CELEX: 51988PC0074
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of Article 13 of Directive...) (1) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 74
Vol. 1988/0017
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(88 ) 74 final
                                                      Brussels , 7 March 1988
                 : •' .
          i
                            i   e*      ( <■ >
                                       / c
                                      / C.;
                      V
                                     Proposai for a
                                   COUNCIL DIRECTIVE
        concerning the minimum safety and health requirements
                                  for the workplace
   ( first individual Directive within the meaning of Article 13
                              of Directive ...) ( 1 )
                       ( presented by the Commission )
  ( 1 ) C0M(88 ) 73 final
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
 1 . Legal basis
The proposal is based on Article 118A of the EEC Treaty .
 It is the subject of the Communication from the Commission on its programme
 concerning safety , hygiene and health at work
                                                        '    ...           ,    . . 2)
The proposal is also connected with the completion of the internal market
                                         3)
 in implémentation of the new approach .
2 . Aims of the proposai
The aims of the proposal are as follows :
-    the gradual improvement of workplaces in terms of the safety and health of
     workers ;
-    harmonization , within the framework of the achievement of the internal
     market , of the minimum health and safety conditions required for all
     workplaces ;
The proposal aims to improve the safety and health of workers by establishing
minimum requirements applicable to the workplace and to introduce a social
element with a view to promoting the conditions for equal competition within
the internal market of the Community , as regards existing and future
workplaces .
In drawing up this proposal the Commission has taken account of the specific
nature of SMUs . To this end , the proposal provides that the application of
the provisions of the Directive may be modulated to take account of the size
of the undertaking and " socio-economic factors ". Member States should apply
the same principles when implementing the provisions of the Directive at
national level .
     COM ( 87 ) 520 - Council Resolution 88 / C2.8 /01 of 21.12.1987 , OJ C 28 of
3.2 . 1988
2)
     Commission white paper on the completion of the internal market ( Ref . COM
85 ( 310 ) final )
^ Council Resolution of 7.5.1985 - OJ C 136 of 4.6.1985                              0
 ---pagebreak--- 3 . The proposal in relation to existing national legislation
     Laws and regulations concerning the safety of workplaces exist in all
     Member States of the European Community . In most instances , general
     provisions exist in the Labour Codes ( framework legislations ) regarding
     the requirements for planners in the design and construction of
     workstations to take into account the safety and health of workers . This
     is the case , for example , in :
     -    Part IV of the Danish Work Environment Act of 1977
          Article 120 of the 1869 Industrial Code ( Federal Republic of Germany )
     -    Title II , Chapter 1 of the Belgian General Regulations for the
          Protection of Labour
     -    Book 2 , Parts III and IV of the French Labour Code
     -    The United Kingdom Factories Act of 1961
          The Irish Safety in Industry Act of 1980
     individual technical specifications are , however , usually in the form of
     technical regulations , guidance notices or national standards .
     Their very large number and specific nature prevents representative
     examples being given ; however , the overall coverage and the nature of
     these national specifications is sufficiently different to render some
     degree of harmonization at Community level necessary to ensure a minimal
     level of protection for all workers and to avoid competitive advantages .
4 . Characteristics of the proposai
As provided for in Article 118A of the EEC Treaty , the proposal contains
minimum requirements .
The proposed measures aim to protect workers in nearly all undertakings .
                                                                               5.
 ---pagebreak--- The proposal is based on the following three-phase plan :
-    existing workplaces must be brought into line , within a period of
     implementation , with specific minimum requirements ;
     modified or converted workplaces must , as far as is reasonably
     practicable , satisfy the minimum requirements for new workplaces ;
-    new workplaces must conform to the minimum conditions listed in Annex I.
The minimum safety and health proposals set out in Annex II are expressed as
objectives to be achieved ; a number of them require technical clarification .
In implementation of the new approach , it is intended that such clarification
will be carried out by the European standardization organizations .
To help it in its assessment of how far the measures taken at national level
conform to the minimum requirements set out in Article 4 , the Commission
intends to ask for the collaboration of the standardization organizations in
drawing up technical reports , and at the same time to ensure the adequate
participation of both sides of industry in this work .
The technical reports will be examined by the Committee referred to in the
Directive and , if approved , will be published in the Official Journal . They
will thus serve as references .
The three-phase plan referred to above is a means of achieving the gradual
 implementation provided for in Article 118A of the EEC Treaty . The proposal 's
annexes can be expanded to allow specific minimum requirements to be
 established for particular workplaces and , if necessary , to add a social
element to those parts of any internal market directive relating to the
workplace .
 ---pagebreak--- 5 . Consultation of the parties concerned
Experts , government representatives and workers' and employers' organizations
were consulted by the Commission and were involved in the preparation of the
proposal .
The Advisory Committee on Safety , Hygiene and Health Protection at Work ( set
up by Council Decision No 74/ 325/ EEC of 27.4.1974 - OJ L185 of 9.7.1974 ) was
consulted and gave an opinion which was taken into account in the drafting of
the proposal .
6 . Comments on the Articles of the proposal
-    Article 1 outlines the scope of the Directive .
-    Article 2 provides definitions .
     Article 3 determines the Member States' obligations on the design ,
     construction , installation and use of workplaces in terms of safety and
     health .
-    Article 4 establishes minimum requirements applicable to new workplaces .
-    Article 5 provides for referral to technical reports concerning the
     workplace , and for a mechanism for monitoring these technical reports and
     the national provisions .
-    Article 6 provides for spécifie minimum requirements for existing
     workplaces .
-    Article 7 provides for adaptation of the minimum requirements for
     workplaces which have undergone alterations , extensions or conversions .
-    Article 8 defines employers' obligations regarding the use and maintenance
     of workplaces and provides for consultation of workers or workers'
     representatives .
                                                                             S.
 ---pagebreak--- Article 9 comprises a procedure concerning compliance with the minimum
requirements .
Article 10 sets out the procedure for adaptation of the annexes .
Articles 11 and 12 contain the final provisions and refer in particular to
the need for the Member States to make a periodic report .
 ---pagebreak---                 Proposai for a Council Directive
                            of .
                           concerning
the minimum safety and health requirements for the workplace
       ( first individual Directive within the meaning
              of Article 13 of Directive . )
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , with
particular reference to Article 118A ,
Having regard to the Commission proposal *, drawn up after consultation with
                                                                              2
the Advisory Committee for Safety , Hygiene and Health Protection at Work ,
                                                                       3
Having regard to the opinion of the Economic and Social Committee ,
                                               4
In cooperation with the European Parliament ,
Whereas Article 118A of the EEC Treaty provides that the Council       shall issue
directives containing minimum requirements designed to encourage improvements ,
especially in the working environment , as regards the health and safety of
workers ;
Whereas Article 118A also recommends that Directives shall avoid imposing
administrative , financial and legal constraints which would hold back the
creation and development of SMUs ;
Whereas the Communication from the Commission on its programme concerning
                                      5
safety , hygiene and health at work provides for the adoption of directives
designed to guarantee the safety and health of workers ;
Whereas the Council Resolution of 21 December 1987^ concerning safety ,
hygiene and health at the workplace noted the Commission 's intention to
present to it in the near future minimum requirements concerning the safety
and health of workers at work ;
    Council Decisión 74 / 325 / EEC of 27.6.1974
    COM ( 87 ) 520 and Council Resolution 88 /C 28 /01 of 21.12.1987 , OJ C28 of
    3.2.1988
6 88/C28 /01 , 0J C 28 of 3.2.1988
 ---pagebreak--- Whereas it is incumbent on Member States to ensure the safety and health of
persons , in particular workers , within their national territory ;
Whereas the completion of the internal market^ entails the drawing up of
directives based on Article 100A , in accordance with the new approach to
                                    8
harmonization and standardization , making compliance with essential safety
requirements for the design , manufacture or construction of products a
condition for their sale and free movement throughout the Community and in
view of the fact that some of these products have an effect on workplaces ;
Whereas the Member States have very different systems of legislation on safety
and health at work ; whereas national provisions on the subject , which often
include technical specifications and / or self-regulatory standards , may result
in different levels of safety and health protection and distort competition ;
Whereas compliance with the minimum requirements for health and safety at work
is essential to ensure the safety and health of workers and to promote fair
competition ;
Whereas the minimum requirements for the workplace are basically expressed in
terms of intended results ; whereas , in implementation of the new approach to
technical harmonization and standardization^, it is desirable to have
technical reports which provide technical details of the aforesaid minimum
requirements and give grounds for presumption of compliance with those minimum
requirements and for the aforesaid technical reports to be supplemented in
some cases by references to measurement methods covered by harmonized
standards ;
  White paper - COM 85 ( 310 ) final
  Council Resolution 85 /C 136 / 01 of 7.5.1985 - OJ C 136 of 4.6.85
 ---pagebreak--- Whereas , pending the adoption of technical reports within the meaning of this
Directive , it is advisable to facilitate compliance with the minimum
requirements by agreeing to continue using national provisions in the interim
combined with a Community monitoring procedure to ensure that the national
provisions correspond to the minimum requirements laid down by this Directive ;
whereas , for this purpose , the Committee is the most appropriate body to
assist the Commission in the monitoring at Community level of compliance with
the national provisions ;
Whereas this Directive is designed to protect the safety and health of workers
by laying down essential minimum requirements , without impeding the retention
or institution by each Member State of specific measures for safer working
conditions ;
Whereas it is important to ensure adequate consultation with both sides of
industry , and in particular with workers' organizations , on the technical work
relating to this Directive ;
Whereas , as is widely practised in the Member States , it is advisable to let
manufacturers be responsible for complying with the minimum requirements for
the design , construction and organization of the workplace or elements thereof ;
Whereas it is important to encourage cooperation between management and labour
with regard to decision making and measures concerned with the protection of
safety and health at the workplace , at all levels ;
Whereas there is a need for a committee to assist the Commission in
implementing supplementary measures provided for by the Directive ;
                                                                               ro-
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE :
                                       S U B J E C T
                                         Article 1
1.     This Directive , which is an individual Directive within the meaning of
       Article 13 of Directive . ( 1 ), lays down minimum requirements for
       safety and health at work , as defined in Article 2 .
2.     This Directive does not apply to :
       - means of transport ;
       - temporary or mobile work sites .
3.     This Directive does not impede the retention or institution by each Member
       State of more stringent protection measures for working conditions
       compatible with the Treaty .
                                   DEFINITIONS
                                         Article 2
For the purposes of this Directive , the following terms have the meanings
hereby assigned to them :
-      workplace :
       any fixed place intended to house permanent workstations on the premises
       or at the site of the undertaking and / or establishment , including any room
       or place accessible to a worker ;
-      undertaking and / or establishment :
       a public- or private-sector establishment engaged in industrial ,
       agricultural , commercial , administrative , service , educational or cultural
       activities ;
-      worker :
       a person doing work of any sort , including students undergoing training
       and apprentices .
                                        WORKPLACES
 ( 1 ) ...
                                                                                  11 *
 ---pagebreak---                                         Article 3
1.  The Member States shall take all useful measures to ensure that the
    workplaces referred to in Article 1 , when used as intended and properly
    maintained , cannot adversely affect the safety and health of workers or of
    other persons present .
2.  The Member States shall carry out any necessary checks in accordance with
    paragraph 1 .
                                        Article 4
Workplaces designed , constructed , fitted out , commissioned or used after the
entry into force of this Directive must satisfy the minimum safety and health
requirements set out in Annex I.
                                        Artide 5
1.  The Member States shall presume that any workplaces designed , constructed ,
    fitted out or commissioned in accordance with the national provisions
    which take into account at least the technical reports for the minimum
    safety and health requirements , the references for which have been
    published in the Official Journal of the European Communities , comply with
    the minimum safety and health requirements referred to in Article 4 .
2.  The Member States shall forward to the Commission the texts of their draft
    and existing national measures which they regard as complying with the
    technical reports referred to in paragraph 1 , without prejudice to Council
    Directive 83 / 189 / EEC of 28 March 1983 laying down a procedure for the
    provision of information in the field of technical standards and
    regulations . The Commission shall immediately forward these texts to the
    other Member States . In accordance with the procedure provided for in
    Article 9 , paragraph 2 , it shall notify the Member States of the national
    measures which can enjoy presumption of compliance with the minimum safety
    and health requirements . The Commission shall publish the reference for
    such national measures in the Official Journal of the European Communities .
 ---pagebreak--- 3.  In the absence of the technical reports provided for in paragraph 1 , and
    as a temporary measure , the Member States shall communicate to the
    Commission the text of their draft and existing national measures which
    they regard as fulfilling the minimum safety and health requirements
    listed in Annex I , without prejudice to Council Directive 83 / 189 / EEC of
    28 March 1983 laying down a procedure for the provision of information in
    the field of technical standards and regulations . The Commission shall
    immediately forward these texts to the other Member States . In accordance
    with the procedure provided for in Article 9 , paragraph 2 , it shall notify
    the Member States of the measures which can enjoy presumption of
    compliance with the minimum safety and health requirements .    The
    Commission shall publish the references for such national measures in the
    Official Journal of the European Communities .
                                     Article 6
The Member States shall take any measures necessary to ensure that employers
apply the minimum safety and health requirements set out in Annex II in
existing and used workplaces at the latest five years after the entry into
force of this Directive , without prejudice to the national provisions on
safety and health at work in force when the Directive is adopted and the
relevant ergonomic principles .
                                     Article 7
When workplaces undergo modifications , extensions and / or conversions after the
entry into force of the Directive , the Member States shall ensure that the
employer takes any measures necessary , where this is reasonably practicable ,
to ensure that these modifications , extensions and / or conversions are in
compliance with the corresponding minimum safety and health requirements set
out in Annex I.
                                     Article 8
1.  The Member States shall take any measures necessary to ensure that
    employers use only workplaces which comply with this Directive . The
    employer shall ensure :
                                                                               \i .
 ---pagebreak---            that traffic routes to emergency exits and the exits themselves are
           kept clear for immediate use ,
          that the necessary technical maintenance of the workplace is carried
          out and that any faults found are rectified as quickly as possible .
          If the faults entail a serious and immediate risk and cannot be
          rectified immediately , work must be stopped ,
          that the workplace is cleaned to an adequate level of hygiene ,
          that the safety equipment intended to prevent or eliminate hazards is
          regularly maintained and checked .
2. Workers or their representati ves shall be consulted on health and safety
   aspects on the basis of Annex I and /or Annex II , as appropriate .
   If measures taken by the employer to ensure the safety of existing
   workplaces , in use or planned , are , in the opinion of the workers or their
   representatives , inadequate , they may request a visit by the authorities
   responsible for health and safety at the workplace .
                                       Artide 9
1. When a Member State or the Commission considers that the draft technical
   reports referred to in Article 5 do not satisfy the minimum requirements
   which apply to them , referred to in Article 4 , the Commission shall refer
   the matter to the Committee referred to in Article 10 , giving its reasons ,
   and shall , if necessary , consult the Advisory Committee for Safety ,
   Hygiene and Health Protection at Work set up by Council Decision
                                                                «
   74 / 325 / EEC hereinafter referred to as the tripartite Committee .
                                                                               |4 .
 ---pagebreak---    In the light of the Committee 's opinion , the Commission shall publish the
   reference for the technical report or request an amendment to the draft .
2. Once it has received the Communications referred to in Article 5 ,
   paragraphs 2 and 3 , the Commission shall consult the Committee and if
   necessary , the tripartite Committee . In the light of the Committee 's
   opinion , the Commission shall , inform the Member States within three months
   whether or not the national measure in question can enjoy presumption of
   compliance with the minimum requirements and be published in the Official
   Journal of the European Communities .
   If the Commission or a Member State considers that a national provision no
   longer fulfils the conditions necessary for it to enjoy presumption of
   compliance with the minimum safety and health requirements set out in
   Article 4 , the Commission shall consult the Committee and , if necessary ,
   the tripartite Committee . In the light of the Committee 's opinion , it
   shall inform the Member States whether or not the provision in question
   shall continue to enjoy presumption of compliance , and , if not , whether it
   shall be withdrawn from the publication referred to in Article 5 ,
   paragraph 1 .
                             CHANGES TO THE ANNEXES
                                     Article 10
1. The Commission shall make changes to the annexes to this Directive as a
   result of :
   –    the adoption of Directives on technical harmonization and
        standardization of the design , manufacture or construction parts of
        workplaces ;
   -    technical progress , changes in international regulations or
        specifications and know-how in the field of workplaces .
2. In making the changes referred to in paragraph 1 , the Commission shall be
   assisted by a committee and shall follow the procedure set out in Article
   14 of Directive .
                                                                             IS.
 ---pagebreak---                                  FINAL PROVISIONS
                                    Article 11
1.  The Member States shall bring into force the laws , regulations and
    administrative provisions necessary to comply with this Directive by
    1 January 1991 at the latest . They shall immediately notify the
    Commission .
2.  The Member States shall forward to the Commission the text of the national
    provisions which they are adopting in the field governed by this Directive .
3.  At two-yearly intervals , the Member States shall report to the Commission
    on the practical implementation at the workplace of the provisions of this
    Directive , indicating the opinions of the two sides of industry .  The
    Commission shall inform the Committee and tripartite Committee .
                                    Article 12
This Directive is addressed to the Member States .
Done at Brussels ,
                                                       By the Council ,
                                                       President
 ---pagebreak---                                                        ANNEX       I
                     Minimum requirements for the workplaces
                             referred to in Article 4
1, Preliminary remark
   The minimal health and safety requirements shall only apply where the
   workplace is subject to the risk in question .
2. Minimum health and safety requirements for workplaces
   2.0  Structure and stability
        Buildings housing workplaces shall have the structure and stability
        appropriate to the type of use .
   2.1  Electrical installations
        Electrical installations shall be designed and constructed in such a
        way that they do not present a fire or explosion hazard ; persons must
        be adequately protected against the risk of accidents caused by
        direct or indirect contact .
        The design , construction , choice of material and protection devices
        shall be appropriate to the voltage , external conditions and the
        competence of persons with access to parts of the installation .
   2.2  Emergency exits
        The emergency exits shall lead as directly as possible to the open
        air or a safe area .
 ---pagebreak---     2.2.1  In the event of danger , it must be possible for workers to
           evacuate all workstations quickly and in complete safety .
    2.2.2  The number , distribution and dimensions of the emergency exits
           shall depend on the use , equipment and surface area of the
           workplaces and the maximum number of persons that may be
           present .
    2.2.3  Emergency exit doors shall be easy to open and shall open
           outwards ; sliding doors and revolving doors shall not be
           permitted unless there are sufficient of them .
    2.2.4  Emergency exits shall be marked by signs in accordance with
           the national regulations implementing Directive 77 / 756 / EEC ;
           the signs shall be permanent and shall be placed at
           appropriate points .
2.3 Fire detection and fire fighting
    2.3.1  Depending on the dimensions , height , use and equipment of the
           buildings and on the maximum potential number of people
           present , the workplaces shall be equipped with fire detectors ,
           suitably distributed , an alarm system and appropriate
           automatic and /or manual fire-fighting equipment .
    2.3.2  Non-automatic fire-fighting equipment shall be marked by signs
           in accordance with the national regulations implementing
           Directive 77 / 756 / EEC . Such signs shall be permanent and
           placed at appropriate points .
 ---pagebreak--- 2.4 Ventilation of enclosed workplaces ( rooms )
    The air in enclosed rooms shall be naturally or artificially renewed
    so that workers have a sufficient supply of air of an adequate
    quality , having regard to the work they are carrying out .
2.5 Room temperatures
    2.5.1   During working hours , the air temperature in rooms comprising
            the workplaces shall be comfortable , having regard to the
            nature of the work carried out and the physical effort
            required of the workers .
    2.5.2  The temperature in rest areas , rooms for duty staff , sanitary
            facilities , canteens and first aid rooms shall be appropriate
           to the purpose of these areas .
    2.5.3  Climate control installations shall not blow or radiate onto
           workstations in such a way that workers are exposed to
           draughts or dangerous temperatures .
    2.5.4  Windows , skylights and glass partitions shall be such as to
            prevent excessive insolation .
2.6 Natural and artificial room lighting
    2.6.1   Rooms shall as far as possible receive sufficient daylight and
           be equipped with adequate sufficient artificial lighting .
    2.6.2   Rooms in which workers may be exposed to risks in the event of
           failure of artificial lighting must be provided with adequate
            emergency lighting .
                                                                           IV
 ---pagebreak--- 2.7 Floors , walls and ceilings of rooms
    2.7.1   The floors of workplaces shall be level , with no unevenness ,
            holes or dangerous slopes , they shall be fixed , stable and
            non--slip and it shall be possible to clean them to appropriate
            hygienic requirements in accordance with the purpose for which
            the rooms are used .
    2.7.2   The surfaces of walls and ceilings in rooms shall be such that
            they can be cleaned or refurbished to appropriate hygienic
            requirements .
    2.7.3   Transparent or translucent walls , in particular all-glass
            partitions , in rooms or in the vicinity of workstations and
            traffic routes shall be made of safety material or be shielded
            from workstations or traffic routes to prevent workers from
            coming into contact with walls or from being injured should
            the walls shatter .
2.8 Windows and skylights
    2.8.1   Workers shall be able to open , close , adjust and secure
            windows , skylights and ventilation installations in complete
            safety . When open , they should not be so positioned as to
            constitute a hazard to workers . Unopenable windows shall not
            be permitted , unless the work requires it and there is
            adequate ventilation and artificial lighting .
    2.8.2 Windows and skylights must be designed , or equipped to allow
            them to be cleaned without risk to the workers carrying out
            this work or to workers present in and around the building .
 ---pagebreak--- 2.9 Doors , gates and automatic doors
    2.9.1   The position , number and dimensions of doors and gates shall
            be determined by the nature and use of the rooms or areas .
    2.9.2   Swing doors shall be transparent or have see-through panels .
    2.9.3   If transparent or translucent surfaces in doors and gates are
            not made of unbreakable material and if there is a danger that
            workers may be injured if a door should shatter , the surfaces
            shall be protected against breakage .
    2.9.4   Sliding doors shall be fitted with a mechanism to secure them
            from being lifted off their mountings and falling out .
    2.9.5   Doors and gates opening upwards shall be fitted with a
            mechanism to secure them against falling back .
    2.9.6   Doors along escape routes shall be appropriately marked . It
            shall be possible to open them from the inside without the use
            of any special aid throughout the period that the workplaces
            are occupied . They shall open outwards .
    2.9.7   Doors for pedestrians shall be provided in the immediate
            vicinity of any gates intended essentially for vehicle traffic .
    2.9.8   Mechanical doors and gates shall function in such a way that
            there is no risk of accident to workers . They shall be fitted
            with easily identifiable and accessible emergency shut-down
            devices and it shall be possible to open them by hand .
 ---pagebreak--- 2.10 Traffic routes - dangerous areas
     2.10.1 Traffic routes , including stairs , fixed ladders and loading
            ramps , shall be located and dimensioned to ensure easy , safe
            and appropriate access for pedestrians or vehicles in such a
            way as not to endanger workers employed in the vicinity of
            these traffic routes .
     2.10.2 Routes used for pedestrian traffic and /or goods traffic shall
            be dimensioned in accordance with the number of potential
            users and the type of undertaking . If means of transport are
            used on traffic routes , a sufficient safety clearance shall be
            provided for pedestrians .
     2.10.3 Sufficient clearance shall be allowed between vehicle traffic
            routes and doors , gates , passages for pedestrians , corridors
            and stairs .
     2.10.4 Where the use and equipment of rooms so requires for the
            protection of workers , traffic routes in workrooms and
            storerooms shall be identified .
     2.10.5 If the workplaces contain areas in which , due to the nature of
            the work , there is a risk of the worker or objects falling ,
            these places shall be equipped , as far as possible , with
            devices preventing workers entering such areas .
                                                                            Zi.
 ---pagebreak--- 2.11 Spécifie measures for escalators and travolators
     Escalators and travolators shall function in such a way that there is
     no risk of accidents to workers . They shall be fitted with easily
     identifiable and accessible emergency shut-down devices .
2.12 Loading ramps
     2.12.1  Loading ramps shall be wide enough for the dimensions of the
             loads to be transported .
     2.12.2  Loading ramps shall have at least one alighting point .  Where
             technically feasible , ramps over a certain length shall have
             an alighting point at each end .
2.13 Room dimensions and air space in rooms , and freedom of movement at the
     workstation
     2.13.1  Workrooms shall have a sufficient surface area , height and
             minimum air space .
     2.13.2  The dimensions of the free unoccupied area at the workstation
             shall be calculated to allow workers sufficient freedom of
             movement to perform their work . If this is not possible due
             to reasons specific to the undertaking , the worker shall be
             provided with sufficient freedom of movement near his
             workstation .
2.14 Rest rooms
     2.14.1  In undertakings with more than a certain number of employees
             or where the health of workers or type of activity carried out
             demand it , workers shall be provided with an easily accessible
             rest room . This shall not apply if the workers are employed
             in offices or similar workrooms providing equivalent
             relaxation during breaks .
 ---pagebreak---      2.14.2   Rest rooms shall be large enough and equipped with an adequate
              number of tables and chairs for the number of workers .
     2.14.3   Appropriate measures for the protection of non-smokers shall
              be taken in staff rest rooms .
     2.14.4   If working hours are regularly and frequently interrupted and
              there is no rest room , rooms shall be provided in which
              workers can stay during such interruptions . Appropriate
              measures shall be taken for the protection of non-smokers .
2.15 Sanitary equipment
     2.15.1   Changing rooms and lockers
     2.15.1.1   Separate changing rooms shall be provided for men and women
                if they have to wear special work clothes and where , for
                reasons of health and propriety , they cannot be expected to
                change in another room .
     2.15.1.2   In undertakings where workers are exposed to high
                temperatures in the course of their work , the changing rooms
                shall be in the vicinity of their workstations .
     2.15.1.3   Changing rooms shall be sufficiently large and have
                facilities to enable each worker to lock away his clothes
                during working hours .
 ---pagebreak---                 If the circumstances demand it ( dangerous substances ,
                humidity , dirt ), lockers for work clothes shall be separate
                from those for ordinary clothes .
     2.15.1.4   If changing rooms are not required under paragraph 2.15.1.1 ,
                each worker shall be provided with a place to store his
                clothes .
     2.15.2   Washrooms and washbasins
     2.15.2.1   Washrooms shall be provided for workers if required by the
                nature of the work or for health reasons .   Separate
                washrooms shall be provided for men and women .
     2.15.2.2   The washrooms shall be sufficiently large and equipped with
                facilities ( including warm water if necessary ) to permit
                each worker to wash in conditions of an appropriate standard
                of hygiene .
     2.15.2.3   Where washrooms are not required under paragraph 2.15.2.1 ,
                washbasins with running water ( warm if necessary ) shall be
                provided in the vicinity of the workstations .
     2.15.3   Toilets and washbasins
              Separate facilities shall be provided in the vicinity of
              workstations with an adequate number of toilets and washbasins .
2.16 First-aid installations
     2.16.1   Where there is a high risk of accidents or where there is a
              large workforce , a first-aid room shall be provided .
 ---pagebreak---      2.16.2   Such rooms shall be appropriately equipped , easily accessible
              and be marked in accordance with the national regulations
              implementing Directive 77/ 755/ EEC . These signs shall be
              permanent and placed at appropriate points .
2.17 Handicapped persons
     Workplaces shall be organized to take into account handicapped
     workers , if necessary .
2.18 Outdoor workplaces ( special provisions )
     2.18.1   Workstations , traffic routes and other areas or installations
              outdoors which are used by the workers in the course of their
              activity shall be so designed that there is no danger to
              pedestrians and vehicles .
              Articles 12 , 15 and 16 shall also apply to main traffic routes
              on the site of the undertaking ( traffic routes leading to
              fixed workstations , to traffic routes used for the regular
              maintenance and supervision of the undertaking 's installation
              and to loading ramps ).
              The provisions of 2.10 are also applicable to outdoor
              workplaces .
     2.18.2 Workplaces outdoors shall be adequately lit by artificial
               lighting if daylight is not adequate .
     2.18.3   When workers are employed at workstations outdoors , such
              workstations shall as far as possible be equipped so that
              workers are protected against inclement weather conditions .
 ---pagebreak---                                                         ANNEX        II
                  Minimum requirements for workplaces referred
                                  to in Article 6
The requirements set out in this Annex only apply where the workplace is
subject to the risk in question .
1.  Buildings containing workplaces shall be structurally sound and possess a
    stability appropriate to the nature of their use .
2.  Escape routes and emergency exists shall follow the shortest possible
    route to the outside or a safe area . In the event of danger , it shall be
    possible to evacuate all workplaces quickly and safely ; there shall be an
    adequate number of escape routes and emergency exists .
    Emergency exit doors shall be easy to open and shall open outwards ;
    sliding or rotating doors shall not be permitted .
    Escape routes and emergency exists shall be marked in accordance with the
    national regulations implementing Directive 77/ 756 / EEC . They shall be
    permanently marked at appropriate points .
3.  Workplaces shall be equipped with suitable first-aid and fire-fighting
    equipment . The location of this equipment shall be adequately marked at
    appropriate points .
4.  If the workplaces contain hazardous areas , due to the nature of the work ,
    or involve the risk of workers falling or of falling objects , these
    workplaces shall be equipped , as far as possible , with devices preventing
    workers from entering such areas .
 ---pagebreak--- 5. Rooms in which workers would be exposed to particular risks if the
   artificial lighting were to fail , and all emergency exits and traffic
   routes , shall have emergency lighting which provides sufficient
   i 1 lumination .
6. Swing doors shall be transparent or have see-through panels .
7. Workplaces shall be organized in such a way that pedestrians and vehicles
   can circulate without danger .
8. Workplaces shall be organized in such a way that workers have separate
   rooms in the vicinity of their workstations equipped with an adequate
   number of toilets and washbasins ( cubicles ).
9. Appropriate measures for the protection of non-smokers shall be taken in
   staff rest rooms .
                                                                             2?-
 ---pagebreak---                                   FINANCIAL RECORD SHEET
1.    Budget item concerned
      B 6482 : Health protection , hygiene and safety at work .
      A 2510 : Compulsory committees .               1
      A 2513 : Advisory Committee on Safety , Hygiene and Health Protection at
      Work .
2.    Legal bases
      a)     Article 118A of the EEC Treaty .
      b)     Commission Communication on its programme concerning safety , hygiene
             and health at work ( COM ( 87 ) 520 - Council Resolution 88 /C28 /01 of
             21.12.1987 , OJ C 28 of 3.2.1988 ).
      c)     Commission White Paper on the completion of the internal market ( COM
             85 ( 310 ) final ).
      d)     Council Resolution of 7.5.1985 ( OJ C 136 of 4.6.1985 ) concerning the
             new approach .
3.    Proposed classification into compulsory / non-compulsory expenditure
 .    Non-compu 1 sory .
4.    Description and justification of the action
4.1 .        Description
4.1.1 .      Objectives of the proposed Directive
                   The proposed Directive has the following aims :
             -to gradually improve workplaces insofar as the safety and health of
             -workers are concerned
             -within the context of the creation of the internal market , to ensure
                   that there is harmonization of the minimum health and safety
                   conditions required at all workplaces .
 ---pagebreak--- 4.1.2 . Characteristics of the proposed Directive ( with particular reference to
         - those with financial implications ).
4.1.2 . 1 . The proposed Directive and , in particular , its annexes may be adapted
              and supplemented in order :
              -- to define more closely or amplify aspects of the safety and health
                 of workers in respect of workplaces
              - to add a " social element " to the directives of the " technical
                 harmonization - internal market " type which relate to the safety
                 and health of workers in that they cover workplaces , without having
                 to draw up a complete new directive on social aspects in each case .
              The proposal contains minimum requirements which must be specified in
              technical terms by means of harmonized Community standards .
              In accordance with the Council Resolution of 7 May 1985 ,
              standardization work is not the responsibility of the Commission but
              of the European standardization organizations . The Commission
              Communication referred to in 2.b provides for trade union
              participation in this work .
4 . 1.2.2 . The proposal stipulates that the Member States shall forward to the
              Commission their relevant national implementing legislation as well
              as reports on implementation .
4 . 1.2 . 3 . The proposal also makes provision for the creation of a committee to
              assist the Commission in supplementary and management work in this
              area .
4.2 .     Justification
          The action is justified by the legal basis given in point 2 . The
          financial implications will be associated with the additional activities
          to be undertaken in the future ( see point 4.1 .) and are set out in point
          5.
5.    Nature of the expenditure and method of calculation
5.1 .     Nature of the additional activitities to be undertaken following the
          adoption of the Directive :
          a ) preparation of technical reports and harmonized standards at
              Community level
          b ) monitoring of the implementation of the Directive in the individual
              Member States
          c ) revision of the annexes and the addition of new annexes
          d ) consultations with experts
          e ) the running of an adaptation committee
 ---pagebreak---         f ) consultations with the Advisory Committee on Safety , Hygiene and
            Health Protection at Work .
5-2 .   Types of activity resulting from 5.1 . with financial implications .
        These are :
        - " standardization " contracts ( technical reports ).
           These are modelled on the outline contract of 10 October 1985 between
           the Commission and CEN /CENEL.EC and are intended to assist trade union
           organizations ;
        - study and / or service contracts for
           . the comparison and appraisal of the information received by the
             Commission
           . the study of the problems associated with the implementation of the
             Directive
           . the study of the problems associated with the annexes and the
             preparation of new annexes to be added to the Directive ;
        - costs of consultation meetings with experts
        - costs of running the adaptation committee
        - costs of consultations with the Advisory Committee on Safety , Hygiene
           and Health Protection at Work .
5.3 .   Calculation of expenditure
        As only the nature and type of the additional activities are known with
        no indication of their scale or number , it is impossible to make a
        precise estimate of the expenditure .
        The funding provided for the contractual standardization work will be
        based on the work assigned to each contractor .
        It will include the costs incurred by the central units of the European
        standardization organizations in organizing the standardization
        programmes assigned to them as well as a contribution to the costs
        incurred by the committees and technical groups in carrying out these
        programmes . Costs may also include those incurred by experts appointed
        to carry out specific tasks in this area .
        Costs are calculated on the basis of the " man/month " unit ; at present ,
        one unit is equivalent to 5 000 ECU .
        The funding provided for trade union participation will depend on the
        number of European standards being prepared and on the scale of the work .
        The expenditure will be spread over several years and will be
        progressive . The figures given in 6.1 . are approximate estimates .
        The work involved in drawing up harmonized standards will undoubtedly
        extend beyond the first five years .
6.    Financial impact of the action on intervention appropriations
 ---pagebreak--- 6.1 .  Schedule of commitment appropriations and payment appropriations :
Item B 6482 :
                                              CA ( ECU )        PA ( ECU )
1988                                           200  000          200  000
1989                                           900  000          900  000
1990                                         1 000  000        1 000  000
1991                                         1 200  000        1 200  000
1992                                         1 400  000        1 400  000
             Total                           4 700 000         4 700 000
Item A 2510 :
1988
1989                                             20  000           20  000
1990                                             35  000           35  000
1991                                             40  000           40  000
1992                                             40  000           40  000
             Total                              135 000           135 000
Item A 2531 :
1988
1989                                             10  000           10  000
1990                                             10  000           10  000
1991                                             10  000           10  000
1992                                             10  000           10  000
             Total                               40 000            40 000
6.2 . Percentage of Community funding in the total cost of the action
      Since the bodies inuolued in standardization work normally bear their own
      costs , the Community contribution to the financing of the standardization
      projects ( technical reports ) should not exceed 50% of the overall costs .
      However , it should be noted that the Community contribution will be
      reduced if the EFTA countries decide to take part in this standardization
      work .
      The Community contribution to the financing of trade union participation
      in the standardization projects ( technical reports ) should cover most of
      the costs incurred .
      For the other work provided for in the proposed Directive , the Commission
      will provide 100% funding .
                                                                              12 .
 ---pagebreak--- 7.  Remarks
    l\lone .
8 . Financial impact on staff appropriations
8.1 . Personnel needed solely for the action itself
        As from 1989 , one full-time A official , one full-time B official and one
        full-time C official will be needed .
       These resources will have to be found either by redeployment of staff
        within DG V or through the budgetary procedure .
8.2 . Appropriations needed for staff
       The estimated appropriations needed as from 1989 are 240 000 ECU per year .
 ---pagebreak---                                       Impact on
                           competitiveness and employment
Proposal for a Council Directive concerning the minimum safety and health
requirements for the workplace ( first individual Directive within the meaning
of Article 13 of Directive . )
1.  The main aim of the proposal for a Council Directive is to protect the
    safety and health of workers through the proper layout of workplaces .
2.  The proposed Council Directive applies to all undertakings within the
    Community , with the exception of those in specific activities and
    sectors .  All SMEs are therefore included .
3.  The national provisions introduced pursuant to this Directive will impose
    a number of obligations on undertakings . After the entry into force of
    this Directive , the design , construction , fitting out and commissioning of
    workplaces will have to take account of the Directive 's technical
    provisions . The technical reports drawn up by CEI\I /CEI\IELEC , on which these
    technical provisions are based , shall be submitted to the Commission for
    approval . An additional period will be allowed to enable existing
    workplaces to comply with certain of the Directive 's provisions .
    To comply with this Directive , employers will have to ensure that their
    workplaces satisfy the requirements set out in the compulsory annex . A
    large majority of these requirements have already been implemented in most
    of the Member States .
    The concept of "where reasonably practicable " takes account of social and
    economic factors .
                                                                                   3f
 ---pagebreak---                                            2
4. The proposal provides that the Member States shall take appropriate
   measures , indicated in broad outline , to ensure that workplaces are
   designed and fitted out in such a way as to ensure the protection of the
   health and safety of workers . Undertakings will have to examine their
   workplaces accordingly and take the necessary measures to make them safer .
   This should lead to a reduction in occupational accidents and illnesses .
5. Although the proposal does not impose any particular constraints on SMUs
   compared with larger undertakings , SMUs could find themselves at a
   disadvantage if the Member States apply the various elements of the
   proposal to the letter .
   This is why certain requirements may be modulated to take account of the
   size and activity of the undertaking and the safety and health risks
   involved for the workers .
   The concept " where reasonably practicable " takes account of socio-economic
   factors .
   By introducing minimum safety and health requirements for existing and
   future workplaces , the proposal will entail additional expenditure which
   will probably affect the SMEs more than other undertakings . However , by
   improving safety and health , as well as working conditions , these
   requirements should have a positive financial impact on the SMEs .
6. Improved safety and health at work should make undertakings more efficient
   by making them more competitive without adversely affecting employment .
   The measures taken in compliance with this Directive will benefit
   employers because they will lead to a reduction in the number of working
   days lost .
7. The proposal was the subject of detailed consultation with the Advisory
   Comittee for Safety , Hygiene and Health Protection at Work ( set up by
   Council Decision No 74 / 325 / EEC of 27.4.1974 - OJ L185 of 9.7.1974 ), which
   gave an opinion taken into account in the drafting of the proposal . This
   Committee has a tripartite membership and the different interests of
   employers are represented .
                                                                                  35 .
 ---pagebreak--- In view of the importance which the Commission attaches to introducing a
social element into the completion of the internal market , this proposal
for a Directive was drawn up as a matter of urgency by the Commission
after it had forwarded , on 23 October 1987 , its working plan in the field
of safety , hygiene and health at the workplace .  To lessen the financial
impact of the Directive , Article 6 provides for an additional period of
five years after the entry into force of the Directive , scheduled for 1
January 1990 , for bringing existing workplaces into conformity with the
Directive .