CELEX: 51988PC0077
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for work with visual display units (fourth individual Directive within the meaning of Article 13 of Directive...) (1) (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(88 ) 77 final
                                                          Brusqels , 7 March 1988
                                 Proposai for a
                               COUNCIL DIRECTIVE
    concerning the minimum safety and health requirements for work
                           with visual display units
     ( fourth individual Directive within the meaning of Article 13
                             of Directive ...) ( 1 )
                        ( presented by the Commission )
   (1 ) C0M(88) 73 final
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 ---pagebreak---                                  EXPLANATORY MEMORANDUM
 1.   Legal basis
The proposal is based on Article 118A of the EEC Treaty .
It falls within the ambit of the Commission 's Communication on its programme
concerning safety , hygiene and health at work ( 1 ).
2.    Aims
The main aims of the proposai are :
      to improve the safety and health of workers at VDU workstations ;
-     to provide a " social element " with regard to the internal market .
In drawing up this proposal the Commission has taken account of the specific
nature of small and mediunv-sized undertakings . 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 .
3.    The proposal in relation to national laws and regulations
Most Member States of the European Communities have introduced regulations or
issued practical guidelines concerning the design and fitting-out of VDU
workstations and the use of VDU equipment .
( 1 ) COM ( 87 ) 520 - Council Resolution 88 /C2.8 /01 of 21.12.1987 , OJ C 28 of
      3.2.1988
                                                                                  <L
 ---pagebreak--- 4 . Characteri stics of the proposai
As provided for in Article 118A of the EEC Treaty , the proposal sets out
minimum requirements .
The increasing use of VDUs and new office-automation technology has affected
the working conditions of many workers in the Community . The proposal gives
guidelines concerning the characteri sties of the equipment to be used ,
workstation design and organization of working time in order to optimize
working conditions from the point of view of safety and health .
The establishment of high ergonomic standards in Europe for all equipment used
at VDU workstations will be encouraged in order to ensure greater protection
of the safety and health of workers .
5 . Consultation of parties concerned
Detailed consultations have been held on the proposal , and an opinion has been
given by the Advisory Committee on Safety , Hygiene and Health Protection at
Work ( Committee established by Council Decision 74 / 325 / EEC of 27.6.1974 - OJ L
185 of 9.7.1974 ). The Committee 's opinion was taken into account in the
drafting of the proposal .
6 . Content of the individual articles
-   Article 1 indicates the object of the Directive .
-   Article 2 gives definitions .
-   Article 3 defines the general obligation imposed on Member States .
-   Article 4 establishes the general obligations imposed on the employer .
-   Article 5 deals with the minimum requirements for new workstations .
    Article 6 deals with the requirements for existing workstations .
 ---pagebreak--- - Article 7 specifies the obligations with regard to the training of workers .
- Article 8 deals with the information to be given to workers .
- Article 9 relates to ophthalmological examinations .
- Article 10 provides for adaptation of the Annex and the setting-up of a
  committee for this purpose .
- Articles 11 and 12 contain the final provisions .
                                                                               H-
 ---pagebreak---                              Proposal for a Council Directive
                  concerning the minimum safety and health requirements
           for work with visual display units ( fourth individual Directive
                within the meaning of Article 13 of Directive . ) ( 1 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 118A thereof ,
Having regard to the Commission proposal ( 1 ) drawn up after consultation with
the Advisory Committee on Safety , Hygiene and Health Protection at Work ( 2 ),
In cooperation with the European Parliament ( 3 ),
Having regard to the opinion of the Economic and Social Committee ( 4 ),
Whereas Article 118A of the Treaty provides that the Council shall adopt , by
means of directives , minimum requirements for encouraging improvements as
regards the health and safety of workers , especially in the working
environment ;
Whereas Article 118A also recommends that Directives shall avoid imposing
administrative , financial and legal constraints which would hold back the
creation and development of small and medium-sized undertakings ;
Whereas the Communication from the Commission on its programme concerning
safety , hygiene and health at work ( 5 ) provides for the adoption of directives
designed to guarantee the safety and health of workers ;
(D 0J .
( 2 ) Council Decisión 74 / 325 / EEC of 27.6.1974
( 3 ) OJ .
( 4 ) OJ .
( 5 ) COM ( 87 ) 520 final - Council Resolution 88 /C28 /01 of 21.12.1987 , OJ C 28
      of 3.2.1988
                                                                                    5
 ---pagebreak--- Whereas Member States have a responsibility to ensure the safety and health of
persons on their territory , and of workers in particular ;
Whereas Member States' legislative systems differ widely with regard to the
prevention of risks relating to work with visual display units ( VDUs );
Whereas Council Directive 83 / 189 / EEC of 28 March 1983 lays down a procedure
for the provision of information in the field of technical standards and
regulations ( 6 );
Whereas , in order to achieve the maximum degree of protection which is
reasonably practicable , it is essential that workers and their representatives
be informed of the risks to their safety and health and of the measures
required to reduce or eliminate these risks , and be allowed to verify that the
necessary protective measures have indeed been taken ;
Whereas employers must keep abreast of technological progress in order to
provide optimum safety and health protection for their workers ;
Whereas the requirements for work with VDUs are essentially expressed in terms
of the desired results ;
Whereas under the new approach to technical harmonization and standards ( 7 ) it
 is desirable to have access to technical reports detailing certain technical
specifications ;
Whereas a committee composed of members nominated by the Member States needs
to be set up to assist the Commission in implementing the supplementary
measures provided for by the Directive ;
 ( 6 ) OJ L 109 of 26.4.1983 , p. 8
 ( 7 ) Council Resolution of 7.5.1985 (OJ C 136 of 4.6.1985 )
                                                                                 C
 ---pagebreak--- HAS ADOPTED THIS DIRECTIVE
                                        Article 1
1 . This Directive , which is an individual Directive within the meaning of
    Article 13 of Directive . . . , lays down minimum safety and health
    requirements for work with visual display units ( VDUs ) as defined in
    Article 2 .
2 . This Directive shall apply to all workstations equipped with a VDU .
    It shall not apply to drivers' cabs or control cabs for vehicles or
    machinery , nor to onboard computer systems .
                                        Article 2
For the purposes of this Directive , the following terms have the meaning
hereby assigned to them :
Visual display unit :   an alphanumeric screen , regardless of the display
                         process employed .
Workstation :           the assembly comprising the display screen , keyboard ,
                         peripherals including the printer , the manuscript
                        containing the data , the work chair , the work desk ,
                        and the immediate work environment .
Worker :                any person using a VDU .
 ---pagebreak---                                        Article 3
1 . Member States shall take all necessary measures to ensure that VDU work
    cannot compromise the safety or health of workers .
2 . Member States shall ensure that the necessary checks pursuant to paragraph
    1 are carried out .
                                       Article 4
1 . Employers shall be obliged to perform an analysis of workstations in order
    to evaluate the safety and health risks to workers .
2 . They shall , where necessary , take appropriate remedial measures in the
    light of the risks found .
                                       Article 5
Workstations put into service two years after the entry into force of this
Directive shall take into account at least the minimum requirements laid down
in the Annex to this Directive .
                                       Article 6
Existing workstations not covered by Article 5 shall be adapted , insofar as is
reasonably possible , to comply with the minimum requirements laid down in the
Annex to this Directive .
 ---pagebreak---                                       Article 7
1 . Every worker involved in VDU work shall receive adequate training before
    commencing this type of work and at regular intervals thereafter .
2 . Workers shall receive information on all aspects of health and safety
    relating to their workstation , including the possible effects on their eyes
    and physical or mental problems .
                                      Article 8
Workers or their representatives shall be consulted by the employer on the
measures taken pursuant to this Directive which concern them directly , and in
particular on the measures taken pursuant to Article 6 .
                                      Article 9
Workers shall have an appropriate ophthalmological examination prior to
commencing VDU work and if they report visual discomforts which may be
connected with the work .
The worker shall be provided with special glasses tested for the work
concerned if an ophthalmological examination shows that they are required and
that glasses intended for normal purposes cannot be used .
 ---pagebreak---                                        Article 10
1 . The Commission shall adapt the Annex to this Directive to take account of
    technical progress and developments in regulations , giving priority to the
    European standards .
2 . For the purpose of making the adaptations referred to in paragraph 1 the
    Commission shall be assisted by a committee , following the procedure laid
    down in Article 14 of Directive ... ( 1 ).
                                       Article 11
1.  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 and shall forthwith inform the Commission
    thereof .
2.  Member States shall communicate to the Commission the texts of the
    provisions of national law which they adopt in the field covered by this
    Directive .
    Any technical regulations which Member States intend to adopt under this
    Directive shall be communicated to the Commission at the draft stage in
    accordance with the procedure laid down in Article 8 of 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 .
3.  Member States shall report to the Commission every two years on the
    practical implementation of the provisions of this Directive , indicating
    the points of view of employers and workers . The Commission shall inform
    the committee and the tripartite committee .
(1)                                                                              |o .
 ---pagebreak---                                    Article 12
This Directive is addressed to the Member States .
Done at Brussels ,
                                                   For the Council ,
                                                    The President
                                                                     /I-
 ---pagebreak---                                                              ANNEX
                  Minimum requirements concerning work with
                          visual display units ( VDUs )
1. DISPLAY SCREEN
   The characters on the screen shall be well-defined and clearly formed , of
   adequate size and with adequate spacing between the characters and
   lines . The image on the screen should be stable , with no flickering or
   other forms of instability .
   The brightness contrast between the characters and the background shall
   be easily adjustable by the operator .
   The screen shall , as far as reasonably practicable , be rotatable ,
   tiltable and movable to suit the needs of the operator .
2. KEYBOARD
   The keyboard shall be separate from the screen so as to allow the worker
   to find a suitable working position avoiding muscle fatigue in the arms
   and hands . The space around the keyboard shall be sufficient to provide
   support for the hands and arms of the operator .
   The keyboard shall have a matt surface to avoid reflective glare ;   the
   keys shall have low-reflectance surfaces and concave tops .
   The symbols on the keys shall be adequately contrasted .
 ---pagebreak--- 3 . WORK DESK
    The work desk shall have a sufficiently large , low-reflectance surface
    and allow a flexible arrangement of the screen , keyboard , documents and
    related equipment .
    The document holder shall be situated on the desk on the same level as
    the display screen to minimize the need for rapid head and eye movements .
    Adequate leg space is necessary .
4.  WORK CHAIR
    The work chair shall be stable but allow the worker easy freedom of
    movement .
    The seat height shall be adjustable , and all chairs shall have back rests
    adjustable in height and tilt . The possible need for a footrest shall be
    taken into account .
5.  LIGHTING
    Suitable ambient lighting is required so as to provide satisfactory
    working conditions and an appropriate contrast between the screen and the
    background environment .
    Lamps for secondary activities shall be provided where necessary ; they
    shall be adjustable but shall not cause glare or reflections on the
    screen .
6.  REFLECTIONS AND GLARE
    A VDU shall be positioned so that neither the screen nor the operator are
    facing a window . Windows shall be fitted with a suitable system of
    adjustable covering .
                                                                               IV
 ---pagebreak--- 7. NOISE
   The printer shall be placed where it does not distract attention or
   disturb speech .
8. HUMIDITY
   An adequate level of humidity shall be established and maintained .
9. OPERATOR / COMPUTER INTERFACE
   - The psycho-social factors applicable to work on screen and program
      writing ( software development ) shall be taken into account .
   -  The principles of software ergonomics shall be applied in particular
      to human data processing and decision-making capacities .
 ---pagebreak---                                 FINANCIAL RECORD SHEET
1. Budget item concerned
   A 2510 : Compulsory committees
   A 2513 : Advisory Committee on Safety , Hygiene and Health Protection at Work
   B 6482 : Health protection , hygiene and safety at work .
2. Legal basis
   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 ).
3. Proposed classification into compulsory / non-compulsory expenditure
   Non-compulsory .
4. Description and justification of the action
   4. 1   Description
   4.1.1       Objectives of the proposed Directive
               The proposed Directive is designed to improve the safety and
               health of the many workers engaged in VDU work .
   4.1.2       Characteristics of the proposed Directive ( with particular
               reference to those with financial implications )
   4 . 1.2.1   The proposal may be adapted and supplemented , particularly in
               Annexes , in order :
               - to define more closely or amplify aspects concerning the
                   safety and health of workers in relation to VDU equipment .
               Parts of the proposal contain provisions which will have to be
               specified in technical terms by means of harmonized Community
               standards .
               In accordance with the Council Resolution of 7 May 1985 ,
                •i     i I       i.ifirk  nr, I I I'VI t *- nnn ! !•> i 1 i I ' / MP I *'1 ^ PI • nut' i <* i nn
 ---pagebreak---               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 .
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 .
Nature of the expenditure and method of calculation
5.1    Nature of the additional activities to be undertaken following the
       adoption of the Directive :
       a ) preparation of technical reports ( standards ) at Community level
       b ) monitoring of the implementation of the Directive in the
            individual Member States
       c ) revision of the Annex and the addition of new Annexes
       d ) consultations with experts
       e ) the running of the Adaptation Committee
       f ) consultations with the tripartite Advisory Committee .
5.2    Types of activity resulting from 5,1 with financial implications
       These are :
       - " standardization " contracts ( technical reports )
       - 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 practical
             implementation of the Directive
           . the study of the problems associated with the Annex and the
             preparation of new Annexes to be added to the Directive
       – costs of consultation meetings with experts
       - costs of running the Adaptation Committee and the tripartite
           Committee .
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
        ( technical reports ) will be based on the work assigned to each
        contractor .
 ---pagebreak---      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 such 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 ( technical reports ) being prepared and
     on the scale of the work .
     In any event , 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 standards ( technical reports ) will
     undoubtedly extend beyond the first five years .
financial impact of the action on intervention appropriations
6.1  Schedule of commitment appropriations and payment appropriations
     Item B 6482 :
                                CA ( ECU )           PA ( ECU )
     1988                        50  000              50   000
     1989                       150  000             150   000
     1990                       200  000             200   000
     1991                       200  000             200  000
     1992                       150 000              150   000
     Total                      750 000              750 000
     Item A 2510 :
                                CA ( ECU )           PA ( ECU )
      1988                          –                     –
     1989                        20  000              20   000
      1990                       40  000              40   000
     1991                        40  000              40   000
      1992                       40  000              40   000
     Total                      140 000              140 000
     Item A 2513 :
                                CA ( ECU )           PA ( ECU )
      1988                          –                     –
     1989                        10 000               10   000
      1990                       15 000                15  000
     1991                        15 000               15   000
      1992                       15 000               15   000
     Total                       55 000               55 000
 ---pagebreak---    6.2    Percentage of Community funding in the total cost of the action
          Since the bodies involved 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 1
          the overall costs .
          However , it should be noted that the Community contribution will be
          reduced if the EFTA countries decide to participate 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 .
          As regards the other work provided for in the proposed Directive the
          Commission will provide 100% funding .
7. Remarks
   None .
8. Financial impact on staff appropriations
   8.1    Personnel needed solely for the action itself
          As from 1989 , one half-time A-grade official , one half-time B-grade
          official and one half-time C-grade official will be needed .
          These resources will have to be found either by redeployment of staff
          within DG V or within the context of the budgetary procedure .
   8.2    Appropriations needed for staff
          The estimated appropriations needed as from 1989 are 120.000 ECU per
          year .
 ---pagebreak---                                 Assessment of impact
                          on competitiveness and employment
Proposal for a Council Directive concerning the minimum safety and health
requirements - for work with visual display units ( fourth individual Directive
within the meaning of Article 13 of Directive . )
1.  The main aim of the proposal is to protect the safety and health of
    workers by ensuring that VDU workstations are properly designed and fitted
    out .
2.  The proposal applies to all undertakings in the Community , including small
    and medium-sized undertakings .
3.  The national provisions introduced in implementation of this Directive
    will contain both guidelines and obligations for undertakings .
    Guidelines will apply to existing workstations , obligatory requirements to
    new workstations .
    The essential aim is to improve safety in undertakings , with consequent
    economic benefits for society as a whole .
 ---pagebreak--- 44 .. The proposal provides that Member States shall take appropriate measures
      to ensure that VDUs are used in such a way as to ensure protection of the
      health and safety of workers . Undertakings will have to analyse such
      equipment accordingly and take the necessary measures to make them safer .
      This should lead to a reduction in accidents and occupational diseases .
 5.   Although the proposal does not impose any particular constraints on small
      and medium-sized undertakings compared with larger undertakings , small and
      medium-sized undertakings could find themselves at a disadvantage if
      Member States apply the various elements of the proposal to the letter
      The proposal therefore provides that 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 .
 6.   Improved safety and health at work should make undertakings more efficient
       by increasing competitiveness without adversely affecting employment .
      The measures provided for in this Directive will benefit employers since
       they will result in fewer working days lost .
  7.   Detailed consultations have been held on the proposal and an opinion has
       been given by the Advisory Committee on Safety , Hygiene and Health
       Protection at Work (Committee established by Council Decision 74/325/EEC
       of 27.6.1974 - OJ L 185 of 9.7.1974 ). The Committee 's opinion was taken
       into account in the drafting of the proposal . The various employers'
        interests are represented in this tripartite Committee .
 ---pagebreak---       In view of the large numbers of persons working with VDUs this proposal
      for a Directive has been drafted as a matter of urgency by the Commission ,
      subsequent to the transmission on 23 October 1987 of its programme
      concerning safety , hygiene and health at work ( 1 ). In order to cushion the
      economic impact of the Directive , Member States have until 1 January 1990
      to adopt the implementing legislation .
( 1 ) COM ( 87 ) 520 and Council Resolution 88 /C28 / 1 of 21.12.1987 , OJ C 28 of
      3.2.1988
                                                                                    2^