CELEX: 51989PC0087
Language: en
Date: 1989-03-17
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR THE USE BY WORKERS OF INDIVIDUAL PROTECTION EQUIPMENT AT THE WORKPLACE ( THIRD INDIVIDUAL DIRECTIVE FALLING WITHIN THE TERMS OF ARTICLE 16 OF DIRECTIVE... )

8. 5. 89                                Official Journal of the European Communities                            No C 115/27
              Amended proposal for a Council Directive concerning the minimum safety and health
                requirements for the use by workers of individual protection equipment at the workplace (J)
                                                 COM(89) 87 final — SYN 126
                       (Third 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 20 March
                                                              1989)
                                                          (89/C 115/02)
              (!) OJ No C 161, 20.6. 1988, p. 1.
                    COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL (»)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community and in particular Article 118A
thereof,
Having regard to the proposal from the Commission,
drawn up after consultation with the Advisory Committee
on Safety, Hygiene and Health Protection at Work,
Having regard to the opinion of the Economic and Social
Committee,
In cooperation with the European Parliament,
Whereas Article 118A of the EEC Treaty provides that the            Whereas Article 118A of the 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, to promote the health            cially in the working environment, to guarantee greater
and safety of workers;                                              protection of the health and safety of workers;
Whereas Article 118A also recommends that Directives                (deleted)
shall avoid imposing administrative, financial and legal
constraints which could hold back the creation and
development of small and medium-sized undertakings
(SMUs);
Whereas the communication from the Commission on its                Whereas the communication from the Commission on its
programme concerning safety, hygiene and health at work             programme concerning safety, hygiene and health at work
provides for the adoption of Directives designed to                 provides for the adoption of a Directive on the use of
guarantee the safety and health of workers;                         personal protective equipment at work;
Whereas the Council Resolution of 21 December 1987                  Whereas the Council, in its Resolution of 21 December
concerning safety, hygiene and health at work noted the             1987 concerning safety, hygiene and health at work, noted
Commission's intention to present to it in the near future          the Commission's intention of submitting to it in the near
minimum requirements concerning the safety and health of            future minimum requirements concerning the organization
workers at work;                                                    of the safety and health of workers at work;
Whereas the completion of the internal market entails the           (unchanged)
drawing up of a Directive 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 personal protective equipment a condition for the
placing on the market and free movement throughout the
Community of such equipment;
                                                                    t1) Following the opinion of the European Parliament of
                                                                        14 December 1988.
 ---pagebreak---  No C 115/28                            Official Journal of the European Communities                                     8. 5. 89
                    COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL
Whereas it is necessary to supplement this Directive, which         (unchanged)
only refers to the placing of personal protective equipment
on the Community market, by minimum safety and health
requirements for the use of personal protective equipment;
Whereas this Directive introduces a social element in
relation to a technical harmonization directive aiming at
the completion of the internal market for personal
protective equipment;
                                                                   Whereas compliance with the minimum requirements
                                                                   designed to guarantee greater health and safety at work is
                                                                   essential to ensure the safety and health of workers and
                                                                   whereas these requirements are also necessary to encourage
                                                                   fair 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 the workplace and whereas con-
                                                                   sequently the provisions of the latter shall apply fully to the
                                                                   use by workers of personal protective equipment at the
                                                                   workplace, without prejudice to more stringent and/or
                                                                   specific provisions contained in this Directive;
Whereas collective means of protection shall be accorded           Whereas collective means of protection shall be accorded
priority over individual protective equipment;                    priority over individual protective equipment and whereas
                                                                   the employer shall be required to provide safety equipment
                                                                   and take safety measures suited, in particular, to the
                                                                   machinery used;
Whereas the use of personal protective equipment                   (deleted)
presupposes that workers are in situations which pose a
risk to their safety and health and that it is important, in
such a situation, to encourage the involvement of the
worker in all aspects of the use of personal protective
equipment;
Whereas this Directive lays down essential minimum                 (deleted)
requirements to protect the safety and health of workers,
without impeding the retention or institution by each
Member State of more stringent measures to protect
working conditions;
Whereas these requirements should not entail alterations to       Whereas the requirements laid down in this Directive
personal protective equipment whose design and manufac-           should not entail alterations to personal protective
ture were covered by Community Directives relating to             equipment whose design and manufacture were covered by
safety and health at work;                                        Community Directives relating to safety and health at
                                                                  work;
Whereas it is important to promote the cooperation of both         (deleted)
sides of industry, in decisions and activities relating to the
protection of safety and health at the workplace, at all
levels;
Whereas a Committee should be set up within the                    (deleted)
Commission to assist the Commission in the implemen-
tation of additional measures provided for by the
Directive;
 ---pagebreak--- 8. 5. 89                                Official Journal of the European Communities                             No C 115/29
                   COMMISSION PROPOSAL                                           AMENDED COMMISSION PROPOSAL
                                                                   Whereas, pursuant to Decision 74/325/EEC ( ! ), the
                                                                   Advisory Committee on Safety, Hygiene and Health
                                                                   Protection at Work shall be consulted by the Commission
                                                                   with a view to drawing up proposals in this field,
HAS ADOPTED THIS DIRECTIVE:
                           Object
                          Article 1
The object of this Directive, which is an individual directive     1. The object of this Directive, which is an individual
within the meaning of Article 13 of Directive ..., is the          Directive within the meaning of Article 16 of the Directive,
protection of workers against the risks to their safety and        on the introduction of measures to encourage improve-
health at work where such risks cannot be avoided or               ments in the safety and health of workers at the
sufficiently overcome by collective means of protection or         workplace ..., is the protection of workers against the risks
by organizational measures, methods or procedures.                 to their safety and health at work where such risks cannot
                                                                   be avoided or sufficiently overcome by technical means of
                                                                   collective protection or by organizational measures,
                                                                   methods or procedures.
                                                                   2. This Directive applies to personal protective equip-
                                                                   ment used at work. It lays down provisions for this type of
                                                                   equipment which supplement those in the Council
                                                                   Directive on the approximation of the laws of the Member
                                                                   States relating to personal protective equipment.
                                                                   3. The provisions of the Direcive referred to in para-
                                                                   graph 1 shall apply fully to the use by workers of personal
                                                                   protective equipment at the workplace, without prejudice
                                                                   to more stringent and/or specific provisions contained in
                                                                   this Directive.
                         Definitions
                          Article 2
1. This Directive applies to personal protective equip-            (deleted) [becomes Article 1(2)]
ment used at work. It lays down supplementary provisions
for this type of equipment to those given in Council
Directive ... concerning the assimilation of Member States'
legislation on personal protective equipment.
2. For the purposes of this Directive, the following terms         (unchanged) (no paragraph number)
have the meanings hereby assigned to them:
— Workplace                                                        (deleted)
   Any place to which the worker has access in the
   undertaking and/or establishment.
— Worker                                                           (deleted)
   Any person who performs work in some form, including
   students undergoing training and apprentices.
— Undertaking and/or establishment                                 (deleted)
   A public-sector or private-sector body engaging in
   particular in industrial, agricultural, commercial,
   administrative, service, educational or cultural ac-
   tivities.
                                                                   (!) OJ No L 185, 9.7. 1974.
 ---pagebreak--- No C 115/30                             Official Journal of the European Communities                                8. 5. 89
                   COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
 - Employer                                                        (deleted)
   The body or person in charge of the undertaking and/or
   enterprise.
 - Personal protective equipment                                   Personal protective equipment
   All equipment designed to be worn or held by the                Any equipment designed to be worn or held by the worker
   worker to protect him against one or more hazards               to protect him against one or more hazards liable to
   liable to endanger his safety and health at work.               endanger his safety or health at work.
   Annex B to Annex III contains a non-exhaustive list, as
   a guideline, of personal protective equipment covered
   by this definition.
   The following are also considered to be personal                (deleted)
   protective equipment:
  — an assembly of several integrally-linked devices or
       means designed to protect the worker against one or
       more risks liable to be encountered simultaneously,
  — a device or means of protection attached, whether              (deleted)
       permanently or not, to an item of personal non-
       protective equipment worn or held by the worker in
       order to perform an activity,
  — interchangeable components of an item of personal              (deleted)
       protective equipment which are essential for its
       efficient functioning.
  Any linking system to connect personal protective                (deleted)
  equipment to an outside device, even when this linking
  system is not designed to be worn or held permanently
  by the worker during exposure to the risk or risks.
  The definition excludes:                                         (unchanged)
  — ordinary working clothes and uniforms not specif-
      ically designed to protect the safety and health of the
      worker,
  — equipment used by emergency and rescue services,
  — personal protective equipment worn or used by the
      military, the police and other public order agencies,
  — means of private transport and related equipment,
  — sports equipment,
  — self-defence or deterrent equipment,
  — portable devices for detecting and signalling risks
      and nuisances.
  Annex II contains a non-exhaustive list, as a guideline,        (unchanged)
  of personal protective equipment covered by this
  definition.
                    General provisions
                                                                                           Article 2a
                                                                  Member States shall ensure that an adequate system of
                                                                  checks and surveillance is implemented for the purposes of
                                                                  this Directive.
 ---pagebreak---  8. 5. 89                               Official Journal of the European Communities                           No C 115/31
                    COMMISSION PROPOSAL                                          AMENDED COMMISSION PROPOSAL
                            Article 3
Personal protective equipment shall be used when the risks         Personal protective equipment shall be used when the risks
cannot be avoided, or adequately overcome by the other             cannot be avoided, or adequately overcome by the other
 means indicated in Article 1.                                     means indicated in Article 1(1).
                            Article 4
 1.   Personal protective equipment should:                        1.    (unchanged)
— be appropriate for the risks involved,
— be adapted or adaptable to the individual worker,
— correspond to the conditions at the workplace,
— take account of ergonomic requirements,
— take account of the worker's state of health,
— if possible, incorporate corrective elements required by
     the user.
2. Where the presence of more than one risk makes it               2. Where the presence of more than one risk makes it
necessary for a worker to wear more than one item of               necessary for a worker to wear more than one item of
personal protective equipment, such equipment must be              personal protective equipment, such equipment must be
compatible and continue to be effective against each risk.         compatible and continue to be effective against the risk or
                                                                   risks in question.
3. The conditions of use of personal protective equip-             (unchanged)
ment, in particular the period for which it is worn, shall be
determined on the basis of the seriousness of the risk, the
frequency of exposure to the risk and the characteristics of
the work station of each worker.
4. Personal protective equipment is, in principle, intended        (unchanged)
for personal use. If the circumstances permit personal
protective equipment to be worn by more than one person,
appropriate measures shall be taken to ensure that this does
not create any health or hygiene problems for the different
users.
5. Adequate information on each item of personal                   (unchanged)
protective equipment, required under paragraphs 1 and 2,
shall be provided and made available within the undertak-
ing.
6. Personal protective equipment shall normally be                6. Personal protective equipment shall be provided free of
provided free of charge by the employer, who shall ensure         charge by the employer, who shall ensure that it is kept
that they are kept clean and in good working order, by            clean and in good working order, by carrying out the
carrying out the necessary maintenance, repair and                necessary maintenance, repair and replacements.
replacements.
        Assessment of personal protective equipment                                       (unchanged)
                           Article 5
1. When choosing personal protective equipment, the                1.   (beginning unchanged)
employer is required to assess whether the equipment he
intends to use satisfies the requirements of Article 4(1) and
(2).
 ---pagebreak--- No C 115/32                               Official Journal of the European Communities                                    8. 5. 89
                    COMMISSION PROPOSAL                                            AMENDED COMMISSION PROPOSAL
This assessment shall involve:
(a) analysis of risks which cannot be avoided by other               (a) an analysis and assessment of risks which cannot be
    means. Annex I comprises a chart, as a guideline, for                avoided by other means. Annex I comprises a chart, as a
    this analysis;                                                       guideline, for this analysis;
(b) the definition of the characteristics which personal             (unchanged)
    protective equipment must have in order to be effective
    against the risks referred to in (a) above, taking into
    account any risks which this equipment itself may
    create;
(c) a comparison of the characteristics of the personal              (unchanged)
    protective equipment available with the characteristics
    referred to in (b). Annex II gives guidelines on the
    existence of personal protective equipment. Annex III
    gives non-exhaustive guidelines for an assessment of
    certain types of personal protective equipment.
2. The assessment provided for in paragraph 1 shall be               (unchanged)
repeated if any changes are made to any of its elements.
                     Regulations for use
                           Article 6
1. Notwithstanding the provisions of Articles 3, 4 and 5,            (unchanged)
the Member States shall establish regulations to constitute
a framework for the use of personal protective equipment,
taking account of Community legislation on the free
movement of such equipment.
These regulations shall indicate in particular the circum-
stances, activities or sectors of activity in which the use of
personal protective equipment is required.
Member States shall take account of Annexes I, II, III and
IV when establishing such regulations.
2. The Member States shall adapt the regulations referred            (unchanged)
to in paragraph 1 to take account of any significant changes
to the risks, collective means of protection and personal
protective equipment brought about by technological
developments.
3. The Member States shall consult management and                    3. The Member States shall consult employers' and
workers before establishing the regulations referred to in           workers' organizations before drawing up the regulations
paragraphs 1 and 2.                                                  referred to in paragraphs 1 and 2.
         Collaboration between the social partners
                           Article 7
1. The employer is required to involve the workers and/              1. In connection with personal protective equipment,
or their representatives in the undertaking or establishment         workers and/or their representatives shall, pursuant to
in the drawing up and/or implementation of:                          Article 10 of the Directive referred to in Article 1(1) of this
                                                                     Directive, be consulted on the drawing up and/or
                                                                     implementation of:
— the policy for personal protection in the undertaking,             (unchanged)
— the principle for use established in Article 3,
 ---pagebreak---  8. 5. 89                                  Official Journal of the European Communities                             No C 115/33
                     COMMISSION PROPOSAL                                            AMENDED COMMISSION PROPOSAL
— the conditions for use described in Article 4(3), (4), (5)
     and (6),
— the assessment procedure described in Article 5,
— the choice of types of personal protective equipment,
— measures to be taken to reduce the constraints which the
     wearing of certain items of personal protective
     equipment can involve for the worker,
— measures to be introduced to ensure that personal
     protective equipment is correctly used by workers, in
     particular the provision of information and, if neces-
     sary, adequate training,
— measures to be taken to avoid any risks which may
     result from the use of certain items of personal
     protective equipment.
 2. The provisions set out in paragraph 1 do not affect the           (deleted)
employer's responsibility.
3. The authority responsible for safety and health at                 (unchanged)
work shall take the necessary measures to encourage the
implementation and application of paragraph 1 in the
undertaking.
                             Article 8
 1.   Annexes I, II, III and IV shall be changed as a result of:      1. In view of the changes to Annexes I, II, III and IV
                                                                     resulting from:
— the adoption of technical harmonization and standardi-             — the adoption of technical harmonization and standardi-
    zation Directives relating to the design and manufacture             zation Directives relating to personal protective
    of personal protective equipment,                                    equipment,
— technical progress and changes in international regu-              — technical progress and changes in international regu-
    lations and specifications or knowledge in the field of              lations and specifications or knowledge in the field of
    personal protective equipment.                                       personal protective equipment.
2. The Commission shall be assisted in making the                    The Commission shall be assisted by the Committee in
changes referred to in paragraph 1 by a Committee using              accordance with the procedure provided for in Article 17 of
the procedure set out in Article 14 of Directive ...                 the Directive referred to in Article 1(1) of this Directive.
                            Article 9
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. July 1990 at the latest and         comply with this Directive by the date laid down for the
shall immediately inform the Commission thereof.                     entry into force of the Directive on the approximation of
                                                                     the laws of the Member States relating to personal
                                                                     protective equipment. They shall immediately inform the
                                                                     Commission thereof.
2. Member States shall communicate to the Commission                 2. Member States shall communicate to the Commission
the text of the national provisions which they adopt in the          the text of the national provisions which they adopt, as well
field covered by this Directive. The Commission shall                as those already adopted, in the field covered by this
inform the other Member States thereof.                              Directive.
3. Member States shall report to the Commission every                3. Member States shall report to the Commission every
two years on the practical implementation of the provisions          five years on the practical implementation of the provisions
of this Directive in undertakings, indicating the points of          of this Directive in undertakings, indicating the points of
view of employers and workers.                                       view of employers and workers.
 ---pagebreak---  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.