CELEX: 51988PC0073
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL DIRECTIVE on the introduction of measures to encourage improvements in the safety and health of workers at the workplace (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(88 ) 73 final
                                                Brussels , 7 March 1988
                                Proposai for a
                              COUNCIL DIRECTIVE
 on the introduction of measures to encourage improvements in the safety
                  and health of workers at the workplace
                       ( presented by the Commission )
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 ---pagebreak---                                  EXPLANATORY MEMORANDUM
 1.   Legal basis
The proposal is based on Article 118A of the EEC Treaty .
It falls within the ambit of the Commission 's Communication on its programme
concerning safety , hygiene and health at work *.
                                                                      2
The proposal is linked to the completion of the internal market         on the
                              3
basis of the new approach .
2.   Aims
The main aims of the proposai are :
-    to improve the safety and health of workers at the workplace ;
-    to provide a " social element " to complement the economic objectives of
     completion of the internal market .
   COM ( 87 ) 520 - Council Resolution 88 /C28 /01 of 21.12.1987 , OJ C 28 of
     3.2.1988
   Commission 's White Paper on completion of the internal market
     ( COM 85 ( 310 ) final )
   Council Resolution of 7.5.1985 - OJ C 136 of 4.6.1985 .
                                                                               I
 ---pagebreak---                                           - 2 -
 The proposal is designed to improve the safety and health of workers at the
 workplace by laying down provisions relating to structures , employer/worker
  relations and administration , as well as provisions concerning workers and
  their representatives and consultations between management and labour to
 promote the prevention of occupational hazards .     These provisions will apply
  to every kind of undertaking .
 In drawing up this proposal the Commission has taken account of the specific
 nature of small and medium-sized undertakings . To this end , the proposal
 provides that the application of the provisions of the Directive may be
 modulated to take account of the size of the undertaking and " socio-economic
 factors ". Member States should apply the same principles when implementing
 the provisions of the Directive at national level .
 3 . The proposal in relation to national laws and regulations
 Laws and regulations concerning safety at work and its organization have
 existed in Member States of the European Community for a very long time . For
 example :
- rules concerning general hygiene and safety measures were introduced in
     France in 1913 ;
- a law giving powers to introduce health and safety regulations was adopted
     in Italy in 1955 ;
- in Greece , a Decree of 1934 details the requirements regarding the health
     and safety of manual and clerical workers ;
- in Germany , the Industrial Code of 1869 provides the technical basis for
     safety protection at the workplace .
Of course the above laws , regulations and decrees as well as the ones existing
 in the other Member States have been regularly amplified , updated and
superseded by newer and more modern approaches . Thus for example :
-    in the Netherlands the ARBO ( Work Environment ) Act was adopted in 1980 for
     the protection of health , safety and welfare at work ;
-    the Working Environment Act in Denmark came into force in 1977 , with the
     objective of creating safe and healthy working conditions reflecting the
     technological and social development of society ;
- the Health and Safety at Work Act of 1974 in the United Kingdom is a
     framework act which has repealed or modified many of the previous acts in
     this field . On the basis of this act a large amount of subordinate
     legislation in the form of regulations has been adopted ;
- the Safety in Industry Act of 1980 in Ireland updates and extends the
 ---pagebreak---                                           3
 A comparative analysis of the laws and regulations existing at present in
Member States shows that a significant part of the field covered by the
present Directive is already covered in various national laws and
regulations . Nevertheless , none of the national legislations covers all the
aspects of the organization of safety at the workplace outlined in the present
Directive .  Furthermore , such measures as do exist are often not comparable .
Accordingly , and taking into account the objective of harmonizing conditions
for the health and safety of workers while maintaining the improvements made ,
as laid down in paragraph 1 of Article 118A , the Commission proposes , in
accordance with paragraph 2 of Article 118A , a set of measures designed to
improve prevention of risks and protection of health at work .
The following general comments can be made with regard to the national laws
and regulations as compared with the Directive .
The work activities covered and the definitions of " worker" in the various
above-mentioned national laws and regulations vary considerably .
In a number of instances , work activities such as transport by land , sea or
air , posts and telecommunications , agriculture , fishing and private households
are excluded .
In several legislations public-service and domestic-service employees are not
covered . Students in technical education are expressly covered in most
legislations . Self-employed people are generally excluded .
In all the legislations it is the duty of the employer to ensure a safe
workplace for the workers , the rider " as far as is reasonably practicable "
being added in a number of instances . In all the legislations , therefore , the
                                                                                  H
 ---pagebreak---                                           4
 employer is tacitly responsible for the organization of safety in the
 undertaking . However , a systematic approach to risk analysis and the
 development of preventive actions is not clearly specified in most
 legislations .
The duty of employees to cooperate with the employer in promoting safety at
 the workplace is clearly spelled out in most legislations .
Some national legislations specify the right of the worker to withdraw from
working conditions which he has reason to believe pose a grave and imminent
threat to his life or health . In several instances , workers have a duty to
take direct action in cases of emergency within their areas of responsibility
and to notify the employer of potential dangers .
Although the rationale   underlying the enlargement of worker participation in
occupational safety is   similar in the legislations of Member States , the
arrangements that have   been adopted for this purpose are varied . Basically ,
three types of systems   for worker involvement in safety matters may be
distinguished :
-   systems in which works councils set up under statute law occupy a central
    place and in which safety delegates or safety committees play only a
    secondary role ;
-   systems in which joint safety committees form the main channel of
    participation ;
-   systems in which the law does not require the establishment of either
    general or specialized bodies with health and safety responsibilities , but
    allows for the appointment of safety delegates or safety representatives .
In several Member States both general and specialized bodies play a role ,
their character depending largely on prevailing traditions in the field of
industrial relations .
 ---pagebreak---                                        - 5 -
 The extent to which worker representatives will be able to carry out their
 tasks and to make use of the rights given to them would seem to depend on at
 least three conditions :
 -  time off to perform their functions ;
 - protection against dismissal or against other adverse treatment related to
    their activities as worker representatives ; .
- a right to the training needed for their activities or time off to receive
    such training .
In the majority of Member States , the legislation provides for time off for
acting as representative and receiving the relevant training , as well as for
protection against unfair treatment .
The provisions adopted for this purpose are not completely identical , however .
In most of the Member States the legislation provides worker representatives
with a general right to information on safety at work . . The employer is
basically under an obligation to give adequate or appropriate information to
worker representatives , although the wording of the provisions concerned
varies and the legislation is more detailed on this point in some Member Stres
than in others . In most of them the legislation says that it is the
employer 's duty to disclose all information which worker representatives
reasonably need to carry out their tasks .
fin increasing number of legislations require employers to keep records of the
occurrence of accidents and the presence of dangerous products . In several
instances workers' representatives responsible for safety have the right of
access to these records and to all reports and documents related to safety
which the employer is legally required to keep .
                                                                                 &
 ---pagebreak---                                            б
All Member States' legislations contain requirements regarding first aid and
fire fighting .   However , the composition and maintenance of the necessary
equipment and facilities , and the requirements in terms of available personnel
and training and the information of workers , are often not spelled out .
Safety services at the level of the undertakings are generally not mandatory
in the legislation of Member States .
4 . Characteristics of the proposai
As provided for in Article 118A of the EEC Treaty , the proposal sets out
minimum requirements .
From the point of view of the safety and health of workers . Council Directive
80/ 1107/ EEC on the protection of workers from the risks related to exposure to
chemical , physical and biological agents at work is complementary to the
present proposal .
The measures proposed represent the necessary requirements from the point of
view of the safety and health of workers . They are confined to the most
indispensible aspects . The proposal defines the respective roles and
obligations of employers and workers in order to achieve these objectives .
Certain details concerning implementation are left to national legislations .
The proposed measures are designed to protect workers in all undertakings ,
irrespective of the size of the undertaking .    Provision has been made for
modulating the administrative constraints in certain cases , while maintaining
the same level of protection .
By virtue of its wide scope , the proposal covers sectors and types of work not
previously covered or not covered adequately in national laws and regulations
on health and safety .
In order that the necessary adaptations can be introduced , the proposal
provides for the establishment of a committee .
 ---pagebreak---                                          7 -
5 . Consultation of parties concernée!
Detailed consultations have been held on the proposal , and an opinion has been
given by the Advisory Committee on Safety , Hygiene and Health Protection at
Work ( Committee established by Council Decision 74 / 325 / EEC of 27.6.1974 - OJ L
185 of 9.7.1974 ). The Committee 's opinion was taken into account in the
drafting of the proposal .
6 . Content of the individual articles
-   Article 1 indicates the object of the Directive .
-   Article 2 specifies the scope of the directive by defining the key terms .
-   Article 3 defines the general obligation imposed on Member States .
-   Article 4 establishes the responsibility of the employer .
-   Article 5 lays down the general and specific obligations of the employer .
-   Article 6 establishes the need to appoint qualified persons , either from
    within the undertaking or from outside , to be responsible for the
    organization and introduction of preventive measures .
 ---pagebreak---                                         8
- Article 7 covers first-aid , fire-fighting and evacuation measures .
- Article 8 specifies the information to be held by the employer .
  Article 9 indicates the information to be provided to workers and the
  information to which they shall have access .
- Article 10 specifies the matters on which workers or their representati ves
  shall be consulted .
- Article 11 covers worker training .
- Article 12 defines the obligations imposed on workers .
- Article 13 provides for the adoption of specific directives .
- Article 14 establishes a committee .
- Articles 15 and 16 contain the final provisions .
 ---pagebreak---                              Proposal for a Council Directive
                on the introduction of measures to encourage improvements
                          in the safety and health of workers at
                                       the workplace
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 118A thereof ,
Having regard to the Commission proposal ( 1 ) drawn up after consultation with
the Advisory Committee on Safety , Hygiene and Health Protection at Work ( 2 ),
In cooperation with the European Parliament ( 3 ),
Having regard to the opinion of the Economic and Social Committee ( 4 ),
Whereas Article 118A of the Treaty provides that the Council shall adopt , by
means of directives , minimum requirements for encouraging improvements as
regards the health and safety of workers , especially in the working
environment ;
Whereas Article 118A also recommends that Directives shall avoid imposing
administrative , financial and legal constraints which would hold back the
creation and development of small and medium-sized undertakings ;
Whereas the Communication from the Commission on its programme concerning
safety , hygiene and health at work ( 5 ) provides for the adoption of directives
designed to guarantee the safety and health of workers ;
(D 0J .
( 2 ) Council Decisión 74 / 325/ EEC of 27.6.1974
( 3 ) OJ .
( 4 ) OJ .
( 5 ) COM ( 87 ) 520 final - Council Resolution 88 /C28 /01 of 21.12.1987 , OJ C 28
      of 3.2.1988
 ---pagebreak---                                           3
 Whereas the Council Resolution of 21 December 1987 on safety , hygiene and
 health at work took note of the Commission 's intention to submit to the
 Council in the near future a directive on the organization of the safety and
 health of workers at the workplace ;
 Whereas Member States have a responsibility to ensure the safety and health of
 persons on their territory , and of workers in particular ;
Whereas Member States' legislative systems differ widely with regard to the
prevention of work accidents and occupational diseases ;
Whereas the incidence of accidents at work is still regrettably high , and
preventive measures must be introduced or improved in order to guarantee the
 safety and health of workers ;
Whereas , in order to achieve the maximum degree of protection which is
reasonably practicable , it is essential that workers and their representati ves
be informed of the risks to their safety and health and of the measures
required to reduce or eliminate these risks , and be allowed to verify that the
necessary protective measures have indeed been taken ;
Whereas cooperation between employers and workers and workers' representati ves
must be strengthened ;
Whereas it is recognized as essential to take safety and health considerations
into account from the earliest stages of workplace design ;
Whereas employers must keep abreast of technological progress in order to
provide optimum safety and health protection for their workers ;
Whereas this Directive constitutes an overall social complement to various
technical harmonization directives designed to complete the internal market ,
and whereas it supplements the provisions of Directive 80/ 1107/ EEC of 27
November 1980 ;
                                                                                 t(-
 ---pagebreak---                                            4
Whereas it is planned , as of now , to establish specific provisions containing
measures liable to improve safety and health at work ;
Whereas a committee composed of members nominated by the Member States needs
to be set up to assist the Commission in implementing the supplementary
measures provided for by the Directive ;
HAS ADOPTED THIS DIRECTIVE
                                       Obi eet
                                      Article 1
The object of this Directive is the introduction of measures to encourage
improvements in the safety and health of workers at the workplace . The
Directive contains general principles concerning in particular the prevention
of occupational risks , the protection of safety and health and the informing ,
consultation and training of workers and their representatives , as well as
general principles concerning the implementation of such measures .
                                    Definitions
                                     Article 2
For the purposes of this Directive , the following terms have the meaning
hereby assigned to them :
-  workplace :
   any place to which the worker has access in the undertaking and/or
   establishment ;
 ---pagebreak---                                               5
 -   worker :
     any person who performs work in some form , including students undergoing
     training and apprentices ;
-    undertaking and / or establishment :
     a public-sector or private-sector entity engaging in particular in
     industrial , agricultural , commercial , administrative , educational , cultural
     or service activities ;
-    employer :
     the body or person in charge of the undertaking and / or establishment ;
-    prevention :
    all the provisions or measures taken or developed at each stage of the
    activities performed within the undertaking with a view to avoiding or
    reducing the occupational risks ;
-   occupational risk :
    any work-related situation liable to damage the physical or psychological
    safety and/or health of the worker , excluding accidents on the way to and
    from work .
                                         Article 3
Member States shall ensure that employers , workers and workers'
representatives comply with those provisions of this Directive which apply to
them .
                             Responsibility of the employer
                                         Article 4
1 . The employer shall be responsible for the safety and health of the workers
    in every aspect which is directly or indirectly related to the work in the
    undertaking and / or establishment .
 ---pagebreak---                                            6
2 . Where an employer calls in a specialist safety and health service or an
    outside consultant for organization of protective measures , this shall not
    discharge him from his responsibilities in this area .
3 . The obligations of the workers in these fields shall not affect the
    principle of the employer 's responsibility .
                             Obligations of the employer
                                       Article 5
1 . Within the context of his responsibilities , the employer shall take the
    necessary measures for the protection of the safety and health of workers ,
    including prevention of occupational risks and provision of information and
    training , as well as provision of the necessary organization and
    resources . The employer shall be constantly alert to the need to adjust
    these measures and improve existing situations .
2 . The employer shall put the following general preventive principles into
    practice , adapting them to match the specific conditions applying to his
    undertaking , including the size of the undertaking :
    -  combating the risks at source ;
    - adapting the work to the man ;
    - adapting to technical progress ;
    - replacing the dangerous by the non-dangerous or the less dangerous ;
    - developing a coherent overall prevention policy based on technology ,
       organization of work , working conditions and human relationships .
                                                                                IY-
 ---pagebreak---                                       - 7 -
3. The specific obligations on employers shall be as follows :
   a)  The employer shall evaluate the safety and health risks to workers in
       the choice of work equipment , the chemical substances or preparations
       used , and the design and fitting out of workplaces .
       Subsequent to this evaluation , the preventive measures , working
       methods and production methods introduced by the employer must provide
       the maximum protection that it is reasonably practicable to achieve in
       respect of the safety and health of the workers .
   b)  The safety and health measures taken by the employer must be
       integrated into all the activities of the undertaking and /or
       establishment and at all hierarchical levels .
   c)  The employer must ensure that adéquate considération is given to
       ergonomie principles , in particular as regards :
       - the design of workplaces ;
       - the choice of plant and equipment ;
       - the choice of working methods and production methods .
   d)  The employer must take the necessary measures to permit workers to
       organize their work in accordance with their capabilities where
       reasonably practicable .
   e)  In planning and organizing the work , the employer shall ensure that
       monotonous work involving repetitive activities of brief duration and
       work where the workrate is governed by a machine or conveyor belt such
       that the worker is prevented from influencing his workrate himself are
       avoided where reasonably practicable .
   f)  The planning and introduction of new technologies shall be undertaken
       in close cooperation with the workers and /or their representatives ,
       particularly in respect of the choice of equipment and the working
       conditions , including those aspects connected with the working
       environment and the physical and psycho-social well-being of the
       individual . Workers shall receive appropriate training .
 ---pagebreak---                                           8
   g)    When several undertak ings share a workplace , the employers shall
         coordinate their measures for the prevention of occupational risks ,
         and shall inform one another and their workers and / or workers'
         representatives of these risks .
                                 Preventive services
                                      Article 6
1. The employer shall designate from the supervisory staff one or more
   workers to be responsible for the organization of measures for the
   prevention of occupational risks in the undertaking and / or establishment .
2. If this is not feasible for lack of competent personnel in the undertaking
   and / or establishment , the employer shall enlist the services of competent
   outside agencies or individuals .
3. Where the employer calls in competent outside agencies or individuals , he
   shall inform them of the factors known to affect , or suspected of
   affecting , the safety and health of the workers .
4. In all cases , the workers designated from within the undertaking and /or
   the outside agencies or individuals consulted must have the necessary
   training and be sufficient in number to deal with the organization of
   preventive measures , taking into account the size of the undertaking
   and /or the hazards to which the workers are exposed and their distribution
   throughout the entire undertaking and / or establishment .
5. Member States shall define the size of undertakings in which the employer ,
   provided he is competent , may himself take responsibility for the measures
   referred to in paragraph 1 .
6. Member States shall define the training needed and the number of persons
   needed to fulfil the conditions set out in paragraph 4 of this article .
                                                                                /Cr-
 ---pagebreak---                                               9
                                          Article 7
 1 . The employer shall make the requisite arrangements for first-aid ,
      fire-fighting and evacuation of workers and other persons present , and
      shall arrange the necessary contacts with outside agencies , particuarly as
      regards first-aid , emergency medical care , rescue work and fire-fighting .
2 . For first-aid , fire-fighting and the evacuation of personnel , the employer
      shall designate the workers required to implement such measures .
     The number of such personnel , their training and the equipment available to
      them shall be commensurate with the size and / or specific hazards of the
     undertaking and / or establishment .
3 . The employer shall take precautionary measures to allow the worker to
     protect himself by immediately leaving the workplace if a serious ,
      imminent , unavoidable danger arises .
4 . The employer shall as soon as possible give details of these precautionary
     measures to all workers exposed , or likely to be exposed , to a risk of
     serious and imminent danger .
5 . In the event of a serious and imminent danger to his own safety and /or that
     of other persons , each worker shall be in a position to take the necessary
     measures to avoid the consequences of such a danger , on the basis of his
     own knowledge and the technical and hierarchical means at his disposal .
                                 Information to be held
                                        Article 8
1 . The employer shall :
     a ) be in possession of an analysis of existing risks to safety and health
         at the workplace ;
                                                                                   IT-
 ---pagebreak---                                                10 -
     b ) decide on the protective measures to be taken and , if necessary , the
          protective equipment to be used ;
     c ) keep a list of accidents and occupational diseases which have resulted
          in a worker being unfit for work for more than three working days ;
    d ) draw up a report on accidents and occupational diseases having resulted
          in , or liable to result in , partial permanent unfitness for work ,
          indicating the causes and the measures taken or to be taken .
2 . Member States shall establish the criteria for exempting undertakings from
    having to draw up the documents required to fulfil the obligations
    described in paragraph 1 ( a ) and ( b ) .
                                    Information of workers
                                           Article 9
1 . In accordance with the practices adopted in the Member States , which may
    take account in particular of the size of undertakings , the employer shall
    take appropriate measures to ensure that the workers and /or their
    representati ves in the undertaking or establishment receive adequate
    information concerning :
    a ) the safety and health risks and the preventive measures and activities
         in respect of the undertaking in general and in respect of each worker 's
         workstation and / or job ;
    b ) the measures taken pursuant to Article 7 , paragraph 4 .
    Such information shall also be provided to temporary workers and the
    employers of workers from outside firms present in the undertaking .
 ---pagebreak---                                               11
2 . Workers or workers' representatives with specific responsibility for the
    protection of the safety and health of workers shall have access to :
    a ) the risk analysis and analysis of protective measures referred to in
        Article 8 , paragraph 1 ( a ) and ( b );
    b ) the list and the report on accidents and occupational diseases referred
        to in Article 8 , paragraph 1 ( c ) and ( d );
    c ) the information yielded by preventive measures , inspection agencies and
        bodies responsible for safety and health .
                                  Consultation of workers
                                         Article 10
1 . Workers or their representatives with specific responsibility for safety
    and health shall be consulted in advance by the employer with regard to :
    -   any measure which may substantially affect health and safety ;
    -   the designation of persons referred to in Article 6 , paragraph 2 and
        Article 7 , paragraph 2 ;
    -   the information referred to in Article 6 , paragraph 1 and Article 9 ;
    -   the setting up of a specialist safety and /or health service or , where
        appropriate , the enlistment of an outside preventive service as referred
        to in Article 6 , paragraph 2 ;
        the planning and organization of the training referred to in Article 11 .
                                                                                  I®»-
 ---pagebreak---                                           12
2 . The consultation referred to in paragraph 1 may be restricted to the
    workers' representatives with specific responsibility for the protection of
    the safety and health of workers , on condition that there are enough of
    them .
3 . Workers and workers' representati ves with specific responsibility for the
    protection of the safety and health of workers shall not be placed at any
    disadvantage as a result of such activities .
4 . The employer shall ensure that workers' representatives with specific
    responsibility for the protection of the safety and health of workers are
    allowed time off work without loss of pay and are provided with the
    necessary equipment to enable them to fulfil their obligations arising from
    this Directive .
                                 Training of workers
                                     Article 11
1 . The employer shall ensure that each worker receives adequate safety and
    health training specific to his workstation or job :
    -  on recruitment
    -  in the event of a transfer or change of job
    -  in the event of a change in the work equipment .
    The training shall be adapted to take account of new or changed risks .
2 . The training referred to in paragraph 1 shall also be given , under the same
    conditions , to temporary workers present in the undertaking or
    establishment . The employer shall also ensure that workers from outside
    firms engaged in work in the undertaking and/or establishment have received
    training from their own firms appropriate to the work in which they are
    engaged .
 ---pagebreak---                                              13
3 . Workers' representatives with specific responsibility for the protection of
     the safety and health of workers shall be entitled to appropriate training .
4 . The training referred to in paragraphs 1 , 2 and 3 shall be provided during
    working hours and shall not be at the expense of the workers .
5 . Member States :
        shall ensure that guidelines are drawn up concerning the content and
        duration of the training courses provided for in paragraphs 1 and 3 ;
    -   shall establish general rules concerning the conditions under which this
        training shall be provided .
                                 Obligations on workers
                                       Article 12
1 . It shall be the duty of each worker during his working hours to take
    reasonable care of his own safety and health and that of all other persons
    affected by his actions or omissions at work .
2 . To this end , workers must :
    - make correct use of machinery , apparatus , tools , dangerous substances ,
        transport equipment and other means of production ;
    -   make correct use of the personal protective equipment supplied to them
        and , after use , return it to its proper place ;
    -   refrain from changing or removing unneces sari ly safety devices fitted to
        tools , pieces of apparatus , etc ., and use such devices correctly ;
                                                                                   2U
 ---pagebreak---                                           14
    -  notify the employer immediately of any safety and / or health hazards
       which they have noticed ;
   -   cooperate with their employer for as long as necessary in order to
       fulfil any tasks or requirements imposed by the responsible authority to
       protect the safety and health of workers ;
   - perform their tasks in accordance with the safety and health training
      and instructions they have received ;
   -  cooperate in ensuring that the working environment and working
      conditions are safe and pose no risk to safety and health within their
      field of activity , and monitor the effectiveness of the safety and
      health measures taken .
                                    Artide 13
The Council , acting on proposals from the Commission , shall adopt individual
Directives laying down specific provisions concerning chiefly the technical
areas listed in Annex I.
                                    Article 14
For the purposes of adapting this Directive and the Directives provided for in
Article 13 under the conditions specified in each of them , to take account of
   - the adoption of directives in the field of technical harmonization and
      standardization ,
   - technical progress , changes in international regulations or
      specifications , and new findings ,
the Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representative of the
Commission .
                                                                                гг *
 ---pagebreak---                                            15
 The representative of the Commission shall submit to the committee a 'draft of
 the measures to be taken . The committee shall deliver its opinion on the
 draft within a time limit which the Chairman may lay down according to the
 urgency of the matter . The opinion shall be delivered by the majority laid
 down in Article 148 ( 2 ) of the Treaty in the case of decisions which the
 Council is required to adopt on a proposal from the Commission . The votes of
 the representati ves of the Member States within the committee shall be
weighted in the manner set out in that article .    The Chairman shall not vote .
The Commission shall adopt the measures envisaged if they are in accordance
with the opinion of the committee .
 If the measures envisaged are not in accordance with the opinion of the
committee , or if no opinion is delivered , the Commission shall , without delay ,
 submit to the Council a proposal relating to the measures to be taken . The
Council shall act by a qualified majority .
If , on the expiry of the period to be laid down in each act adopted by the
Council under this paragraph but which may not in any case exceed three months
from the date of referral to the Council , the Council has not acted , the
proposed measures shall be adopted by the Commission . .
                                   Final provisions
                                      Article 15
1 . Member States shall bring into force the laws , regulations and
    administrative provisions necessary to comply with this Directive by 1
    January 1991 at the latest and shall forthwith inform the Commission
    thereof .
2 . Member States shall communicate to the Commission the texts of the
    provisions of national law which they adopt in the field covered by this
    Directive .
3 . Member States shall report to the Commission every two years on the
    practical implementation of the provisions of this Directive , indicating
    the points of view of employers and workers . The Commission shall inform
    the committee and the tripartite committee .
                                                                                   ZI
 ---pagebreak---                                        16
                                   Artide 16
This Directive is addressed to the Member States .
Done at Brussels ,
                                                   For the Council ,
                                                    The President
                                                                     LH-
 ---pagebreak---                                        17
                                                        AIMNEX I
List of technical areas referred to in Article 13
- Workplaces
- Work equipment
- Personal protective equipment
- Work with visual display units
- Handling of heavy loads involving risk of back injury
                                                                 г^>.
 ---pagebreak---                             Proposal for a Council Directive
              on the introduction of measures to encourage improvements
                 in the safety and health of workers at the workplace
                                 FINANCIAL RECORD SHEET
1. Budget item concerned
   A 2510 : Compulsory committees
   A 2513 : Advisory Committee on Safety , Hygiene and Health Protection at Work
   B 6482 : Health protection , hygiene and safety at work .
2. Legal basis
   a)  Article 118A of the EEC Treaty .
   b)  Commission Communication on its programme concerning safety , hygiene
       and health at work ( COM ( 87 ) 520 - Council Resolution 88 /C28 /01 of
       21.12.1987 - OJ C 28 of 3.2.1988 .
   c)  Commission White Paper on the completion of the internal market ( COM
        ( 85 ) 310 final ).
   d)  Council Resolution of 7.5.1985 (OJ C 136 of 4.6.1985 ).
3. Proposed classification into compulsory /non-compulsory expenditure
   Non-compu 1 sory .
4. Description and justification of the action
   4.1   Description
   4.1.1    Objectives of the proposed Directive
            The proposed Directive has the following aims :
            a ) to improve the safety and health of workers :
                - in a general manner : by means of structural , relational and
                   administrative provisions and provisions concerning workers
                   and their representatives ;
            b ) to add a 'social element * to various directives on technical
                harmonization designed to complete the internal market .
                                                                                &
 ---pagebreak--- 4.1.2       Characteristics of the proposed Directive ( with particular
            reference to those with financial implications )
4 . 1.2.1     The proposal may be adapted and supplemented in order :
              - to define more closely or amplify aspects concerning the safety
                and health of workers
              – to add a 'social element 1 to directives of the " technical
                harmonization - internal market " type with a bearing on the
                safety and health of workers , without having to draw up a
                complete new directive on social aspects in each case .
4 . 1.2 . 2   The proposal stipulates that the Member States shall forward to
              the Commission their relevant national implementing legislation .
4 . 1.2 . 3   The proposal also makes provision for the creation of a committee
              to assist the Commission in supplementary and management work in
              this area .
4.2    Justification
       The action is justified by the legal basis given in point 2 . The
        financial implications will be associated with the additional
       activities to be undertaken in the future ( see point 4.1 ) and are set
       out in point 5 .
Nature of the expenditure and method of calculation
5. 1   Nature of the additional activities to be undertaken following the
       adoption of the Directive :
       a ) monitoring of the implementation of the Directive in the
             individual Member States
       b)    revision of the annex and the addition of new annexes
       c)    consultations with experts
       d)    the running of the Adaptation Committee
       e)    consultations with the tripartite Advisory Committee .
5. 2   Types of activity resulting from 5.1 with financial implications
       These are :
       - study and /or service contracts for
            . the comparison and appraisal of the information received by the
              Commission
            . the study of the problems associated with the practical
              implementation of the Directive
            . the study of the problems associated with the annexes and the
              preparation of new annexes to be added to the Directive
       - costs of consultation meetings with experts
       - costs of running the Adaptation Committee and the tripartite
            Committee .
 ---pagebreak--- 5.3  Calculation of expenditure
As only the nature and type of the additional activities are known with no
indication of their scale or number , it is impossible to make a precise
estimate of the expenditure .
Costs are calculated on the basis of the " man/month " unit ; at present , one
unit is equivalent to 5 000 ECU .
Financial impact of the action on intervention appropriations
6. 1 Schedule of commitment appropriations and payment appropriations
     Item B 6482 :
                              CA ( ECU )           PA ( ECU )
     1988                        20  000             20 000
     1989                      100   000           100  000
     1990                      200   000           200  000
     1991                      200   000           200  000
     1992                      200   000           200  000
     Total                     720 000             720 000
     Item A 2510 :
                              CA ( ECU )           PA ( ECU )
     1988
     1989                        20  000            20  000
     1990                        40  000            40  000
     1991                        40  000            40  000
     1992                        40  000            40  000
     Total                     140 000             140 000
     Item A 2513 :
                              CA ( ECU )           PA ( ECU )
     1988                           _                  _
     1989                        20 000             20  000
     1990                        30  000            30  000
     1991                        30 000             30  000
     1992                        30 000             30  000
     Total                    110 000              110 000
6.2  For the work provided for in the proposed Directive the Commission
     will provide 100% funding .
 ---pagebreak--- 7. Remarks
   IMone .
8. Fin ancial impact on staff appropriations
   8. 1    Personnel needed solely for the action itse lf
           As from 1989 , one full-time A-grade official , one full-time B-grade
           official and one full-time C -grade official will be needed .
           These resources will have to be found either by redeployment of staff
           within DG V or within the context of the budgetary procedure .
   8.2     Appropriations needed for staff
           The estimated appropriations needed as from 1989 are 240.000 ECU per
           year .
 ---pagebreak---                                 Assessment of impact
                         on competitiveness and employment
Proposal for a Council Directive on the introduction of measures to encourage
improvements in the safety and health of workers at the workplace
1.  The main aim of the proposal is to improve the safety and health     of
    workers at the workplace .
2.  The proposal applies to all undertakings in the Community , including small
    and medium-sized undertakings .
3.  The national provisions adopted pursuant to this Directive will impose a
    number of obligations on undertakings in order to improve the organization
    of safety . The extent of these obligations will depend , in the main , on
    the measures already taken by the undertaking to improve safety at all
    levels ( such as risk assessment , the integration of safety measures and
    the establishment of prevention services ).
    Proper organization of safety and health in undertakings should lead to a
    substantial reduction in the incidence of accidents and occupational
    diseases , with consequent economic benefits for society as a whole .
4.  The proposal provides that Member States shall take appropriate measures ,
    within the context of those outlined , to improve safety and health at work .
 ---pagebreak--- 5 . Although the proposal does not impose any particular constraints on small
    and medium-sized undertakings compared with large undertakings , small and
    medium-sized undertakings could find themselves at a disadvantage if
    Member States apply the various elements of the proposal to the letter .
    The proposal therefore provides that certain requirements may be modulated
    to take account of the size and activity of the undertaking and the safety
    and health risks involved for the workers .
    The concept "where reasonably practicable " takes account of socio-economic
    factors .
6.  Improved safety and health at work should make undertakings more efficient
    ( less time lost through accidents at work and occupational diseases ), thus
    enabling them to become more competitive without cutting the workforce .
    Furthermore , improvements in safety and health should ensure a good social
    climate within the undertaking . The measures provided for in this
    Directive will benefit employers since they will result in fewer working
    days lost .
7.  Detailed consultations have been held on the proposal and an opinion has
    been given by the Advisory Committee on Safety , Hygiene and Health
    Protection at Work ( Committee established by Council Decision 74 / 325 / EEC
    of 27.6.1974 - OJ L 185 of 9.7.1974 ). The Committee'3 opinion was taken
    into account in the drafting of the proposal . The various employers'
    interests are represented in this tripartite Committee .
    Because of the importance attached by the Commission to the creation of
    the " social element " relating to completion of the internal market , this
    proposal for a Directive has been drafted as a matter of urgency by the
    Commission , subsequent to the transmission on 23 October 1987 of its
    programme concerning safety , hygiene and health at work . In order to
    cushion the economic impact of the Directive , Member States have until 1
    January 1990 to adopt the implementing legislation .