CELEX: 51988PC0802
Language: en
Date: 1988-12-05
Title: Amended 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 pursuant to article 149 (3) of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 802
Vol. 1988/0267
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(88 ) 802 final - SYN 123
                                                       Brussels , 5 December 1988
                         Amended 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 pursuant to article 149 (3 )
                            of the EEC Treaty )
                       f93 lm.        ' tf- iÜiS
                                            m« pal
                                      ^'séioilét J
                                                   É–1
                                 [/ ίόΐϋοο
 ---pagebreak---                                 FRAMEWORK DIRECTIVE ( 73 )                           1
   ORIGINAL COMMISSION
                                                    AMENDED COMMISSION PROPOSAL
   PROPOSAL
                                                    FOLLOWING THE OPINION OF
   COM ( 08 ) 73 final
                                                    THE EUROPEAN PARLIAMENT
                                                   OF 16.11.88
  ™ COUNCIL OF THE EUROPEAN
  COMMUNITIES ,
                                              start of t.„t unchan9ed
  Hawing regard to the Treaty
  establishing the European Economic
  Community , and in particular Article
  118A thereof ,
 Hawing regard to the Commission
 proposal drawn up after consultation
 with the Advisory Committee on
 Safety , Hygiene and Health Protection
 at Work ,
 Having regard to the opinion of the
 Economic and Social Committee ,
 T ' • '’operation with the European
Pa i ’ i ament .
Whereas Article 118A of the Treaty           Whereas Article 118A of the Treaty
prow id , ■   'hat the Council shall         provides that the Council shall adopt ,
adopt , by means of D i n >< Lives ,         by means of Directives , minimum
minimum requirements for encouraging         requirements for encouraging
improvements as regards the health           improvements , especially in the walking
and safety of workers , especially in        environment , to guarantee a better
the working environment ;                    level of protection of the safety and
                                             health of workers ;
*                                           Whereas this Directive does not justify
                                            any reduction in levels of protection
                                            already achieved in individual Member
                                            States , the Member States being
                                            committed , under the Treaty , to
                                            encouraging improvements in conditions
                                            in this area and to harmonizing
                                            rnnHi,f ion<’ ».»hil o n’^in^ipipfi th ^
 ---pagebreak---                            FRAMEWORK DIRECTIVE ( 73 )                  2
 ORIGINAL COMMISSION                         AMENDCD COMMISSION PROPOSAL
 PROPOSAL                                    FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                         THE EUROPEAN PARLIAMENT
                                             OF 16.11.88
*                                        Whereas it is known that workers can be
                                         exposed to the effects of dangerous
                                         environmental factors at the workplace
                                         during the course of their working life ;
Whereas Article 118A also recommends     Unchanged
that Directives shall avoid imposing
administrative , financial and legal
constraints which would hold back the
creation and development of small and
mediun>-sized undertakings ;
Whereas the Communication from the       Unchanged
Commission on its programme
concerning safety , hygiene and health
at work provides for the adoption of
Directives designed to guarantee the
safety and health of workers ;
Whereas the Council Resolution of 21     Unchanged
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 ;
 ---pagebreak---                            FRAMEWORK DIRECI IVE ( 73 )                     3
 ORIGINAL COMMISSION
                                                 AMENDED COMMISSION PROPOSAL
 PROPOSAL
                                                  FOLLOWING THE OPINION OF
 COM ( 8 Θ ) 73 final                            THE EUROPEAN PARLIAMENT
                                                 OF 16.11.88
#
                                          Whereas in February 1988 , following the
                                          debate on the internal market and
                                          worker protection , the European
                                          Parliament adopted four resolutions
                                          specifically inviting the Commission to
                                          draw up a framework Directive to serve
                                          as a basis for more specific Directives
                                          covering all the risks connected with
                                          health and safety at the workplace ;
Whereas Member States have a              W' » ureas Member States have a
responsibility to ensure the safety       responsibility to encourage
and health of persons on their          . improvements in the safety and health
territory , and of workers in             of persons on their territory , and of
particular ;                              workers in particular ;
Whereas Member States' legislative        Whereas Member States' legislative
systems differ widely with regard to      systems differ widely with regard to
the prevention of work accidents and      the prevention of work accidents and
occupational disease ^;                   occupational diseases and need to be
                                          improved ; whereas national provisions
                                          on the subject , which often include
                                          technical specifications and /or
                                          self-regulatory standards , may result
                                          in different levels of safety and
                                          health protection and allow compel ¡Lion
                                          at the expense of safety and health ;
 ---pagebreak---                            FRAMEWORK DIRECTIVE ( 73 )                       4
 ORIGINAL COMMISSION                           AMENDED COMMISSION PROPOSAL
 PROPOSAL                                      FOLLOWING THE OPINION OF
COM(88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                              OF 16.11.88
                                         Whereas protecting the health and
                                          safety of workers also helps , in
                                          certain cases , lo preserve the health
                                         and safety of persons residing with
                                          them ;
Whereas the incidence of accidents at    Whereas the incidence of accidents at
work is still regrettably high , and     work and occupational diseases is still
preventive measures must be              regrettably high , and whereas
introduced or improved in order to       preventive measures must therefore be
guarantee the safety and health of       immediately introduced or improved in
workers ;                                order to g >. ir aritoe a higher degree of
                                         protection ;
Whereas , in order to achicuo Lhe        Whereas , in order to achieve the
maximum degree of protection which is    maximum degree of protection which is
reasonably practicable , it is           reasonably practicable , it is essential
essential that workers and their         that workers and their representatives
representatives be informed of the       be informed of the risks to their
risks to their safety and health and     safety and health and of the measures
of the measures required to reduce or    required to reduce or eliminate these
eliminate these risks , and be allowed   risks ; whereas it is also essential
to verify that the necessary             that they be allowed to verify and
protective measures have indeed been     ensure , by means of balanced
taken ;                                  participation in accordance with
                                         national practice and /or legislation ,
                                         that the necessary protective measures
                                         have indeed been taken ;
 ---pagebreak---                           FRAMEWORK DIRECTIVE ( 73 )                    5
ORIGINAL COMMISSION                          AMENDED COMMISSION PROPOSAL
PROPOSAL                                     FOLLOWING THE OPINION OF
COM ( 08 ) 73 final                          THE EUROPEAN PARLIAMENT
                                             OF 16.11.88
Whereas cooperation between employers Whereas information , dialogue and
and workers and workers '               negotiations on safety and health at
representatives must be strengthened ;  work must be developed between
                                        employers and workers and their
                                        representati ves by means of appropriate
                                        procedures and instruments , in
                                        accordance with national practice
                                        and /or legislation ;
Whereas it is recognized as essential   Whereas the improvement of safety and
to take safety and health               health at work and of the physical and
considerations into account from the    mental health of workers are objectives
earliest stages of workplace design ;   which should not be subordinated to
                                        purely economic considerations ;
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                      6
 ORIGINAL COMMISSION                           AMENDED COMMISSION PROPOSAL
 PROPOSAL                                      FOLLOWING THE OPINION OF
 COM(88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                              OF 16.11.88
Whereas employers must keep abreast       Whereas employers and workers'
of technological progress in order to     representatives exercising
provide optimum safety and health         participation rights under this
protection for their workers ;            Directive shall be obliged to keep
                                          themselves informed of the latest
                                          advances in technology and scientific
                                          findings concerning workplace design ,
                                          so as to be able to guarantee a better
                                          level of protection of workers' health
                                          and safety .
Whereas this Directive constitutes an     Whereas the provisions of this
overall social complement to various      Directive apply to risks from all
technical harmonization directives        sources , and in particular to those
designed to complete the internal         arising from the use at work of
market , and whereas it supplements       chemical , physical and biological
the provisions of Directive               agents covered by Directive 80/ 1107/EEC
80/ 1107/ EEC of 27 November 1980 ;       of 27 November 1980 , without prejudice
                                          to more stringent Community provisions
                                          already in force ;
Whereas it is planned , as of now , to    Whereas , pursuant to Council Decision
establish specific provisions             No 74 / 325/EEC of 27 June 1974 , the
containing measures liable to improve     Advisory Committee on Safety , Hygiene
safety and health at work ;               and Health Protection at Work is
                                          required to be consulted by the
                                          Commission with regard to the drafting
                                          of proposals in this field ;
 ---pagebreak---  - .      3                FRAMEWORK DIRECTIVE ( 73 )                    7
 ORIGINAL COMMISSION                          AMENDED COMMISSION PROPOSAL
 PROPOSAL                                     FOLLOWING THE OPINION OF
 COM(88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                              OF 16.11.88
Whereas a committee composed of          Whereas a Committee composed of members
members nominated by the Member          nominated by the Member States needs to
States needs to be set up to assist      be set up to assist the Commission in
the Commission in implementing the       making the technical adaptations
supplementary measures provided for      provided in this Directive ;
by the Directive ;
HAS ADOPTED THIS DIRECTIVE
                  Object
                Article 1
                                         1.
The object of this Directive is the     The object of this Directive is the
introduction of measures to encourage    introduction of measures to encourage
improvements in the safety and health    improvements in the safety and health
of workers at the workplace . The        of workers at the workplace . The
Directive contains general principles   Directive contains general principles
concerning in particular the             concerning the prevention of
prevention of occupational risks , the  occupational risks and the protection
protection of safety and health and     of safety and health , the elimination
the informing , consultation and        of sources of accidents and hazards ,
training of workers and their            the informing and consulting of
representatives , as well as general    workers , worker participation in
principles concerning the               accordance with national practice
implementation of such measures .       and /or legislation , the training of
                                        workers and their representatives , as
                                        well as general principles concerning
                                        the implementation of such measures .
 ---pagebreak---                              FRAMEWORK DIRECTIVE ( 73 )                    8
 ORIGINAL COMMISSION                             AMENDED COMMISSION PROPOSAL
 PROPOSAL                                        FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                 OF 16.11.88
                                           2.
                                           If the particular nature of certain
                                           public sector activities ( e.g. the
                                           armed forces , the police and the
                                           emergency services ) demands it , the
                                           provisions of this Directive shall not
                                           apply . However , in all these cases care
                                           must be taken to ensure a higher level
                                           of protection of workers' health and
                                           safety in accordance with the aims of
                                           this Directive .
                                           3 . ( new )
                                           This Directive shall be without
                                           prejudice to any national and Community
                                           provisions prevailing at the time of
                                           its entry into force which provide for
                                           a higher level of safety and health
                                           protection at work .
                 Definitions
                  Article 2
                                           For the purposes of this Directive , the
For the purposes of this Directive ,       following terms have the meanings
the following terms have the meaning       hereby assigned to them :
hereby assigned to them : -
 ---pagebreak---                            FRAMEWORK  DIRECTIVE ( 73 )                     9
ORIGINAL COMMISSION
                                                AMENDED COMMISSION PROPOSAL
PROPOSAL
                                                FOLLOWING THE OPINION OF
COM ( 88 ) 73 Pinal                             THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
- workplace :
   any place to which the worker has      Unchanged
   access in the undertaking and /or
   establishment ;
- worker :
  any person who performs work ‘             ' \mged
  some form , including students
  undergoing training and apprentices ;
- undertaking and /or establishment :     - undertaking and /or establishment :
  a public-sector or private-sector         a public-sector or private-sector
  entity engaging in particular in          entity engaging in particular in
  industrial , agricultural ,               industrial , agricultural , commercial ,
  commercial , administrative ,             administrative , educational ,
  educational , cultural or service         cultural , leisure or service
  activities ;                              activities .
- employer :
  the body or person in charge of the Unchanged
  undertaking and/or establishment ;
- prevention :
  all the provisions or measures          Unchanged
  taken or developed at each stage of
  the activities performed within the
  undertaking with a view to avoiding
  or reducing the occupational risks ;
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                      10
 ORIGINAL COMMISSION                             AMENDED COMMISSION PROPOSAL
 PROPOSAL                                       FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
*                                         - Workers' safety and health
                                              representatives :
                                              the person or persons elected , chosen
                                              or designated , in accordance with
                                              national practice and / or legislation ,
                                              to represent the workers with regard
                                             to problems of safety and health
                                              protection at work .
- occupational risk :
    any work-related situation liable     Unchanged
    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           1 . Member States shall take the
employers , workers and workers'               requisite measures to ensure that
representatives comply with those              employers , workers and workers'
provisions of this Directive which             representati ves comply with the
apply to them .                                legal obligations necessary for the
                                               implementation of this Directive ;
 ---pagebreak---                                FRAMEWORK DIRICIIVI     ( 73 )                   11
ORIGINAL COMMISSION                                AMENDED COMMISSION PROPOSAL
PROPOSAI.                                          FOLLOWING THE OPINION Or
COM ( 80 ) 73 final                               THE EUROPEAN PARLIAMENT
                                                   OF 16.11.00
      Respons ib i 1 ity of the employer             Responsibi 1 ity of the employer
                   Article 4                                     Article 4
1 . The employer shall be responsible        1 . The employer shall be responsible
    for the safety and health of the             for the safety and health of the
    workers in every aspect which is             workers in every aspect which is
    directly or indirectly related to            directly or indirectly related to
    the work in the undertaking and / or         the work or to presence in the
    establ i shment .                            undertaking and / or establishment .
2 . Where an employer calls in a             2 . Unchanged .
    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        3 . The obligations of the workers in
    these fields shall not affect the            these fields shall not affect the
    principle of the employer 's                 principle of the employer 's
    responsibility .                             responsibility . The employer may not
                                                 transfer that responsibility to an
                                                  individual worker or a group of
                                                 workers .
                                             4 . This Directive shall not affect the
                                                 employer 's right to be excluded from
                                                 responsibility for events due to
                                                 unfamiliar , abnormal or
                                                 unforeseeable circumstances , the
                                                 . .. resequences of which could not have
                                                 been avoided however much care had
                                                 been taken .
 ---pagebreak---                             FRAMCWORK DIRECTIVE ( 73 )                   12
ORIGINAL COMMISSION                            AMENDED COMMISSION PROPOSAL
 PROPOSAL                                      FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                               OF 16.11.88
       Obligations of the employer
                 Article 5
1 . Within the context of his             1 . Unchanged
    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            2 . Start unchanged
    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 ;
 ---pagebreak---                               fRAMEWORK DIRECI IVE ( 73 )                      13
 ORIGINAL COMMISSION                               AMENDED COMMISSION PROPOSAL
 PROPOSAL
                                                   FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                               THE EUROPEAN PARLIAMENT
                                                   OF 16.11.88
    - developing a coherent overall             – developing a coherent overall
       prevention policy based on                  prevention policy based on
       technology , organization of                technology , organization of work ,
       work , working conditions and              working conditions , human
       human relationships .                       relationships and the influence of
                                                  environmental factors .
                                            3 . The employer must ensure that
                                                 adéquate considération is given to
                                                 ergonomie principles , in particular
                                                 as regards :
                                                 - the design of workplaces ;
                                                 - the choice of work equipment ;
                                                 - the choice of working methods and
                                                    production methods .
3 . The specific obligations on             4 . The specific obligations on
    employers shall be as follows :              employers shall be as follows :
   a ) The employer shall evaluate the          a ) The employer shall take the
        safety and health risks to                   necessary measures to evaluate
        workers in the choice of work                the safety and health risks to
        equipment , the chemical                     workers in the choice of work
        substances or preparations used ,            equipment , the chemical
        and the design and fitting out               substances or preparations used ,
        of workplaces .                              and the design and fitting out of
                                                     workplaces .
 ---pagebreak---                              fRAMEWORK DIRECTIVE ( 73 )                           14
ORIGINAL COMMISSION                              AMENDED COMMISSION PROPOSAL
PROPOSAL                                         FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                              THE EUROPEAN PARLIAMENT
                                                 OF 16.11.88
       Subsequent to this evaluation .              Subsequent to this evaluation ,
       the preventive measures , working            the preventive measures , working
       methods and production methods               i.· ! ' » ids and production methods
       introduced by the employer must              introduced by the employer must
       provide the maximum protection               guarantee a better level of
       that it is reasonably                        protection of the safety and
       practicable to achieve in                    health of workers .
       respect of the safety and health
       of the workers .
  b ) The safety and health measures           b ) Unchanged
       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           Text deleted , see new Article 5.3
       adequate consideration is given
       to ergonomic 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               c ) With a view to improving safety
      necessary measures to permit                 and health at the workplace , the
      workers to organize their work               employer must take appropriate
      in accordance with their                     measures to permit workers to
      capabilities where reasonably                take part in organizing their
      practicable .                               work in accordance with their
                                                   capabilities .
 ---pagebreak---                              FRAMEWORK DIRLCIIVE ( 73 )                      15
ORIGIIMAL COMMISSION
                                                 AMENDED COMMISSION PROPOSAL
PROPOSAL
                                                 FOLLOWING THE OPINION OF
COM(88 ) 73 final                               THE CUROPEAN PARLIAMENT
                                                OF 16.11.08
  e ) In planning and organizing the          d ) In planning and organizing the
      work , the employer shall ensure             work the employer shall ensure
       that monotonous work involving              that monotonous work involving
      repetitive activities of brief               repetitive activities of brief
      duration and work where the                  duration , or work where the
      workrate is governed by a                    workrate is governed by a machine
      machine or conveyor belt such                or conveyor belt such that the
      that the worker is prevented                 worker is prevented from
      from influencing his workrate                influencing his workrate himself ,
      himself are avoided where                    is reduced to the minimum
      reasonably praH    able .                    compatible with the efficient
                                                  functioning of the undertaking .
  f ) The planning and introduction of        e ) The planning and introduction of
      new technologies shall be                   new technologies shall be
      undertaken in close cooperation             undertaken in close cooperation
      with the workers and / or their             with the workers and /or their
      representatives , particularly in           representatives .
      respect of the choice of
      equipment and the working
      conditions , including those
      aspects connected with the
      working environment and the                 All aspects of the safety and
      physical and psycho-social                  health protection of workers
      well-being of the individual .              should be taken into account ,
      Workers shall receive                       particularly those in respect of
      appropriate training .                      the choice of equipment , working
                                                  conditions and the impact of
                                                  environmental factors on the
                                                  physical and psycho–social
                                                  well-being of the individual .
 ---pagebreak---                             FRAMEWORK DIRLC1IVE ( 73 )                      16
ORIGINAL COMMISSION                              AMENDED COMMISSION PROPOSAL
 PROPOSAL                                        FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
   g ) When several undertakings share         f ) When several employers share a
       a workplace , the employers shall           workplace , the employers shall
       coordinate their measures for               cooperate in the application of
       the prevention of occupational              provisions concerning safety ,
       risks , and shall inform one                health protection and hygiene ,
       another and their workers and /or           shall coordinate their measures
       workers' representatives of                 for the prevention of accidents
       these risks .                               and health risks , and shall
                                                   inform their workers and the
                                                   workers' representatives of those
                                                   risks in good time .
            Préventive services
                 Article 6
1 . The employer shall designate from     1 . Unchanged
    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 . In order to carry out this task , the
                                              designated workers shall be freed
                                              from all other work or be given
                                              sufficient time in which to fulfil
                                              their duties without hindrance . The
                                              workers involved must be neither
                                              financially nor socially penalized
                                              as a result . This shall also apply
                                              to their career within the
                                              undertaking .
 ---pagebreak---                              FRAMEWORK DIRECIIVE ( 73 )                    17
 ORIGINAL COMMISSION
                                                AMENDED COMMISSION PROPOSAL
 PROPOSAL
                                                FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
 2 . If this is not feasible for lack      Unchanged
      of competent personnel in the        Has become Article 6.3
      undertaking and/or establishment ,
     the employer shall enlist the
      services of competent outside
     agencies or individuals .
3 . Where the employer calls in            Unchanged
     competent outside agencies or         Has become Article 6.4
     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            5 . In all cases , the workers designated
     designated from within the               from within the undertaking and /or
     undertaking and /or the outside          the outside agencies or individuals
     agencies or individuals consulted        consulted must have the necessary
     must have the necessary training         training from qualified instructors
     and be sufficient in number to           and be sufficient in number to deal
     deal with the organization of            with the organization of preventive
     preventive measures , taking into        measures , taking into account the
     account the size of the                  size of the undertaking and/or the
     undertaking and /or the hazards to       hazards to which the workers are
     which the workers are exposed and        exposed and their distribution
     their distribution throughout the        throughout the entire undertaking
     entire undertaking and /or               and /or establishment .
     establishment .
 ---pagebreak---                             FRAMEWORK DIRLCIIV/ E ( 73 )                   18
ORIGINAL COMMISSION                             AMENDED COMMISSION PROPOSAL
 PROPOSAI.                                      FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                               OF 16 . 11.88
5 . Member States shall define the        6 . Member States shall , taking due
    size of undertakings in which the         account of the nature of the
    employer , provided he i s                activities carried out and the size
    competent , may himself take              of undertakings , define the
    responsibi 1 ity for the measures         categories of undertakings in which
    referred to in paragraph 1 .              the employer , provided he is
                                              competent and has the necessary time
                                              available , may himself take
                                              responsibility for the measures
                                              referred to in paragraph 1 .
6 . Member States shall define the        7 . With regard to paragraph 5 of this
    training needed and the number of         Article , Member States shall define
    persons needed to fulfil the              the capabilities necessary and may
    conditions set out in paragraph 4         define the number of persons deemed
    of this article .                         sufficient .
*                                         8 . Where the undertaking or
                                              establishment possesses a medical
                                              service , the activities of the
                                              workers and outside agencies or
                                              individuals referred to in the
                                              previous paragraph shall be carried
                                              out in cooperation with this service ;
                                          9 . In no case must workers be required
                                              to bear any of the costs arising
                                              from measures relating to safety ,
                                              hygiene and health at work .
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                     19
ORIGINAL COMMISSION                            AMENDED COMMISSION PROPOSAL
 PROPOSAL                                      FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                               OF 16 . 11.00
                                          Article 6a .
                                          Health surveillance of workers
                                          1 . In order to ensure health
                                              surveillance of workers commensurate
                                              with the safety and health risks at
                                              their workplace , measures shall be
                                              laid down in accordance with
                                              national practice and / or legislation .
                                              These measures shall be such as to
                                              ensure that each worker , where
                                              appropriate , is given a medical
                                              check-up at regular intervals .
                 Article 7
1 . The employer shall make the           1 . Une hanged
    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 .
 ---pagebreak---                               FRAMEWORK DIRECTIVE: ( 73 )                    20
 ORIGINAL COMMISSION                              AMENDED COMMISSION PROPOSAL
 PROPOSAL                                         FOLLOWING THE OPINION OE
 COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                 OF 16.11.88
2 . For first-aid , fire-fighting and       2 . Unchanged
    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                 3 . The employer shall take
    precautionary measures to allow             precautionary measures to allow the
    the worker to protect himself by            worker to reach safety by
    immediately leaving the workplace           immediately leaving the workplace if
    if a serious , imminent ,                   a serious , imminent , unavoidable
    unavoidable danger arises .                 danger arises .
                                            4 . A worker who leaves his workplace
                                                and /or a danger zone because he may
                                                justifiably assume that he would
                                                otherwise be risking his life or
                                                health shall not be penalized and
                                                shall be protected from any
                                                unjustified prejudicial
                                                consequences , in accordance with
                                                national practice .
 ---pagebreak---                              r R AMI. WORK DLRI CI [ VC (/ 3 )                   21
ORIGINAL COMMISSION                                   AMENDED COMMISSION PROPOSAL
PROPOSAL                                              FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                                   THE EUROPEAN PARLIAMENT
                                                      OF 16.11.88
4 . The employer shall as soon as               5 . Where workers are exposed , or are
     possible give details of these                  likely to be exposed , to a risk of
     precautionary measures to all                   serious and imminent danger , the
     workers exposed , or likely to be               employer shall as soon as possible
     exposed , to a risk of serious and              inform them about that danger and
     imminent danger .                               about the protective measures taken .
5 . In the ev/ ent of a serious and             Start unchanged .
     imminent danger to his own safety          Has become Article 7.6
     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 .
                                                He shall not be penalized in any way
                                                because of his actions .
            Information to be held
                   Article 8
 1 . The employer shall :                        1 . Unchanged
    a ) be in possession of an analysis
        of existing risks to safety and
        health at the workplace ;
 ---pagebreak---                              FRAMEWORK DIRECTIVE ( 73 )                     22
ORIGINAL COMMISSION                             AMENDED COMMISSION PROPOSAL
 PROPOSAL                                       FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
    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      2 . Member States shall , taking due
     criteria for exempting                    account of the nature of the
     undertakings from having to draw          activities carried out and the size
     up the documents required to              of undertakings , define the
     fulfil the obligations described          obligations which the various
     in paragraph 1 ( a ) and ( b ).           categories of undertakings must
                                               fulfil when drawing up the documents
                                               referred to in paragraph 1 .
 ---pagebreak---                                FRAMEWORK DIRECTIVE ( 73 )                   23
ORIGINAL COMMISSION                               AMENDED COMMISSION PROPOSAL
PROPOSAL                                          FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                               THE EUROPEAN PARLIAMENT
                                                  OF 16 . 11 . 80
            Information of workers
                   Article 9
1 . In accordance with the practices         1 . Unchanged
     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 representatives 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 .
 2 . Workers or workers '
       representati ves with specific        2 . Unchanged
       responsibility for the protection
      of the safety and health of
      workers shall have access to .
 ---pagebreak---                                FRAMEWORK DIRECTIVE ( 73 )                     24
 ORIGINAL COMMISSION                               AMENDED COMMISSION PROPOSAL
 PROPOSAI.                                         FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                               THE EUROPEAN PARLIAMENT
                                                   OF 16.11.88
   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           Consultation and participation of
                                             workers .
                   Article 10
*                                            1 . Employers must work closely with
                                                 workers and their representatives on
                                                 all questions involving safety and
                                                 health protection at work .
                                                This shall involve in particular :
                                             - consultation of workers ;
                                            - the right of workers and their
                                                representati ves to act on their own
                                                initiative ;
                                            - balanced participation in accordance
                                                with national practice and /or
                                                legi s lation .
 ---pagebreak---                              FRAMEWORK DIREt.: I IVE ( 73 )                    ? rj
ORIGINAL COMMISSION                                 AMENDED COMMISSION PROPOSAL
PROPOSAL
                                                    FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                                THE EUROPEAN PARLIAMENT
                                                    OF 16.11.88
1 . Workers or their representatives       2 . Workers and/or their representatives
     with specific responsibility for            with specific responsibility for
     safety and health shall be                   safety and health shall be consulted
     consulted in advance by the                  in advance by the employer with
     employer with regard to :                   regard to :
   - any measure which may                     - any measure which may substantially
       substantially affect health and             affect health and safety ;
       safety ;
   - the designation of persons                - the designation of persons referred
      referred to in Article 6 ,                   to in Articles 6(2 ) and 7(2 );
      paragraph 2 and Article 7 ,
      paragraph 2 ;
  - the information referred to in             - the information referred to in
      Article 6 , paragraph 1 and                  Articles 6(1 ) and 9 ;
      Article 9 ;
  -• the setting up of a specialist            - the setting up of a specialist
      safety and /or health service or ,           safety and /or health service or ,
     where appropriate , the enlistment           where appropriate , the enlistment
      of an outside preventive service            of an outside preventive service as
      as referred to in Article 6 ,               referred to in Article 6(2 );
      paragraph 2 ;
  - the planning and organization of          - the planning and organization of
      the training referred to in                 the training referred to in Article
     Article 11 .                                 11 .
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                     26
 ORIGINAI. COMMI S SION                         AMENDED COMMISSION PROPOSAL
 PROPOSAL                                       FOLLOWING THE OPINION OF
 COM(88 ) 73 final                              THE EUROPEAN PARLIAMENT
                                                OF 16 . 11.88
                                          3 . ( formerly 2 )
2 . The consultation referred to in           The consultation referred to in
     paragraph 1 may be restricted to          paragraph 2 may be restricted to the
    the workers' representatives with         workers' representatives with
     specific responsibility for the           specific responsibility for the
    protection of the safety and               protection of the safety and health
    health of workers , on condition          of workers , on condition that there
    that there are enough of them .           are enough of them .
#                                         4 . Workers and / or their representatives
                                               shall have the right to call in the
                                              authority responsible for safety and
                                              health protection at work to make
                                               inspections or lend support if they
                                              feel that the measures taken and the
                                              resources deployed by the employer
                                              are inadequate to guarantee safety
                                              and health protection at the
                                              workplace .
                                              Workers' representatives shall
                                              attend all visits and inspections
                                              conducted by the responsible
                                              authority .
3 . Workers and workers'                 5 . Workers and their representatives
    representatives with specific             shall not be penalized in any way as
    responsibility for the protection         a result of their activities in the
    of the safety and health of               field of safety and health
    workers shall not be placed at any        protection at work .
    disadvantage as a result of such
    activities .
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                   27
ORIGINAL . COMMISSION                          AMENDED COMMISSION PROPOSAL
PROPOSAL                                       FOLLOWING THE OPINION OF
COM(88 ) 73 final                              THE EUROPEAN PARLIAMENT
                                               OF 16.11.88
4 , The employer shall ensure that        6 . The employer shall be obliged to
     workers' representatives with            grant workers' representatives
     specific responsibility for the          sufficient time off work without
     protection of the safety and             loss of pay and shall provide them
     health of workers are allowed time       with the necessary resources to
     off work without loss of pay and         enable them to exercise their rights
     are provided with the necessary          and fulfil their obligations arising
     equipment to enable them to fulfil       from this Directive .
     their obligations arising from
     this Directive .
            Training of workers
                 Article 11
1 . The employer shall ensure that        1 . Start unchanged
     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 .
                                             - before the introduction of new
                                               technologies .
    The training shall be adapted to      The training shall be repeated
    take account of new or changed        periodically and shall be adapted to
    risks .
                                          take account of new or changed risks .
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                     2.8
 ORIGINAL COMMISSION                           AMENDED COMMISSION PROPOSAL
 PROPOSAL                                      FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                           THE EUROPEAN PARLIAMENT
                                               OF 16.11.88
2 . The training referred to in           2 . The training referred to in
    paragraph 1 shall also be given ,         paragraph 1 shall also be given ,
    under the same conditions , to            under the same conditions , to
    temporary workers present in the          temporary and subcontracted workers
    undertaking or establishment . The        present in the undertaking or
    employer shall also ensure that           establishment . The employer shall
    workers from outside firms engaged        also ensure that workers from
    in work in the undertaking and /or        outside firms engaged in work in the
    establishment have received               undertaking and / or establishment
    training from their own firms             have received training from their
    appropriate to the work in which          own firms appropriate to the work in
    they are engaged .                        which they are engaged .
3 . Workers' representati ves with
    specific responsibility for the       Rest unchanged .
    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 .
 ---pagebreak---                               FRAMCWORK DIRECTIVE ( 73 )                     29
ORIGINAL COMMISSION
                                                 AMENDED COMMISSION PROPOSAL
PROPOSAL                                         FOLLOWING THE OPINION OF
COM(B8 ) 73 final                                THE EUROPEAN PARLIAMENT
                                                 OF 16.11.88
           Obligations on workers
                  Article 12
1 . It shall be the duty of each            1 . It shall be the duty of each worker ,
     worker during his working hours to         in accordance with the instructions
     take reasonable care of his own            given by the employer , to take care
     safety and health and that of all          of his own safety and health and the
     other persons affected by his              safety and health of all other
     actions or omissions at work .             persons affected by his actions or
                                                omissions at work .
2 . To this end , workers must :            2 . Start unchanged
   – 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         - refrain from putting out of
       unnecessarily safety devices               operation , changing or removing
       fitted to tools , pieces of                unnecessarily safety devices
                                                  fitted to tools , pieces of
       apparatus , etc ., and use such
       devices correctly ;                        apparatus , machinery , plant and
                                                  buildings and use such devices
                                                  correctly ;
                                                - immediately notify the employer
    - notify the employer immediately
                                                  and/or the persons responsible for
       of any safety and/or health
       hazards which they have noticed .           safety and health at the workplace
                                                  of any safety and/or health
                                                  hazards which they have noticed
                                                  and of any defect which they have
                                                    ■. il-iroH in l Hn     nf
 ---pagebreak---                              fRAMEWORK OIRECTTVE ( 73 )                     30
ORIGINAL COMMISSIONI       "                     AMENDED COMMISSIONI PROPOSAL
PROPOSAL                                         FOLLOWING THE OPINIIONI OF
COM ( 88 ) 73 final                              THE EUROPEAN PARLIAMENT
                                                 0F 16 . 11.80
      cooperate with their employer for         - cooperate with their employer
     as long as necessary in order to             and / or with the persons
      fulfil any tasks or requirements            responsible for health and safety
      imposed by the responsible                  at work for as long as is
     authority to protect the safety              necessary in order to fulfil any
     and health of workers ;                      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            Unchanged
     training and instructions they
     have received ;
     cooperate in ensuring that the            - cooperate in ensuring that the
     working environment and working              working environment and working
     conditions are safe and pose no              conditions are safe and pose no
     risk to safety and health within             risk to safety and health within
     their field of activity , and                their field of activity .
     monitor the effectiveness of the
     safety and health measures taken .
                                                             Article 12a
                                           1 . Particularly high-risk groups , such
                                               as pregnant women and nursing
                                               mothers , must be protected against
                                               the dangers which specifically
                                               affect them .
                                           2 . Measures must be taken to ensure
                                               that disabled workers can perform
                                               their work without additional strain
                                               or risk .
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                    31
ORIGINAL COMMISSION                            AMENDED COMMISSION PROPOSAL
PROPOSAL                                       FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                               OF 16.11.88
                 Article 13
The Council , acting on proposals from    1 . The Council , acting on proposals
the Commission , shall adopt                  from the Commission based on Article
individual Directives laying down             118A of the EEC Treaty , shall adopt
specific provisions concerning                individual Directives , specifically
chiefly the technical areas listed in         in the areas referred to in Annex 1 .
Annex I.
                                              Without prejudice to the procedure
                                              described in Article 14 concerning
                                              technical adaptations , amendments to
                                              this Directive and to the individual
                                              Directives shall be made following
                                              the procedure described in Article
                                              118A of the EEC Treaty .
                                          2 . The provisions of this Directive
                                              shall apply in full to all the areas
                                              covered by the individual Directives
                                              referred to in paragraph 1 , without
                                              prejudice to more stringent and /or
                                              specific provisions contained in the
                                              individual Directives .
 ---pagebreak---                              FRAMEWORK DIRECTIVE ( 73 )                     32
 ORIGINAL COMMISSION                            AMENDED COMMISSION PROPOSAL
 PROPOSAL                                       FOLLOWING THE OPINION OF
 COM ( 88 ) 73 final                            THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
                  Article 14
For the purposes of adapting this          1 . If the Commission considers that
Directive and the Directives provided          technical adapations need to be made
for in Article 13 under the                    to this Directive and to the
conditions specified in each of them ,         individual Directives referred to in
to take account of                             Article 13 , to take account of :
   - the adoption of directives in the         - the adoption of directives in the
      field of technical harmonization           field of technical harmonization
      and standardization ,                      and standardization , and /or
  - technical progress , changes in            - technical progress , changes in
      international regulations or               international regulations or
      specifications , and new findings ,        specifications , and new findings ,
the Commission shall be assisted by a          these adaptations , of a strictly
committee composed of the                      technical nature , shall be adopted
representatives of the Member States           in accordance with the procedure
and chaired by the representative of           referred to in paragraph 2 .
the Commission .
 ---pagebreak---                            FRAMEWORK DIRECTIVE ( 73 )                    33
ORIGINAL COMMISSION                           AMENDED COMMISSION PROPOSAL
PROPOSAL                                      FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                           THE EUROPEAN PARLIAMENT
                                              OF 16.11.88
The representative of the Commission     2 . For the purpose of making the
shall submit to the committee a draft        technical adaptations referred to in
of the measures to be taken .   The          paragraph 1 , the Commission shall be
committee shall deliver its opinion          assisted by a Committee composed of
on the draft within a time limit             the representatives of the Member
which the Chairman may lay down              States and chaired by the
according to the urgency of the              representative of the Commission .
matter . The opinion shall be                The representative of the Commission
delivered by the majority laid down          shall submit to the Committee a
in Article 148 ( 2 ) of the Treaty in        draft of the measures to be taken .
the case of decisions which the              The Committee shall deliver its
Council is required to adopt on a            opinion on the draft within a time
proposal from the Commission . The           limit which the Chairman may lay
votes of the representatives of the          down according to the urgency of the
Member States within the committee           matter . The opinion shall be
shall be weighted in the manner set          delivered by the majority laid down
out in that article .   The Chairman         in Article 148(2 ) of the Treaty in
shall not vote .                             the case of decisions which the
                                             Council is required to adopt on a
                                             proposal from the Commission . The
                                             votes of the representatives 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           The Commission shall adopt the measures
measures envisaged if they are in        envisaged if they are in accordance
accordance with the opinion of the       with the opinion of the Committee .
 committee .
 ---pagebreak---                              FRAMEWORK DIRECTIVE ( 73 )                    ЗА
ORIGINAL COMMISSION                             AMENDED COMMISSION PROPOSAL
PROPOSAL                                        FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
If the measures envisaged are not in       If the measures envisaged are not in
accordance with the opinion of the         accordance with the opinion of the
committee , or if no opinion is            Committee , or if no opinion is
delivered , the Commission shall .         delivered , the Commission shall , ,
without delay , submit to the Council      without delay , submit to the Council a
a proposal relating to the measures        proposal relating to the measures to be
to be taken .    The Council shall act     taken . The Council shall act by a
by a qualified majority .                  qualified majority .
If , on the expiry of the period to be     If , on the expiry of a period of three
laid down in each act adopted by the       months from the date of referral to the
Council under this paragraph but           Council , the Council has not acted , the
which may not in any case exceed           proposed measures shall be adopted by
three months from the date of              the Commission .
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         1 . Unchanged
    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 .
 ---pagebreak---                            FRAMEWORK DIRECTIVE ( 73 )                     35
ORIGINAL COMMISSION                           AMENDED COMMISSION PROPOSAL
PROPOSAL
                                              FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                           THE EUROPEAN PARLIAMENT
                                              OF 16.11.80
2 . Member States shall communicate to   2 . Member States shall communicate to
    the Commission the texts of the          the Commission the texts of the
    provisions of national law which         provisions of national law which
    they adopt in the field covered by       they adopt , as well as those already
    this Directive .                         adopted , in the field covered by
                                             this Directive .
3 . Member States shall report to the    3 . Member States shall report to the
    Commission every two years on the        Commission every two years on the
    practical implementation of the          practical implementation of the
    provisions of this Directive ,           provisions of this Directive ,
    indicating the points of view of         indicating the points of view of
    employers and workers . The              employers and workers .
    Commission shall inform the
    committee and the tripartite             The Commission shall inform the
    committee .                              Council , the European Parliament ,
                                             the Economic and Social Committee
                                             and the Advisory Committee on
                                             Safety , Hygiene and Health
                                             Protection at Work .
                                             The Commission shall report
                                             periodically to the Council , the
                                             European Parliament and the Economic
                                             and Social Committee on the
                                             implementation of the Directive ,
                                             taking into account the provisions
                                             of Article 15(1 ) and ( 3 ).
 ---pagebreak---                             FRAMEWORK DIRECTIVE ( 73 )                    36
 ORIGINAI. COMMI S SION                         AMENDED COMMISSION PROPOSAL
 PROPOSAL                                       FOLLOWING THE OPINION OF
COM ( 88 ) 73 final                             THE EUROPEAN PARLIAMENT
                                                OF 16.11.88
                 Article 16
This Directive is addressed to the        Unchanged
Member States .
        ANNEX TO THE DIRECTIVE
List of technical areas referred to
in Article 13
- Workplaces
- Work equipment
- Personal protective equipment           ( amendment No 103 )
- Work with visual display units          List of technical areas referred to in
- Handling of heavy loads involving       Article 13 :
   risk of back injury
                                          1.   workplaces
                                          2.   work equipment
                                          3.   personal protective equipment
                                          4.   work with visual display units
                                          5.   handling of heavy loads involving
                                               risk of back injury
                                          6.   means of transport
                                          7.   temporary or mobile work sites
                                          8.   mining and quarrying
                                          9.   fishing and agriculture
                                          10 . nuclear installations