CELEX: 51993PC0421
Language: en
Date: 1993-10-01
Title: Amended proposal for a COUNCIL DECISION concerning the minimum safety and health requirements for transport activities and workplaces on means of transport - Individual Directive within the meaning of Article 16 of Directive 89/391/EEC

No C 294/4                              Official Journal of the European Communities                                          30 . 10. 93
                                                                n
                                                        (Preparatory Acts)
                                                   COMMISSION
               Amended proposal for a Council Decision concerning the minimum safety and health
                          requirements for transport activities and workplaces on means of transport
                    ( Individual Directive within the meaning of Article 16 of Directive 89/39 1 /EEC) (')
                                                          (93 /C 294/05)
                                                 COM(93) 421 final — SYN 420
               (Submitted by the Commission pursuant to Article 149 (3) ofthe EEC Treaty on 1 October 1993)
               o OJ No C 25, 28 . 1 . 1993, p. 17.
                                                                                           AMENDED PROPOSAL
                                                                        Pursuant to the European Parliament opinion of 14 July 1993
                                                                     (The original text remains unchanged unless there is an entry in this
              ORIGINAL COMMISSION PROPOSAL                                                         column)
Proposal for a Council Directive concerning the
minimum safety and health requirements for transport
     activities and workplaces on means of transport
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,
submitted after consulting the Advisory Committee on
Safety, Hygiene and Health Protection at Work,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and
Social Committee,
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 would hold back the creation
and development of small and medium-sized under­
takings ;
 ---pagebreak---   30 . 10 . 93                           Official Journal of the European Communities                             No C 294 / 5
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
 Whereas the communication from the Commission on its
 programme concerning safety, hygiene and health at
 work (') provides for the adoption of a directive
 designed to guarantee the safety and health of workers
 at the workplace ;
 Whereas, in its resolution of 21 December 1987 on
 safety, hygiene and health at work (2), the Council took
 note of the Commission's intention of submitting to the
 Council minimum requirements concerning the
 arrangements of the place of work;
 Whereas       Council    Directive   89 /654 / EEC   of   30
 November 1989 on the minimum safety and health
 requirements for the workplace (3) does not apply to
 means of transport used outside the undertaking and /or
 the establishment or workplaces inside means of
 transport and these should be dealt with specifically;
Whereas because transport activities often take place
outside the permanent establishments of undertakings
 and frequently require the presence of workers on board
the means of transport for uninterrupted periods of time,
specific organizational methods should be provided for;
Whereas compliance with the minimum requirements
designed to guarantee a better standard of safety and
health at workplaces on means of transport is essential to
ensure the safety and health of workers ;
Whereas the activities of self-employed workers not                Whereas the activities of self-employed workers not
covered by the provisions of this Directive should be              covered by the provisions of this Directive shall be
addressed by another directive dealing in general terms            addressed by another directive dealing in general terms
with the health and safety of self-employed workers in             with the health and safety of self-employed workers in
all sectors of activity ;                                          all sectors of activity;
                                                                   Whereas the hours of work of those engaged in
                                                                   transport activities such as air crew, are a crucial safety
                                                                   matter which shall be addressed by another directive
                                                                   which the Commission shall draw up on the basis of
                                                                   consultation with the social partners via the appropriate
                                                                   Joint Transport Committee ;
C) OJ No C 28 , 3 . 2 . 1988 , p. 3 .
(2) OJ No C 28, 3. 2. 1988 , p. 1 .
(J) OJ No L 393, 30. 12. 1989, p. 1 .
 ---pagebreak---  No C 294 /6                             Official Journal of the European Communities                              30 . 10 . 93
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
 Whereas this Directive is an individual directive within
 the meaning of Article 16 ( 1 ) of Directive 89/ 391 /EEC
 of 12 June 1989 on the implementation of measures to
 encourage improvements in the safety and health of
workers at work ('); whereas the provisions of the latter
 are therefore fully applicable to the field of transport
 activities without prejudice to more stringent and /or
 specific provisions contained in this Directive ;
                                                                         1
                                                                   Whereas in accordance with Directive 89/391 /EEC, this
                                                                   Directive will be without prejudice to existing or future
                                                                   national and Community provisions which are more
                                                                   favourable to the protection of the safety and health of
                                                                   workers at work ;
Whereas means of transport which are special items of
works equipment are covered by Council Directive
89 /655 /EEC of 30 November 1989 concerning the
minimum safety and health requirements for the use of
work equipment by workers at work (2) ;
Whereas because the conditions governing safety on
board means of transport mainly depend on the faculties
and the state of health of certain workers, and incapaci­
tation, even for a short time, during the performance of
certain tasks can directly jeopardize the safety of the
means of transport and of the persons on board,
preventive medical surveillance should therefore be
provided for which would make it possible to identify at
an early stage any deterioration in these workers'
faculties ;
Whereas it is important that no obstacle be placed in the
way of the application of the other Community directives
concerning the field of transport, always provided that
such directives provide at least the level of protection
laid down by this Directive ;
                                                                   Whereas this proposal is not designed to replace interna­
                                                                   tional agreements on transport, except where its
                                                                   provisions guarantee a higher level of safety, but
                                                                   provides a set of minimum requirements which will apply
                                                                   even if a Member State withdraws from an international
                                                                   transport agreement ;
Whereas this Directive is a practical contribution
towards creating the social dimension of the internal
market ;
(l) OJ No L 183 , 29 . 6 . 1989, p . 1 .
O OJ No L 393 , 30 . 12 . 1989, p. 13
 ---pagebreak---  30. 10. 93                             Official Journal of the European Communities                              No C 294/7
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
 Whereas, pursuant to Decision 74/325 /EEC ('), as last
 amended by the 1985 Act of Accession, the Advisory
 Committee on Safety, Hygiene and Health Protection at
 Work is consulted by the Commission on the drafting of
 proposals in this field,
 HAS ADOPTED THIS DIRECTIVE :
                           SECTION I
                   GENERAL PROVISIONS
                            Article 1
                             Subject
 1.    This Directive, which is the         12th individual
Directive within the meaning of Article 16 ( 1 ) of
Directive      89 / 391 /EEC,      lays  down      minimum
requirements for safety and health at workplaces on
board means of transport and transport activities, as
defined in Article 2 .
2 . The provisions of Directive 89/391 /EEC are fully
applicable to the entire area referred to in paragraph 1 ,
without prejudice to more restrictive and/or specific
provisions contained in this Directive.
3 . The provisions contained in this Directive are                3 . The provisions contained in this Directive are
without prejudice to other specific Community                     without prejudice to other specific Community
provisions, including those on transport, provided these          provisions, including those on transport, provided these
do not reduce the level of protection to workers laid             do not reduce the level of protection to workers laid
down by this Directive .                                          down by this Directive. In particular this Directive shall
                                                                  not apply to workplaces, temporary or mobile
                                                                  construction sites, extractive industries or fishing vessels
                                                                  already addressed by Directives 89/654/EEC,
                                                                  92/57/EEC, 92/91 /EEC and 000/000/EEC (fishing
                                                                  vessels).
                                                                  3a. This Directive shall also apply to undertakings
                                                                  established in third countries when providing transport
                                                                  services within the Community.
                            Article 2
                          Definitions
For the purposes of this Directive,
1 . 'transport activities' mean all the activities on board
    means of transport and those set out in Annex I ;
(') OJ No L 185 , 9. 7. 1974, p. 15
 ---pagebreak--- No C 294 / 8                             Official Journal of the European Communities                                 30 . 10 . 93
                     ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
2. 'means of transport' means work equipment intended
    for all types of transport in the air, on roads, on
    railways or on the water ;
3 . 'drivers' mean the workers actually operating the
    instruments controlling the movement of a means of
    transport.
                          SECTION II
               EMPLOYERS' OBLIGATIONS
                            Article 3
                Modifications to workplaces
1 . Workplaces on board means of transport must
comply with the minimum requirements for safety and
health set out in Annex II, Part A.
2 . Notwithstanding paragraph 1 , workplaces on board              2 . Notwithstanding paragraph 1 , workplaces on board
means of transport already in service on the date                  means of transport already in service on the date
specified in Article 13 ( 1 ) must, within three years of that     specified in Article 13 ( 1 ) must, within two years of that
date, comply with the minimum requirements set out in              date, comply with the minimum requirements set out in
Annex II, Part A.                                                  Annex II, Part A.
                                                                                             Article 3a
                                                                   The employer shall take the measures necessary to
                                                                   ensure that the work equipment or means of transport is
                                                                   suitable for the transport activity to be carried out, and is
                                                                   used for the purposes for which it is intended, or
                                                                   properly adapted for that purpose, and may be used by
                                                                   workers without impairment to their safety or health. In
                                                                   selecting suitable work equipment for transport activity,
                                                                   the employer shall pay attention to the hazards that
                                                                   exist, and/or any additional hazards posed by the use of
                                                                   the work equipment for the transport activity in
                                                                   question.
                            Article 4
       Sanitary facilities, rest rooms and living areas
1 . Depending on the length of the continuous periods               1 . Depending on the length of the continous periods
of time during which workers are obliged to remain on              of time during which workers are obliged to remain on
board the means of transport and taking into account the           board the means of transport and taking into account the
nature of the activities involved, the employer must               nature of the activities involved, the employer must
provide on the means of transport appropriate sanitary             provide on the means of transport sanitary facilities of a
facilities, rest rooms and living quarters for such                good standard, rest rooms and living quarters for such
workers .                                                          workers .
 ---pagebreak---  30. 10. 93                            Official Journal of the European Communities                            No C 294/9
                      ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
 2 . The sanitary facilities, rest rooms and living
 quarters referred to in paragraph 1 must comply with the
 minimum requirements for safety and health set out in
 Annex II, Part B.
 3 . Notwithstanding paragraph 2, sanitary facilities,           3 . Notwithstanding paragraph 2, sanitary facilities,
 rest rooms and living quarters on board means of                rest rooms and living quarters on board means of
 transport already in service on the date specified in           transport already in service on the date specified in
 Article 13 ( 1 ) must, within three years of that date,         Article 13 ( 1 ) must, within two years of that date,
 comply with the minimum requirements for safety and             comply with the minimum requirements for safety and
 health set out in Annex II, Part B.                             health set out in Annex II, Part B.
 4. If the length of time for which the workers must             4. If the length of time for which the workers must
 remain without interruption on board the means of               remain without interruption on board the means of
 transport does not necessitate application of paragraph 1 ,     transport does not necessitate application of paragraph 1 ,
 the employer must, if the nature of the journey and the         the employer must, if the nature of the journey and the
 activities so require, either make available to workers         activities so require, either make available to workers
 sanitary facilities, rest rooms and living quarters as          sanitary facilities, rest rooms and living quarters as
 defined in paragraph 1 , or take adequate measures to           defined in paragraph 1 , or take adequate measures to
 ensure that workers may have the use of facilities of at        ensure that workers shall have the right to the use of
 least the same standard at suitable and easily accessible       facilities of at least the same standard at suitable and
 locations .                                                     easily accessible locations .
                           Article 5
                     General requirements
To safeguard the safety and health of workers the
employer shall see to it that :
:— means of transport are kept in a satisfactory
     condition of safety,
— technical maintenance of workplaces on means of
     transport and of the equipment and devices, and in
     particular those referred to in Annexes II and III is
     carried out and any faults found which are liable to
     affect the safety and health of workers are rectified
     as quickly as possible,
— workplaces on means of transport and the equipment
     and devices , and in particular those referred to in
     Annex II, Part A, point 6, are regularly cleaned to an
     adequate level of hygiene,
— safety, emergency, control and signalling equipment
     and devices intended to prevent or eliminate hazards
     and, in particular, equipment referred to in Annexes
     II and III are regularly maintained and checked.
 ---pagebreak---  No C 294/ 10                            Official Journal of the European Communities                               30 . 10 . 93
                       ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
                            Article 6
                     Organizational measures
The employer shall take suitable organizational measures
 and shall provide workers with suitable equipment to
 safeguard the safety and health of workers during
                 • •
transport activities
 In devising the organizational measures and in selecting          In devising the organizational measures and in selecting
the equipment intended to safeguard the health and                 the equipment intended to safeguard the health and
 safety of workers during transport activities, the                safety of workers during transport activities, the
employer shall take into consideration the specific                employer shall make adequate provision for the specific
 conditions and features of the work, route and infra­             conditions and features of the work, route and infra­
structure concerned and any risks to the safety and                structure concerned and any risks to the safety and
health of workers which might arise during transport               health of workers which might arise during transport
 activities .                                                      activities .
The employer shall implement the minimum safety and
health requirements set out in Annex III .
                            Article 7
                       Medical surveillance
For the purposes of Article 14 of Directive 89/ 391 /EEC,
the medical surveillance of workers engaged in transport
activities involving hazards likely to jeopardize directly
their own safety and that of the other workers on board
the means of transport must take place :
— before the worker takes up the duties concerned,
— at regular intervals thereafter,
     whenever called for by circumstances or requested by          — whenever called for by circumstances at the
     the workers themselves.                                           workplace or requested by the workers themselves
                                                                       and/or their representatives in the undertaking.
                                                                   Workers shall have the right to seek an independent
                                                                   medical opinion at no expense to themselves in case of a
                                                                   dispute concerning the medical opinion delivered.
                                                                   Medical examinations and opinions shall in all cases be
                                                                   undertaken by qualified medical practitioners.
                            Article 8
First aid, fire-fighting and evacuation of workers, serious
                      and imminent danger
1 . In implementing Article 8 of Directive 89/391 /EEC
in relation to transport activities, the employer must take
into account the type and size of the means of transport
and the characteristics of its load and of the route .
 ---pagebreak---  30 . 10 . 93                             Official Journal of the European Communities                        No C 294/ 11
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
 2 . Paragraph 4 of the abovementioned Article shall
 not be applicable where the absence of a worker from his
workstation would lead to an appreciable deterioration
 of the safety conditions of all those on board the means
 of transport.
 3 . The Member States may, in consultation with the                3.   The Member States shall, in consultation with the
two sides of industry, lay down detailed procedures for             two sides of industry, lay down detailed procedures for
the implementation of paragraph 2 and the allocation of             the implementation of paragraph 2 and the allocation of
responsibilities arising therefrom .                                responsibilities arising therefrom .
                           Article 9
                    Information of workers
 1 . Without prejudice to Article 10 of Directive
 89 / 391 /EEC , the employer shall take the measures
necessary to ensure that workers have at their disposal,
where appropriate in written form, adequate information
concerning safety and health during transport activities .
2. The information must contain at least adequate
safety and health information concerning :
— normal conditions under which the transport acti­
     vities, including loading and unloading, are carried
     out,
     foreseeable abnormal situations and the action to be
     taken in such circumstances ,
     the conclusions to be drawn from any experience
     gained during transport activities .
                          Article 10
                     Training of workers
Without prejudice to Article 12 of Directive
89 / 391 /EEC, the employer shall take the necessary
measures to ensure that workers engaged in transport
activities receive suitable training, particularly on the
risks which these activities involve and on the steps to be
taken to reduce the likelihood and severity of accidents
and to minimize their effects . Worker training shall
include emergency evacuation practise and rescue drills
according to the type of transport and the working
conditions .
 ---pagebreak---  No C 294 / 12                          Official Journal of the European Communities                             30 . 10 . 93
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                           Article 11
    Consultation of workers and workers' participation
 Consultation and participation of workers and/or their           Consultation and participation of workers and/or their
 representatives shall take place in accordance with              representatives shall take place in accordance with
Article 11 of Directive 89 / 391 / EEC on the matters             Article 11 of Directive 89 / 391 / EEC on the matters
 covered by this Directive, including the Annexes thereto,        covered by this Directive, including the Annexes thereto,
particularly with a view to implementing Articles 4 , 6           particularly with a view to implementing Articles 3, 4, 6
 and 8 .                                                          and 8 .
                         SECTION III
              MISCELLANEOUS PROVISIONS
                          Article 12
                 Amendments to the Annexes
Strictly technical amendments to the Annexes II and III
as a result of :
— the adoption of Directives on transport safety or
    technical harmonization and standardization of the
    design, manufacture or construction of means of
    transport and parts of workplaces, and/or
— technical progress, changes in international regu­
    lations or specifications and knowledge with regard
    to transport activities,
shall be adopted in accordance with the procedure laid
down in Article 17 of Directive 89 / 391 / EEC .
                          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 1994 at the
latest. They shall forthwith inform the Commission
thereof.
The provisions adopted pursuant to this paragraph
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.    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 .
 ---pagebreak---  30 . 10 . 93                                 Official Journal of the European Communities                                No C 294 /.13
                        ORIGINAL PROPOSAI                                                    AMENDED PROPOSAL
 3 . Member States shall report to the Commission                        3 . Member States shall report to the Commission
every five years on the practical implementation of the                  every five years on the practical implementation of the
provisions of this Directive, indicating the points of view              provisions of this Directive, indicating the points of view
of employers and workers . The Commission shall inform                   of employers' and workers' organizations. The
the European Parliament, the Council , the Economic                      Commission shall inform the European Parliament, the
and Social Committee and the Advisory Council on                         Council, the Economic and Social Committee and the
Safety, Hygiene and Health Protection at Work.                          Advisory Council on Safety, Hygiene and Health
                                                                         Protection at Work.
                                                                         3a. The Commission shall forward periodically to the
                                                                         European Parliament, the Council and the Economic
                                                                         and Social Committee a report on the implementation of
                                                                        this Directive, taking into account paragraphs 1 to 3 .
                              Article 14
This Directive is addressed to the Member States .
                              A NNEX I
    LIST OF ACTIVITIES REFERRED TO IN ARTICLE 2
1 . Activities directly related to a means of transport which are
     performed outside the latter by workers whose normal work­
     station is on board .
                                                                                                        /
                                                          m
2 . Activities of workers on the infrastructure of an operational
    rail network if the workers are authorized to enter the safety
    clearance gauge of the network.
3 . Activities of workers on the external parts of aircraft on in
    traffic areas of airports if they are directly related to a means
    of transport.
4. Activities of workers during distribution and collection             4 . Activities of workers engaged in distribution and collection
      work on public highways involving frequent stops.                     work.
                                                                        4a. Activities of workers involved in passenger-carrying
                                                                            transport .
 ---pagebreak---   No C 294 / 14                               Official Journal of the European Communities                                  30 . 10 . 93
                         ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
                                ANNEX II
                                 PART A
  MINIMUM SAFETY AND HEALTH REQUIREMENTS
  FOR       WORKPLACES            ON     BOARD       MEANS        OF
  TRANSPORT REFERRED TO IN ARTICLE 3 OF THE
                               DIRECTIVE
    1.     PRELIMINARY NOTE
           The obligations laid down in this Annex apply whenever
           required by the features of the means of transport, the
           workplace, the activity, the circumstances or a hazard.
   2.      STABILITY, SOLIDITY                                           2.   STABILITY, SOLIDITY
           Workplaces on board means of transport must have a                 Workplaces on board means of transport must have a
           structure and solidity appropriate to the nature of their          structure and solidity appropriate to the nature of their
           use .                                                              use and safety of workers using them.
   3.      ELECTRICAL         INSTALLATIONS       AND     ENERGY
           SOURCES
          The electrical installations must not present a fire or
          explosion hazard ; persons must be adequately protected
           against the risk of accidents caused by direct or indirect
          contact .
          The electrical installations and the protective devices
          must be appropriate to the voltage, external conditions
          and the competence of persons with access to parts of
          the installations .
          It must be possible for emergency, safety, control and
          signalling equipment to continue functioning in the
          event of failure, fire or immersion of their main power
          supply.
   4.     EMERGENCY ROUTES AND EXITS
   4.1 .  Workplaces which may be occupied whilst the means of
          transport is in motion
V
  4.1.1 . Emergency routes and exits to a safe area on board the
          means oftransport
          Workplaces which may be occupied whilst the means of
          transport is in motion and at rest must provide access to
          a safe area on board . There must be a sufficient number
          of emergency routes and exits .
 ---pagebreak--- 30 . 10 . 93                                   Official Journal of the European Communities                                No C 294/ 15
                        ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
          The emergency routes and exits and the traffic routes
          and doors giving access to them must be free from
          obstruction so that they can be used at any time without
          hindrance .
          It must be possible for closed emergency doors to be
          opened easily and immediately by any person in an
          emergency .
          Emergency routes and exits requiring illumination must               Emergency routes and exits requiring illumination must
         be provided with emergency lighting of adequate                       be provided with emergency lighting of adequate
          intensity in case the lighting fails. Emergency routes and           intensity in case the lighting fails. Emergency routes and
          exits must be marked according to the type and                       exits must be marked clearly and visibly according to the
          complexity of the means of transport, in accordance                  type and complexity of the means of transport, in
         with national regulations transposing Directive                       accordance with national regulations transposing
          77 / 576 / EEC into law .                                            Directive 77 / 576 / EEC into law .
          Depending on the means of transport drivers' cabs may
         be exempted from the provisions of this paragraph.
 4.1.2 . Emergency doors ofand exits from the means oftransport
         Means of transport must be able to be evacuated under
         conditions of maximum safety. If the normal access
         facilities do not allow sufficiently rapid evacuation, there
         must be a sufficient number of emergency exits for the
         number of workers and other persons on board .
         The emergency doors and exits from the means of                       The emergency doors and exits from the means of
         transport must remain closed and, if necessary, bolted                transport must remain closed and, if necessary, bolted
         for as long as the safety of the means of transport and               for as long as the safety of the means of transport and
         the user himself so requires .                                        the user himself so requires . When it is necessary to
                                                                               secure such an exit, the securing mechanism must be
                                                                               simple and quick to release . Easily understandable
                                                                               pictorial or written instructions on the method of release
                                                                               must be provided or prominently displayed and all
                                                                               personnel will receive training on their use.
         Depending on the type and size of the means of
         transport and the number of people it can take on
         board, adequate rescue and survival equipment must be
         available to ensure that :
         — the emergency exits can be opened,
         — the means of transport can be evacuated safety and
              in good time,
         — that safety is maintained after evacuation.
         Specific emergency routes and exits must be indicated                 Specific emergency routes and exits must be indicated
         by signs in accordance with the national regulation;;                 by clear and visible signs in accordance with the national
         transposing Directive 77 / 576/EEC into law.                          regulations transposing Directive 77/ 576/EEC into law.
 ---pagebreak--- No C 294 / 16                                Official Journal of the European Communities                                30 . 10 . 93
                      ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
 4.2 . Workplaces which are only occupied when the means of
        transport is at rest
       Workplaces which are occupied only when the means of
       transport is at rest must, in the event of danger, be able
       to be evacuated rapidly and in conditions of maximum
        safety for workers . Doors should not be so locked or
        fastened that they cannot be easily and immediately
       opened by any person who may require to use them in
        an emergency .
       Emergency routes and exits requiring illumination must
       be provided with emergency lighting of adequate
       intensity in case the lighting fails.
 5.    FIRE DETECTION AND FIRE FIGHTING
 5.1 . Depending on the dimensions and use of the means of
       transport, the equipment contained therein, the physical
       and chemical characteristics of the substances present
       and the maximum potential number of people present,
       workplaces must be equipped with appropriate fire­
       fighting equipment and as necessary, with fire detectors,
       monitoring equipment and alarm systems.
5.2 .  Non-automatic fire-fighting equipment must be easily
       accessible and simple to use .
       The equipment must be indicated by signs in accordance
       with the national regulations transposing Directive
       77 / 576 / EEC into law .
       Such signs must be placed at appropriate points and be
       made to last.
6.     VENTILATION OF ENCLOSED WORKPLACES
       Steps shall be taken to ensure that there is sufficient
       fresh air in enclosed workplaces having regard to the
       working methods used and the physical demands placed
       on the workers .
       If there is a ventilation system it shall be maintained in            Ventilation systems shall be maintained in working
       working order.                                                        order .
       Where ventilation is necessary to protect workers'
       health, breakdowns in the ventilation system must be
       indicated by a control system .
                                                                             Appropriate measures must be taken for the protection
                                                                             of workers who are non-smokers against discomfort and
                                                                             health risks caused by tobacco smoke through the
                                                                             provision of separate enclosed areas for smokers and
                                                                             non-smokers . Where this provision is not possible or
                                                                             available smoking must be prohibited .
 ---pagebreak--- 30 . 10 . 93                                 Official Journal of the European Communities                                 No C 294 / 17
                        ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
 7.       ROOM TEMPERATURE
 7.1      During working hours the temperature in rooms                 7.1 .  During working hours the temperature in rooms
          containing workplaces must be adequate for human                     containing workplaces must be within parameters
          beings, having regard to the working methods used and                consistent with the safe performance of duties, having
          the physical demands placed on the workers .                         regard to the working methods used and the physical
                                                                               demands placed on the workers .
 7.2      Those parts of a means of transport liable to cause burns
          to workers or to cause release of excessive heat must be
          insulated and/or protected by adequate means .
 8.      NATURAL AND ARTIFICIAL LIGHTING
 8.1     Workplaces and traffic routes on board means of
         transport must as far as possible receive sufficient
          natural light and be equipped with artificial lighting
          adequate for the protection of workers' safety and
         health .
 8.2     Workplaces in which workers are especially exposed to
         risks in the event of the failure of artificial lighting must
         be provided with emergency lighting of adequate
         intensity.
 8.3     The artificial lighting used and the dashboard lighting
         may not dazzle drivers or cause confusion as to the
         signals.
 9.      FLOORS, WALLS, CEILINGS
 9.1     The floors of workplaces must be of non-slip material          9.1 . The floors of workplaces must be slip resistant unless
         unless this is incompatible with the specific purpose of             this is incompatible with the specific purpose of the floor
         the floor in question. There must be no obstacles on the             in question. There must be no obstacles on the floor
         floor other than those which are essential to the proper             other than those which are essential to the proper func­
         functioning of the means of transport, and these must be             tioning of the means of transport, and these must be
         made conspicuous through such means as use of                        made conspicuous through such means as use of
         contrasting colour or appropriate marking.                           contrasting colour or appropriate marking.
         If a means of transport is equipped with ball mats where
         the workers must have access for loading, unloading
         and storage, non-slip areas must be provided to allow
        workers to move around .
9.2 .   Transparent or translucent walls, in particular all-glass
        partitions, in rooms or in the vicinity of workplaces and
        traffic routes must be clearly indicated and made of
        safety material or be shielded from such places or traffic
        routes to prevent workers from coming into contact
        with walls or being injured should the walls shatter.
 ---pagebreak---  No C 294 / 18                                Official Journal of the European Communities                                 30 . 10 . 93
                         ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
  9.3 .   External parts of means of transport which do not offer
         sufficient resistance to the weight of workers and their
         equipment must be clearly marked .
 10 .    DOORS
 10.1 .  Transparent doors must be appropriately marked at a
         conspicuous level . This does not apply if such a sign
         would restrict the driver's field of vision .
 10.2.   Swing doors and gates must be transparent or have
         see-through panels.
 10.3 .  If the doors are located at a different height from the
         access level, handles or other suitable devices must be
         fitted to facilitate getting in and out.                                                                        »
10.4 .   If transparent or translucent surfaces in doors and gates
         are not made of safety material and if there is a danger
         that workers may be injured if a door or gate should
         shatter, the surfaces must be protected against breakage.
10.5 .   Sliding doors must be fitted with a safety device to
         prevent them from being derailed and falling over.
10.6 .   Doors and gates opening upwards must be fitted with a
         mechanism to secure them against falling back.
10.7.    Mechanical doors and gates must function in such a way         10.7. Mechanical doors and gates must function in such a way
        that there is no risk of accident to workers and people               that risk of accident or injury to workers and people
        being transported -                                                   being transported is minimal.
        They must be fitted with easily identifiable and
         accessible emergency shut-down devices and, unless they
        open automatically in the event of a power failure, it
        must also be possible to open them manually.
  i
1 1.    TRAFFIC ROUTES — DANGER AREAS
             t
11.1 .  Traffic routes on board means of transport including
        stairs, fixed ladders and loading bays and ramps, must
        be designed to ensure easy, safe and appropriate access
        for pedestrians or vehicles in such a way so as not to
        endanger workers employed in the vicinity of these
        traffic routes .
        Ladders and removable staircases must be fixed securely
        and if necessary they must be fitted with guardrails and
        handrails .
11.2.   The dimensions of the traffic routes for persons and/or
        goods must be dependent on the potential number of
        users and the type of the means of transport.
        Whilst work equipment is being moved along traffic
        routes an adequate safety distance shall be provided for
        pedestrians.
                                                       »
 ---pagebreak--- 30 . 10 . 93                                 Official Journal of the European Communities               No C 294 / 19
                        ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
          When vehicles are being moved by transhipping devices
          the latter must be placed so as to allow workers to move
          around and to carry out their tasks in safety.
                  \
11.3 .    Sufficient clearance must be allowed between vehicle
          traffic routes and doors, passages for pedestrians,
          corridors and staircases .
11.4.    Where the use and equipment of rooms so requires for
          the protection of workers, traffic routes must be clearly
          identified .
11.5 .    If the workplaces contain danger areas in which, owing
          to the nature of the work, there is a risk of the worker
          or objects falling, the places must be equipped, as far as
         possible, with devices preventing unauthorized workers
          from entering these areas.
         Appropriate measures must be taken to protect workers
          authorized to enter danger areas.
         Danger areas must be clearly indicated.
12 .     ACCESS TO MEANS OF TRANSPORT
12.1 .   Access to means of transport must be appropriate in
         respect of height differences, the number of persons and
         the type of loads transported.
12.2.    Access to means of transport must be appropriate to the
         type of means of transport, must be either securely
         attached or joined so as to prevent any inadvertent
         movement during access, and must be equipped with
         sufficient protection to prevent workers from falling.
13 .     WORKSTATIONS
         Work stations on board means of transport must be
         economically designed and must have sufficient space
         to ensure freedom of movement for the workers .,
         particularly when carrying out their duties. With regard
         to drivers' cabins the second of the two provisions in
         this paragraph shall apply only as far as practicable and
         shall depend on the type of means of transport.
 ---pagebreak---  No C 294 / 20                                 Official Journal of the European Communities               30 . 10 . 93
                       ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
 14 .    FIRST AID AND RESCUE EQUIPMENT
        Workplaces must be fitted with first aid and rescue
         equipment of a capacity commensurate with the
         maximum number of persons likely to be on board,
        raised by a safety factor.
        The equipment must be suitably marked and easily
        accessible .
 15 .   HANDICAPPED WORKERS
        Workplaces must be organized to take account, if
        necessary, of handicapped workers carrying out duties
        there .
16 .    OUTDOOR                 WORKPLACES                (SPECIAL
        PROVISIONS)
        When workers are employed at workstations outdoors,
        such workstations must as far as possible be organized
        so that workers :
        (a) are protected against inclement weather conditions
             and, if necessary, against falling objects ;
        (b) are not exposed to harmful noise levels nor to
             harmful external influences such as gases, vapours or
             dust ;
        (c) are able to leave their workstations swiftly in the
             event of danger or are able to be rapidly assisted ;
        (d) cannot slip or fall ;
        (e) are not directly endangered by traffic.
                              PART B
MINIMUM SAFETY AND HEALTH REQUIREMENTS
CONCERNING SANITARY FACILITIES, REST ROOMS
AND LIVING AREAS TO BE IMPLEMENTED IN
ACCORDANCE WITH THE PROCEDURES PROVIDED
      FOR IN ARTICLE 4 ( 1 ) OF THE DIRECTIVE
1.    GENERAL
      Points 2, 3, 4, 5 , 6, 7.2 , 8 , 9, 10, 14 and 15 of part A of
      this Annex apply mutatis mutandis to the sanitary
      facilities, rest rooms and living quarters to the extent
      dictated by the circumstances or the risk.
 ---pagebreak---  30 . 10 . 93
 /
                                             Official Journal of the European Communities                                  No C 294 / 21
                        ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
 2.      REST ROOMS AND REST AREAS
 2.1 .   Where the safety and health of workers, in particular
         because of the type of activity carried out or the presence
         of more than a certain number of employees, so require,
         workers must be provided with an easily accessible rest
         room or appropriate rest area.
2 .2 .   Rest rooms and rest areas must be equipped with tables        2 . 2.. Rest rooms and rest areas must be equipped with tables,
         and seats with backs .                                                seats with backs and drinking water.
2.3.     In rest rooms and rest areas appropriate measures must
         be introduced for the protection of non-smokers against
         discomfort caused by tobacco smoke.
                                                                       2.3a. Where rest rooms are required in accordance with
                                                                               paragraph 2.1 , workers or their representatives shall have
                                                                               the right to use such rooms and areas for the purposes set
                                                                               out in Article 9 .
3.      PREGNANT WOMEN
        Pregnant women must be able to lie down to rest in
        appropriate conditions.
4.      SANITARY EQUIPMENT
4.1 .   Changing rooms and lockers
4.1.1 . Appropriate changing rooms must be provided for
        workers if they have to wear special work clothes and
        where, for reasons of health or propriety, they cannot be
        expected to change in another place.
        Changing rooms must be easily accessible and of
        sufficient capacity.
4.1.2. Changing rooms must have facilities to enable each
        worker to lock away his clothes during working hours.
        If circumstances so require (e.g. dangerous substances,
        humidity, dirt) lockers for work clothes must be separate
        from those for ordinary clothes.
4.1.3. Provision must be made for separate changing rooms or
        separate use of changing rooms for men and women.
 ---pagebreak--- No C 294 / 22                                 Official Journal of the European Communities                                  30 . 10 . 93
                        ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
4.2 .   Showers, lavatories and washbasins
4.2.1 . Workplaces must be fitted out in such a way that workers
        have near at hand :
            showers, if required by the nature of their work,
            special facilities equipped with an adequate number of
            lavatories and washbasins .
4.2.2. The showers and washbasins must be equipped with
        running water (hot water if necessary).
4.2.3 . Provision must be made for separate showers or separate
        use of showers for men and women.
        Provision must be made for separate lavatories or
        separate use of lavatories for men and women.
5.      LIVING QUARTERS
5.1     The location, structure, fittings and equipment of living
        quarters for crews and service areas and means of access
        to them must be such that they ensure adequate
        protection against the danger of traffic, inclement
        weather, nuisances due to noise and vibration and gases
        and fumes emitted in other parts of the means of
        transport and likely to disturb the workers' rest outside
        working hours.
        Appropriate measures must be taken for the protection of              Appropriate measures must be taken for the protection of
        non-smokers against discomfort caused by tobacco                      non-smokers against discomfort and health risks caused
        smoke .                                                               by tobacco smoke through the provision of separate
                                                                              enclosed areas for smokers and non-smokers .
5.2 .   The kitchen and/or cooking recesses must be easy to             5.2 . The kitchen and/or cooking recesses shall be provided at
        keep clean. If required there must be sufficient food                 appropriate places having regard to the number of
        storage and refrigeration facilities.                                 workers using the workplace and must be easy to keep
                                                                              clean. If required there must be sufficient food storage
                                                                              and refrigeration facilities.
6.      ROOM TEMPERATURE
        The temperature in rest areas and rooms, living quarters,
        rooms for duty staff, sanitary facilities and canteens must
        be appropriate to the particular purpose of such areas and
        rooms .
 ---pagebreak---  30 . 10 . 93                               Official Journal of the European Communities                            No C 294 / 23
                        ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                              ANNEX III
MINIMUM SAFETY AND HEALTH REQUIREMENTS
FOR      TRANSPORT          ACTIVITIES      REFERRED       TO     IN
                              ARTICLE 6
 1.     PRELIMINARY NOTE
        The provisions of this Annex apply whenever the charac­
        teristics of the means of transport, the acitivities or the
        circumstances or a hazard so require.
2.      GENERAL ORGANIZATIONAL MEASURES AND
        METHODS            APPLICABLE        TO      TRANSPORT
        ACTIVITIES
2.1 .   The employer must arrange for the planning of the route
        to be taken and its timing taking account of the load and
        the weather conditions and evaluating the traffic
        conditions and the risks inherent in various possible
        routes. If necessary, one or more alternative routes must
        be suggested to the driver. The employer shall take
        adequate steps to ensure that the driver is able to take
        account of any changes in the basic conditions during the
        journey.
2.2 .   The employer shall ensure that the workers' daily             2.2. Recognizing that working hours are a crucial factor in
        working hours are interrupted by a sufficient number of            transport safety the employer shall ensure that the
        breaks of sufficient length to safeguard the health of the         workers' daily working hours are so regulated and inter­
        workers and to take account of their sanitary needs.               rupted by a sufficient number of breaks of sufficient
                                                                           length to safeguard their health and safety and take
                                                                           account of their sanitary needs. Employers shall subject
                                                                           working hours and rest periods to regular review with a
                                                                           view to progressive improvements in safety while main­
                                                                           taining improvements already achieved.
2.3 .   In the case of combined transportation, the employer
        shall, if necessary in cooperation with the other employer,
        ensure that workers accompanying means of transport on
        board another means of transport also benefit from the
        provisions of paragraph 1 or 2 of Article 4 of the presenu
        Directive .
2.4.    The employer shall take steps to ensure that workers
        handing over to those relieving them at a workstation
        located on board a means of transport can, when handing
        over, provide any necessary information on faults they
        have observed .
2.5 .  The measures to be taken and the methods to be
        deployed to deal with serious situations which can arise
        during transport activities must be determined in the light
        of the means of evacuation and the protection and rescue
        equipment required and the number of workers and other
       persons involved.
2.6.   The employer shall ensure that a competent person who
       is familiar with the factors determining the stability of the
       means of transport under all loading, unloading and
       transport conditions supervises loading and unloading
       operations. This person may take an active part in such
       operations .
 ---pagebreak--- No C 294/24                                 Official Journal of the European Communities                                     30. 10. 93
                        ORIGINAL PROPOSAL                                                  AMENDED PROPOSAL
2.7.    The condition of the load and of the means of transport       2.7.   The condition of the load and of the means of transport
        must be monitored during the journey depending on the                must be monitored during the journey depending on the
        means of transport involved, the route, the features of the          means of transport involved, the route, the features of the
        load and the weather conditions. If it is not possible to             load and the weather conditions. If dangers to safety are
        guarantee an adequate level of safety, the transport                 detected by those responsible, the transport activity must
        activity must be adapted to suit the changed circum­                 be adapted to remove the danger. The transport activity
        stances, interrupted or suspended as necessary.                      must be interrupted or suspended as necessary.
2.8 .   Devices must be provided to prevent untimely shifting of
        accessories and equipment used during transport in order
        to ensure that they do not constitute a danger for the
        workers.
2.9.    Any potential source of ignition must be kept away from
        areas where there is a fire or explosion hazard . These
        areas must be marked clearly and permanently and
        smoking there must be prohibited.
2.10. Measurement and/or warning devices must be available
        in as far as the safety of workers or other persons require
        it.
2.11 . Whilst a means of transport is being repaired, suitable
        steps to protect workers should be taken, and should
        include an adequate display of warning signs.
3.      SPECIFIC ORGANIZATIONAL MEASURES                      FOR
        VARIOUS TYPES OF TRANSPORT
3.1 .   Transport on water
3.1.1 . The employer shall ensure that vessels are properly
        crewed, taking into account the type, the cargo ancl the
        navigational zone and length of voyage. The crew must
        be able to use the rescue and evacuation equipment
        correctly.
3.1.2 . Before departure, arrangements must be made to ensure         3.1.2. Before departure, arrangements must be made to ensure
        that the vessel is seaworthy, that it is fitted out and              that the vessel is seaworthy, that it is fitted out and
        equipped properly and that there are sufficient provisions,          equipped properly and that there are sufficient provisions,
        fuel and spare parts. Emergency, safety, control and                 fuel and spare parts. Emergency, safety, control and
        signalling equipment must be provided and kept in fully              signalling equipment must be provided and kept in fully
        operational condition . Ocean-going vessels must have                operational condition. Ocean-going vessels must have
        sufficient quantities of drinking water on board or an               sufficient quantities of drinking water on board or an
        installation for producing sufficient drinking water.                installation for producing sufficient drinking water.
        Liquefied gas tanks on vehicles on board the vessel must             Liquefied gas tanks on vehicles on board the vessel must
        be locked .                                                          be secured against leakage.
3.1.3 . Docking, towing and anchoring manoeuvres must be
        executed so as not to endanger workers' safety. There
        must be a reliable system for the transmission of the
        corresponding orders to the stations involved in the
        manoeuvre .
 ---pagebreak---  30. 10 . 93                                 Official Journal of the European Communities                                No C 294/25
                          ORIGINAL PROPOSAL                                                   AMENDED PROPOSAL
3.1.4. When formation of ice on vessels is liable to compromise
         their stability, suitable measures must be taken so that the
        workers can de-ice in safety.
3.1.5 . Tugs must be equipped with a towing hook which can be
        disengaged without danger from the control room.
3.1.6. Pusher platforms must be so designed that workers can
        pass from one boat to another easily and in safety,
        particularly at the start of tying-up alongside.
3.2 .   Air transport
3.2.1 . If the paths of means of transport moving around the
        apron cross at the same level, traffic must be planned
        depending on the type of the means of transport and
        traffic rules must be laid down .
3.2.2. During towing manoeuvres a reliable means of communi­
        cation must be used between the person in charge of
        operations and the towing dolly with , if necessary,
        recourse to an intermediary to ensure safety. In this case,
        the system of communication must be such that the inter­
        mediary is protected from the risks associated with the
        manoeuvres. The responsibilities of all persons involved
        must be clearly determined in advance.
3.2.3 . If journeys include rapid changes of time zone which           3.2.3 . If journeys include rapid changes of time zone which
        have an appreciable effect on the circadian rhythm, the                have an appreciable effect on the circadian rhythm, the
        employer must give the workers periods of rest to make                 employer must give the workers periods of rest to make
        up for this .                                                          up for this and will take account of the requirements of
                                                                               point 2.2 of this Annex.
3.3 .   Rail transport
3.3.1 . The employer shall ensure that workers on the permanent
        way are protected against the dangers from rail vehicles
        and live conductors, where necessary by temporary
        shutdown of the network sections concerned.
3.3.2. The employer responsible for the permanent way must
        ensure that this is maintained in good operating
        condition, particularly in respect of the safety of workers .
        He must ensure that an adequate means of signalling is
        provided and kept in good operating condition through
        regular maintenance .
3.3.3 . The employer shall take adequate steps to ensure that
        workers working on the network are warned of the
        approach of rail vehicles.
                              «
                                                                                   *
 ---pagebreak--- No C 294 / 26                                Official Journal of the European Communities                                        30 . 10 . 93
                       ORIGINAL PROPOSAL                                                      AMENDED PROPOSAL
        Workers shall not enter tunnels or other narrow areas
        within the safety clearance gauge while these sections of
        the rail network are in use, unless such areas have safety
        zones within easy reach.
3.3.4 . Drivers of means of transport on railway networks must
        have a reliable means of communication with their
        director of operations . If the driver is alone on the means
        of transport he must be able to communicate verbally
        with the passengers.
3.4.    Road transport
3.4.1 . The employer must ensure that road vehicles transporting
        travellers or goods have sufficient crew taking into
        account the type of the means of transport, the load , the
        manner of loading and the duration of the stages and the
        total journey to be completed.
3.4.2 . The employer may only allow workers to lie down or             3.4.2 . The employer may only allow workers to lie down or
        sleep on board vehicles in motion if they are equipped                 sleep on board vehicles in motion if they are equipped
        with couchettes of sufficient size, accessible from the                with suitable berths of sufficient size, accessible from the
        driver's cabin and equipped to ensure passive protection               driver's cabin and equipped to ensure passive protection
        in the event of an accident.                                           in the event of an accident.
3.4.3 . Spare wheels must be attached securely to vehicles. If
        necessary a device must be provided to allow them to be
        fitted and detached easily.
3.4.4. During distribution and collection operations involving         3.4.4. During distribution and collection operations involving
        frequent stops, the employer must, as far as possible,                 frequent stops, the employer must, as far as possible or
        ensure that the tour is so organized that workers do not               necessary, ensure that the tour is so organized that
        have to cross road traffic. When workers are standing on               workers do not have to cross road traffic. The employer
        running boards or foot rests on the outside of the vehicle             will base the assessment of necessity on the likely scale of
        the vehicle speed shall be limited to walking speed. This              traffic flow at various points on the tour. Suitable seats
        may only be exceeded if the workers sit down on suitable               must be provided to avoid the need for workers to stand
        seats .                                                                on running boards or foot rests when the vehicle is in
                                                                               motion .