CELEX: 51989PC0086
Language: en
Date: 1989-03-20
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING SAFETY AND HEALTH REQUIREMENTS FOR THE WORKPLACE ( FIRST INDIVIDUAL DIRECTIVE FALLING WITHIN THE TERMS OF ARTICLE 16 OF DIRECTIVE... )

No C 115/34                          Official Journal of the European Communities                                      8. 5. 89
                  COMMISSION PROPOSAL                                            AMENDED COMMISSION PROPOSAL
                                                                  The Commission shall inform 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 in
                                                                  Article 17 of the Directive referred to in Article 1 (1) of this
                                                                  Directive.
                                                                  4. The Commission shall report periodically to the
                                                                  Council, the European Parliament and the Economic and
                                                                  Social Committee on the implementation of the Directive in
                                                                  the light of paragraphs 1 to 3.
                        Article 10
This Directive is addressed to the Member States.
                        ANNEX I                                   (unchanged)
                        ANNEX II                                  (unchanged)
                       ANNEX     III                              (unchanged)
                       ANNEX     IV                               (unchanged)
              Amended proposal for a Council Directive concerning safety and health requirements for the
                                                        workplace (])
                                                COM(89) 86 final — SYN 124
                     (First individual Directive falling within the terms of Article 16 of Directive...)
                      (Submitted by the Commission pursuant to Article 149(3) of the EEC Treaty
                                                     on 22 March 1989)
                                                        (89/C 115/03)
                OJ No C 141, 30. 5. 1988, p. 6.
                  COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL (*)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European             (unchanged)
Economic Community, and in particular Article 118A
thereof,
Having regard to the proposal from the Commission,
drawn up after consultation with the Advisory Committee
for Safety, Hygiene and Health Protection at Work,
Having regard to the opinion of the Economic and Social
Committee,
In cooperation with the European Parliament,
Whereas Article 118A of the EEC Treaty provides that the          Whereas Article 118A of the EEC Treaty provides that the
Council shall issue Directives containing minimum                 Council shall issue Directives containing minimum
requirements designed to encourage improvements, espe-            requirements designed to encourage improvements, espe-
cially in the working environment, as regards the health          cially in the working environment, which will ensure better
and safety of workers;                                            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 SMUs;
                                                                  (!) Following the opinion of the European Parliament of
                                                                      16 November 1988.
 ---pagebreak---  8. 5. 89                               Official Journal of the European Communities                               No C 115/35
                   COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
Whereas the communication from the Commission on its               (unchanged)
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 December 1987                 Whereas the Council, in its Resolution of 21 December
concerning safety, hygiene and health at the workplace             1987 concerning safety, hygiene and health at work, noted
 noted the Commission's intention to present to it in the          the Commission's intention to present to it in the near
 near future minimum requirements concerning the safety            future minimum requirements concerning the organization
 and health of workers at work;                                    of the workplace;
Whereas it is incumbent on Member States to ensure the             (deleted)
safety and health of persons, in particular workers, within
their national territory;
Whereas the completion of the internal market entails the          (unchanged)
drawing up of Directives based on Article 100A, in
accordance with the new approach to harmonization and
standardization, making compliance with essential safety
requirements for the design, manufacture or construction
of products a condition for their sale and free movement
throughout the Community and in view of the fact that
some of these products have an effect on workplaces;
Whereas the Member States have very different systems of           (deleted)
legislation on safety and health at work; 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
distort competition;
                                                                  Whereas this Directive is an individual Directive within the
                                                                   meaning of Article 16 of the Directive on the introduction
                                                                  of measures to encourage improvements in the safety and
                                                                  health of workers at work and that therefore the provisions
                                                                  of the latter are fully applicable to the field of workplaces,
                                                                  without prejudice to more stringent and/or specific
                                                                  provisions contained in the present Directive;
                                                                  Whereas this Directive constitutes a social complement to
                                                                  various technical harmonization Directives designed to
                                                                  complete the internal market;
Whereas compliance with the minimum requirements for              Whereas compliance with the minimum requirements for
health and safety at work is essential to ensure the safety       ensuring a better level of safety and health at workplaces is
and health of workers and to promote fair competition;            essential to ensure the safety and health of workers and
                                                                  whereas these requirements are also essential to promote
                                                                  fair competition;
Whereas the minimum requirements for the workplace are             (unchanged)
basically expressed in terms of intended results; whereas, in
implementation of the new approach to technical harmoni-
zation and standardization, it is desirable to have technical
reports which provide technical details of the aforesaid
minimum requirements and give grounds for presumption
of compliance with those minimum requirements and for
the aforesaid technical reports to be supplemented in some
cases by references to measurement methods covered by
harmonized standards;
 ---pagebreak--- No C 115/36                             Official Journal of the European Communities                                 8. 5. 89
                   COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
Whereas, pending the adoption of technical reports within          (unchanged)
the meaning of this Directive, it is advisable to facilitate
compliance with the minimum requirements by agreeing to
continue using national provisions in the interim combined
with a Community monitoring procedure to ensure that the
national provisions correspond to the minimum require-
ments laid down by this Directive; whereas, for this
purpose, the Committee is the most appropriate body to
assist the Commission in the monitoring at Community
level of compliance with the national provisions;
Whereas this Directive is designed to protect the safety and       (deleted)
health of workers by laying down essential minimum
requirements, without impeding the retention or institution
by each Member State of specific measures for safer
working conditions;
Whereas it is important to ensure adequate consultation            (deleted)
with both sides of industry, and in particular with workers'
organizations, on the technical work relating to this
Directive;
Whereas, as is widely practised in the Member States, it is        Whereas, as is widely practised in the Member States, it is
advisable to let manufacturers be responsible for comply-          advisable to let employers be responsible for complying
ing with the minimum requirements for the design,                  with the minimum requirements for the design, construc-
construction and organization of the workplace or                  tion and organization of the workplace or elements
elements thereof;                                                  thereof; whereas compliance with the minimum require-
                                                                   ments may be checked at each of these stages by the public
                                                                   authorities;
Whereas it is important to encourage cooperation between           (deleted)
management and labour with regard to decision making
and measures concerned with the protection of safety and
health at the workplace, at all levels;
Whereas there is a need for a committee to assist the              (deleted)
Commission in implementing supplementary measures
provided for by the Directive;
                                                                   Whereas, pursuant to Decison No 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:
                           Subject
                          Article 1
1. This Directive, which is an individual Directive within         1. This Directive, which is an individual Directive within
the meaning of Article 13 of Directive ..., lays down              the meaning of Article 16 of the Directive on the
minimum requirements for safety and health at work, as             introduction of measures to encourage improvements in
defined in Article 2.                                              the safety and health of workers at work, lays down
                                                                   minimum requirements for safety and health at the
                                                                   workplace, as defined in Article 2.
                                                                   (!) O) No L 185, 9. 7. 1974.
 ---pagebreak--- 8. 5. 89                                 Official Journal of the European Communities                             No C 115/37
                   COMMISSION PROPOSAL                                           AMENDED COMMISSION PROPOSAL
2.   This Directive does not apply to:                              (unchanged)
— means of transport,
— temporary or mobile work sites.
3. This Directive does not impede the retention or                  (deleted)
institution by each Member State of more stringent
protection measures for working conditions compatible
with the Treaty.
                                                                    3. The provisions of the Directive referred to in
                                                                    paragraph 1 are fully applicable to the field defined above,
                                                                    without prejudice to more stringent and/or specific
                                                                    provisions set out in the present Directive.
                          Definitions
                           Article 2
For the purposes of this Directive, the following terms have        (beginning unchanged)
the meanings hereby assigned to them:
— Workplace
    Any fixed place indended to house permanent work-
    stations on the premises or at the site of the undertaking
    and/or establishment, including any room or place
    accessible to a worker.
    Undertaking and/or establishment                                (deleted)
    A public- or private-sector establishment engaged in
    industrial, agricultural, commercial, administrative,
    service, educational or cultural activities.
    Worker                                                          (deleted)
    A person doing work of any sort, including students
    undergoing training and apprentices.
                         Workplaces
                           Article 3
1. The Member States shall take all useful measures to              (deleted)
ensure that the workplaces referred to in Article 1, when
used as intended and properly maintained, cannot
adversely affect the safety and health of workers or of other
persons present.
2. The Member States shall carry out any necessary                  The Member States shall provide adequate checks and
checks in accordance with paragraph 1.                              supervision to ensure the implementation of this Directive.
                           Article 4
Workplaces designed, constructed, fitted out, com-                  (unchanged)
missioned or used after the entry into force of this Directive
must satisfy the minimum safety and health requirements
set out in Annex I.
 ---pagebreak---  No C 115/38                             Official Journal of the European Communities                                    8. 5. 89
                    COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                           Article 5                                (unchanged)
 1. The Member States shall presume that any workplaces
 designed, constructed, fitted out or commissioned in
 accordance with the national provisions which take into
 account at least the technical reports for the minimum
 safety and health requirements, the references for which
 have been published in the Official Journal of the European
 Communities, comply with the minimum safety and health
 requirements referred to in Article 4.
2. The Member States shall forward to the Commission
the texts of their draft and existing national measures
which they regard as complying with the technical reports
referred to in paragraph 1, without prejudice to 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. The Commission shall
immediately forward these texts to the other Member
States. In accordance with the procedure provided for in
Article 9, paragraph 2, it shall notify the Member States of
the national measures which can enjoy presumption of
compliance with the minimum safety and health require-
ments. The Commission shall publish the reference for
such national measures in the Official Journal of the
European Communities.
3. In the absence of the technical reports provided for in
paragraph 1, and as a temporary measure, the Member
States shall communicate to the Commission the text of
their draft and existing national measures which they
regard as fulfilling the minimum safety and health
requirements listed in Annex I, without prejudice to
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. The Commis-
sion shall immediately forward these texts to the other
Member States. In accordance with the procedure provided
for in Article 9, paragraph 2, it shall notify the Member
States of the measures which can enjoy presumption of
compliance with the minimum safety and health require-
ments. The Commission shall publish the references for
such national measures in the Official Journal of the
European Communities.
                          Article 6
The Member States shall take any measures necessary to             The Member States shall take any measures necessary to
ensure that employers apply the minimum safety and health          ensure that employers apply the minimum safety and health
requirements set out in Annex II in existing and used              requirements set out in Annex II in existing and used
workplaces at the latest five years after the entry into force     workplaces at the latest five years after the entry into force
of this Directive, without prejudice to the national               of this Directive.
provisions on safety and health at work in force when the
Directive is adopted and the relevant ergonomic principles.
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                               No C 115/39
                   COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                          Article 7
When workplaces undergo modifications, extensions and/             When workplaces undergo modifications, extensions and/
or conversions after the entry into force of the Directive, the    or conversions after the entry into force of the Directive, the
Member States shall ensure that the employer takes any             Member States shall ensure that the employer takes any
measures necessary, where this is reasonably practicable, to       measures necessary to ensure that these modifications,
ensure that these modifications, extensions and/or conver-         extensions and/or conversions are in compliance with the
sions are in compliance with the corresponding minimum             corresponding minimum safety and health requirements set
safety and health requirements set out in Annex I.                 out in Annex I.
                          Article 8
1. The Member States shall take any measures necessary             1. In order to protect the health and safety of workers, the
to ensure that employers use only workplaces which                 employer shall ensure:
comply with this Directive. The employer shall ensure:
    that traffic routes to emergency exits and the exits           (rest of point 1 unchanged)
    themselves are kept clear for immediate use,
    that the necessary technical maintenance of the
    workplace is carried out and that any faults found are
    rectified as quickly as possible. If the faults entail a
    serious and immediate risk and cannot be rectified
    immediately, work must be stopped,
    that the workplace is cleaned to an adequate level of
    hygiene,
   that the safety equipment intended to prevent or
   eliminate hazards is regularly maintained and checked.
2. Workers or their representatives shall be consulted on          2. Workers or their representatives shall be informed of
health and safety aspects on the basis of Annex I and/or           all health and safety protection measures to be taken and
Annex II, as appropriate.                                          shall be consulted in accordance with Article 11 of the
                                                                   Directive referred to in Article 1, paragraph 1, of the
                                                                   present Directive, on the basis of Annex I and/or Annex II,
                                                                   as appropriate.
If measures taken by the employer to ensure the safety of          (deleted)
existing workplaces, in use or planned, are, in the opinion
of the workers or their representatives, inadequate, they
may request a visit by the authorities responsible for health
and safety at the workplace.
                                                                   3. Workers or their representatives shall be able to
                                                                   request their employers to take appropriate measures to
                                                                  guarantee safety and health protection at the workplace or
                                                                  to eliminate potential hazards.
 ---pagebreak--- No C 115/40                             Official Journal of the European Communities                               8. 5. 89
                   COMMISSION PROPOSAL                                           AMENDED COMMISSION PROPOSAL
                           Article 9                               (unchanged)
 1. When a Member State or the Commission considers
that the draft technical reports referred to in Article 5 do
not satisfy the minimum requirements which apply to
them, referred to in Article 4, the Commission shall refer
the matter to the Committee referred to in Article 10,
giving its reasons, and shall, if necessary, consult the
Advisory Committee for Safety, Hygiene and Health
Protection at Work set up by Council Decision 74/325/
EEC, hereinafter referred to as the tripartite Committee.
In the light of the Committee's opinion, the Commission
shall publish the reference for the technical report or
request an amendment to the draft.
2. Once it has received the Communications referred to in
Article 5, paragraphs 2 and 3, the Commission shall
consult the Committee and, if necessary, the tripartite
Committee. In the light of the Committee's opinion, the
Commission shall inform the Member States within three
months whether or not the national measure in question
can enjoy presumption of compliance with the minimum
requirements and be published in the Official Journal of the
European Communities.
If the Commission or a Member State considers that a
national provision no longer fulfils the conditions
necessary for it to enjoy presumption of compliance with
the minimum safety and health requirements set out in
Article 4, the Commission shall consult the Committee
and, if necessary, the tripartite Committee. In the light of
the Committee's opinion, it shall inform the Member States
whether or not the provision in question shall continue to
enjoy presumption of compliance, and, if not, whether it
shall be withdrawn from the publication referred to in
Article 5, paragraph 1.
                  Changes to the Annexes
                          Article 10
1. The Commission shall make changes to the annexes to            For the purposes of making changes to Annexes I and II of
this Directive as a result of:                                    this Directive as a result of:
    the adoption of Directives on technical harmonization          (rest of point 1 unchanged)
    and standardization of the design, manufacture or
    construction parts of workplaces,
    technical progress, changes in international regulations
    or specifications and know-how in the field of
    workplaces.
                                                                  The Commission shall be assisted by the Committee and
                                                                  shall follow the procedure set out in Article 17 of the
                                                                  Directive referred to in Article 1^, paragraph 1, of the
                                                                  present Directive.
2. In making the changes referred to in paragraph 1, the           (deleted)
Commission shall be assisted by a committee and shall
follow the procedure set out in Article 14 of Directive ...
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                             No C 115/41
                    COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                       Final provisions
                           Article 11
1. The Member States shall bring into force the laws,              The 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 latest.        comply with this Directive by the date fixed for the entry
They shall immediately notify the Commission.                      into force of the Directive referred to in Article 1,
                                                                   paragraph 1, of the present Directive. They shall im-
                                                                   mediately notify the Commission.
2. The Member States shall forward to the Commission               2. The Member States shall forward to the Commission
the text of the national provisions which they are adopting        the text of the national provisions which have already been
in the field governed by this Directive.                           adopted or which they are adopting in the field governed by
                                                                   this Directive.
3. At two-yearly intervals, the Member States shall report         3. At five-yearly intervals, the Member States shall report
to the Commission on the practical implementation at the           to the Commission on the practical implementation at the
workplace of the provisions of this Directive, indicating the      workplace of the provisions of this Directive, indicating the
opinions of the two sides of industry. The Commission              opinions of the two sides of industry. The Commission
shall inform the Committee and tripartite Committee.               shall inform the Council, the European Parliament, the
                                                                   Economic and Social Committee, the Advisory Committee
                                                                   for Safety, Hygiene and Health at Work and the Committee
                                                                   described in Article 17 of the Directive referred to in
                                                                   Article 1, paragraph 1, of the present Directive.
                                                                   4. At regular intervals, the Commission shall forward a
                                                                   report on the implementation of the Directive to the
                                                                   Council, the European Parliament and the Economic and
                                                                   Social Committee, taking into account the provisions set
                                                                   out in paragraphs 2 and 3.
                           Article 12                              (unchanged)
This Directive is addressed to the Member States.
                           ANNEX 1
            Preliminary remark                                     (beginning unchanged)
            The minimal health and safety requirements
            shall only apply where the workplace is subject
            to the risk in question.
2.          Minimum health and safety requirements for
            workplaces
2.0.        Structure and stability
            Buildings housing workplaces shall have the
            structure and stability appropriate to the type of
            use.
2.1.        Electrical installations
            Electrical installations shall be designed and
            constructed in such a way that they do not
            present a fire or explosion hazard; persons must
            be adequately protected against the risk of
            accidents caused by direct or indirect contact.
 ---pagebreak--- No C 115/42                         Official Journal of the European Communities                                8. 5. 89
                COMMISSION PROPOSAL                                       AMENDED COMMISSION PROPOSAL
        The design, construction, choice of material and
        protection devices shall be appropriate to the
        voltage, external conditions and the competence
        of persons with access to parts of the instal-
        lation.
2.2.    Emergency exits                                        2.2.    Emergency exits
        The emergency exits shall lead as directly as                  Emergency exits shall be kept clear and shall
        possible to the open air or a safe area.                       lead as directly as possible to the open air or a
                                                                       safe area.
2.2.1.  In the event of danger, it must be possible for                (unchanged)
        workers to evacuate all workstations quickly
        and in complete safety.
2.2.2.  The number, distribution and dimensions of the                 (unchanged)
        emergency exits shall depend on the use,
        equipment and surface area of the workplaces
        and the maximum number of persons that may
        be present.
2.2.3.  Emergency exit doors shall be easy to open and                 (unchanged)
        shall open outwards; sliding doors and revolv-
        ing doors shall not be permitted unless there are
        sufficient of them.
2.2.4.  Emergency exits shall be marked by signs in                    (unchanged)
        accordance with the national regulations im-
        plementing Directive 77/756/EEC; the signs
        shall be permanent and shall be placed at
        appropriate points.
                                                              2.2.5.   The doors along escape routes shall not be
                                                                       locked. Emergency exits, escape routes and
                                                                       traffic routes, and the doors which give access to
                                                                       them, shall be kept clear for immediate use.
                                                              2.2.6.   In case the lighting fails, the emergency exits
                                                                       shall be equipped with adequate emergency
                                                                       lighting.
2.3.    Fire detection and fire fighting
2.3.1.  Depending on the dimensions, height, use and                   (unchanged)
        equipment of the buildings and on the maximum
        potential number of people present, the work-
        places shall be equipped with fire detectors,
        suitably distributed, an alarm system and
        appropriate automatic and/or manual fire-
        fighting equipment.
2.3.2.  Non-automatic fire-fighting equipment shall be        2.3.2.   Non-automatic fire-fighting equipment shall be
        marked by signs in accordance with the national                easily accessible and easy to use and shall be
        regulations implementing Directive 77/756/                     marked by signs in accordance with the national
        EEC. Such signs shall be permanent and placed                  regulations implementing Directive 77/756/
        at appropriate points.                                         EEC. Such signs shall be permanent and placed
                                                                       at appropriate points.
 ---pagebreak--- 8. 5. 89                               Official Journal of the European Communities                          No C 115/43
                  COMMISSION PROPOSAL                                        AMENDED COMMISSION PROPOSAL
                                                                  2.3.3.  Fire detectors, alarm systems or non-automatic
                                                                          fire-fighting devices shall be checked regularly.
2.4.     Ventilation of enclosed workplaces (rooms)               2.4.    Ventilation of enclosed    workplaces
         The air in enclosed rooms shall be naturally or                  The air in enclosed rooms shall be kept
         artificially renewed so that workers have a                      sufficiently fresh during working hours, having
         sufficient supply of air of an adequate quality,                 regard to the working methods used and the
         having regard to the work they are carrying out.                 physical effort required of the workers. If a
                                                                          forced ventilation system is used, it shall be in
                                                                          working order at all times. An alarm shall be
                                                                          triggered in the event of any failure.
2.5.     Room      temperatures
2.5.1.   During working hours, the air temperature in             2.5.1.  During working hours, the air temperature in
         rooms comprising the workplaces shall be                         rooms comprising the workplaces shall be
         comfortable, having regard to the nature of the                  comfortable, having regard to the working
         work carried out and the physical effort required                methods used and the physical effort required of
         of the workers.                                                  the workers.
2.5.2.   The temperature in rest areas, rooms for duty                    (unchanged)
         staff, sanitary facilities, canteens and first aid
         rooms shall be appropriate to the purpose of
         these areas.
2.5.3.   Climate control installations shall not blow or          2.5.3.  Climate control installations shall not blow or
         radiate on to workstations in such a way that                    radiate on to workstations in such a way that
         workers are exposed to draughts or dangerous                     workers are exposed to draughts or dangerous
         temperatures.                                                    temperatures. These installations shall be in
                                                                          working order at all times and shall be cleaned
                                                                          regularly, to appropriate hygienic requirements.
                                                                          Deposits or dirt which may result in pollution of
                                                                          the air at the workplace shall be removed
                                                                          immediately.
2.5.4.   Windows, skylights and glass partitions shall be                 (unchanged)
         such as to prevent excessive insulation.
2.6.     Natural and artificial room lighting
2.6.1.   Rooms shall as far as possible receive sufficient                (unchanged)
         daylight and be equipped with adequate suf-
         ficient artificial lighting.
 ---pagebreak--- No C 115/44                           Official Journal of the European Communities                                  8. 5. 89
                 COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
                                                                 2.6.2.   Lighting installations in workrooms and passa-
                                                                          geways shall be so positioned that they create no
                                                                          risk of accident to the workers.
2.6.2.   Rooms in which workers may be exposed to                         (becomes 2.6.3)
         risks in the event of failure of artificial lighting
         must be provided with adequate emergency
         lighting.
2.7.    Floors, wall and ceilings of rooms                       2.7.    Floors, walls, ceilings and roofs
1.1 A.  The floors of workplaces shall be level, with no         2.7.1.  The floors of workplaces shall normally be level,
        unevenness, holes or dangerous slopes; they                      with no unevenness, holes or dangerous slopes;
        shall be fixed, stable and non-slip and it shall be              they shall be fixed, stable and non-slip. (Rest
        possible to clean them to appropriate hygienic                   deleted.)
        requirements in accordance with the purpose for                  Workstations at which workers stand shall be
        which the rooms are used.                                        provided with adequate thermal insulation,
                                                                         having regard to the type of undertaking and the
                                                                         physical activity carried out by the worker.
2.7.2.  The surfaces of walls and ceilings in rooms shall       2.7.2.   The surfaces of floors, walls and ceilings in
        be such that they can be cleaned or refurbished                  rooms shall be such that they can be cleaned or
        to appropriate hygienic requirements.                            refurbished to appropriate hygienic require-
                                                                         ments.
2.7.3.  Transparent or translucent walls, in particular         2.7.3.   Transparent or translucent walls, in particular
        all-glass partitions, in rooms or in the vicinity of             all-glass partitions, in rooms or in the vicinity of
        workstations and traffic routes shall be made of                 workstations and traffic routes shall be clearly
        safety material or be shielded from workstations                 marked and made of safety material or be
        or traffic routes to prevent workers from coming                 shielded from workstations or traffic routes to
        into contact with walls or from being injured                    prevent workers from coming into contact with
        should the walls shatter.                                        walls or from being injured should the walls
                                                                         shatter.
                                                                2.7.4.   Access to roofs constructed in materials which
                                                                         are not sufficiently strong shall only be author-
                                                                         ized if equipment is provided to prevent falls.
2.8.    Windows and skylights
2.8.1.  Workers shall be able to open, close, adjust and        2.8.1.   Workers shall be able to open, close, adjust and
        secure windows, skylights and ventilation                        secure windows, skylights and ventilation
        installations in complete safety. When open,                     installations in complete safety. When open,
        they should not be so positioned as to constitute                they should not be so positioned as to constitute
        a hazard to workers. Unopenable windows shall                    a hazard to workers. Unopenable windows shall
        not be permitted, unless the work requires it and                not be permitted, unless the work requires it and
       there is adequate ventilation and artificial                      there is adequate artificial lighting and venti-
        lighting.                                                        lation or air conditioning.
 ---pagebreak--- 8. 5. 89                               Official Journal of the European Communities                         No C 115/45
                 COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
2.8.2.   Windows and skylights must be designed, or               2.8.2.  Windows and skylights shall be designed or
         equipped to allow them to be cleaned without                     equipped so that when they are being cleaned, an
         risk to the workers carrying out this work or to                 appropriate level of safety is ensured for the
         workers present in and around the building.                      workers carrying out this work and for workers
                                                                          present in and around the building.
2.9.     Doors, gates and automatic      doors                            (unchanged)
2.9.1.   The position, number and dimensions of doors                     (unchanged)
         and gates shall be determined by the nature and
         use of the rooms or areas.
2.9.2.   Swing doors shall be transparent or have see-            2.9.2.  Swing doors and gates shall be transparent or
         through panels.                                                  have see-through panels.
2.9.3.   If transparent or translucent surfaces in doors                  (unchanged)
         and gates are not made of unbreakable material
         and if there is a danger that workers may be
         injured if a door should shatter, the surfaces
         shall be protected against breakage.
2.9.4.   Sliding doors shall be fitted with a mechanism to                (unchanged)
         secure them from being lifted off their mount-
         ings and falling out.
2.9.5.   Doors and gates opening upwards shall be fitted                  (unchanged)
         with a mechanism to secure them against falling
         back.
2.9.6.   Doors along escape routes shall be appropriately         2.9.6.  Doors situated along escape routes shall be
         marked. It shall be possible to open them from                   appropriately marked. It shall be possible to
         the inside without the use of any special aid                    open them from the inside without the use of any
         throughout the period that the workplaces are                    special aid throughout the period that the
         occupied. They shall open outwards.                              workplaces are occupied. They shall open
                                                                          outwards and be kept clear.
2.9.7.   Doors for pedestrians shall be provided in the           2.9.7.  Doors for pedestrians shall be provided in the
         immediate vicinity of any gates intended essen-                  immediate vicinity of any gates intended essen-
         tially for vehicle traffic.                                      tially for vehicle traffic. Such doors shall be
                                                                          clearly marked and kept clear at all times.
2.9.8.   Mechanical doors and gates shall function in                     (unchanged)
         such a way that there is no risk of accident to
         workers. They shall be fitted with easily
         identifiable and accessible emergency shut-
         down devices and it shall be possible to open
         them by hand.
 ---pagebreak--- No C 115/46                           Official Journal of the European Communities                                8. 5. 89
                  COMMISSION PROPOSAL                                       AMENDED COMMISSION PROPOSAL
2.10.    Traffic routes — dangerous areas
2.10.1.  Traffic routes, including stairs, fixed ladders                  (unchanged)
         and leading ramps, shall be located and dimen-
         sioned to ensure easy, safe and appropriate
         access for pedestrians or vehicles in such a way
         as not to endanger workers employed in the
         vicinity of these traffic routes.
2.10.2.  Routes used for pedestrian traffic and/or goods                  (unchanged)
         traffic shall be dimensioned in accordance with
         the number of potential users and the type of
         undertaking. If means of transport are used on
        traffic routes, a sufficient safety clearance shall
         be provided for pedestrians.
2.10.3. Sufficient clearance shall be allowed between                     (unchanged)
        vehicle traffic routes and doors, gates, passages
        for pedestrians, corridors and stairs.
2.10.4. Where the use and equipment of rooms so                 2.10.4.  Where the use and equipment of rooms so
        requires for the protection of workers, traffic                  requires for the protection of workers, traffic
        routes in workrooms and storerooms shall be                      routes (the words 'in workrooms and store-
        identified.                                                      rooms' deleted) shall be identified.
2.10.5. If the workplaces contain areas in which, due to        2.10.5.  If the workplaces contain areas in which, due to
        the nature of the work, there is a risk of the                   the nature of the work, there is a risk of the
        worker or objects falling, these places shall be                 worker or objects falling, these places shall be
        equipped, as far as possible, with devices                       equipped, as far as possible, with devices
        preventing workers entering such areas.                          preventing workers entering such areas. Danger
                                                                         areas shall be clearly marked.
                                                                2.10a    Protection against gases, vapours, fogs and dusts
                                                                         Where harmful concentrations of gases,
                                                                         vapours, fogs and dusts cannot be avoided, they
                                                                         shall be eliminated at source.
2.11.   Specific measures for escalators and travolators        2.11.    Specific measures for escalators and travolators
        Escalators and travolators shall function in such                Escalators and travolators shall function in such
        a way that there is no risk of accidents to                      a way as to ensure an appropriate level of safety
        workers. They shall be fitted with easily                        for workers. They shall be fitted with easily
        identifiable and accessible emergency shut-                      identifiable and accessible emergency shut-
        down devices.                                                    down devices.
2.12.   Loading ramps
2.12.1. Loading ramps shall be wide enough for the                       (unchanged)
        dimensions of the loads to be transported.
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                  COMMISSION PROPOSAL                                       AMENDED COMMISSION PROPOSAL
2.12.2.   Loading ramps shall have at least one alighting                 (unchanged)
         point. Where technically feasible, ramps over a
          certain length shall have an alighting point at
          each end.
                                                                 2.12.3.  Loading ramps shall as far as possible be made
                                                                          sufficiently safe to prevent workers falling.
2.13.    Room dimensions and air space in rooms, and                      (unchanged)
         freedom of movement at the workstation
2.13.1.  Workrooms shall have a sufficient surface area,
         height and minimum air space.
2.13.2.  The dimensions of the free unoccupied area at
         the workstation shall be calculated to allow
         workers sufficient freedom of movement to
         perform their work. If this is not possible due to
         reasons specific to the undertaking, the worker
         shall be provided with sufficient freedom of
         movement near his workstation.
2.14.    Rest rooms
2.14.1.  In undertakings with more than a certain                        (unchanged)
         number of employees or where the health of
         workers or type of activity carried out demand
         it, workers shall be provided with an easily
         accessible rest room. This shall not apply if the
         workers are employed in offices or similar
         workrooms providing equivalent relaxation
         during breaks.
2.14.2.  Rest rooms shall be large enough and equipped          2.14.2.  Rest rooms shall be large enough and equipped
         with an adequate number of tables and chairs for                with tables which can be easily cleaned and
         the number of workers.                                          chairs with backs.
2.14.3.  Appropriate measures for the protection of non-        2.14.3.  Appropriate measures shall be taken to ensure
         smokers shall be taken in staff rest rooms.                     that non-smokers are not troubled by tobacco
                                                                         smoke in staff rest rooms.
2.14.4.  If working hours are regularly and frequently          2.14.4.  If working hours are regularly and frequently
         interrupted and there is no rest room, rooms                    interrupted and there is no rest room, rooms
         shall be provided in which workers can stay                     shall be provided in which workers can stay
         during such interruptions. Appropriate meas-                    during such interruptions. Appropriate meas-
         ures shall be taken for the protection of non-                  ures shall be taken to ensure that non-smokers
         smokers.                                                        are not troubled by tobacco smoke.
 ---pagebreak--- No C 115/48                                Official Journal of the European Communities                                 8. 5. 89
                    COMMISSION PROPOSAL                                           AMENDED COMMISSION PROPOSAL
                                                                      2.14.5.   Special rooms shall be provided where pregnant
                                                                                women and nursing mothers can lie down
                                                                                during breaks and, if necessary for health
                                                                                reasons, during work periods.
2.15.     Sanitary       equipment
2.15.1.   C h a n g i n g r o o m s and l o c k e r s
2.15.1.1. Separate changing rooms shall be provided for               2.15.1.1. Changing rooms shall be provided for workers if
          men and women if they have to wear special                            they have to wear special work clothes and if, for
          work clothes and where, for reasons of health                         reasons of health and propriety, they cannot be
          and propriety, they cannot be expected to                             expected to change in another room. Separate
          change in another room.                                               changing rooms shall be provided for men and
                                                                                women.
2.15.1.2. In undertakings where workers are exposed to                          (unchanged)
          high temperatures in the course of their work,
          the changing rooms shall be in the vicinity of
          their workstations.
2.15.1.3. Changing rooms shall be sufficiently large and                        (unchanged)
          have facilities to enable each worker to lock
          away his clothes during working hours. If the
          circumstances demand it (dangerous substances,
          humidity, dirt), lockers for work clothes shall be
          separate from those for ordinary clothes.
2.15.1.4. If changing rooms are not required under                              (unchanged)
          paragraph 2.15.1.1, each worker shall be pro-
          vided with a place to store his clothes.
2.15.2.   W a s h r o o m s and w a s h b a s i n s
2.15.2.1. Washrooms shall be provided for workers if                            (unchanged)
          required by the nature of the work or for health
          reasons. Separate washrooms shall be provided
          for men and women.
2.15.2.2. The washrooms shall be sufficiently large and               2.15.2.2. The washrooms shall be sufficiently large to
          equipped with facilities (including warm water if                     provide each worker with adequate room to
          necessary) to permit each worker to wash in                           wash in conditions of an appropriate standard of
          conditions of an appropriate standard of                              hygiene. The washrooms shall be equipped with
          hygiene.                                                              hot and cold running water.
2.15.2.3. Where washrooms are not required under                                (unchanged)
          paragraph 2.15.2.1 washbasins with running
          water (hot if necessary) shall be provided in the
          vicinity of the workstations.
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                     COMMISSION PROPOSAL                                            AMENDED COMMISSION PROPOSAL
2.15.3.  T o i l e t s and w a s h b a s i n s
         Separate facilities shall be provided in the                            (unchanged)
         vicinity of workstations with an adequate
         number of toilets and washbasins.
2.16.    First-aid installations                                         2.16.   Installations for first-aid rooms
2.16.1.  Where there is a high risk of accidents or where                2.16.1. Depending on the size of the rooms, the type of
         there is a large workforce, a first-aid room shall                      activity carried out and the frequency of
         be provided.                                                            accidents, one or more first-aid rooms shall be
                                                                                 provided.
                                                                         2.16.2. Such rooms shall be equipped with essential
                                                                                 first-aid installations and equipment and be
                                                                                 easily accessible for stretchers. They shall be
                                                                                 marked in accordance with the national regu-
                                                                                 lations implementing Directive 77/756/EEC.
2.17.    Handicapped       persons                                       2.17.   Handicapped     persons
         Workplaces shall be organized to take into                              Workplaces shall be organized to take into
         account handicapped workers, if necessary.                              account handicapped workers, if necessary. This
                                                                                 shall apply in particular to doors, passageways,
                                                                                 stairs, toilets, washrooms and workstations
                                                                                 occupied by handicapped persons.
2.18.    Outdoor workplaces (special provisions)                         2.18.   Outdoor      workplaces
2.18.1.  Workstations, traffic routes and other areas or                 2.18.1. Workstations, traffic routes and other areas or
         installations outdoors which are used by the                            installations outdoors which are used by the
         workers in the course of their activity shall be so                     workers in the course of their activity shall be so
         designed that there is no danger to pedestrians                         designed that there is no danger to pedestrians
         and vehicles.                                                           and vehicles whatever the weather conditions
                                                                                  and that they can be evacuated rapidly in the
                                                                                 event of danger.
          Articles 12, 15 and 16 shall also apply to main                         (unchanged)
          traffic routes on the site of the undertaking
          (traffic routes leading to fixed workstations, to
          traffic routes used for the regular maintenance
          and supervision of the undertaking's installation
          and to loading ramps).
          The provisions of 2.10 are also applicable to
          outdoor workplaces.
 2.18.2.  Workplaces outdoors shall be adequately lit by                          (unchanged)
          artificial lighting if daylight is not adequate.
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                     COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
2.18.3.     When workers are employed at workstations                         (unchanged)
            outdoors, such workstations shall as far as
            possible be equipped so that workers are
            protected against inclement weather conditions.
                                                                    2.18.4.  If workers are employed at outdoor work-
                                                                             stations, such workstations shall as far as
                                                                             possible be designed so that the workers:
                                                                              (a) are protected from the weather;
                                                                              (b) are not exposed to harmful noise levels or
                                                                                  dangerous substances (e.g. gases, vapours,
                                                                                  dusts);
                                                                              (c) can leave their workstations and reach safety
                                                                                  quickly in the event of danger.
                           ANNEX II                                                         (unchanged)
               Re-examined proposal for a Council Directive amending Council Directive 71/305/EEC
                    concerning the coordination of procedures for the award of public works contracts (!)
                                                       COM(89) 141 final
                        Submitted by the Commission pursuant to Article 149(2)(d) of the EEC Treaty
                                                        on 3 April V.
                                                          (89/C 115/04)
               (!) OJ No C 15, 19. 1. 1989, p. 8.
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas measures aimed at progressively establishing the
                                                                   internal market during the period up to 31 December 1992
                                                                   need to be taken; whereas the internal market is an area
Having regard to the Treaty establishing the European              without internal frontiers in which the free movement of
Economic Community and in particular Articles 57(2), 66            goods, persons, services and capital is ensured;
and 100A thereof,
Having regard to the proposal from the Commission,
                                                                   Having regard to the conclusions drawn by successive
In cooperation with the European Parliament ( ),    l              meetings of the European Council on the need to establish
                                                                   such a market;
Having regard to the opinion of the Economic and Social
Committee (2).
                                                                   Having regard to the White Paper on completing the
(!) OJ No C 167, 27. 6. 1988, p. 76 and Decision ... (not yet      internal market, and in particular to the timetable and
    published in the Official Journal).                            programme laid down therein for the opening up of the
(2) OJ No C 319, 30. 11. 1987, p. 55.                              market for public works contracts;