CELEX: 51992PC0234
Language: en
Date: 1992-11-16
Title: Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for transport activities and workplaces on means of transport

28. 1 . 93                                  Official Journal of the European Communities                                  No C 25/17
              Proposal for a Council Directive concerning the minimum safety and health requirements for
              transport activities and workplaces on means of transport (Individual Directive within the
                                            meaning of Article 16) of Directive 89/391/EEC
                                                              (93/C 25/02)
                                                     COM(92) 234 final — SYN 420
                                          (Submitted by the Comission on 17 November 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               frequently require the presence of workers on board the
                                                                       means of transport for uninterrupted periods of time , spe­
Having regard to the Treaty establishing the European                  cific organizational methods should be provided for;
Economic Community, and in particular Article 118a ther­
eof,
                                                                       Whereas compliance with the minimum requirements
Having regard to the proposal from the Commission, sub­                designed to guarantee a better standard of safety and
mitted after consulting the Advisory Committee on Safety,              health at workplaces on means of transport is essential to
Hygiene and Health Protection at Work,                                 ensure the safety and health of workers;
In cooperation with the European Parliament,
                                                                       Whereas the activities of self-employed workers not cov­
Having regard to the opinion of the Economic and Social                ered by the provisions of this Directive should be
Committee ,                                                            addressed by another directive dealing in general terms
                                                                       with the health and safety of self-employed workers in all
                                                                       sectors of activity;
Whereas Article 118a of the Treaty provides that the
Council shall adopt, by means of directives, minimum
requirements for encouraging improvements, especially in               Whereas this Directive is an individual Directive within
the working environment, to ensure a better level of pro­
                                                                       the meaning of Article 16 ( 1 ) of Directive 89/391/EEC of
tection of the safety and health of workers;
                                                                        12 June 1989 on the implementation of measures to
                                                                       encourage improvements in the safety and health of work­
Whereas, under the terms of that Article, those directives             ers at work (4); whereas the provisions of the latter are
are to avoid imposing administrative, financial and legal              therefore fully applicable to the field of transport activities
constraints in a way which would hold back the creation                without prejudice to more stringent and/or specific provi­
and development of small and medium-sized undertakings;                sions contained in this Directive ;
Whereas the communication from the Commission on its
programme concerning safety, hygiene and health at                     Whereas means of transport which are special items of
work (') provides for the adoption of a directive designed             work equipment are covered by Council Directive 89/655/
to guarantee the safety and health of workers at the work­              EEC of 30 November 1989 concerning the minimum safety
place ;                                                                 and health requirements for the use of work equipment by
                                                                        workers at work (second individual Directive within the
Whereas, in its resolution of 21 December 1987 on safety,               meaning of Article 16 (1 ) of Directive 89/391 /EEC) (5);
hygiene and health at work (2), the Council took note of
the Commission's intention of submitting to the Council
minimum requirements concerning the arrangement of the                  Whereas because the conditions governing safety on board
place of work;                                                          means of transport mainly depend on the faculties and the
                                                                        state of health of certain workers, and incapacitation, even
Whereas Council Directive 89/654/EEC of 20 November                     for a short time, during the performance of certain tasks
1989 on the minimum safety and health requirements for                  can directly jeopardize the safety of the means of transport
the workplace (3) does not apply to means of transport                  and of the persons on board, preventive medical surveil­
used outside the undertaking and/or the establishment or                lance should therefore be provided for which would make
workplaces inside means of transport and these should be                it possible to identify at an early stage any deterioration in
dealt with specifically;                                                these workers ' faculties;
Whereas because transport activities often take place out­
side the permanent establishments of undertakings and                   Whereas it is important that no obstacle be placed in the
                                                                        way of the application of the other Community directives
0)    OJ No C 28, 3. 2. 1988, p, 3 .
(z)   OJ No C 28, 3 . 2. 1988, p. 1 .                                   (4)  OJ No L 183, 29. 6. 1989, p. 1 .
(3)   OJ No L 393 , 30. 12. 1989, p . 1 .                               (5)  OJ No L 393, 30. 12. 1989, p. 13.
 ---pagebreak--- No C 25/18                                Official Journal of the European Communities                                       28. 1 . 93
concerning the field of transport, always provided that                                         SECTION II
such directives provede at least the level of protection laid
down by this Directive;                                                                EMPLOYERS ' OBLIGATIONS
Whereas this Directive is a practical contribution towards                                         Article 3
creating the social dimension of the internal market;
                                                                                        Modifications to workplaces
Whereas, pursuant to Decision 74/325/EEC ('), as last
amended by the 1985 Act of Accession, the Advisory
Committee on Safety, Hygiene and Health Protection at                1 . Workplaces on board means of transport must comply
Work is consulted by the Commission on the drafting of               with the minimum requirements for safety and health set
proposals in this field,                                             out in Annex II, Part A.
                                                                     2. Notwithstanding paragraph 1 , workplaces on board
HAS ADOPTED THIS DIRECTIVE :                                         means of transport already in service on the date specified
                                                                     in Article 13 ( 1 ) must, within three years of that date, com­
                                                                     ply with the minimum requirements set out in Annex II,
                            SECTION I                                Part A.
                   GENERAL PROVISIONS
                                                                                                   Article 4
                              Article 1
                                                                              Sanitary facilities, rest rooms and living areas
                               Subject
                                                                     1 . Depending on the length of the continuous periods of
                                                                     time during which workers are obliged to remain on board
1.  This Directive , which is the 12th individual Directive          the means of transport and taking into account the nature
within the meaning of Article 16 (1 ) of Directive 89/391/           of the activities involved, the employer must provide on
EEC, lays down minimum requirements for safety and                   the means of transport appropriate sanitary facilities, rest
health at workplaces on board means of transport and                 rooms and living quarters for such workers.
transport activities, as defined in Article 2.
                                                                     2. The sanitary facilities, rest rooms and living quarters
2. The provisions of Directive 89/391/EEC are fully                  referred to in paragraph 1 must comply with the minimum
applicable to the entire area referred to in paragraph 1 ,           requirements for safety and health set out in Annex II,
without prejudice to more restrictive and/or specific provi­         Part B.
sions contained in this Directive .
                                                                     3 . Notwithstanding paragraph 2, sanitary facilities, rest
3 . The provisions contained in this Directive are without           rooms and living quarters on board means of transport
prejudice to other specific Community provisions, includ­            already in service on the date specified in Article 13 ( 1 )
ing those on transport, provided these do not reduce the             must, within three years of that date, comply with the mini­
level of protection to workers laid down by this Directive.          mum requirements for safety and health set out in Annex
                                                                     II, Part B.
                              A rticle 2
                                                                     4. If the length of time for which the workers must
                                                                     remain without interruption on board the means of trans­
                            Definitions                              port does not necessitate application of paragraph 1 , the
                                                                     employer must, if the nature of the journey and the activi­
                                                                     ties so require , either make available to workers sanitary
For the purposes of this Directive,                                  facilities, rest rooms and living quarters as defined in para­
1.   'transport activities' mean all the activities on board         graph 1 , or take adequate measures to ensure that workers
     means of transport and those set out in Annex I;                may have the use of facilities of at least the same standard
                                                                     at suitable and easily accessible locations.
2.   'means of transport' means work equipment intended
     for all types of transport in the air, on roads, on rail­
     ways or on the water;                                                                         Article 5
3.   'drivers' mean the workers actually operating the
     instruments controlling the movement of a means of                                   General requirements
     transport .
                                                                     To safeguard the safety and health of workers the
0)   OJ No L 185 , 9. 7. 1974, p. 15 .                               employer shall see to it that:
 ---pagebreak--- 28. 1 . 93                               Official Journal of the European Communities                                   No C 25/19
     means of transport are kept m a satisfactory condition               whenever called for by circumstances or requested by
     of safety,                                                           the workers themselves.
     technical maintenance of workplaces on means of
     transport and of the equipment and devices, and in                                           Article 8
     particular those referred to in Annexes II and III is
     carried out and any faults found which are liable to
     affect the safety and health of workers are rectified as          First aid, fire-fighting and evacuation of workers, serious
     quickly as possible,                                                                  and imminent danger
     workplaces on means of transport and the equipment
     and devices, and in particular those referred to in            1 . In implementing Article 8 of Directive 89/391/EEC in
     Annex II, Part A, point 6, are regularly cleaned to an         relation to transport activities, the employer must take into
     adequate level of hygiene,                                     account the type and size of the means of transport and the
                                                                    characteristics of its load and of the route .
     safety, emergency, control and signalling equipment
     and devices intended to prevent or eliminate hazards           2. Paragraph 4 of the above Article shall not be appli­
     and, in particular, equipment referred to in Annexes II        cable where the absence of a worker from his workstation
     and III are regularly maintained and checked.                  would lead to an appreciable deterioration of the safety
                                                                    conditions of all those on board the means of transport.
                            Article 6                               3.   The Member States may, in consultation with the two
                                                                    sides of industry, lay down detailed procedures for the
                                                                    implementation of paragraph 2 and the allocation of res­
                                                                    ponsibilities arising therefrom.
                    Organizational measures
The employer shall take suitable organizational measures                                          A rticle 9
and shall provide workers with suitable equipment to safe­
guard the safety and health of workers during transport                                   Information of workers
activities .
                                                                    1 . Without prejudice to Article 10 of Directive 89/391 /
In devising the organizational measures and in selecting            EEC, the employer shall take the measures necessary to
the equipment intended to safeguard the health and safety           ensure that workers have at their disposal, where appro­
of workers during transport activities, the employer shall          priate in written form, adequate information concerning
take into consideration the specific conditions and features        safety and health during transport activities.
of the work, route and infrastructure concerned and any
risks to the safety and health of workers which might arise
during transport activities.                                        2. The information must contain at least adequate safety
                                                                    and health information concerning:
                                                                    — normal conditions under which the transport activities,
The employer shall implement the minimum safety and                       including loading and unloading, are carried out,
health requirements set out in Annex III.                                                                         i
                                                                    —     foreseeable abnormal situations and the action to be
                                                                          taken in such circumstances ,
                            A rticle 7                              — the conclusions to be drawn from any experience
                                                                          gained during transport activities.
           Fitness of workers — Medical surveillance
                                                                                                 Article 10
For the purposes of Article 14 of Directive 89/391/EEC,
                                                                                            Training of workers
the medical surveillance of workers engaged in transport
activities involving hazards likely to jeopardize directly
their own safety and that of the other workers on board             Without prejudice to Article 12 of Directive 89/391 /EEC,
the means of transport must take place:                             the employer shall take the necessary measures to ensure
                                                                    that workers engaged in transport activities receive suita­
— before the worker takes up the duties concerned,                  ble training, particularly on the risks which these activities
                                                                    involve and on the steps to be taken to reduce the likeli­
— at regular intervals thereafter,                                  hood and severity of accidents and to minimize their
 ---pagebreak--- No C 25/20                              Official Journal of the European Communities                                    28. 1 . 93
effects. Worker training shall include emergency evacua­                                     Article 13
tion practise and rescue drills according to the type of
transport and the working conditions.
                                                                                          Final provisions
                           Article 11
                                                                   1 . Member States shall bring into force the laws, regula­
                                                                   tions and administrative provisions necessary to comply
     Consultation of workers and workers' participation            with this Directive by 31 December 1994 at the latest.
                                                                   They shall forthwith inform the Commission thereof.
Consultation and participation of workers and/or their
representatives shall take place in accordance with Article
11 of Directive 89/391/EEC on the matters covered by this          The provisions adopted pursuant to this paragraph shall
Directive, including the Annexes thereto, particularly with        contain a reference to this Directive or shall be accompa­
a view to implementing Articles 4, 6 and 8.                        nied by such reference at the time of their official publica­
                                                                   tion. The procedure for such reference shall be adopted by
                                                                   the Member States .
                          SECTION III
              MISCELLANEOUS PROVISIONS                             2.  Member States shall communicate to the Commission
                                                                   the texts of the provisions of national law which they have
                           Article 12                              already adopted or adopt in the field governed by this
                                                                   Directive .
                Amendments to the Annexes
                                                                   3 . Member States shall report to the Commission every
Strictly technical amendments to the Annexes II and III as         five years on the practical implementation of the provi­
a result of:
                                                                   sions of this Directive, indicating the points of view of
— the adoption of directives on transport safety or tech­          employers and workers. The Commission shall inform the
     nical harmonization and standardization of the design,        European Parliament, the Council, the Economic and
     manufacture or construction of means of transport             Social Committee and the Advisory Council on Safety,
     and parts of workplaces, and/or                               Hygiene and Health Protection at Work.
— technical progress, changes in international regula­
     tions or specifications and knowledge with regard to
     transport activities,                                                                   Article 14
— shall be adopted in accordance with the procedure laid
     down in Article 17 of Directive 89/391/EEC.                   This Directive is addressed to the Member States .
 ---pagebreak--- 28. 1 . 93                           Official Journal of the European Communities                                       No C 25/21
                                                          ANNEX I
                                 LIST OF ACTIVITIES REFERRED TO IN ARTICLE 2
           1. Activities directly related to a means of transport which are performed outside the latter by workers
              whose normal workstation is on board.
           2. Activities of workers on the infrastructure of an operational railway network if the workers are author­
              ized to enter the security zone of the network.
           3. Activities of workers on the external parts of aircraft in traffic areas of airports if they are directly
              related to a means of transport.
           4. Activities of workers during distribution and collection work on public highways involving frequent
              stops.
                                                                                                                  J
 ---pagebreak--- No C 25/22                                  Official Journal of the European Communities                                       28. 1 . 93
                                                                ANNEX II
                                                                 PARTA
             MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR WORKPLACES ABOARD MEANS
                           OF TRANSPORT REFERRED TO IN ARTICLE 3 OF THE DIRECTIVE
           1.      PRELIMINARY NOTE
                   The obligations laid down in this Annex apply whenever required by the features of the means of trans­
                   port, the workplace, the activity, the circumstances or a hazard.
           2.      STABILITY , SOLIDITY
                   Workplaces on board means of transport must have a structure and solidity appropriate to the nature of
                   their use .
           3.      ELECTRICAL INSTALLATIONS AND ENERGY SOURCES
                   The electrical installations must not present a fire or explosion hazard; persons must be adequately pro­
                   tected against the risk of accidents caused by direct or indirect contact.
                   The electrical installations and the protective devices must be appropriate to the voltage, external condi­
                   tions and the competence of persons with access to parts of the installations.
                   It must be possible for emergency, safety, control and signalling equipment to continue functioning in
                   the event of failure, fire or immersion of their main power supply.
           4.      EMERGENCY ROUTES AND EXITS
           4.1 .   Workplaces which may be occupied whilst the means of transport is in motion
           4.1.1 . Emergency routes and exits to a safe area on board the means of transport
                   Workplaces which may be occupied whilst the means of transport is in motion and at rest must provide
                   access to a safe area on board. There must be a sufficient number of emergency routes and exits.
                   The 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.
                   It must be possible for closed emergency doors to be opened easily and immediately by any person in an
                   emergency .
                   Emergency routes and exits requiring illumination must be provided with emergency lighting of ade­
                   quate intensity in case the lighting fails. Emergency routes and exits must be marked according to the
                   type and complexity of the means of transport, in accordance with national regulations transposing
                   Directive 77/576/EEC into law .
                   Depending on the means of transport drivers' cabs may be exempted from the provisions of this para­
                   graph .
           4.1.2.  Emergency doors of and exits from the means of transport
                   Means of transport must be able to be evacuated under conditions of maximum safety. If the normal
                   access facilities do not allow sufficiently rapid evacuation, there must be a sufficient number of emer­
                   gency exits for the number of workers and other persons on board.
 ---pagebreak--- 28. 1 . 93                                Official Journal of the European Communities                                      No C 25/23
                  The emergency doors and exits from the means of transport must remain closed and, if necessary, bolted
                  for as long as the safety of the means of transport and the user himself so requires.
                 Depending on the type and size of the means of transport and the number of people it can take on
                  board, adequate rescue and survival equipment must be available to ensure that:
                 —     the emergency exits can be opened,
                 —     the means of transport can be evacuated safely and in good time,
                 —     that safety is maintained after evacuation.
                 Specific emergency routes and exits must be indicated by signs in accordance with the national regula­
                 tions transposing Directive 77/576/EEC into law.
           4.2.  Workplaces which are only occupied when the means of transport is at rest
                 Workplaces which are occupied only when the means of transport is at rest must, in the event of danger,
                 be able to be evacuated rapidly and in conditions of maximum safety for workers.
                 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.
                                                               i
                 Emergency routes and exits requiring illumination must be provided with emergency lighting of ade­
                 quate intensity in case the lighting fails.
           5.    FIRE DETECTION AND FIRE FIGHTING
           5.1 . Depending on the dimensions and use of the means of transport, the equipment contained therein, the
                 physical and chemical characteristics of the substances present and the maximum potential number of
                 people present, workplaces must be equipped with appropriate fire-fighting equipment and as necessary,
                 with fire detectors, monitoring equipment and alarm systems.
           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 transposing
                 Directive 77/576/EEC into law .
                 Such signs must be placed at appropriate points and be made to last.
           6.    VENTILATION OF ENCLOSED WORKPLACES
                 Steps shall be taken to ensure that there is sufficient fresh air in enclosed workplaces having regard to
                 the working methods used and the physical demands placed on the workers.
                 If there is a ventilation system it shall be maintained in working order.
                 Where ventilation is necessary to protect workers' health, breakdowns in the ventilation system must be
                 indicated by a control system.
           7.    ROOM TEMPERATURE
           7.1 . During working hours the temperature in rooms containing workplaces must be adequate for human
                 beings, having regard to the working methods used and the physical demands placed on the workers.
           7.2.  Those parts of a means of transport liable to cause burns to workers or to cause release of excessive heat
                 must be insulated and/or protected by adequate means.
 ---pagebreak--- No C 25/24                                 Official Journal of the European Communities                                        28. 1 . 93
           8.     NATURAL AND ARTIFICIAL LIGHTING
           8.1 .  Workplaces and traffic routes on board means of transport must as far as possible receive sufficient
                  natural light and be equipped with artificial lighting adequate for the protection of workers' safety and
                  health .
           8.2.   Workplaces in which workers are especially exposed to risks in the event of the failure of artificial light­
                  ing must be provided with emergency lighting of adequate intensity.
           8.3 .  The artificial lighting used and the dashboard lighting may not dazzle drivers or cause confusion as to
                  the signals.
           9.     FLOORS , WALLS , CEILINGS
           9.1 .  The floors of workplaces must be of non-slip material unless this is incompatible with the specific pur­
                  pose of the floor in question. There must be no obstacles on the floor other than those which are essen­
                  tial to the proper functioning of the means of transport, and these must be made conspicuous through
                  such means as use of contrasting colour or appropriate marking.
                  If a means of transport is equipped with ball mats where the workers must have access for loading,
                  unloading and storage , non-slip areas must be provided to allow workers to move around.
           9.2.   Transparent or translucent walls, in particular all-glass partitions, in rooms or in the vicinity of work­
                  places and traffic routes must be clearly indicated and made of safety material or be shielded from such
                  places or traffic routes to prevent workers from coming into contact with walls or being injured should
                  the walls shatter.
           9.3 .  External parts of means of transport which do not offer sufficient resistance to the weight of workers
                  and their equipment must be clearly marked.
           10 .   DOORS
           10.1 . Transparent doors must be appropriately marked at a conspicuous level. This does not apply if such a
                  sign would restrict the driver's field of vision.
           10.2.  Swing doors and gates must be transparent or have see-through panels.
           10.3.  If the doors are located at a different height from the access level, handles or other suitable devices must
                  be fitted to facilitate getting in and out.
           10.4.  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 .
           10.5.  Sliding doors must be fitted with a safety device to prevent them from being derailed and falling over.
           10.6.  Doors and gates opening upwards must be fitted with a mechanism to secure them against falling back.
           10.7.  Mechanical doors and gates must function in such a way that there is no risk of accident to workers and
                  people being transported.
                  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.
           11 .   TRAFFIC ROUTES — DANGER AREAS
           11.1 . Traffic routes on board means of transport including stairs, fixed ladders and loading bays and ramps,
                  must be designed to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way so
                  as not to endanger workers employed in the vicinity of these traffic routes.
 ---pagebreak--- 28. 1 . 93                               Official Journal of the European Communities                                        No C 25/25
                  Ladders and removable staircases must be fixed securely and if necessary they must be fitted with guar­
                  drails and handrails .
           11.2.  The dimensions of the traffic routes for persons and/or goods must be dependent on the potential num­
                  ber of users and the type of the means of transport.
                  Whilst work equipment is being moved along traffic routes an adequate safety distance shall be pro­
                  vided for pedestrians.
                  When vehicles are being moved by transhipping devices the latter must be placed so as to allow workers
                  to move around and to carry out their tasks in safety.
           11.3.  Sufficient clearance must be allowed between vehicle traffic routes and doors, passages for pedestrians,
                  corridors and staircases .
           11.4.  Where the use and equipment of rooms so requires for the protection of workers, traffic routes must be
                  clearly identified.    ^
           11.5 . If the workplaces contain danger areas in which, owing to the nature of the work, there is a risk of the
                  worker or objects falling, the places must be equipped, as far as possible , with devices preventing unau­
                  thorized workers from entering these areas.
                  Appropriate measures must be taken to protect workers authorized to enter danger areas.
                  Danger areas must be clearly indicated.
           12 .   ACCESS TO MEANS OF TRANSPORT
           12.1 . Access to means of transport must be appropriate in respect of height differences, the number of per­
                  sons and the type of loads transported.
           12.2.  Access to means of transport must be appropriate to the type of means of transport, must be either
                  securely attached or joined so as to prevent any inadvertent movement during access, and must be
                  equipped with sufficient protection to prevent workers from falling.
           13 .   WORKSTATIONS
                  Workstations on board means of transport must be economically designed and must have sufficient
                  space to ensure freedom of movement for the workers, particularly when carrying out their duties. With
                  regard to driver's cabins the second of the two provisions in this paragraph shall apply only as far as
                  practicable and shall depend on the type of means of transport.
           14.    FIRST AID AND RESCUE EQUIPMENT
                  Workplaces must be fitted with first aid and rescue equipment of a capacity commensurate with the
                  maximum number of persons likely to be on board, raised by a sefety factor.
                  The equipment must be suitably marked and easily accessible .
           15 .   HANDICAPPED WORKERS
                  Workplaces must be organized to take account, if necessary, of handicapped workers carrying out duties
                  there .
           16.    OUTDOOR WORKPLACES (SPECIAL PROVISIONS)
                  When workers are employed at workstations outdoors, such workstations must as far as possible be
                  organized so that workers:
                  (a) are protected against inclement weather conditions and, if necessary, against falling objects;
 ---pagebreak--- No C 25/26                                   Official Journal of the European Communities                                        28. 1 . 93
                   (b) are not exposed to harmful noise levels nor to harmful external influences such as gases, vapours or
                         dust;
                   (c) are able to leave their workstations swiftly in the event of danger or are able to be rapidly assisted;
                   (d) cannot slip or fall;
                   (e) are not directly endangered by traffic.
                                                                    PART B
             MINIMUM SAFETY AND HEALTH REQUIREMENTS CONCERNING SANITARY FACILITIES
              REST ROOMS AND LIVING AREAS TO BE IMPLEMENTED IN ACCORDANCE WITH THE
                           PROCEDURES PROVIDED FOR IN ARTICLE 4 (1) OF THE DIRECTIVE
           1.      GENERAL
                   Points 2, 3, 4, 5, 6, 7.2, 8, 9, 10, 14 and 15 of Part A of this Annex apply mutatis mutandis to the sanitary
                   facilities, rest rooms and living quarters to the extent dictated by the circumstances or the risk.
           2.      REST ROOMS AND REST AREAS
           2.1 .   Where the safety and health of workers, in particular because of the type of activity carried out or the
                   presence of more than a certain number of employees, so require , workers must be provided with an
                   easily accessible rest room or appropriate rest area.
           2.2.    Rest rooms and rest areas must be equipped with tables and seats with backs.
           2.3.    In rest rooms and rest areas appropriate measures must be introduced for the protection of non-smokers
                   against discomfort caused by tobacco smoke.
           3.      PREGNANT WOMEN
                   Pregnant women must be able to lie down to rest in appropriate conditions.
           4.      SANITARY EQUIPMENT
           4.1 .   Changing rooms and lockers
           4.1.1 . Appropriate changing rooms must be provided for workers if they have to wear special work clothes
                   and where, for reasons of health or propriety, they cannot be expected to change in another place .
                   Changing rooms must be easily accessible and of sufficient capacity.
           4.1.2. Changing rooms must have facilities to enable each worker to lock away this clothes during working
                   hours .
                   If circumstances so require (e.g. dangerous substances , humidity, dirt) lockers for work clothes must be
                   separate from those for ordinary clothes.
           4.1.3. Provision must be made for separate changing rooms or separate use of changing rooms for men and
                   women .
           4.2.    Showers, lavatories and washbasins
           4.2.1 . Workplaces must be fitted out in such a way that workers have near at hand:
                   —     showers, if required by the nature of their work,
 ---pagebreak--- 28. 1 . 93                                  Official Journal of the European Communities                                     No C 25/27
                   —    special facilities equipped with an adequate number of lavatories and washbasins.
           4.2.2. The showers and washbasins must be equipped with running water (hot water if necessary).
           4.2.3 . Provision must be made for separate showers or separate use of showers for men and women.
                   Provision must be made for separate lavatories or separate use of lavatories for men and women.
           5.      LIVING QUARTERS
           5.1 .   The location, structure , fittings and equipment of living quarters for crews and service areas and means
                   of access to them must be such that they ensure adequate protection against the danger of traffic, incle­
                   ment weather, nuisances due to noise and vibration and gases and fumes emitted in other parts of the
                   means of transport and likely to disturb the workers' rest outside working hours.
                   Appropriate measures must be taken for the protection of non-smokers against discomfort caused by
                   tobacco smoke .
           5.2.    The kitchen and/or cooking recesses must be easy to keep clean. If required there must be sufficient
                   food storage and refrigeration facilities.
           6.      ROOM TEMPERATURE
                   The temperature in rest areas and rooms, living quarters, rooms for duty staff, sanitary facilities and
                   canteens must be appropriate to the particular purpose of such areas and rooms.
 ---pagebreak--- No C 25/28                                Official Journal of the European Communities                                        28. 1 . 93
                                                               ANNEX III
           MINIMUM         SAFETY       AND     HEALTH       REQUIREMENTS            FOR     TRANSPORT          ACTIVITIES
                                                  REFERRED TO IN ARTICLE 6
           1.     PRELIMINARY NOTE
                  The provisions of this Annex apply whenever the characteristics of the means of transport, the activities
                  or the circumstances or a hazard so require.
           2.     GENERAL ORGANIZATIONAL MEASURES AND METHODS APPLICABLE TO TRANS­
                  PORT ACTIVITIES
           2.1 .  The employer must arrange for the planning of the route to be taken and its timing, taking account of
                  the load and the weather conditions and evaluating the traffic conditions and the risks inherent in var­
                  ious possible routes. If necessary, one or more alternative routes must be suggested to the driver. The
                  employer shall take adequate steps to ensure that the driver is able to take account of any changes in the
                  basic conditions during the journey.
           2.2.   The employer shall ensure that the workers' daily working hours are interrupted by a sufficient number
                  of breaks of sufficient length to safeguard the health of the workers and to take account of their sanitary
                  needs .
           2.3 .  In the case of combined transportation , the employer shall , if necessary in cooperation with the other
                  employer, ensure that workers accompanying means of transport on board another means of transport
                  also benefit from the provisions of paragraphs 1 or 2 of Article 4 of the present Directive .
           2.4.   The employer shall take steps to ensure that workers handing over to those relieving them at a worksta­
                  tion located on board a means of transport can, when handing over, provide any necessary information
                  on faults they have observed.
           2.5 .  The measures to be taken and the methods to be deployed to deal with serious situations which can
                  arise during transport activities must be determined in the light of the means of evacuation and the pro­
                  tection and rescue equipment required and the number of workers and other persons involved.
                           i
           2.6.   The employer shall ensure that a competent person who is familiar with the factors determining the
                  stability of the means of transport under all loading, unloading and transport conditions supervises load­
                  ing and unloading operations. This person may take an active part in such operations.
           2.7 .  The condition of the load and of the means of transport must be monitored during the journey depend­
                  ing on the means of transport involved, the route, the features of the load and the weather conditions. If
                  it is not possible to guarantee an adequate level of safety, the transport activity must be adapted to suit
                  the changed circumstances, interrupted or suspended as necessary.
           2.8.   Devices must be provided to prevent untimely shifting of accessories and equipment used during trans­
                  port in order to ensure that they do not constitute a danger for the workers.
           2.9.   Any potential source of ignition must be kept away from areas where there is a fire or explosion hazard.
                  These areas must be marked clearly and permanently and smoking there must be prohibited.
           2.10.  Measurement and/or warning devices must be available in as far as the safety of workers or other per­
                  sons require it.
           2.11 . Whilst a means of transport is being repaired, suitable steps to protect workers should be taken, and
                  should include an adequate display of warning signs.
 ---pagebreak--- 28. 1 . 93                                     Official Journal of the European Communities                                      No C 25/29
           3.         SPECIFIC ORGANIZATIONAL MEASURES FOR VARIOUS TYPES OF TRANSPORT
           3.1 .      Transport on water
           3.1.1 . The employer shall ensure that vessels are properly crewed, taking into account the type, the cargo and
                      the navigational zone and length of voyage . The crew must be able to use the rescue and evacuation
                      equipment correctly.
           3.1.2.     Before departure, arrangements must be made to ensure that the vessel is seaworthy, that it is fitted out
                      and equipped properly and that there are sufficient provisions, fuel and spare parts. Emergency, safety,
                      control and signalling equipment must be provided and kept in fully operational condition. Ocean-going
                      vessels must have sufficient quantities or drinking water on board or an installation for producing suffi­
                      cient drinking water. Liquefied gas tanks on vehicles on board the vessel must be locked.
           3.1.3. Docking, towing and anchoring manoeuvres must be executed so as not to endanger workers' safety.
                      There must be a reliable system for the transmission of the corresponding orders to the stations involved
                      in the manoeuvre .
           3.1.4.     When formation of ice on vessels is liable to compromise their stability, suitable measures must be taken
                      so that the workers can de-ice in safety.
           3.1.5 . Tugs must be equipped with a towing hook which can be disengaged without danger from the control
                      room .
                                           j
           3.1.6.     Pusher platforms must be so designed that workers can pass from one boat to another easily and in
                      safety, particularly at the start of tying-up alongside .
           3.2.       Air transport
           3.2.1 .    If the paths of means of transport moving around the apron cross at the same level, traffic must be
                      planned depending on the type of the means of transport and traffic rules must be laid down.
           3.2.2.     During towing manoeuvres a reliable means of communication must be used between the person in
                      charge of operations and the towing dolly with, if necessary, recourse to an intermediary to ensure saf­
                      ety. In this case , the system of communication must be such that the intermediary is protected from the
                      risks associated with the manoeuvres. The responsibilities of all persons involved must be clearly deter­
                      mined in advance .
           3.2.3 . If journeys include rapid changes of time zone which have an appreciable effect on the circadian rhythm,
                      the employer must give the workers periods of rest to make up for this.
           3.3 .      Rail transport
                   Si
           3.3.1 . The employer shall ensure that workers on the permanent way are protected against the dangers from
                      rail vehicles and live conductors, where necessary by temporary shutdown of the network sections con­
                      cerned .
           3.3.2. The employer responsible for the permanent way must ensure that this is maintained in good operating
                       condition, particularly in respect of the safety of workers. He must ensure that an adequate means of
                       signalling is provided and kept in good operating condition through regular maintenance.
           3.3.3 .     The employer shall take adequate steps to ensure that workers working on the network are warned of
                       the approach of rail vehicles .
                       Workers shall not enter tunnels or other places of restricted dimensions outside the safety zone while
                       these sections of the rail network are in use , unless such areas have safety zones within easy reach .
 ---pagebreak--- No C 25/30                                Official Journal of the European Communities                                        28. 1 . 93
           3.3.4. Drivers of means of transport on railway networks must have a reliable means of communication with
                   their director of operations. If the driver is alone on the means of transport he must be able to communi­
                   cate verbally with the passengers.
           3.4.    Road transport
           3.4.1 . The employer must ensure that road vehicles transporting travellers or goods have sufficient crew taking
                   into account the type of the means of transport, the load, the manner of loading and the duration of the
                   stages and the total journey to be completed.
           3.4.2. The employer may only allow workers to he down or sleep on board vehicles in motion if they are
                   equipped with couchettes of sufficient size , accessible from the driver's cabin and equipped to ensure
                   passive protection in the event of an accident.
           3.4.3.  Spare wheels must be attached securely to vehicles. If necessary a device must be provided to allow
                   them to be fitted and detached easily.
           3.4.4. During distribution and collection operations involving frequent stops, the employer must, as far as pos­
                   sible, ensure that the tour is so organized that workers do not have to cross road traffic. When workers
                   are standing on running boards or foot rests on the outside of the vehicle the vehicle speed shall be
                   limited to walking speed. This may only be exceeded if the workers sit down on suitable seats.