CELEX: 51990PC0533(02)
Language: en
Date: 1990-10-31
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL DIRECTIVE SUPPLEMENTING THE MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF TEMPORARY WORKERS

No C 305/12                          Official Journal of the European Communities                                        5. 12. 90
            Amendment to the proposal for a Council Directive supplementing the measures to encourage
                       improvements in the safety and health at work of temporary workers (')
                                             COM(90) 533 final — SYN 281
            (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 7 November
                                                                1990)
                                                           (90/C 305/07)
            (') OJ No C 224, 8, 9. 1990, p. 6.
                   ORIGINAL PROPOSAL                                                          MODIFIED PROPOSAL
                                   First and s e c o n d r e c i t a l s u n c h a n g e d
                                                            Third recital
Whereas recourse to forms of employment such as                         Whereas recourse to temporary employment has
temporary employment has increased considerably;                        increased considerably in recent years and will increase
                                                                        still further;
                                            Recital 4 becomes Recital 1 1
                                            Recital 5 becomes Recital 4
Whereas research results show that in general temporary                Whereas, nevertheless, temporary workers are subject to
workers are more exposed to the risk of accidents at                   greater risks than other workers, as shown by the stat-
work and occupational diseases than other workers;                      istics on accidents at work and occupational diseases;
                                                                                                 Recital 6
                                                                                                    (new)
                                                                       Whereas these extra risks are largely related to the
                                                                       temporary nature of the employment relationship and the
                                                                       particular arrangements which therefore apply within the
                                                                       undertaking;
                                             R e c i t a l 7 and 8 u n c h a n g e d
                                                                                                 Recital 9
                                                                                                    (new)
                                                                       Whereas the special nature of these risks therefore
                                                                       requires the introduction of special regulations;
                                           R e c i t a l 9 b e c o m e s R e c i t a l 10
                                         R e c i t a l 1 1 is p r e v i o u s R e c i t a l 4
                                                Last R e c i t a l u n c h a n g e d
                                                    Article 1 unchanged
 ---pagebreak--- 5. 12. 90                             Official Journal of the European Communities                                        No C 305/13
                     ORIGINAL PROPOSAL                                                                MODIFIED PROPOSAL
                                                                    Article 2
                                                  1st p a r a g r a p h is u n c h a n g e d
                                                                                                        Paragraph 2
                                                                                                            (new)
                                                                            The existence of a temporary employment contract or
                                                                            terms of employment shall not justify different treatment
                                                                            with respect to working conditions as regards the
                                                                            content or difficulty of the work, the safety of the work
                                                                            and health protection, access to personal safety
                                                                            equipment, the working environment and pattern,
                                                                            including the arrangements for fixing working hours.
                                           Paragraph 2 becomes paragraph 3
                                                       Article 3 unchanged
                                                        Article 4 unchanged
                                                                    Article 5
Member States shall ensure that, before a temporary                         Member States shall ensure that, before a temporary
worker takes up any activity requiring special occu-                        worker takes up any activity requiring special occu-
pational qualifications or skills or special medical super-                 pational qualifications or skills or special medical super-
vision, he is informed by the user employer of the risks                    vision, he is informed by the user employer of the risks
he faces and, if necessary, receives appropriate training.                  he faces.
                                                                                                          Article 6
                                                                                                            (new)
                                                                            In cases referred to under the foregoing Article, the
                                                                            worker must undergo training appropriate to his or her
                                                                            needs, taking into account his or her qualifications and
                                                                            experience. If the job is dangerous, either in the short or
                                                                             long term, training shall be compulsory.
                                                  Article 6 becomes Article 7
                                        P r e v i o u s A r t i c l e 7 b e c o m e s A r t i c l e 10
                                                                                                          Article 8
                                                                                                            (new)
                                                                            The body or person within or outside an undertaking
                                                                             responsible for checking adherence to health and safety
                                                                             regulations shall be informed of the assignment of
                                                                             atypical workers to jobs which may involve risk.
 ---pagebreak--- No C 305/14                 Official Journal of the European Communities                                            5. 12. 90
            ORIGINAL PROPOSAL                                                                MODIFIED PROPOSAL
                                                                                                  Article 9
                                                                                                   (new)
                                                                                              Final Provisions
                                                                   This Directive shall not affect Member States' ability to
                                                                   apply or introduce laws, regulations or administrative
                                                                   provisions more favourable to employed persons.
                                    A r t i c l e 10 is p r e v i o u s A r t i c l e 7
                                                                                                 Article 11
                                                                                                   (new)
                                                                   The Member States shall, within a period of two years
                                                                   from the expiry of the period laid down in Article 10 (1),
                                                                   forward to the Commission all the information it
                                                                   requires to draw up a report, to be submitted to the
                                                                   Council and the European Parliament, on the implemen-
                                                                   tation of this Directive.
                                                                                                 Article 12
                                                                                                   (new)
                                                                  The Commission shall submit to the European
                                                                   Parliament, the Council and the Economic and Social
                                                                   Committee a regular report on the implementation of
                                                                  this Directive, having regard to Articles 10 and 11.
                              P r e v i o u s A r t i c l e 8 b e c o m e s A r t i c l e 13