CELEX: 51989PC0195
Language: en
Date: 1989-04-27
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR WORK WITH VISUAL DISPLAY UNITS ( FOURTH INDIVIDUAL DIRECTIVE FALLING WITHIN THE TERMS OF ARTICLE 16 OF DIRECTIVE ... )

26. 5. 89                                 Official Journal of the European Communities                             No C 130/5
                                                                 II
                                                         (Preparatory Acts)
                                                    COMMISSION
            Amended proposal for a Council Directive concerning the minimum safety and health
                                        requirements for work with viusal display units (')
                  (Fourth individual Directive falling within the terms of Article 16 of Directive . . .)
                                                  COM(89) 195 final — SYN 127
             (Submitted by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty on
                                                           28 April 1989)
                                                           (89/C 130/07)
            (') OJ No C 113, 29. 4. 1988, p. 7.
                   COMMISSION PROPOSAL                                             AMENDED PROPOSAL BASED ON THE
                       COM(88) 77 final                                          OPINION DELIVERED BY THE EUROPEAN
                   (OJ No C 113, 29. 4. 1988)                                       PARLIAMENT ON 14 DECEMBER 1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             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, drawn up
after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,
In cooperation with the European Parliament,
Having regard to the opinion of the Economic and
Social Committee,
Whereas Article 118A of the Treaty provides that the                 Whereas Article 118A of the Treaty provides that the
Council shall adopt, by means of directives, minimum                 Council shall adopt, by means of directives, minimum
requirements for encouraging improvements as regards                 requirements designed to encourage improvements,
the health and safety of workers, especially in the                  especially in the working environment, to ensure better
working environment;                                                 protection of the safety and health of workers;
Whereas Article 118A also recommends that directives                 Deleted
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                 Whereas the communication from the Commission on its
programme concerning safety, hygiene and health at                   programme concerning safety, hygiene and health at
work provides for the adoption of directives designed to             work provides for the adoption of measures in respect of
guarantee the safety and health of workers;                          new technologies; whereas the Council has taken note
                                                                     thereof in its resolution of 21 December 1987 on safety,
                                                                     hygiene and health at work.
 ---pagebreak--- No C 130/6                           Official Journal of the European Communities                               26. 5. 89
                   COMMISSION PROPOSAL                                              AMENDED PROPOSAL
Whereas Member States have a responsibility to ensure           Deleted
the safety and health of persons on their territory, and of
workers in particular;
                                                               Whereas compliance with the minimum requirements for
                                                               ensuring a better level of safety at workstations with
                                                               visual display units (VDUs) is essential for ensuring the
                                                               safety and health of workers and whereas these
                                                               requirements are also essential to promote fair comp-
                                                               etition;
                                                               Whereas this Directive is an individual Directive within
                                                               the meaning of Article 16 of the Directive on the intro-
                                                               duction of measures to encourage improvements in the
                                                               safety and health of workers at work; whereas the
                                                               provisions of the latter are therefore fully applicable to
                                                               the use by workers of VDUs, without prejudice to more
                                                               stringent and/or specific provisions contained in the
                                                               present Directive;
Whereas Member States' legislative systems differ widely       Whereas the Member States' national provisions applying
with regard to the prevention of risks relating to work        to VDU work stations, which often include technical
with visual display units (VDUs);                               specifications and/or voluntary standards, may result in
                                                                different levels of safety and health protection for
                                                               workers;
Whereas Council Directive 83/189/EEC of 28 March                Deleted
1983 lays down a procedure for the provision of infor-
mation in the field of technical standards and regu-
lations;
Whereas, in order to achieve the maximum degree of              Deleted
protection which is reasonably practicable, it is essential
that workers and their representatives 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 employers must keep abreast of technological            Unchanged
progress in order to provide optimum safety and health
protection for their workers;
Whereas the requirements for work with VDUs are                Whereas the ergonomic aspects are           of  particular
essentially expressed in terms of the desired results;          importance for a VDU work station;
Whereas under the new approach to technical harmon-             Deleted
ization and standards it is desirable to have access to
technical reports detailing certain technical specifi-
cations;
Whereas a committee composed of members nominated               Deleted
by the Member States needs to be set up to assist the
Commission      in implementing the         supplementary
measurees provided for by the Directive,
 ---pagebreak--- 26. 5. 89                             Official Journal of the European Communities                           No C 130/7
                    COMMISSION PROPOSAL                                             AMENDED PROPOSAL
                                                                Whereas, pursuant to Decision 74/325/EEC ('), the
                                                                Advisory Committee for Safety, Hygiene and Health
                                                                Protection at Work shall be consulted by the
                                                                Commission on the drawing up of proposals in this field,
HAS ADOPTED THIS DIRECTIVE:                                     HAS ADOPTED THIS DIRECTIVE:
                          Article 1                                                      Article 1
1.    This Directive, which is an individual Directive           1.   This Directive, which is an individual Directive
within the meaning of Article 13 of Directive . . ., lays       within the meaning of Article 16 of the Directive on the
down minimum safety and health requirements for work            introduction of measures to encourage improvements in
with visual display units (VDUs) as defined in Article 2.       the safety and health of workers at work, lays down
                                                                minimum requirements for safety and health for work
                                                                with visual display units (VDUs) as defined in Article 2.
2.    This Directive shall apply to all work stations           2.    The provisions of the Directive referred to in
equipped with a VDU.                                            paragraph 1 are fully applicable to the use by workers of
                                                                personal protective equipment (sic) at work, without
                                                                prejudice to more stringent and/or specific provisions
                                                                contained in the present Directive.
It shall not apply to drivers' cabs or control cabs for         It shall not apply to:
vehicles or machinery, nor to onboard computer systems.
                                                                — drivers' cabs     or   control   cabs  for  vehicles  or
                                                                    machinery,
                                                                — onboard computer systems,
                                                                — computer systems mainly intended for public use,
                                                                — 'portable' systems intended for occasional use,
                                                                — CAD (computer aided design) terminals,
                                                                — calculators and cash registers,
                                                                — typewriters not possessing a separate screen display.
                          Article 2                                                      Article 2
For the purposes of this Directive, the following terms
have the meaning hereby assigned to them:
— 'Visual display unit': an alphanumeric            screen,     — Unchanged
    regardless of the display process employed.
— 'Work station': the assembly comprising the display           — 'Work station': an assembly that may comprise the
    screen, keyboard, peripherals including the printer,            following: display screen, keyboard, peripherals,
    the manuscript containing the data, the work chair,             including diskette drive, printer, document holder,
    the work desk, and the immediate work environment.              work chair, work desk, and the immediate work
                                                                    environment.
                                                                (') OJ No L 185, 9. 7. 1974.
 ---pagebreak--- No C 130/8                            Official Journal of the European Communities                                26. 5. 89
                   COMMISSION PROPOSAL                                               AMENDED PROPOSAL
— 'Worker': any person using a VDU.                             — 'Worker': any worker as defined in the Directive
                                                                     referred to in Article 1 (1), who regularly uses a
                                                                     VDU, even if for only part of the time.
                         Article 3                                                        Article 3
1.    Member States shall take all necessary measures to        The Member States shall provide for adequate checks
ensure that VDU work cannot compromise the safety or            and supervision to ensure the implementation of this
health of workers.                                              Directive.
2.    Member States shall ensure that the necessary             Deleted
checks pursuant to paragraph 1 are carried out.
                         Article 4                                                        Article 4
1.    Employers shall be obliged to perform an analysis         Unchanged
of work stations in order to evaluate the safety and
health risks to workers.
2.    They shall, where necessary, take appropriate              2.    They shall take appropriate measures to eliminate
remedial measures in the light of the risks found.              the risks found.
                         Article 5                                                        Article 5
Work stations put into service two years after the entry        Workstations put into service after the entry into force
into force of this Directive shall take into account at          of this Directive shall take into account the minimum
least the minimum requirements laid down in the Annex            requirements laid down in the Annex to this Directive.
to this Directive.
                         Article 6                                                        Article 6
Existing work stations not covered by Article 5 shall be         Work stations already in place when this Directive enters
adapted, in so far as is reasonably possible, to comply          into force shall be adapted to comply with the minimum
with the minimum requirements laid down in the Annex             requirements laid down in the Annex not later than two
to this Directive.                                               years after the entry into force of this Directive.
                                                                                         Article 6a
                                                                 Workers or their representatives shall be entitled to
                                                                 submit proposals to the employer concerning specific
                                                                 measures regarding the organization and equipping of
                                                                 VDU work stations.
                          Article 7                                                       Article 7
 1.    Every worker involved in VDU work shall receive            1.   Every worker who uses a VDU at his/her work
 adequate training before commencing this type of work           station shall receive training in its use before
 and at regular intervals thereafter.                            commencing this type of work and whenever the organ-
                                                                 ization of the work station is substantially modified.
 ---pagebreak--- 26. 5. 89                             Official Journal of the European Communities                               No C 130/9
                    COMMISSION PROPOSAL                                                AMENDED PROPOSAL
2.    Workers shall receive information on all aspects of       Unchanged
health and safety relating to their work station, including
the possible effects on their eyes and physical or mental
problems.
                                                                                        Article 7a (new)
                                                                The employer shall ensure that daily working time on a
                                                                V D U is appropriately divided up.
                         Article 8                                                          Article 8
Workers or their representatives shall be consulted by the       In accordance with Article 11 of the Directive referred to
employer on the measures taken pursuant to this                  in Article 1 (1) of the present Directive, workers or their
Directive which concern them directly, and in particular         representatives:
on the measures taken pursuant to Article 6.
                                                                — shall be consulted on the implementation of the
                                                                     provisions of Articles 5 and 6,
                                                                — shall take part in deciding the arrangements for
                                                                     dividing up daily working time on VDUs.
                         Article 9                                                           Article 9
Workers shall have an appropriate ophthalmological               Unchanged
examination prior to commencing V D U work and if
they report visual discomforts which may be connected
with the work.
The worker shall be provided with special glasses tested
for the work concerned if an ophthalmological exam-
ination shwos that they are required and that glasses
intended for normal purposes cannot be used.
                         Article 10                                                         Article 10
 1.   The Commission shall adapt the Annex to this               For the purpose of adapting the Annex to take account
Directive to take account of technical progress and              of:
developments in regulations, giving priority to the
                                                                 — technical progress, developments in international
European standards.
                                                                     regulations and specifications and knowledge in the
                                                                     field of VDUs, the Commission shall be assisted by
                                                                     the Committee in accordance with the procedure laid
                                                                     down in Article 17 of the Directive referred to in
                                                                     Article 1 (1) of the present Directive.
2.    For the purpose of making the adaptations referred         Deleted
to in paragraph 1 the Commission shall be assisted by a
committee, following the procedure laid down in Article
 14 of Directive . . .
                         Article 11                                                         Article 11
 1.   Member States shall bring into force the laws,              1.    Member States shall bring into force the laws,
regulations and administrative provisions necessary to           regulations and administrative provisions necessary to
comply with this Directive by 1 January 1991 at the              comply with this Directive by the date on which the
latest and shall forthwith inform the Commission                  Directive referred to in Article 1 (1) of the present
thereof.                                                          Directive is to enter into force and shall forthwith inform
                                                                 the Commission thereof.
 ---pagebreak--- No C 130/10                                Official Journal of the European Communities                                     26. 5. 89
                      COMMISSION PROPOSAL                                                    AMENDED PROPOSAL
2.      Member States shall communicate to the                       2.     Member States shall communicate to the
Commission the texts of the provisions of national law               Commission the texts of the provisions of national law
which they adopt in the field covered by this Directive.             which they adopt, or have already adopted, in the field
                                                                     covered by this Directive.
Any technical regulations which Member States intend to
adopt under this Directive shall be communicated to the
Commission at the draft stage in accordance with the
procedure laid down in Article 8 of Council Directive
83/189/EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of
technical standards and regulations.
3.     Member States shall report to the Commission                  3.     Member States shall report to the Commission
every two years on the practical implementation of the               every five years on the practical implementation of the
provisions of this Directive, indicating the points of view          provisions of this Directive, indicating the points of view
of employers and workers. The Commission shall inform                of employers and workers. The Commission shall inform
the committee and the tripartite committee.                          the Council, the European Parliament, the Economic
                                                                     and Social Committee, the Advisory Committee on
                                                                     Safety, Hygiene and Health Protection at Work and the
                                                                     committee provided for under Article 17 of the Directive
                                                                     referred to in Article 1 (1) of the present Directive.
                                                                     4.     The Commission shall submit a report on the
                                                                     implementation of this Directive at regular intervals to
                                                                     the Council, the European Parliament and the Economic
                                                                     and Social Committee, taking into account the provisions
                                                                     of paragraphs (2) and (3).
                           Article 12                                                             Article 12
This Directive is addressed to the Member States.                    Unchanged
                             ANNEX                                                                 ANNEX
                                                                     The requirements laid down in this Annex shall apply as and
                                                                     where appropriate, depending on the presence of the
                                                                     components considered in the work station and on the demands
                                                                     of the task in question.
1. Display Screen                                                    1. Display screen
   The characters on the screen shall be well-defined and               Unchanged
   clearly formed, of adequate size and with adequate spacing
   between the characters and lines. The image on the screen
   should be stable, with no flickering or other forms of insta-
   bility.
   The brightness contrast between the characters and the back-         Unchanged
   ground shall be easily adjustable by the operator.
   The screen shall, as far as reasonably practicable, be               The screen shall be easily and freely rotatable and tiltable to
   rotatable, tiltable and movable to suit the needs of the             suit the needs of the operator. It shall be possible to use a
   operator.                                                            separate base for the screen or an adjustable table. The
                                                                        screen shall be free of reflections.
 ---pagebreak--- 26. 5. 89                                  Official Journal of the European Communities                               No C 130/11
                      COMMISSION PROPOSAL                                                  AMENDED PROPOSAL
2. Keyboard                                                          2. Keyboard
   The keyboard shall be separate from the screen so as to              The keyboard shall be inclined and separate from the screen
   allow the worker to find a suitable working position avoiding        so as to allow the worker to find a comfortable working
   muscle fatigue in the arms and hands. The space around the           position avoiding muscle fatigue in the arms or hands. The
   keyboard shall be sufficient to provide support for the hands        space in front of the keyboard shall be sufficient to provide
   and arms of the operator.                                            support for the hands and arms of the operator.
   The keyboard shall have a matt surface to avoid reflective           Unchanged
   glare; the keys shall have low-reflectance surfaces and
   concave tops.
   The symbols on the keys shall be adequately contrasted.
3. Work desk                                                            Unchanged
   The work desk shall have a sufficiently large, low-reflectance
   surface and allow a flexible arrangement of the screen,
   keyboard, documents and related equipment.
   The document holder shall be situated on the desk on the
   same level as the display screen to minimize the need for
   rapid head and eye movements.
   Adequate leg space is necessary.
4. Work chair                                                        4. Work chair
   The work chair shall be stable but allow the worker easy             Unchanged
   freedom of movement.
   The seat height shall be adjustable and all chairs shall have        The seat shall be adjustable in height. The seat back shall be
   back rests adjustable in height and tilt. The possible need for      adjustable in both height and tilt to ensure a comfortable
   a footrest shall be taken into account.                              position for the operator. A footrest shall be made available
                                                                        to anyone who wishes one.
5. Lighting                                                             Unchanged
   Suitable ambient lighting is required so as to provide satis-
   factory working conditions and an appropriate contrast
   between the screen and the background environment.
   Lamps for secondary activities shall be provided where
   necessary; they shall be adjustable but shall not cause glare
   or reflections on the screen.
6. Reflections and glare                                                Unchanged
   A VDU shall be positioned so that neither the screen nor the
   operator are facing a window. Windows shall be fitted with a
   suitable system of adjustable covering.
 ---pagebreak--- N o C 130/12                              Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                          26. 5. 89
                      COMMISSION PROPOSAL                                                                    AMENDED PROPOSAL
7. Noise                                                                       7. Noise
   The printer shall be placed where it does not distract                          Noise from equipment (printer, diskette drive, built-in fan,
   attention or disturb speech.                                                    etc.) shall be taken into account when the work station is
                                                                                   being equipped, in particular so as not to distract attention or
                                                                                   disturb speech.
                                                                               7. (a) Heat
                                                                                   The heat generated by computer equipment shall not cause
                                                                                   discomfort.
                                                                               7. (b) Radiation
                                                                                   A constant effort shall be made to reduce the radiation
                                                                                   emitted by equipment that includes a display screen.
8. Humidity                                                                        Unchanged
   An adequate level of humidity shall be established and main-
   tained.
9. Operator/computer interface                                                 9. Operator/computer interface
   The psycho-social factors applicable to work on screen and                      The psycho-social factors applicable        to the writing of
   program writing (software development) shall be taken into                      programs (software) and to the tasks       resulting from such
   account.                                                                        programs shall be taken into account;      no clandestine indi-
                                                                                   vidual checks (tell-tale devices) may        be built into the
                                                                                   programs.
   The principles of software ergonomics shall be applied in                       The principles of software ergonomics shall be applied in
   particular to human data processing and decision-making                         particular to human data processing.
   capacities.