CELEX: 51992PC0251
Language: en
Date: 1992-06-11
Title: Amended proposal for a COUNCIL DIRECTIVE concerning minimum requirements for improving the safety and health protection of workers in the extractive industries for the exploration and exploitation of minerals in mines and quarries

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(92) 251 final - SYN 392
                                      Brussels, 11 June 1992
                      Amended proposal for a
                         COUNCIL DIRECTIVE
               concerning minimum requirements
     for improving the safety and health protection of
        workers in the extractive industries for the
          exploration and exploitation of minerals
                    in mines and quarries
     (presented by the Commission pursuant to Article 149(3)
                        of the EEC-Treaty)
 ---pagebreak---                             -0
                 EXPLANATORY MEMORANDUM
Based on the opinion adopted by the European Parliament in the
first reading on 13 May 1992, the Commission submits to Council
pursuant to Article 149 paragraph 3 of the EEC Treaty an
amended proposal for a directive.
There are two different types of proposed amendments:
        The first type is of a more general kind trying to
        strengthen the improvement of health and safety of
        workers in the extractive industries.
        The second type refers to texts for improving the
        safety and health protection of workers, as already
        agreed in the "common position adopted by Council on
        30 April 1992 with a view to adopting a directive on
        the minimum requirements for improving the safety and
        health protection of workers in the mineral-extracting
        industries through drilLing".
The layout and the aims of the amended proposal have not been
changed. In global, the amendments tend towards improving the
initial proposal by adding and defining some more precise
details.
 ---pagebreak---                                    -xU,
Commission Proposal (OJ No C 58,        Amended proposal
5.3.1992)
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 proposal from
the Commission, prepared after
consulting the Safety and Health
Commission for the Mining and1
Other Extractive Industriesi ),
In cooperation with the European
Parliament( 2 ),
Having regard to the opinion of
the Economic    and Social
Committee v-3) f
whereas Article 118a of the Treaty
provides that the Council shall
adopt, by means of directives,
minimum requirements for
encouraging improvements,
especially in the working
environment, to ensure a better
level of protection of the safety
and health of workers;
Whereas, under the terms of that
Article, those directives are to
avoid imposing administrative,
financial and legal constraints in
a way which could hold back the
creation and development of small
and medium-sized undertakings;
Whereas the improvement of
workers' safety, hygiene and
health at work is an objective
which should not be subordinated
to purely economic considerations;
Whereas Council Directive
89/654/EEC of 30 November 1989
concerning minimum safety and
health requirements    for the
workplacev4) does not cover the
extractive industries;
Whereas the extractive industries
are higher than average risk
activities;
Whereas the mines and quarries
sector of these industries is
deemed to be of particular
importance for introducing
improvements in the protection of
the safety and health of workers;
Whereas Article 11 of the proposal
for a Council Directive concerning
minimum requirements for improving
the safety and health protection
of workers in    the extractive
industriesl5'
 ---pagebreak---                                    - 2 -
Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
provides for the Council, in
accordance with the procedure laid
down in Article 118a of the
Treaty, to adopt minimum
requirements for improving the
safety and health protection in
the extractive industries
concerned with exploration for and
exploitation of minerals in mines
and quarries;
Whereas this Directive is an
individual Directive within the
meaning of Article 16(1) of
Council Directive 89/391/EEC of 12
June 1989 on the introduction of
measures to encourage improvements
in the safety and health of
workers at work* 6 ); whereas,
therefore, the provisions of the
said Directive are fully
applicable to the domain of the
extractive industries without
prejudice to more restrictive
and/or specific provisions
contained in this Directive;
Whereas this Directive constitutes
a practical aspect of the
realization of the social
dimension of the internal market,
in respect of the extractive
industries as defined by Council
Decision 74/326/EEC of 27 June
1974 on the extension of the
responsibilities of the Mines
Safety and Health Commission to
all mineral-extracting
industries(7);
Whereas the surface back-up
facilities of mines and quarries
which are not essential to
exploration, extraction in the
strict sense of the word and
preparation of the extracted
materials for sale, for example,
the transformation of the
extracted materials, are subject
to the provisions of Directive
89/654/EEC;
Whereas, pursuant to Decision
74/326/EEC, the Safety and Health
Commission for the Mining and
Other Extractive Industries is
consulted by the Commission on the
drafting of proposals in this
field,
HAS ADOPTED THIS DIRECTIVE:
 ---pagebreak---                                    - 3 -
Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
SECTION I
General provisions
Article 1
Subject
      This Directive, which is an
      individual Directive within
      the meaning of Article 16(1)
      of Directive 89/391/EEC,
      lays down minimum
      requirements for the safety
      and health protection of
      workers in the extractive
      industries as defined in
      Article 2.
2.    The provisions of Directive
      89/391/EEC are fully
      applicable to the domain
      referred to in paragraph 1
      of this Directive, without
      prejudice to more
      restrictive and/or specific
      provisions contained in this
      Directive.
Article 2
Definitions
For the purpose of this Directive:
      "Extractive industries"
      shall be taken to mean the
      activities of prospecting
      and of extraction in the
      strict sense of the word as
      well as of preparation of
      extracted materials for
      sale, but not the processing
      of such extracted
      materials,t2) .
      "workplace" means the whole
      area intended to house
      workstations in which work
      is carried out, including
      the immediate and ancillary
      activities and facilities of
      the extractive industries
      including sanitary
      installations, rest-rooms
      and accommodation where
      provided to which workers
      have access in the course of
      their work,
 ---pagebreak---                                    - 4 -
Commission Proposal (OJ No C 58,              Amended proposal
5.3.1992)
      "exploration for and
      exploitation of minerals by
      means of boreholes driven
      from the surface (onshore or
      offshore),
      "exploration for and
      exploitation of minerals in
      surface workings" means all
      mining activities concerned
      with prospecting for and
      extraction of minerals in
      workings in the open air,
      "exploration for and
      exploitation of minerals in
      underground workings" means
      all mining activities
      concerned with prospecting
      for and extraction of
      minerals in workings
      accessible by shafts and/or
      underground roadways.
SECTION II
Obligations of the employer
Article 3
General obligations
1.    To safeguard the safety and          To safeguard the safety and
      health of workers, the               health of workers, the
      employer shall take the              employer shall take the
      necessary measures to ensure         necessary measures to ensure
      that:                                that:
        workplaces are designed,        a) workplaces are designed,
        constructed, equipped,             constructed, equipped,
        commissioned, operated and         commissioned, operated and
        maintained in such a way           maintained in such a way
        that workers can perform           that workers can perform the
        the work assigned to them          work assigned to them
        without danger to                  without endangering their
        themselves and/or others,          safety and/or health and/or
                                           those of other workers;
        responsible supervision is      b) responsible supervision is
        present during operation           present during operation of
        of manned workplaces,              manned workplaces,
        work involving a special        c) work involving a special
        risk is entrusted only to          risk is entrusted only to
        suitably qualified staff           competent workers and
        and carried out in                 carried out in accordance
        accordance with the                with the instructions given,
        instructions given,
        all safety instructions         d) all safety instructions are
        are comprehensible to the          comprehensible to the
        workers concerned,                 workers concerned,
 ---pagebreak---                                    - 5 -
Commission Proposal (OJ No C 58,               Amended proposal
5.3.1992)
      - appropriate first-aid           e)  appropriate first-aid
        facilities are provided,            facilities are provided,
      - any relevant safety              f) any relevant safety
        exercises are performed at          exercises are performed at
        regular intervals.                  regular intervals.
2.    Prior to the commencement of       2. The employer shall ensure
      work, and when changes are            that a document concerning
      made during prospection               safety and health,
      and/or extraction of                  herinafter referred to as
      minerals, the employer shall          "safety and health
      forward to the responsible            document", covering the
      authorities:                          relevant requirements laid
                                            down in Articles 6, 9, and
                                            10 of Directive 89/391/EEC,
                                            is drawn up and kept up to
                                            date.
      - the name of the person or           The safety and health
        corporate body who assumes          document shall demonstrate
        responsibility for the              in particular:
        health and safety of all
        operations and personnel,           - that the risks  incurred by
        whether direct employees              the workers at the
        or employees of                       workplace have been
        contractors at an                     determined and assessed;
        installation or a site for
        the prospection and/or              - that adequate measures
        extraction of minerals,               will be taken to attain
                                              the aims of this
                                              Directive;
      - a document where the risks
        at an installation or a             - that the design, use and
        site for the prospection              maintenance of the
        and/or extraction of                  workplace and of the
        minerals are assessed from            equipment are safe.
        the concept and design
        stage in an objective               The safety and health
        manner in order to achieve          document must be drawn up
        the goals set down in this          prior to the commencement of
        Directive and in its                work and be revised if the
        Annexes and to follow the           workplace has undergone
        provisions laid down in             major changes, extensions or
        Articles 6(2), 9 and 10 of          conversions.
        the Directive 89/391/EEC.
3.    The employer shall report
      forthwith to the responsible
      authorities fatal and/or
      serous occupational
      accidents and dangerous
      situations and give an
      account of the measures
      taken to prevent any
      repetition.
Article 4
Protection against fire,
explosions and noxious atmospheres
 ---pagebreak---                                    - 6 -
Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
The employer shall take measures
appropriate to the nature of the
operation to protect against,
detect and combat the starting and
propagation of fires and
explosions as well as the
occurrence of explosive and/or
noxious atmospheres.
Article 5
Escape and rescue facilities
To ensure that workers have
adequate opportunities for leaving
all workplaces promptly and safely
in the event of danger, the
employer shall provide and
maintain appropriate means for
escape and rescue.
Article 6
Communication, warning and alarm
systems
The employer shall take measures
to provide the necessary warning
and other communication systems to
enable aid, escape, evacuation and
rescue immediately, in case of
need.
Article 7
Provision of sanitary
installations and rest-rooms
The employer shall provide and
maintain appropriate sanitary
installations and rest-rooms, and
if appropriate, accommodation.
Article 8
Information of workers
Without prejudice to Article 10 of
Directive 89/391/EEC, workers
and/or their representatives shall
be informed of all measures to be
taken concerning safety and health
at the workplaces, in particular
of those relating to the
implementation of Articles 3 to 7.
Article 9
 ---pagebreak---                                     - 7 -
Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
Health surveillance
1.    Health surveillance of
      workers as defined in
      Article 14 of Directive
      89/391/EEC must be carried
      out prior to the assigning
      of workers to duties related
      to the activities referred
      to in Article 2 and at
      regular intervals
      thereafter.
2.    These health checks may in
      no circumstances involve the
      workers in financial cost,
      as laid down in Articles 6
      and 14 of Directive
      89/391/EEC.
Article 10
Consultation and participation of
workers'
Consultation and participation of
workers and/or of their
representatives shall take place
in accordance with Article 11 of
Directive 89/391/EEC on the
matters covered by this Directive
and its Annexes.
SECTION III
Minimum requirements for improving
the safety and health protection
of workers
Article 11
Exploration for and exploitation
of minerals in mines and quarries
1.    Workplaces concerned with
      exploration for and
      exploitation of minerals in
      mines and quarries used for
      the first time after 31
      December 1993 must satisfy
      the minimum safety and
      health requirements laid
      down in the Annex.
2.    Workplaces existing before
      31 December 1993 must
       satisfy the minimum safety
      and health requirements laid
      down in the Annex at the
       latest nine years after that
      date.
3.    When workplaces undergo
      modifications, extensions
      and/or conversions after 31
      December 1993, the employer
 ---pagebreak---                                     - 8
Commission Proposal (0J No C 58,        Amended proposal
5.3.1992)
shall take the measures necessary
to ensure that those
modifications, extensions and/or
conversions are in compliance with
the corresponding minimum
requirements laid down in the
Annex.
SECTION IV
Other provisions
Article 12
Amendments to the Annexes
Amendments to the Annexes as a
result of:
      the adoption of Directives,
      technical harmonization and
      standardization,
      and/or
      technical progress, changes
      in international regulations
      or specifications, and new
      findings,
shall be adopted in accordance
with the procedure laid down in
Article 17 of Directive
89/391/EEC
On such occasions the Commission
shall consult the Safety and
Health Commission for the Mining
and Other Extractive Industries.
Article 13
Final provisions
1.    Member States shall bring   '
      into force the laws,
      regulations and
      administrative provisions
      necessary to comply with
      this Directive by 31
      December 1993 and shall
      forthwith inform the
      Commission thereof.
      When Member States adopt
      these provisions, these
      shall contain a reference to
      this Directive or shall be
      accompanied by such
      reference at the time of
      their official publication.
      The procedure for such
      reference shall be adopted
      by the Member States.
2.    The Member States shall
      communicate to the
      Commission the texts of the
      provisions of national law
      which they have already
      adopted or adopt in the
      field governed by this
      Directive.
3.    Member States shall report
      to the Commission every five
 ---pagebreak---                                    - 9 -
Commission Proposal (0J No C 58,         Amended proposal
5.3.1992)
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
European Parliament, the Council,
the Economic and Social Committee
and the Safety and Health
Commission for the Mining and
Other Extractive Industries.
Article 14
This Directive is addressed to the
Member States.
Done at Brussels,
By the Council
The President
MINIMUM REQUIREMENTS FOR IMPROVING
THE SAFETY AND HEALTH PROTECTION
OF WORKERS IN THE EXTRACTIVE
INDUSTRIES CONCERNED WITH
EXPLORATION FOR AND EXPLOITATION
OF MINERALS IN MINES AND QUARRIES
0.1   PRELIMINARY NOTE
      The obligations laid down in
      this Annex apply whenever
      required by the features of
      the workplace, the
      operation, the circumstances
      or the hazard.
0.2   SCOPE
0.2.1 Part 1 applies to operations
      and workplaces at mines and
      quarries and ancillary
      surface installations
      thereof. Ancillary surface
      installations are the
      buildings and installations
      essential to the operation.
0.2.2 Part 2 applies to operations
      and workplaces in the
      ancillary surface
      installations only of mines
      and quarries.
 ---pagebreak---                                   - 10 -
Commission Proposal (OJ No C 58,                Amended proposal
5.3.1992)
0.2.3 Part 3 applies to operations
      and workplaces in surface
      workings, excluding
      ancillary surface
      installations thereof.
0.2.4 Part 4 applies to operations
      and workplaces in
      underground miens, excluding
      ancillary surface
      installations thereof.
0.2.5 Surface workings are
      therefore subject to the
      provisions of Parts 1, 2 and
      3, and underground mines are
      subject to the provisions of
      Parts 1, 2 and 4.
1     COMMON REQUIREMENTS
      APPLICABLE TO MINES AND
      QUARRIES AND TO ANCILLARY
      SURFACE INSTALLATIONS
      THEREOF
1.1   OPERATIONS AND WORKPLACES
1.1.1 Operations and workplaces
      must be organized so as to
      provide adequate protection
      against hazards. Workplaces
      must be kept in good order.
      Hazardous substances or
      deposits must be removed or
      treated so that, as far as
      possible, they do not pose
      any threat to the health and
      safety of the workforce.
1.1.2 Workstations must be             A 4 Z Workstations must be
      designed, constructed and              designed and constructed
      where possible equipped                according to ergonomic
      according to ergonomlc                 principles, taking account
      principles.                            of the need for workers to
                                             be able to follow operations
1.1.3 Where workstations are                 taking place at their
      occupied by lone workers,              workstation.
      adequate supervision or
      means of communication must
      be provided.
1.2.  SUPERVISION AND ORGANIZATION
1.2.1 Person in charge
      Operations and workplaces
      must at all times be placed
      under the responsibility of
      a person who has the skills
      and competence suitable for
      the position and has been
      duly authorized by the
      employer.
 ---pagebreak---                                   - 11 -
Commission Proposal (OJ No C 58,                  Amended proposal
5.3.1992)
1.2.2 Supervision                       1.2.2 Supervision
      Supervision may only be                  Supervision must be carried
      exercised by responsible,                out, to ensure workers'
      properly trained persons                 safety and health protection
      appointed by the employer.               during all operations, by
                                               persons with the abilities
                                               and competence required for
                                               supervisory functions in
                                               accordance with national
                                               legislation and/or practice,
                                               appointed by the employer
                                               and acting on his behalf.
                                               The employer may personally
                                               carry out the supervision
                                               referred to in the first
                                               indent if he possesses the
                                               abilities and competence
                                               required by national
                                               legislation and/or practice.
1.2.3 Competent persons                 1.2.3 Competent persons
      At every workplace there                At every workplace at which
      must be provided a                      workers are present there
      sufficient number of                    must be a sufficient number
      competent persons having the             of workers having the
      abilities and experience                 necessary abilities,
      necessary to perform the                 experience and training to
      tasks to which they are                  perform the tasks to which
      assigned.                                they are assigned.
                                        1.2.3a   Information, instruction
                                                 and training
                                              Workers must be given the
                                               necessary information,
                                               instruction, training and
                                               retraining to ensure their
                                               health and safety. The
                                              employer must ensure that
                                              workers receive
                                               comprehensible instructions,
                                               so as not to endanger their
                                               own or other workers'
                                               health and safety.
1.2.4 Written instructions              1.2.4 Written instructions
      Where appropriate, written              Written instructions
      instructions specifying                  specifying practices to be
      practices to be observed to             observed to ensure the
      ensure the safety of workers             safety and health of workers
      and the safe use of                      and the safe use of
      equipment must be provided.             equipment must be provided
                                               for each workplace.
      These must include                      These must include
      information on the use of                information on the use of
      emergency equipment and the             emergency equipment and the
      action to be taken in the               action to be taken in the
      event of an emergency at or             event of an emergency at or
      near the workplace.                     near the workplace.
1.2.5 Safe systems of work
      Safe systems of work shall
      be implemented at every
      workplace and for every
      operation.
 ---pagebreak---                                     - 12 -
 Commission Proposal (OJ No C 58,                  Amended proposal
 5.3.1992)
                                         1.2.6 Regular safety and health
                                               checks
                                               The employer must organise
                                               regular checks on safety and
                                               health measures for workers
                                               and on his safety and health
                                               management system, to ensure
                                               that the requirements of
                                               this directive are adhered
                                               to.
1.3.   MECHANICAL AND ELECTRICAL
       EQUIPMENT AND PLANT
1.3.1 General
       Without prejudice to _8
       Directive 89/392/EEC< >
       and Directive
       89/655/EEC<9>, mechanical
       and electrical equipment and
       plant must be designed,
       constructed, installed,
       commissioned, operated and
       maintained so as to ensure
       safe operation. If located
       in an area within which
       danger of fire or explosion
       from ignition of gas, vapour
       or volatile liquid exists or
       is likely to exist, it must
       be suitable for use in that
       area.
       Equipment must, where
       appropriate, be fitted with
       suitable protective devices
       and fail-safe systems.
1.3.2 Mechanical equipment and
       plant
       All equipment and plant must
       be of good construction,
       sound material, adequate
       strength and free from
       patent defect and suitable
       for the purpose for which it
       is used.
1.3.3 Electrical equipment and
       installations
       All electrical equipment and
       installations must be
       sufficient in size and power
       for the work for which it is
       to be used, and so designed,
       constructed, installed and
       protected as to prevent
       danger.
1.4    MAINTENANCE
1.4.1 General maintenance
       There shall be in force a
       suitable scheme providing
       for the systematic
      examination, maintenance
       and, where appropriate,
      testing of mechanical and
      electrical equipment and
      plant.
 ---pagebreak---                                     - 13 -
Commission Proposal (OJ No C 58,                   Amended proposal
5.3.1992)
       All maintenance, examination
       and testing of any part of
       those installations must be
       carried out by competent
       persons. Records of
       examinations and tests must
       be made and kept in an
       appropriate manner.
1.4.2 Safety equipment maintenance
       Safety equipment must be
       maintained ready for use and
       in good order at all times.
       Maintenance must be
       undertaken with due regard
       to operations, to ensure
       that adequate protection is
       always provided.
1.5.   PROTECTION AGAINST THE RISKS
       OF EXPLOSION, FIRE AND
       NOXIOUS ATMOSPHERES
 1.5.1 General
 1.5.1.1 All the measures
          identified in the risk
          evaluation exercise
          referred to in Articles 6,
          9 and 10 of Directive
          89/391/EEC*10) must be
          taken both to prevent and
          detect the occurrence of
          fires and potentially
          explosive and/or noxious
          atmospheres and to combat
          the dangers due to fires
          and potentially explosive
          and/or noxious
          atmospheres.
 1.5.1.2 Smoking is forbidden in
          areas subject to
          particular fire or
          explosion hazards. The
          use of any open flame and
          of any equipment which may
          give rise to an ignition
          hazard is also prohibited
          in such areas. Exemptions
          may be made in the latter
          case if adequate safety
          precautions have been
          taken to prevent the
          occurrence of fires or
          explosions.
 1.5.2 Protection against the risk
        of explosion
 1.5.2.1 Where appropriate,                1.5.2.1 Measures must be taken to
          efficient means must be                  detect and measure the
          provided and used for                    concentration of harmful
          detecting the presence of                and/or potentially
          substances likely to form                explosive substances in
          a potentially explosive                  the atmosphere,
          atmosphere.
 ---pagebreak---                                   - 14 -
Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
        Where the circumstances so       Where the safety and
        require, monitoring              health document so
        devices permanently              requires, the following
        measuring gas                    equipment must be
        concentrations at                provided: monitoring
        specified places,                devices for automatic and
        automatic alarms and             continuous recording of
        devices for automatic            gas concentrations at
        shutdown of electrical           specified places,
        installations and                automatic alarms, and
        permanently installed            devices for automatic
        combustion engines must be       shutdown of electrical
        provided.                        installations and
                                         combustion engines.
                                         Where automatic
                                         measurements are provided
                                         for, the results must be
                                         recorded and preserved as
                                         specified in the safety
                                         and health document.
1.5.2.2 An explosion protection
        plan detailing the
        equipment and the measures
        to be taken in accordance
        with Articles 3, 4, 5 and
        6 to protect against,
        detect and combat the
        initiation and propagation
        of explosions must be
        prepared. It must be
        brought up to date
        periodically and held
        available at the
        workplace.
1.5.3 Protection against fire
      risks
1.5.3.1 Provision must be made for
        fast and effective
        fighting of all fires.
1.5.3.2 Workplaces must be
        equipped, if necessary,
        with suitable fire-
        fighting equipment and,
        where appropriate, with
        fire detectors and alarm
        systems.
1.5.3.3 Fire-fighting equipment
        intended for general use
        must be easily accessible,
        simple to use and, where
        necessary, protected from
        damage.
1.5.3.4 A fire protection plan
        detailing the equipment
        and the measures to be
        taken in accordance with
        Articles 3, 4, 5 and 6 to
        protect against, detect
        and combat the outbreak
        and spread of fires must
        be prepared. It must be
        brought up to date
        periodically and held
        available at the
        workplace.
1.5.3.5 Fire-fighting equipment
        must be indicated by
        signs.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
1.5.4 Protection against noxious
      atmospheres
1.5.4.1 Where appropriate,
        efficient means must be
        provided and used for
        detecting the presence and
        measuring the
        concentration of noxious
        substances in the
        atmosphere.
1.5.4.2 Monitoring devices
        measuring dangerous
        concentrations of noxious
        substances must be
        installed and used in
        accordance with the risk
        evaluation exercise
        carried out in accordance
        with Directive
        89/391/EEC(i:L).
1.5.4.3 Where noxious substances
        accumulate or are likely
        to accumulate in the
        atmosphere, appropriate
        measures must be taken to
        render them harmless, so
        that the risk to workers
        is minimized.
1.5.4.4 A noxious atmosphere
        prevention plan detailing
        the equipment and the
        measures to be taken in
        accordance with Articles
        3, 4, 5 and 6 to protect
        against, detect and combat
        the formation of noxious
        atmospheres must be
        prepared. It must be
        brought up to date
        periodically and held
        available at the            •
        workplace.
1.6   EXPLOSIVES AND INITIATING
      DEVICES
      Operations involving the
      storage, transport and use
      of explosives and initiating
      devices must be carried out
      by duly authorized and
      competent persons. Such
      operations must be organized
      and performed in such a way
      that there is no risk to
      workers.
1.7   TRAFFIC ROUTES
1.7.1 It must be possible to reach
      workstations and workplaces
      without danger and to leave
      them quickly and safely in
      an emergency.
1.7.2 Traffic routes, both for
      vehicles and for workers,
      must be so located and of
      such dimensions that they
      are safe.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
1.7.3 The dimensions of traffic
      routes for persons, products
      and/or equipment must be
      suitable for the number of
      potential users and the type
      of undertaking.
      All measures must be taken
      to ensure the safety and
      health of pedestrians and
      workers employed on or in
      the vicinity of traffic
      routes.
1.7.4 Sufficient clearance must be
      allowed between vehicle
      traffic routes and doors,
      gates, footpaths, corridors
      and staircases.
1.7.5 Where the use of and
      equipment rooms so require,
      traffic or access routes
      must be clearly identified
      for the protection of
      workers.
1.7.6 Where vehicles or machines
      enter workplaces, traffic
      regulations must be
      established as necessary.
1.8   OUTDOOR WORKPLACES
      Where workers are employed
      at workstations outdoors,
      such workstations must as
      far as possible be arranged
      so that workers are
      protected against inclement
      weather.
1.9   DANGEROUS AREAS
1.9.1 Areas where there is a
      particular hazard must be
      indicated, and warning signs
      placed.
1.9.2 Unauthorised access to
      workplaces with dangerous
      areas, including those where
      there is a risk of object or
      workers falling, must where
      possible be prevented.
1.9.3 Appropriate measures must be
      taken to ensure protection
      of the health and safety of
      workers authorized to enter
      dangerous areas.
1.10  EMERGENCY ROUTES AND EXITS
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Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
1.10.1   In the event of danger, it
         must be possible for
         workers to evacuate the
         workstation and, if
         necessary, the workplace
         quickly and as safely as
         possible.
1.10.2   Emergency routes and exits
         must remain clear and lead
         as directly as possible to
         he open air, to a safe
         area, a safe assembly
         point or to an abandonment
         station.
1.10.3   The number, distribution
         and dimensions of the
         emergency routes and exits
         depend on the use,
         equipment and dimensions
         of the workplaces and the
         maximum number of persons
         that may be present.
1.10.4   Emergency doors must
         either open outwards or,
         if this is not possible,
         be designed as sliding
         doors.
1.10.5   Emergency doors should not
         be so locked or fastened
         that they cannot be easily
         and immediately opened by
         any person who may require
         to use them in an
         emergency.
1.10.6   Emergency doors must not
         be locked by key. The
         emergency routes and
         exits, and the traffic
         routes and doors giving
         access to them, must be
         free from obstruction so
         that they can be used at
         any time without
         hindrance.
1.10.7   Emergency routes and exits
         requiring illumination
         must be provided with
         emergency lighting of
         adequate intensity in case
         the lighting fails.
1.10.8   Specific emergency routes
         and exits must be
         indicated by signs.
1.11  MEANS OF EVACUATION AND
       ESCAPE
1.11.1   Workers must be trained in
         the appropriate action to
         be taken in emergencies.
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Commission Proposal (OJ No C 58,            Amended proposal
5.3.1992)
1.11.2    Rescue equipment must be
           kept ready for use at
           appropriately sited places
          which are readily
           accessible and signposted.
 1.11.3   Where escape routes may
          pass through areas
           susceptible to
           irrespirable atmospheres,
           self-rescue apparatus
           appropriate to the risk
           and conditions of escape
          must be provided at the
          workstation.
1.12. SAFETY EXERCISES
       Safety exercises must be
       held at workplaces at
       regular intervals. The main
       purpose of these exercises
        is to instruct and examine
       persons to whom duties have
       been assigned in the event
       of emergency, involving the
       use, handling or operation
       of emergency equipment.
       Where relevant, these
       persons must also be able to
       practise the correct use,
       handling or operation of
       that equipment.
1.13. FIRST AID FACILITIES
1.13.1    First aid equipment must
          be available in all places
          where working conditions
          require it and must be
          appropriate to the
          operation.
          This equipment must be
          indicated by suitable
          signs and easily
          accessible.
1.13.2    Where appropriate, a
          suitable room where first
          aid can be administered to
          injured persons must be
          provided. Clearly visible
          first aid instructions in
          the event of accidents
          must be displayed in this
          room.
          First aid rooms must be
          provided with essential
          first aid installations
          and equipment and be
          easily accessible for
          stretchers. They must be
          indicated by suitable
          signs.
1.13.3    A sufficient number of
          persons must be given
          basic and continuous
          training in first aid.
1.14. LIGHTING
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Commission Proposal (OJ No C 58,                Amended proposal
5.3.1992)
1.14.1   Workplaces must as far as
         possible receive
         sufficient natural light
         and be equipped with
         artificial lighting
         adequate for the
         protection of workers'
         safety and health.
1.14.2   Lighting installations
         must be placed in such a
         way that there is no risk
         of accident to workers as
         a result of the type of
         lighting fitted.
1.14.3   Workplaces and                 1.14.3 Workplaces and
         workstations where workers            workstations where workers
         are particularly exposed              are exposed to risks in
         to risks in the event of              the event of failure of
         failure of artificial                 artificial lighting must
         lighting must be provided             be provided with emergency
         with emergency lighting of            lighting of adequate
         adequate intensity, or                intensity, or workers must
         workers must be provided              be provided with a
         with a personal lamp.                 personal lamp.
1.15   CHANGING ROOMS AND SANITARY
       INSTALLATIONS
1.15.1   Changing rooms
1.15.1.1 Appropriate changing
          rooms must be provided
          for workers if they have
          to wear special work
          clothes and where, for
          reasons of hygiene or
          propriety, they cannot be
          expected to change in
          another room. Changing
          rooms must be easily
          accessible, have
          sufficient capacity and
          be provided with seating.
1.5.1.2 Changing rooms must be
         sufficiently large and
         have facilities to enable
         all workers to lock away
         their clothes during
         working hours. Provision
         must be made to enable wet
         working clothes to be
         dried.
         If circumstances so
         require (e.g. dangerous
         substances, humidity,
         dirt), changing rooms for
         work clothes must be
         separate from those for
         ordinary clothes.
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Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
1.15.1.3 Provision must be made
          for separate changing
          rooms or separate use of
          changing rooms for men
          and women.
1.15.1.4 If changing rooms are not
          required under point
          1.15.1.1, all workers
          must be provided with a
          place to store their
          clothes.
1.15.2  Showers and washing
        facilities
1.15.2.1 Where required by the
          nature of the work or for
          hygienic reasons, an
          adequate number of
          suitable showers must be
          provided for workers.
          Provision must be made
          for either separate
          shower rooms or separate
          use of shower rooms for
         men and women.
1.15.2.2 Shower rooms must permit
          each worker to wash
         without hindrance in
          suitably hygienic
          conditions and must be
          equipped with hot and
          cold water.
1.15.2.3 If showers are not
          required under point
          1.15.2.1, an adequate
          number of suitable
         washbasins with hot and
          cold water must be
         provided in the vicinity
         of the changing rooms.
1.15.2.4 Where the rooms housing
         the showers or washbasins
          are separate from the
          changing rooms, there
         must be easy
         communication between the
         two.
1.16  OVERBURDEN AND OTHER TIPS
      Overburden, dumps, spoil
      heaps and other tips, as
      well as settling lagoons,
      must be designed,
      constructed, operated and
      maintained in such a way as
      to ensure their stability,
      as well as the safety and
      health of workers.
2.    SPECIAL REQUIREMENTS
      APPLICABLE TO ANCILLARY
      SURFACE INSTALLATIONS OF
      MINES AND QUARRIES
2.1   STABILITY AND SOLIDITY
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Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
      Ancillary surface
       installations housing
      workstations must have a
       structure and solidity
      appropriate to the nature of
      their use.
2.2   FLOORS, WALLS, CEILINGS AND
      ROOFS
2.2.1 Floors must be fixed,
       stable, non-slip, smooth and
       free of dangerous holes or
      dangerous slopes.
      Rooms containing
      workstations must have
      adequate thermal insulation,
      bearing in mind the nature
      of the work involved and the
      physical activity of the
      workers.
      The surfaces of floors,
      walls and ceilings must be
      such that they can be kept
      at an appropriate standard
      of hygiene.
2.2.2 Transparent or translucent
      walls (particularly glass
      partitions in the vicinity
      of workstations and traffic
      routes) must be clearly
      indicated. They must be
      made of safety materials or
      be shielded from
      workstations and traffic
      routes to prevent workers
      from coming into contact
      with them or being injured
      in the event of breakage.
2.2.3 Access to roofs made of
      materials of insufficient
      strength must not be
      permitted unless equipment
      is provided to ensure that
      the work can be carried out
      in a safe manner.
2.3   ROOM DIMENSIONS
2.3.1 Workstations must wherever
      possible have sufficient
      floor area and height to
      allow workers to perform
      their work without risk to
      their safety, health or
      well-being.
2.3.2 The space available to
      workers at their workstation
      must wherever possible
      permit sufficient freedom of
      movement and allow them to
      perform their work safely.
2.4   WINDOWS AND SKYLIGHTS
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Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
2.4.1 Windows, skylights and
       ventilation devices which
       are meant to be opened,
       adjusted or secured must be
       designed so that these
       operations can be carried
       out safely.
2.4.2 They must not be positioned
       so as to constitute a hazard
       to workers when open.
2.4.3 It must be possible, with
      the appropriate equipment,
      to clean windows and
       skylights without risk.
2.5   DOORS AND GATES
2.5.1 The position, number and
      dimensions of doors and
      gates, and the materials
      used in their construction
      must be determined by the
      nature and use of the rooms
      or areas.
2.5.2 Transparent doors and gates
      must be marked at eye level.
2.5.3 Swing doors and gates must
      be transparent or have
      suitable see-through panels.
2.5.4 Where there is a danger that
      workers may be injured if
      door8 or gates with
      transparent or translucent
      surfaces break, such
      surfaces must be protected
      against this risk.
2.5.5 Sliding doors must be fitted
      with safety devices to
      prevent them from being
      derailed and falling over.
2.5.6 Doors and gates opening
      upwards must be fitted with
      a mechanism to secure them
      against falling back
      accidentally.
2.5.7 Doors along escape routes
      must be appropriately
      marked. It must be possible
      to open them at any time.
2.5.8 Doors for pedestrians must
      be provided in the immediate
      vicinity of any gates
      intended primarily for
      vehicle traffic, unless it
      is safe for pedestrians to
      pas through such gates.
      Such doors must be clearly
      marked and kept free of
      obstruction.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
2.5.9 Mechanical doors and gates
      must function in such a way
      that there is no risk of
      accident to workers.
      They must be fitted with
      easily identifiable and
      accessible emergency stop
      devices. Unless they open
      automatically, in the event
      of a power failure it must
      also be possible to open
      them manually.
2.6   VENTILATION OF ROOMS
2.6.1 Steps shall be taken to
      ensure that there is
      sufficient fresh air in
      rooms, having regard to the
      working methods used and the
      physical demands placed on
      the workers.
      If a ventilation system is
      used, it shall be maintained
      in good working order. Any
      breakdown must be indicated
      by a control system where
      this is necessary for
      workers' health.
2.6.2 Any air-conditioning or
      mechanical ventilation
      installations must function
      in such a way that workers
      are not exposed to draughts
      which cause discomfort.
      Any deposit or dirt likely
      to create an immediate
      danger to the health of
      workers by polluting the
      atmosphere must be removed
      without delay.
2.7   ROOM TEMPERATURE
2.7.1 During working hours, the
      temperature in rooms
      containing workstations must
      be suitable for workers,
      having regard to the working
      methods being used and the
      physical demands placed on
      the workers.
2.7.2 The temperature in rest
      areas, rooms for duty staff,
      sanitary facilities,
      canteens and first aid rooms
      must be appropriate to the
      particular purpose of such
      areas.
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 Commission Proposal (OJ No C 58,          Amended orooosal
 5.3.1992)                                            *
 2.7.3 Windows, skylights and glass
       partitions should avoid the
       excessive effects of
       sunlight at workstations,
       having regard to the nature
       of the work and
       workstations.
 2.8   REST-ROOMS - SANITARY
       INSTALLATIONS
 2.8.1 Rest rooms
 2.8.1.1 Where the safety, health
          or number of workers so
          requires, workers must be
          provided with an easily
          accessible rest-room.
          This provision does not
          apply where the workers
          are employed in offices or
          similar workrooms offering
         equivalent relaxation
         during breaks.
2.8.1.2 Rest-rooms must be large
         enough for the number of
         workers and equipped with
         an adequate number of
         tables and seats with
         backs.
2.8.1.3 Appropriate measures must
         be taken in rest-rooms for
         the protection of non-
         smokers against tobacco
         smoke.
2.8.1.4 If working hours are
         regularly and frequently
         interrupted and there is
         no rest-room, other rooms
         must be provided in which
         workers can stay during
         such interruptions,
         wherever this is necessary
         for their safety or
         health.
2.8.2 Lavatories and washbasins
2.8.2.1 Separate facilities must
         be provided in the
         vicinity of workstations,
         rest-rooms, changing rooms
         and rooms housing showers
         or washbasins, with an
         adequate number of
         lavatories and washbasins.
2.8.2.2 Provision must be made for
        separate lavatories or
        separate use of lavatories
        for men and women.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
3.    SPECIAL REQUIREMENTS
      APPLICABLE TO SURFACE
      WORKINGS
3.1   General
      Surface workings to which
      workers have access must be
      designed, equipped,
      operated, monitored and
      maintained so that as far as
      possible there is no danger
      to workers.
3.2   Operation
3.2.1 Operations must not be
      undertaken unless a document
      specifying the requirements
      for workers safety and
      health protection has been
      prepared. This document
      must be brought up to date
      periodically and held
      available at the workplace.
      Work must be carried out in
      accordance with this
      document.
3.2.2 Work must be planned taking
      into account the risk of
      falls or slips of ground.
      In particular, the height
      and slope of overburden
      stripping and extraction
      faces must be appropriate to
      the nature and stability of
      the ground and the methods
      of working.
      Benches and haul roads must
      be stable enough for the
      plant used. They must be
      constructed and maintained
      in such a way that plant can
      be moved safely.
3.2.3 Before the start or re-start
      of work, stripping and
      extraction faces above work
      areas or haul roads must be
      checked for loose ground or
      rocks, and scaling must be
      carried out where necessary.
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Commission Proposal (OJ No C 58,                Amended proposal
5.3.1992)
3.2.4 Faces and tips must not be       3.2.4 Faces and tips must not be
      worked in such a way that              worked in such a way that
      unstable overhangs are                 instability is created.
      created.
4.    SPECIAL REQUIREMENTS
      APPLICABLE TO UNDERGROUND
      WORKINGS
4.1   GENERAL
      Underground workings to
      which workers have access
      must be designed, equipped,
      operated, monitored and
      maintained so that as far as
      possible there is no danger
      to workers.
4.2   OPERATION
4.2.1 Operations must not be
      undertaken unless a document
      specifying the requirements
      for workers' safety and
      health protection has been
      prepared.
      Work must be carried out in
      accordance with this
      document.
4.2.2 Plans of underground
      workings drawn to a scale
      which provides a clear
      representation must be
      prepared. In addition to
      roadways and winning areas,
      they must show the known
      features which may influence
      working and safety. They
      must be readily accessible
      and must be kept for as long
      as is necessary for safety
      purposes.
4.3   OUTLETS
      All mines must have access
      to the surface via at least
      two separate outlets which
      are soundly constructed and
      readily accessible to
      underground workers.
      Mechanical man-winding or
      man-riding facilities must
      be available for these
      outlets if considerable
      physical effort is involved
      in negotiating them.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
4.4.  WORKINGS
      Workings must be
      constructed, equipped,
      operated and maintained so
      that workers can work and
      move in them with a minimum
      of risk.
      Roadways must be signposted
      to help workers to find
      their way about the
      workings.
4.5   TRANSPORT
4.5.1 Transport facilities must be
      installed, operated and
      maintained in such a way as
      to ensure the safety and
      health of drivers, users and
      other persons in the
      vicinity.
4.5.2 Mechanical man-winding or
      man-riding facilities must
      be properly installed and
      used in accordance with
      written instructions.
4.6   SUPPORT AND GROUND STABILITY
      Support must be provided as
      soon as possible after
      excavation, except where the
      stability of the ground
      makes it unnecessary for the
      safety of workers. Support
      must be installed in
      accordance with plans and
      written instructions.
      Workings accessible to
      workers must be inspected
      regularly for ground
      stability, and support
      maintained accordingly.
4.7   VENTILATION
4.7.1 All underground workings to
      which access is permitted
      must be ventilated in an
      appropriate manner.
      Continuous ventilation must
      be provided to maintain,
      with an adequate safety
      margin:
      - a healthy atmosphere,
      - an atmosphere in which the
        risks of explosion are
        kept under control,
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
      - an atmosphere is which
        working conditions are
        adequate while work is in
        progress, having regard to
        the working methods being
        used and the physical
        demands placed on the
        workers.
4.7.2 Where the requirements of
      point 4.7.1 cannot be met by
      natural ventilation, the
      main ventilation must be
      provided by means of one or
      more mechanical fans.
      Steps must be taken to
      ensure stable and continuous
      ventilation.
      The depression of the main
      fans must be monitored
      continuously, and an
      automatic alarm must
      indicate unscheduled
      stoppages.
4.7.3 The ventilation parameters
      must be measured
      periodically and recorded.
      A ventilation plan
      containing the pertinent
      details of the ventilation
      system must be prepared,
      brought up to date
      periodically and held
      available at the workplace.
4.8   GASSY MINES
4.8.1 An underground mine is
      regarded as gassy if
      firedamp is likely to be
      released in such a quantity
      that the risk of formation
      of an explosive atmosphere
      cannot be excluded.
4.8.2 The main ventilation must be
      provided by one or more
      mechanical fans.
4.8.3 Mining must proceed taking
      account of firedamp
      emission. Steps must be
      taken to eliminate as far as
      possible the risks arising
      from firedamp.
4.8.4 Auxiliary ventilation must
      be limited to development
      and salvage work and to
      places with a direct
      connection to the main
      ventilation current.
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Commission Proposal (OJ No C 58,                  Amended proposal
5.3.1992)
      Production workings may be
      ventilated by auxiliary
      systems only if appropriate
      additional measures are
      taken to ensure the safety
      and health of workers.
  8.5 The ventilation measurements       4.8.5 The ventilation measurements
      referred to under point                  referred to under point
      4.7.3 must be supplemented               4.7.3 must be supplemented
      by firedamp determinations.              by firedamp determinations.
      Firedamp levels must also be             Firedamp levels must also be
      permanently monitored in                 continuously monitored in
      return airways from                      return airways from
      production units using                   production units using
      mechanized extraction or                 mechanized extraction or
      underpinning and at the head             underwinning and at the head
      ends of mechanized blind end             ends of mechanized blind end
      workings, taking into                    workings, taking into
      account the result of the                account the result of the
      risk evaluation exercise                 risk evaluation exercise
      carried out in accordance                carried out in accordance
      with Articles 6, 9 and12 10 of           with Articles 6, 9 and12 10 of
      Directive 89/391/EEC( ).                 Directive 89/391/EEC< ).
4.8.6 Only explosives and
      initiating devices
      specifically for gassy mines
      may be used.
4.8.7 The provisions of point
      1.5.1.2 are replaced as
      follows:
      - smoking, carrying tobacco
        for smoking and any
        objects which may be used
        to produce a flame are
        prohibited,
      - flame cutting, welding and
        other similar operations
        are permitted only in
        exceptional circumstances
        and subject to specific
        measures ensuring the
        safety and health of the
        workers.
4.9   FLAMMABLE DUSTS
4.9.1 Coal mines are considered to
      be susceptible to flammable
      dusts except where the
      result of the risk
      evaluation exercise carried
      out in accordance with13
      Directive 89/391/EECi )
      shows that none of the seams
      being worked contains dust
      liable to propagate an
      explosion.
4.9.2 The provisions of points
      4.8.6 and 4.8.7 apply
      mutatis mutandis.
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Commission Proposal (OJ No C 58,          Amended proposal
5.3.1992)
4.9.3 Steps must be taken to
       reduce flammable dust
       deposits, and to remove,
       neutralize or bind the same.
4.9.4 Propagation of flammable
       dust and/or firedamp
       explosions which are liable
       to trigger further flammable
       dust explosions must be
       limited by installing a
       system of explosion
       barriers, the locations of
       which must be indicated in a
       document which is brought up
       to date periodically and
       held available at the
       workplace.
4.10   MINES SUSCEPTIBLE TO GAS
       OUTBURSTS, ROCKBURSTS OR
       WATER INRUSHES
4.10.1   In parts of mines
         susceptible to gas
         outbursts (with or without
         the projection of minerals
         or rock), rockbursts or
         water inrushes, an
         operating plan must be
         drawn up and implemented
         so as to ensure, as far as
         possible, a safe system of
         work and the protection of
         workers.
4.10.2   Measures must be taken to
         identify risk zones,
         protect workers in
         workings approaching or
         traversing these zones,
         and control the risks.
4.11   FIRES, COMBUSTIONS AND
       HEATINGS
4.11.1   Provision must be made for
         the prevention and, where
         appropriate, the early
         detection of spontaneous
         combustion.
4.11.2   Flammable materials taken
         into underground workings
         must be limited to the
         quantities which are
         strictly necessary.
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Commission Proposal (OJ No C 58,         Amended proposal
5.3.1992)
4.12  PRECAUTIONS FOR WITHDRAWAL
      OF WORKERS
      So that they can withdraw in
      safety, workers must, where
      necessary, be provided with
      self-rescue respiratory
      protection devices which
      they must always keep within
      their reach. Workers must
      be trained in the use of
      these devices, which must
      remain at the mine and be
      checked regularly to ensure
      that they are in good
      condition.
4.13  LIGHTING
      The provisions of point 1.13
      are replaced as follows:
      - workers must be provided
        with a suitable personal
        lamp,
      - workstations must as far
        as possible be equipped
        with artificial lighting
        adequate for the
        protection of workers'
        safety and health,
      - lighting installations
        must be placed in such a
        way that there is no risk
        of accident to workers as
        a result of the type
        fitted.
4.14  UNDERGROUND WORKFORCE
      ACCOUNTING
      It must be possible to know
      exactly who is underground
      at any time.
4.15  RESCUE ORGANISATION
      In order to enable suitable
      action to be taken rapidly
      and effectively in the event
      of a major incident, an
      adequate rescue organization
      must be available to act at
      any site where underground
      extraction or exploratory
      workings are in progress.
      The rescue organization must
      have sufficient trained
      rescue workers and adequate
      rescue equipment at its
      disposal.
 ---pagebreak---                                  - 32 -
Commission Proposal (OJ No C 58,        Amended proposal
5.3.1992)
J OJ No C58, 5.3.1992, p. 3
2
3
   OJ NO C ,
   OJ No C ,
J OJ No L393, 30.12.1989, p. 1
\ OJ No C32, 7.2.1991, p. 7
° OJ No L183, 29.6.1989, p. 1
I OJ No L185, 9.7.1974, p. 8
° OJ No L183, 29.6.1989, p. 9
?nOJ No L393, 30.12.1989, p. 13
}? OJ No L183, 29.6.1989, p. 1
}J OJ No L189, 29.6.1989, p. 1
ii
13
    OJ NO L183, 29.6.1989, p. 1
    OJ No L183, 29.6.1989, p. 1
 ---pagebreak---                                       - 33
                                                                    ISSN 0254-1475
                                                              COM(92) 251 final
                                                      DOCUMENTS
EN                                                                             04
                                Catalogue number: CB-CO-92-260-EN-C
                                                             ISBN 92-77-44980-2
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