites, without prejudice to more
 stringent and/or specific provisions
 contained in this Directive;
 Whereas this Directive constitutes a   Whereas this Directive constitutes a
 practical step towards the             practical step towards the
 achievement of the social dimension    achievement of the social dimension
 of the internal market with special   of the Internal market with special
 reference to the subject matter of     reference to the subject matter of
 Council Directive 89/106/EEC on        Council Directive 89/106/EEC<2> on
 construction products*2^;              construction products and the
                                        subject matter of Council Directive
 Whereas, pursuant to Decision         89/440/EEC on public works
 74/325/EEC<4>, as last amended by     contracts*3^;
 the 1985 Act of Accession of Spain
 and Portugal, the Advisory Committee
 on Safety, Hygiene and Health
 Protection at Work Is consulted by
 the Commission with a view to drawing
up proposals In this field,
HAS ADOPTED THIS DIRECTIVE :
                    SCQEE
                 Article 1                            Article 1
This Directive shall apply to          This Directive shall apply to
temporary or mobile work sites as      temporary or mobile work sites as
defined in Article 2, to the           defined in Article 2, to the
exclusion of extractive Industries     exclusion of drilling and extraction
                                       in the extractive industries.
                DEFINITIONS
                 Article 2
For the purposes of this Directive:
                                       -   temporary or mobile work sites,
     temporary or mobile work sites,       hereinafter referred to as "work
     hereinafter referred to as "work      sites" means any work site at
     sites" means any site at which        which works are carried out as
     building and civil engineering        indicated in the non-exhaustive
     works are carried out; a non-         11st given in Annex 1 ;
    exhaustive list of such works is
    given in Annex 1 ;
(1) OJ  No L  183, 29.6.1989, p.1
(2) OJ  No L  40, 11.2.1989, p.12
(3) OJ  No L  210, 21.7.1989, p.1
(4) OJ  No L  185, 9.7.1974, p.15
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            BY THE COMMISSION                   OPINION OF THE EUROPEAN
                                                PARLIAMENT OF 22.02.1991
      cllent(s) means any natural or
      legal person(s) for whom a
      project is carried out;
      project supervlsor(s) means any
      natural or legal person(s)
      responsible for the design and/or
     execution of a project, acting on
     behalf of the client(s);
     self-employed persons means any
     person other than those referred
     to in Article 3 (a) and (b) of
     Directive 89/391/EEC whose
     professional activity is carried
     out wholly or in part on a work
     site in order to contribute to
     the execution of a project.
              PRIOR NOTICE
                Article 3
 1. The Member States shall take the    1. The Member States shall take the
necessary steps to ensure that,         necessary steps to ensure that,
before the commencement of works on     before the commencement of works on
their territory, the cllent(s)          their territory, the cllent(s)
forward(s) to the authorities           forward(s) to the authorities
responsible for safety and health at    responsible for safety and health at
work a "prior notice" containing the    work a "prior notice" containing the
 information indicated in Annex II. In   information Indicated in Annex II.
particular, this notice shall           In particular, this notice shall
 indicate the name(s) of the person(s)  give the name(s) of the person(s)
responsible for coordinating the        responsible for coordinating the
safety and health of workers:           safety and health of workers:
     - during the "project design"          - during the "project design"
     stage                                  stage
     - during the "project execution"       - during the "project execution"
     stage.                                 stage.
A copy of this notice shall be          A copy of this notice shall be
available at all times on the site.     prominently displayed at all times
                                        on the site.
2. However, in the case of works the
planned duration of which is less
than 30 working days, excluding those
of the types listed In Annex III, the
Member States may regard the
forwarding of the "prior notice" as
optlonal.
GENERAL SAFETY AND HEALTH PRINCIPLES
        TO RF TAKEN INTO ACCOUNT
      At the project design stage
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            BY THE COMMISSION                 OPINION OF THE EUROPEAN
                                              PARLIAMENT OF 22.02.1991
                Article 4
 The project supervisor(s) shall take
 account of the general principles of
 prevention concerning safety and
 health set out in Article 6 (2) and
 (3) (a) of Directive 89/391/EEC
during the stages of project design,
study and preparation, In particular
     when architectural and/or
     organizational aspects are being
     decided, in order to plan the
     various works or work stages
     which are to take place
     simultaneously or In succession;
     when estimating the period
     required for completing these
     various types of works or work
     stages.
                Article 5
The person(s) Indicated In the "prior
notice" as being responsible for
coordinating safety and health during
the "project design" stage, as
referred to in Article 3, shall:
a)   ensure that the provisions of
     Article 4 are implemented;
b)   in the case of works coming under
     one or more of the categories
     listed in Annex III, draw up a
     safety and health plan setting
     out the specific rules applicable
     to the site concerned;            b) prepare a safety and health plan
                                       indicating the rules applicable to
c)   prepare documents adapted to the  the work site concerned; this plan
     characteristics of the structure  shall also set out the specific
     containing appropriate safety and rules applicable in the case of
     health Information to be taken    works coming under one or more of
     into account during any           the categories listed in Annex III.
     subsequent works.
During the project execution stage
               Article 6
1.  The person(s) designated in the
     "prior notice" as being
     responsible for coordinating
    safety and health at the site
    during the "project execution"
    stage:
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            BY THE COMMISSION               OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 a)  shall ensure that the employers
     and, wherever necessary, self-
     employed persons:
          apply the principles set out
          In Article 7 In a consistent
         manner ;
              take account, when        take account of the safety and
              required, of the safety   health plan required under
              and health plan required  Article 5(b);
              under Article 5(b);
     b)  shall adapt, where necessary,
         this safety and health plan
         to take account of the
         progress of the work and any
         changes which have occurred;
     c)  shalI organize the             c)  shall organize cooperation
         cooperation In matters of          and coordination between
         safety and health provided         employers on measures to
         for In Article 6 (4) of            protect workers and prevent
         Directive 89/391/EEC,              accidents, and mutual
         ensuring that self-employed        Information as provided for
         persons are brought Into this      In Article 6 (4) of Directive
         process whenever necessary;        89/391/EEC, ensuring that
                                            self-employed persons are
    d)   shall make arrangements to         brought Into this process
         check that the working             whenever necessary;
         procedures are being
         Implemented correctly;
    e)   shall take the necessary
         steps to ensure that no
         unauthorized person enters
         the site.
2.  The implementation of the
    provisions In 1 shall not affect
    the principle of employers'
    responsibility towards their
    respective workers.
                Article 7
When the work is being carried out,
the principles set out in Article 6
(1), (2), (3) and (5) of Directive
89/391/EEC shall be applied, In
particular as regards:
    keeping the site In good order
    and In a satisfactory state of
    clean IIness;
    choosing the location of
    workstations bearing In mind how
    access to these workplaces is
    obtained, and determining routes
    or areas for the passage and
    movement of workers and
    equipment ;
    the conditions under which
    various materials are handled;
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            BY THE COMMISSION                 OPINION OF THE EUROPEAN
                                             PARLIAMENT OF 22.02.1991
     technical maintenance, pre-
     startup and regular checks on the
     operating efficiency of
      installations and equipment with
     a view to correcting any faults
     which might affect the safety and
     health of workers;
     the demarcation and laying out of
     areas for the storage of various
     materials, in particular where
     dangerous materials or substances
     are concerned;
     the conditions under which the
     dangerous materials used are
     removed;
     the storage and disposal or
     removal of wastes and surplus
     mater la Is;
     the adaptation, based on progress
     made with the work, of the actual
     period to be allocated for the
     various types of works or work
     stages.
        OBLIGATIONS OF EMPLOYERS
                 Article 8
 In order to preserve the safety and
health of all persons present at the
site, under the conditions set out In
Article 6, employers shall, when
 Implementing Article 7, take measures
in respect of their own workers that
are In line with the minimum
requirements set out In Annex IV.
 OBLIGATIONS OF SELF-EMPLOYED PERSONS
                 Article 9
In order to preserve the safety and
health of all persons present on the
site, self-employed persons shall
comply mutatis mutandis with:
a)   the principles set out in Article a) the principles set out in Article
     7 of this Directive;                 13 of Directive 89/391/EEC and
b)   Articles 3, 4 (1), (2), (3), (4),    Article 7 of this Directive;
     (9), and 5 of Council Directive
     89/656/EEC;
c)   Article 4 of Council Directive
     89/655/EEC;
d)   the relevant provisions of Annex
     IV of this Directive.
                INFORMATION
                Article 10
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                                                           PARLIAMENT OF 22.02.''39 J
     Without prejudice to Article 10 of            Without prejudice to Article if o
    Directive 89/391/EEC, workers and/or           Directive 89/391/EEC, workers and v
    their representatives shall be                 their representatives shall be
     Informed of all the measures to be            Informed of all the measures to be
    taken concerning the safety and                taken concerning the safety and
    health of workers at the site. In              health of workers at the site. In
    particular, they shall be Informed of         particular, they shall be informed
    the measures relating to the                  of the measures relating to the
    Implementation of Articles 6, 7 and 8          Implementation of Articles 6, 7 and
   and, where necessary, of the safety            8 and, where necessary, of the
   and health plan referred to In                 safety and health plan referred to
   Article 5 (b).                                 In Article 5 (b).
                                                  (NO CHANGE TO ENGLISH)
        C O N S U L T A T I O N Ann PARTICIPATIF
                           Article ii
  Consultation and participation of              Consultation and participation of
 workers and/or of their                         workers and/or of their
 representatives shall take place In             representatives on the matters
 accordance with Article 11 of                   covered by Article 6(1), Article 7
 Directive 89/391/EEC on the matters             and Article 8 shall take place:
 covered by Articles 6(1), 7 and 8 of            - In accordance with Article 11 of
 this Directive.                                     Directive 89/391/EEC
                                                 - and, whenever necessary,
                                                     including workers from other
           AMENDMENTS TO THE ANNEXES                undertakings and/or
                                                    establishments present on the
                         Article 12                 work site, and/or their
                                                    représentât Ives.
Amendments of a strictly technical
nature to Annexes II, III and IV
resulting from:
-      the adoption of directives on
       technical harmonization and
       standardization,
       technical progress and changes in
       International regulations and
       specifications or knowledge with
       regard to work sites,
shall be adopted in accordance with
the procedure laid down in Article 17
of Directive 89/391/EEC.
                    FINAL PROVISIONS
                          Article 13
                                                     Member States shall bring into
 1. Member States shall bring into                   force the laws, regulations and
        force the laws, regulations and
        administrative provisions                    administrative provisions
        necessary to comply with this                necessary to comply with this
        Directive by 31 December 1993 at             Directive by 31 December 1992 at
        the latest. They shall                        the latest. They shall
         immediately notify the commission            Immediately notify the Commission
        thereof.                                      thereof.
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            BY THE COMMISSION                 OPINION OF THE EUROPEAN
                                             PARLIAMENT OF 22.02.1991
 The provisions adopted pursuant to       When the Member States adopt
 the first subparagraph shall make        these provisions, the provisions
 express reference to this Directive      shall contain a reference to this
                                          Directive or shall be accompanied
                                          by such a reference when they are
                                          published In official form. The
                                          arrangements for this reference
                                          shall be decided by the Member
                                          States.
 2.  Member States shall communicate
     to the Commission the texts of
     the provisions of national law
     which they have already adopted
     or adopt In the field governed by
     this Direct ive.
3.   Member States shall report to the 3. Member States shall report to the
     Commission every five years on       Commission every four years on
     the practical Implementation of      the practical implementation of
     the provisions of this Directive,    the provisions of this Directive,
      indicating the points of view of    Indicating the points of view of
     employers and workers. The           employers and workers. The
     Commission shall inform the          Commission shall inform the
     Council, the European Parliament,    Council, the European Parliament,
     the Economic and Social              the Economic and Social
     Committee, and the Advisory          Committee, and the Advisory
     Committee on Safety, Hygiene and     Committee on Safety, Hygiene and
     Health Protection at Work.           Health Protection at Work.
     The Commission shall submit
     periodically to the Council, the
     European Parliament and the
     Economic and Social Committee a
     report on the implementation of
     this Directive, taking Into
     account paragraphs 2 and 3.
               Article 14
This Direct ive Is addressed to the
Member States.
                 ANNEX I
NON-EXHAUSTIVE LIST OF THE BUILDING
AND CIVIL ENGINEERING WORK REFERRED
TO IN THE DEFINITION OF TEMPORARY OR
MOBILE WORK SITES IN ARTICLE 2 (first
indent) :
- Excavation
- Earthworks
- Construct ion
- Installation and removal of
prefabricated elements
- Landscaping and fitting out
- Altérât Ions
- Rénovât Ion
- Repairs
- DismantIing
- Demo I 111on
- Upkeep
 ---pagebreak---                    INITIAL PROPOSAL
                                               AMENDED PROPOSAL PURSUANT TO
                  BY THE COMMISSION
                                                    OPINION OF THE EUROPEAN
                                                   PARLIAMENT OF 22 02,198
        Maintenance
                                                Maintenance, decorating arid
                                                cleaning work
                                                Environmental technical
                                               activities
                       ANNEX II
    CONTENTS OF THE PRIOR NOTICE REFERRED
    TO IN ARTICLE 3
    Pate of n o t i f i ^ t l n n .
    1.    Exact address of the site:
   2-     Cllent(s) (name(s) and
          address(es)):
   3.    Type of project:
  4.     Project supervlsor(s) (name(s)
         and address(es)):
  5.    Safety and health coordinator(s)
        during the "project design" stage
        (name(s) and address(es)):
 6.     Safety and health coordlnator(s)
       during the "project execution"
       stage (name(s) and address(es)):
7.     Date planned for start of work:
8.     Planned duration of works:
9.    Estimated maximum number of
      workers on the site:
10. Planned number of contractors and
       self-employed persons on the
       site:
11. Details of contractors already
       chosen:
 12. Estimated value of the works:
                   ANNEX III                            ANNEX 111
 LIST OF WORKS INVOLVING RISKS TO THE     LIST OF WORKS INVOLVING RISKS TO THE
 SAFETY AND HEALTH OF WORKERS FOR         SAFETY AND HEALTH OF WORKERS FOR
 WHICH, IRRESPECTIVE OF THEIR             WHICH, IRRESPECTIVE OF THEIR
 DURATION, THE PRIOR NOTICE REFERRED      DURATION, THE PRIOR NOTICE REFERRED
 TO IN ARTICLE 3, PARAGRAPH 2, IS         TO IN ARTICLE 3, PARAGRAPH 2, IS
 REQUIRED AND FOR WHICH THE SAFETY AND    REQUIRED AND FOR WHICH SPECIFIC
 HEALTH PLAN REFERRED TO IN ARTICLE 5     MEASURES MUST BE INDICATED IN THE
 MUST BE PREPARED:                        SAFETY PLAN REFERRED TO IN
                                          ARTICLE 5b):
  1)    Works which, by their very
        nature, put workers seriously at
        risk from falling objects or
        dis lodgement of materials, or of
        being burled or entrapped, or of
         falIing or drowning .
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                                             PARLIAMENT OF 22.02.1991
 2)  Works which, by their very
     nature, expose workers to a
     serious risk arising from the use
     or presence of chemical, physical
     or biological agents.
 3)  Work carried out by divers having
     a system of air supply or by
     workers in caissons with a
     compressed-air atmosphere.
 4)  Work Involving the use of
     explosives.
                 ANNEX IV
       MINIMUM SAFETY AND HEALTH
      REQUIREMENTS FOR WORK SITES
 Pre»Iminarv remark
 The obligations laid down in this
Annex apply wherever required by the
 features of the work site, the
 activity, the circumstances or a
 hazard.
 1.  Minimum requirements of a general
     nature
Workers:
     must be protected against
     climatic conditions that may
     Jeopardize their safety and
     health;
     must be protected, wherever this
     is technical I y possible, by means
     of collective measures against
     falling objects and falls from a
     height;
     must not be exposed to harmful
     levels of chemical, physical or
     biological pollutants.
2.   Stability and solidity
Materials, equipment and, more
generally, any component which, when
moving in any way, may affect the
safety and health of workers must be
stabilized In an appropriate and safe
manner.
2.1 Rooms (huts and workshops In
partIcular)
Rooms must have a structure and
stability appropriate to the nature
of their use.
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 2.2 Mobile or fixed workstations
 which are elevated or situated below
 ground level
 Mobile or fixed workstations which
 are elevated or situated below ground
 level must be solid and stable,
 account being taken of:
     the number of workers occupying
     them
     the maximum loads which they may
     have to bear and their
     distribution
     the external Influences to which
     they may be exposed.
 If the supports and other components
of these workstations are not
 intrinsically stable, they must be
made stable by means of appropriate
and safe attachment to avoid any
sudden or unintentional movement of
the whole, or parts, of these
workstatIons.
2.3.     Checking
The stability and solidity referred
to in 2.2 must be subjected to
suitable checks, especially if the
height or depth of the workstation is
changed.
3.   installatlon of energy
     distribution system
The installations must be designed
and constructed so as not to present
a fire or explosion hazard; persons
must be adequately protected against
the risk of electrocution caused by
direct or indirect contact.
The design, construction and choice
of material and protection devices
must take account of the type and
power of the energy distributed,
external conditions and the
competence of persons with access to
parts of the Installation.
The site Installations, especially
those subject to external Influences,
must be regularly checked and
maintained.
Installations existing before the
work commences must be Identified,
checked and clearly marked.
4.   Emergency routes and exits
4.1 Emergency routes and exits must
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 remain clear and lead as directly as
 possible to a safe area.
 4.2 In the event of danger, it must
 be possible for workers to evacuate
 all workstations quickly and as
 safely as possible.
 4.3 The number, distribution and
 dimensions of emergency routes and
 exits depend on the use, equipment
 and dimensions of the site and of the
 rooms and the maximum number of
 persons that may be present.
 4.4 Emergency doors must open
outwards.
 Emergency doors should not be so
 locked or fastened that they cannot
be easily and immediately opened by
any person who may require to use
 them In an emergency.
Sliding or revolving doors may not be
designated as emergency exits.
4.5 Specific emergency routes and
exits must be Indicated by signs in
accordance with the national
regulations Implementing Directive
77/576/EEC<1>.
Such signs must be sufficiently
resistant and be placed at
appropriate points.
4.6 Emergency routes and exits, and
the traffic routes and doors giving
access to them, must be free from
obstruction so that they can be used
at any time without hindrance.
4.7 Emergency routes and exits
requiring illumination must be
provided with emergency lighting of
adequate intensity In case the
 I Ighting falIs.
5.   Fire detection and fire fighting
5.1 Depending on the characteristics   5.1 Depending on the characteristics
of the site, the dimensions and use    of the site, the dimensions and use
of the rooms, the on-site equipment,   of the rooms, the on-site equipment,
the physical and chemical properties   the physical and chemical properties
of the substances present and the      of the substances present and the
maximum potential number of people     maximum potential number of people
present, an adequate number of         present, an adequate number of
appropriate fire-fighting devices      appropriate fire-fighting devices
and, where required, fire detectors    and, where required, fire detectors
and alarm systems must be provided.    and alarm systems must be provided.
(1) OJ No L 229, 7.9.1977, p.12
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           BY THE COMMISSION                 OPINION OF THE EUROPEAN
                                            PARLIAMENT OF 22.02.1991
                                      Such fire-fighting devices, fire
                                      detectors and fire alarms must be
                                      regularly checked and maintained.
                                      Appropriate tests and drills must be
                                      carried out at regular Intervals.
5.2 Non-automatic fire-fighting
equipment must be easily accessible
and simple to use.
The equipment must be Indicated by
signs in accordance with the national
regulations Implementing Directive
77/576/EEC.
Such signs must be sufficiently
resistant and be placed at
appropriate points.
6.   Ventilation
6.1 Steps shall be taken to ensure
that there Is sufficient fresh air,
having regard to the working methods
used and the physical demands placed
on the workers.
 If a forced ventilation system is
used, it must be maintained In
working order.
Any breakdown must be indicated by a
control system where this Is
necessary for workers' health.
6.2 If air-conditioning or mechanical
ventilation Installations are used,
they must operate In such a way that
workers are not exposed to draughts
which cause discomfort.
Any deposit or dirt likely to create
an Immediate danger to the health of
workers by polluting the atmosphere
must be removed without delay.
7.   Temperature
7.1 During working hours, the
temperature must be adequate for
human beings, having regard to the
working methods used and the physical
demands placed on the workers.
7.2 The temperature In rest areas,
rooms for duty staff, sanitary
facilities, canteens and first-aid
rooms must be appropriate to the
particular purpose of such areas.
7.3 Windows, skylights and glass
partitions should allow excessive
effects of sunlight to be avoided,
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            BY THE COMMISSION               OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 having regard to the nature of the
 work and local custom.
 8.  Natural and art IfIclal lighting
     of workstations, rooms and
      traffic routes on the site
8.1 Workstations, rooms and traffic
 routes on the site must be provided
with sufficient artificial lighting
 at night and when natural daylight Is
 inadequate; where necessary, portable
 IIght sources that are protected
against Impact shall be used.
8.2 Lighting Installations for rooms,
workstations and traffic routes must
be placed in such a way that there Is
no risk of accident to workers as a
result of the type of lighting
fitted.
8.3 Rooms, workstations and traffic
routes where workers are especially
exposed to risks in the event of
artificial lighting must be provided
with emergency lighting of adequate
 Intensity.
8.4 The approach roads and perimeter
of the site must be signposted and
marked so as to ensure that they are
clearly visible and identifiable.
9.   Floors, walls, ceilings and roofs
     of rooms
9.1 The floors of workplaces must not
have dangerous bumps, holes or slopes
and must be fixed, stable and not
siippery.
9.2 The surfaces of floors, walls and
ceilings In rooms must be such that
they can be cleaned or refurbished to
an appropriate standard of hygiene.
9.3 Transparent or translucent walls,
in particular all-glass partitions,
In rooms or In the vicinity of
workstations and traffic routes must
be clearly Indicated and made of
safety material or be shielded from
such workstations or traffic routes
to prevent workers from coming into
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            BY THE COMMISSION               OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 contact with walls or being injured
 should the walls shatter.
 9.4 Access to roofs made of materials
 of Insufficient strength must not be
 permitted unless equipment is
 provided to ensure that the work can
 be carried out in a safe manner.
 10. windows and sky IIghts
 10.1 It must be possible for workers
 to open, close, adjust or secure
windows, skylights and ventilators in
a safe manner. When open, they must
not be positioned so as to constitute
a hazard to workers.
 10.2 Windows and skylights must be
designed In conjunction with
equipment or otherwise fitted with
devices allowing them to be cleaned
without risk to the workers carrying
out this work or to workers present.
11.  Doors and gates
11.1 The position, number and
dimensions of doors and gates, and
the materials used in their
construction, are determined by the
nature and use of rooms or areas.
11.2 Transparent doors must be
appropriately marked at a conspicuous
 level.
11.3 Swing doors and gates must be
transparent or have see-through
panels.
11.4 If transparent or translucent
surfaces In doors and gates are not
made of safety material and if there
 Is a danger that workers may be
injured if a door or gate should
shatter, the surfaces must be
protected against breakage.
11.5 Sliding doors must be fitted
with a safety device to prevent them
from being derailed and falling over.
11.6 Doors and gates opening upwards
must be fitted with a mechanism to
secure them against falling back.
11.7 Doors along escape routes must
be appropriately marked.
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           BY THE COMMISSION                OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 11.8 Doors for pedestrians must be
 provided in the Immediate vicinity of
 any gates Intended essentially for
 vehicle traffic, unless It Is safe
 for pedestrians to pass through; such
 doors must be clearly marked and left
permanently unobstructed.
 11.9 Mechanical doors and gates must
 function In such a way that there is
no risk of accident to workers.
They must be fitted with easily
 Identifiable and accessible emergency
shut-down devices and, unless they
open automatically In the event of a
power failure, it must also be
possible to open them manually.
12. Traffic routes - danger areas
12.1 Traffic routes, Including
stairs, fixed ladders and loading
bays and ramps, must be calculated,
 located, laid out and made negotiable
to ensure easy, safe and appropriate
access in such a way as not to
endanger workers employed in the
vicinity of these traffic routes.
12.2 Routes used for pedestrian
traffic and/goods traffic must be
dimensioned in accordance with the
number of potential users and the
type of activity concerned.
If means of transport are used on
traffic routes, a sufficient safety
clearance or adequate protective
devices must be provided for
pedestrI ans.
12.3 Sufficient clearance must be
allowed between vehicle traffic
routes and doors, gates, passages for
pedestrians, corridors and
staircases.
12.4 Where the use and equipment of
rooms so requires for the protection
of workers, traffic routes must be
clearly Identified.
12.5 If the site contains danger
areas In which, owing to the
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            BY THE COMMISSION               OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 nature of the work, there Is a risk
 of the worker or objects falling,
 these areas must be equipped with
 devices preventing unauthorized
 workers from entering them.
 Appropriate measures must be taken to
 protect workers authorized to enter
 danger areas.
 Danger areas must be clearly
 Indicated.
 13. Specific measures for escalators
     and travelators
 Escalators and travelators must
 functIon safely.
They must be equipped with any
necessary safety devices.
They must be fitted with easily
 Identifiable and accessible emergency
shut-down devices.
 14. Loading bays and ramos
 14.1 Loading bays and ramps must be
suitable for the dimensions of the
 loads to be transported.
14.2 Loading bays must have at least
one ex It point.
14.3 Loading ramps must be
sufficiently safe to prevent workers
from falIIng off.
15. Room dimensions and air space In
     rooms - freedom of movement at
     the workstation
15.1 Rooms containing workplaces must
have sufficient floor area and height
to allow workers to perform their
work without risk to their safety,
health or well-being.
15.2 The floor area at the
workstation must be such as to allow
workers sufficient freedom of
movement to perform their work.
If this is not possible for reasons
specific to the workstation, the
worker must be provided with
sufficient freedom of movement near
his workstat ion.
16. First-aid rooms
16.1 One or more first-aid rooms must
be provided where the scale of the
works, the types of activity being
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           BY THE COMMISSION                  OPINION OF THE EUROPEAN
                                             PARLIAMENT OF 22.02.1991
carried out and frequency of
accidents so dictate.
16.2 First-aid rooms must be fitted
with essential first aid
 installations and equipment and be
easily accessible to stretchers.
They must be signposted In accordance
with the national regulations
 implementing Directive 77/576/EEC.
16.3 In addition, first-aid equipment 16.3 In addition, first-aid
must be available at all places where equipment must be available at all
working conditions require It.        places where working conditions
This equipment must be suitably       require it.
marked and easily accessible.         This equipment must be suitably
                                      marked and easily accessible.
                                      A clearly displayed sign must also
                                      be provided showing the address and
                                      telephone number of the local
                                      emergency service.
17.      Sanitary equipment           17.  Sanitary eoulpment
                                      This shall comply with satisfactory
                                      standards of hygiene.
17.1 Changing rooms and lockers
17.1.1 Appropriate changing rooms
must be provided for workers if they
have to wear special work cloths.
Changing rooms must be easily
accessible, be of sufficient capacity
and be provided with seating.
17.1.2 Changing rooms must be
sufficiently large and have
facilities to enable each worker,
where necessary, to dry his working
clothes as well as his own clothing
and personal effects and to lock them
away.
If circumstances so require (e.g.
dangerous substances, humidity,
dirt), facilities must be provided to
enable working clothes to be kept In
a place separate from workers' own
clothes and personal effects.
17.1.3 Provision must be made for
separate changing rooms or separate
use of changing rooms for men and
women.
17.1.4 If changing rooms are not
required, each workers must be
provided with a place In which he can
lock away his own clothes and
personal effects.
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            BY THE COMMISSION               OPINION OF THE EUROPEAN
                                           PARLIAMENT OF 22.02.1991
 17.2 Lavatories and washbasins
 Special facilities with an adequate
 number of lavatories and washbasins
 must be provided for workers in the
 vicinity of workstations, rest rooms,
 changing rooms and rooms housing
showers or washbasins.
Provision must be made for separate
 lavatories or separate use of
 lavatories for men and women.
 17.3 Showers and washbasins
17.3.1 Suitable showers In sufficient
numbers must be provided for workers
 if required by the nature of the work
or for health reasons.
Provision must be made for separate
shower rooms or separate use of
shower rooms for men and women.
17.3.2 The shower rooms must be
sufficiently large to permit each
worker to wash without hindrance In
conditions of an appropriate standard
of hygiene.
The showers must be equipped with hot
and cold running water.
17.3.3 Where showers are not required
under the first subparagraph of
17.3.1 Aadequate and suitable
washbasins with running water (hot
water if necessary) must br provided
 in the vicinity of the workstations
and the changing rooms.
Such washbasins must be separate for,
or used separately by, men and women
when so required for reasons of
propriety.
17.3.4 Where the rooms housing the
showers or washbasins are separate
from the changing rooms, there must
be easy communication between the
two.
18. Rest rooms and/or accommodation
     axaas.
18.1 Where the safety or health or
workers, in particular because of the
type of activity carried out or the
presence of more than a certain
number of employees as well as the
remote nature of the site, so
require, workers must be provided
with easily accessible rest and
accommodation facilities.
18.2 est rooms and accommodation
areas must be large enough and
equipped with an adequate number of
tables and seats with backs for the
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                                          PARLIAMENT OF 22.02.1991
number of workers concerned.
 18.3 If there are no facilities of
 this kind, other facilities must be
provided in which workers can stay
during Interruptions In work.
 18.4 Appropriate measures should be
 taken for the protection of non-
smokers against discomfort caused by
 tobacco smoke.
 19. Pregnant women and nursing
     mothers
Pregnant women and nursing mothers
must be able to I le down to rest in
appropriate conditions.
20. Handicapped workers
Workstations must be organized to
take account of handicapped workers,
 if necessary.
This provision applies In particular
to the doors, passageways,
staircases, showers, washbasins,
 lavatories and workstatIons used or
occupied directly by handicapped
persons.
21. MI see I Ianeous orovI s Ions
21.1 Workers must be provided at the
site with a sufficient quantity of
drinking water and possibly another
suitable non-alcoholic beverage both
In occupied rooms and In the vicinity
of workstations.
21.2 Workers must be provided with
facilities enabling them to prepare
and take their meals in satisfactory
condlt ions.
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                                                                 COM(91) 117 final
                                                      DOCUMENTS
SN                                                                                         04
                                Catalogue number •: CB-CO-91-147-EN-C
                                                               ISBN 92-77-71029-2
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