CELEX: 51992PC0014
Language: en
Date: 1992-02-17
Title: Proposal for a COUNCIL DIRECTIVE CONCERNING MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION OF WORKERS IN THE EXTRACTIVE INDUSTRIES FOR THE EXPLORATION AND EXPLOITATION OF MINERALS IN MINES AND QUARRIES

5 . 3 . 92                           Official Journal of the European Communities                                   No C 58 / 3
                                                             II
                                                    (Preparatory Acts)
                                               COMMISSION
             Proposal for a Council Directive concerning minimum requirements for improving the safety
             and health protection of workers in the extractive industries for the exploration and exploitation
                                            of minerals in mines and quarries
                                                      (92/C 58 /03)
                                              COM(92) 14 final — SYN 392
                                   (Submitted by the Commission on 27 January 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas      Council     Directive      89/654 /EEC   of   30
                                                                 November 1989 concerning minimum safety and health
                                                                 requirements for the workplace (') does not cover the
                                                                 extractive industries :
Having regard to the Treaty establishing the European
Economic Community and in particular Article 1 1 8 A
thereof,                                                         Whereas the extractive industries are higher than average
                                                                 risk activities ;
Having regard to the proposal from the Commission,               Whereas the mines and quarries sector of these industries
prepared after consulting the Safety and Health                  is deemed to be of particular importance for introducing
Commission for the Mining and Other Extractive                   improvements in the protection of the safety and health
Industries,                                                      of workers :
                                                                 Whereas Article 11 of the proposal for a Council
In cooperation with the European Parliament,                     Directive concerning minimum requirements for
                                                                 improving the safety and health protection of workers in
                                                                 the extractive industries (2) provides for the Council, in
                                                                 accordance with the procedure laid down in Article 1 1 8A
Having regard to the opinion of the Economic and                 of the Treaty, to adopt minimum requirements for
Social Committee,                                                improving the safety and health protection in the
                                                                 extractive industries concerned with exploration for and
                                                                 exploitation of minerals in mines and quarries ;
Whereas Article 118 A of the Treaty provides that the            Whereas this Directive is an individual Directive within
Council shall adopt, by means of directives, minimum
requirements for encouraging improvements, especially            the meaning of Article 16 ( 1 ) of Council Directive
in the working environment, to ensure a better level of          89/ 391 /EEC of 12 June 1989 on the introduction of
protection of the safety and health of workers;                  measures to encourage improvements in the safety and
                                                                 health of workers at work (3) ; whereas, therefore, the
                                                                 provisions of the said Directive are fully applicable to the
                                                                 domain of the extractive industries without prejudice to
Whereas, under the terms of that Article, those directives       more restrictive and/or specific provisions contained in
are to avoid imposing administrative, financial and legal        this Directive ;
constraints in a way which could hold back the creation
and development of small and medium-sized under­                 Whereas this Directive constitutes a practical aspect of
takings ;                                                        the realization of the social dimension of the internal
                                                                 market, in respect of the extractive industries as defined
Whereas the improvement of workers' safety, hygiene               O OJ No L 393 , 30 . 12 . 1989, p. 1 .
and health at work is an objective which should not be            O OJ No C 32, 7.2. 1991 , p. 7 — COM(90) 663 final.
subordinated to purely economic considerations ;                  O OJ No L 183 , 29 . 6 . 1989, p. 1 .
 ---pagebreak--- No C 58 / 4                            Official Journal of the European Communities                                  5 . 3 . 92
by Council Decision 74/326/EEC of 27 June 1974 on                — 'workplace' means the whole area intended to house
the extension of the responsibilities of the Mines Safety            workstations in which work is carried out, including
and Health Commission to all mineral-extracting                      the immediate and ancillary activities and facilities of
industries (');                                                      the extractive industries including sanitary instal­
                                                                     lations,  rest-rooms     and    accommodation     where
                                                                     provided to which workers have access in the course
Whereas the surface back-up facilities of mines and                  of their work,
quarries which are not essential to exploration,
extraction in the strict sense of the word and preparation
of the extracted materials for sale, for example, the            — 'exploration for and exploitation of minerals by
transformation of the extracted materials, are subject to            means of boreholes' means all mining activities
the provisions of Directive 89/654/EEC ;                             concerned with prospecting for and extraction of
                                                                     minerals by boreholes driven from the surface
                                                                     (onshore or offshore),
Whereas, pursuant to Decision 74/326/EEC, the Safety
and Health Commission for the Mining and Other
Extractive Industries is consulted by the Commission on          — 'exploration for and exploitation of minerals in
the drafting of proposals in this field,                             surface workings' means all mining activities
                                                                     concerned with prospecting for and extraction of
                                                                     minerals in workings in the open air,
HAS ADOPTED THIS DIRECTIVE :
                                                                 — 'exploration for and exploitation of minerals in
                                                                     underground workings' means all mining activities
                         SECTION I                                   concerned with prospecting for and extraction of
                                                                     minerals in workings accessible by shafts and/or
                                                                     underground roadways .
                 GENERAL PROVISIONS
                                                                                         SECTION II
                           Article 1
                           Subject
                                                                            OBLIGATIONS OF THE EMPLOYER
1.    This Directive, which is an individual Directive
within the meaning of Article 16 ( 1 ) of Directive                                        Article 3
89/391 /EEC, lays down minimum requirements for the                                  General obligations
safety and health protection of workers in the extractive
industries as defined in Article 2 .
                                                                 1 . To safeguard the safety and health of workers, the
2 . The provisions of Directive 89/391 /EEC are fully            employer shall take the necessary measures to ensure
                                                                 that :
applicable to the domain referred to in paragraph 1 of
this Directive, without prejudice to more restrictive
and/or specific provisions contained in this Directive.          — workplaces are designed, constructed, equipped,
                                                                     commissioned, operated and maintained in such a
                                                                     way that workers can perform the work assigned to
                          Article 2                                  them without danger to themselves and/or others,
                         Definitions
                                                                 — responsible supervision is present during operation of
                                                                     manned workplaces,
For the purpose of this Directive :
— 'extractive industries' shall be taken to mean the acti­
                                                                 — work involving a special risk is entrusted only to
                                                                     suitably qualified staff and carried out in accordance
    vities of prospecting and of extraction in the strict            with the instructions given,
    sense of the word as well as of preparation of
    extracted materials for sale, but not the processing of
    such extracted materials ,                                   — all safety instructions are comprehensible to the
                                                                     workers concerned,
(') OJ No L 185, 9. 7 . 1974, p. 18 .                            — appropriate first-aid facilities are provided,
 ---pagebreak---  5 . 3 . 92                             Official Journal of the European Communities                                No C 58 / 5
— any relevant safety exercises are performed at regular                                     Article 7
      intervals .
                                                                       Provision of sanitary installations and rest-rooms
 2.      Prior to the commencement of work, and when
 changes are made during prospection and/or extraction             The employer shall provide and maintain appropriate
 of minerals, the employer shall forward to the                    sanitary installations and rest-rooms, and if appropriate,
                                                                   accommodation .
 responsible authorities :
— the name of the person or corporate body who                                               Article 8
      assumes responsibility for the health and safety of all                         Information of workers
      operations and personnel, whether direct employees
      or employees of contractors at an installation or a
      site for the prospection and/or extraction of               Without prejudice to Article 10 of Directive
      minerals,
                                                                   89/391 /EEC, workers and/or their representatives shall
                                                                   be informed of all measures to be taken concerning
— a document where the risks at an installation or a site          safety and health at the workplaces, in particular of
      for the prospection and/or extraction of minerals are        those relating to the implementation of Articles 3 to 7.
      assessed from the concept and design stage in an
      objective manner in order to achieve the goals set
      down in this Directive and in its Annexes and to                                       Article 9
      follow the provisions laid down in Articles 6 (2), 9                              Health surveillance
      and 10 of Directive 89 / 391 /EEC .
                                                                   1.    Health surveillance of workers as defined in Article
3 . The employer shall report forthwith to the                     14 of Directive 89/ 391 /EEC must be carried out prior to
responsible authorities fatal and/or serious occupational         the assigning of workers to duties related to the activities
accidents and dangerous situations and give an account            referred to in Article 2 and at regular intervals thereafter.
of the measures taken to prevent any repetition.
                                                                  2.    These health checks may in no circumstances
                             Article 4                            involve the worker in financial cost, as laid down in
                                                                  Articles 6 and 14 of Directive 89 / 391 / EEC .
Protection        against  fire, explosions     and  noxious
                          atmospheres
                                                                                            Article 10
The employer shall take measures appropriate to the                       Consultation and participation of workers
nature of the operation to protect against, detect and
combat the starting and propagation of fires and
explosions as well as the occurrence of explosive and/or          Consultation and participation of workers and/or of
noxious atmospheres .                                             their representatives shall take place in accordance with
                                                                  Article 11 of Directive 89 / 391 /EEC on the matters
                                                                  covered by this Directive and its Annexes .
                            Article 5
                   Escape and rescue facilities
                                                                                           SECTION III
To ensure that workers have adequate opportunities for
leaving all workplaces promptly and safely in the event           MINIMUM REQUIREMENTS FOR IMPROVING THE
                                                                    SAFETY AND HEALTH PROTECTION OF WORKERS
of danger, the employer shall provide and maintain
appropriate means for escape and rescue.
                                                                                            Article 11
                            Article 6                             Exploration for and exploitation of minerals in mines and
                                                                                             quarries
          Communication, warning and alarm systems
                                                                  1 . Workplaces concerned with exploration for and
The employer shall take measures to provide the                   exploitation of minerals in mines and quarries used for
necessary warning and other communication systems to              the first time after 31 December 1993 must satisfy the
enable aid, escape , evacuation and rescue immediately, in        minimum safety and health requirements laid down in
case of need .                                                    the Annex .
 ---pagebreak--- No C 58 /6                             Official Journal of the European Communities                                  5 . 3 . 92
2 . Workplaces existing before 31 December 1993 must                                      Article 13
satisfy the minimum safety and health requirements laid
down in the Annex at the latest nine years after that                                  Final provisions
date .
                                                                  1 . Member States shall bring into force the laws,
3.     When      workplaces       undergo     modifications,     regulations and administrative provisions necessary to
extensions and/or conversions after 31 December 1993 ,           comply with this Directive by 31 December 1993 and
the employer shall take the measures necessary to ensure         shall forthwith inform the Commission thereof.
that those modifications, extensions and/or conversions
are in compliance with the corresponding minimum
requirements laid down in the Annex.                             When Member States adopt these provisions, these shall
                                                                 contain a reference to this Directive or shall be accom­
                                                                 panied by such reference at the time of their official
                        SECTION IV                               publication. The procedure for such reference shall be
                                                                 adopted by the Member States.
                   OTHER PROVISIONS
                                                                 2.    The Member States shall communicate to the
                          Article 12
                                                                 Commission the texts of the provisions of national law
               Amendments to the Annexes                         which they have already adopted or adopt in the field
                                                                 governed by this Directive.
Amendments to the Annexes as a result of :
— the adoption of Directives, technical harmonization            3 . Member States shall report to the Commission
    and standardization,                                         every five years on the practical implementation of the
                                                                 provisions of this Directive, indicating the points of view
    and / or                                                     of employers and workers.
— technical progress, changes in international regu­             The Commission shall inform the European Parliament,
    lations or specifications, and new findings,                 the Council, the Economic and Social Committee and
shall be adopted in accordance with the procedure laid
                                                                 the Safety and Health Commission for the Mining and
                                                                 Other Extractive Industries .
down in Article 17 of Directive 89 / 391 / EEC .
On such occasions the Commission shall consult the                                        Article 14
Safety and Health Commission for the Mining and
Other Extractive Industries .                                    This Directive is addressed to the Member States .
 ---pagebreak--- 5 . 3 . 92                           Official Journal of the European Communities                                        No C 58 / 7
                                                           ANNEX
           MINIMUM REQUIREMENTS FOR IMPROVING THE SAFETY AND HEALTH PROTECTION
           OF WORKERS IN THE EXTRACTIVE INDUSTRIES CONCERNED WITH EXPLORATION FOR
                         AND EXPLOITATION OF MINERALS IN MINES AND QUARRIES
           0. 1 .  Preliminary note
                   The obligations laid down in this Annex apply whenever required by the features of the
                   workplace, the operation, the circumstances or the hazard.
           0.2.    Scope
           0.2.1 . Part 1 applies to operations and workplaces at mines and quarries and ancillary surface instal­
                   lations thereof. Ancillary surface installations are the buildings and installations essential to the
                   operation.
           0.2.2 . Part 2 applies to operations and workplaces in the ancillary surface installations only of mines
                   and quarries.
           0.2.3 . Part 3 applies to operations and workplaces in surface workings, excluding ancillary surface
                   installations thereof.
           0.2.4.  Part 4 applies to operations and workplaces in underground mines, excluding ancillary surface
                   installations thereof.
           0.2.5 . Surface workings are therefore subject to the provisions of Parts 1 , 2 and 3, and underground
                   mines are subject to the provisions of Parts 1 , 2 and 4.
           1.      COMMON REQUIREMENTS APPLICABLE TO MINES AND QUARRIES AND TO
                   ANCILLARY SURFACE INSTALLATIONS THEREOF
           1.1 .   Operations and workplaces
           1.1.1 . Operations and workplaces must be organized so as to provide adequate protection against
                   hazards. Workplaces must be kept in good order. Hazardous substances or deposits must be
                   removed or treated so that, as far as possible, they do not pose any threat to the health and
                   safety of the workforce.
           1.1.2 . Workstations must be designed, constructed and where possible equipped according to
                   ergonomic principles .
           1.1.3 . Where workstations are occupied by lone workers, adequate supervision or means of communi­
                   cation must be provided.
           1.2 .   Supervision and organization
           1.2.1 . Person in charge
                   Operations and workplaces must at all times be placed under the responsibility of a person who
                   has the skills and competence suitable for the position and has been duly authorized by the
                   employer.
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            1.2.2 .    Supervision
                      Supervision may only be exercised by responsible, properly trained persons appointed by the
                      employer.
            1.2.3 .    Competent persons
                      At every workplace there must be provided a sufficient number of competent persons having the
                       abilities and experience necessary to perform the tasks to which they are assigned.
            1.2.4 .    Written instructions
                      Where appropriate, written instructions specifying practices to be observed to ensure the safety
                      of workers and the safe use of equipment must be provided. These must include information on
                      the use of emergency equipment and the action to be taken in the event of an emergency at or
                      near the workplace.
            1.2.5 .    Safe systems ofwork
                      Safe systems of work shall be implemented at every workplace and for every operation.
            1.3 .     Mechanical and electrical equipment and plant
            1.3.1 .    General
                      Without prejudice to Directive 89/392/EEC (') and Directive 89/655/EEC (2), mechanical and
                      electrical equipment and plant must be designed, constructed, installed, commissioned, operated
                      and maintained so as to ensure safe operation. If located in an area within which danger of fire
                      or explosion from ignition of gas, vapour or volatile liquid exists or is likely to exist, it must be
                      suitable for use in that area.
                      Equipment must, where appropriate, be fitted with suitable protective devices and fail-safe
                      systems .
            1 .3.2 .  Mechanical equipment and plant
                      All equipment and plant must be of good construction, sound material, adequate strength and
                      free from patent defect and suitable for the purpose for which it is used.
            1.3.3 .   Electrical equipment and installations
                      All electrical equipment and installations must be sufficient in size and power for the work for
                      which it is to be used, and so designed, constructed, installed and protected as to prevent
                      danger.
            1.4 .     Maintenance
            1.4.1 .    General maintenance
                      There shall be in force a suitable scheme providing for the systematic examination, maintenance
                      and, where appropriate, testing of mechanical and electrical equipment and plant.
                      All maintenance, examination and testing of any part of those installations must be carried out
                      by competent persons. Records of examinations and tests must be made and kept in an appro­
                      priate manner.
            (') OJ No L 183 , 29. 6. 1989, p. 9.
            (2) OJ No L 393 , 30 . 12. 1989, p. 13 .
 ---pagebreak--- 5 . 3 . 92                               Official Journal of the European Communities                                     No C 58 / 9
           1.4.2 .   Safety equipment maintenance
                     Safety equipment must bq maintained ready for use and in good order at all times. Maintenance
                     must be undertaken with due regard to operations, to ensure that adequate protection is always
                     provided.
           1.5 .     Protection against the risks of explosion, fire and noxious atmospheres
           1.5.1 .   General
           1.5.1.1 . All the measures identified iri the risk evaluation exercise referred to in Articles 6, 9 and 10 of
                     Directive 89 / 391 /EEC must be taken both to prevent and detect the occurrence of fires and
                     potentially explosive and/or noxious atmospheres and to combat the dangers due to fires and
                     potentially explosive and/or noxious atmospheres.
           1.5.1.2 . Smoking is forbidden in areas subject to particular fire or explosion hazards. The use of any
                     open flame and of any equipment which may give rise to an ignition hazard is also prohibited in
                     such areas. Exemptions may be made in the latter case if adequate safety precautions have been
                     taken to prevent the occurrence of fires or explosions.
           1.5.2 .   Protection against the risk ofexplosion
           1.5.2.1 . Where appropriate, efficient means must be provided and used for detecting the presence of
                     substances likely to form a potentially explosive atmosphere.
                     Where the circumstances so require, monitoring devices permanently measuring gas concen­
                     trations at specified places, automatic alarms and devices for automatic shutdown of electrical
                     installations and permanently installed combustion engines must be provided .
           1.5.2.2 . An explosion protection plan detailing the equipment and the measures to be taken in
                     accordance with Articles 3, 4, 5 and 6 to protect against, detect and combat the initiation and
                     propagation of explosions must be prepared. It must be brought up to date periodically and held
                     available at the workplace.
           1.5.3 .   Protection againstfire risks
           1.5.3.1 . Provision must be made for fast and effective fighting of all fires .
           1.5.3.2 . Workplaces must be equipped, if necessary, with suitable fire-fighting equipment and, where
                     appropriate, with fire detectors and alarm systems .
           1.5.3.3 . Fire-fighting equipment intended for general use must be easily accessible, simple to use and,
                     where necessary, protected from damage.
           1.5.3.4 . A fire protection plan detailing the equipment and the measures to be taken in accordance with
                     Articles 3 , 4 , 5 and 6 to protect against, detect and combat the outbreak and spread of fires must
                     be prepared. It must be brought up to date periodically and held available at the workplace.
           1.5.3.5 . Fire-fighting equipment must be indicated by signs.
           1.5.4.     Protection against noxious atmospheres
           1.5.4.1 . Where appropriate, efficient means must be provided and used for detecting the presence and
                     measuring the concentration of noxious substances in the atmosphere .
           1.5.4.2 .  Monitoring devices measuring dangerous concentrations of noxious substances must be installed
                      and used in accordance with the risk evaluation exercise carried out in accordance with
                      Directive 89 / 391 / EEC .
 ---pagebreak--- No C 58 / 10                               Official Journal of the European Communities                                   5 . 3 . 92
              1.5.4.3 .  Where noxious substances accumulate or are likely to accumulate in the atmosphere, appropriate
                         measures must be taken to render them harmless , so that the risk to workers is minimized .
              1.5.4.4.   A noxious atmosphere prevention plan detailing the equipment and the measures to be taken in
                         accordance with Articles 3, 4, 5 and 6 to protect against, detect and combat the formation of
                         noxious atmospheres must be prepared. It must be brought up to date periodically and held
                         available at the workplace.
              1 .6.      Explosives and initiating devices
                         Operations involving the storage, transport and use of explosives and initiating devices must be
                         carried out by duly authorized and competent persons. Such operations must be organized and
                         performed in such a way that there is no risk to workers.
              1.7 .      Traffic routes
                                                                       J
              1.7.1 .    It must be possible to reach workstations and workplaces without danger and to leave them
                         quickly and safely in an emergency.
              1.7.2 .    Traffic routes, both for vehicles and for workers, must be so located and of such dimensions
                         that they are safe.
              1.7.3 .    The dimensions of traffic routes for persons, products and/or equipment must be suitable for the
                         number of potential users and the type of undertaking.
                        All measures must be taken to ensure the safety and health of pedestrians and workers employed
                         on or in the vicinity of traffic routes.
             1.7.4 .     Sufficient clearance must be allowed between vehicle traffic routes and doors, gates, footpaths,
                        corridors and staircases .
             1.7.5 .    Where the use and equipment of rooms so require, traffic or access routes must be clearly
                        identified for the protection of workers.
             1.7.6.     Where vehicles or machines enter workplaces, traffic regulations must be established as
                        necessary.
             1.8 .      Outdoor workplaces
                        Where workers are employed at workstations outdoors, such workstations must as far as
                        possible be arranged so that workers are protected against inclement weather.
             1 .9 .     Dangerous areas
             1.9.1 .    Areas where there is a particular hazard must be indicated, and warning signs placed.
             1.9.2 .    Unauthorized access to workplaces with dangerous areas, including those where there is a risk
                        of objects or workers falling, must where possible be prevented.
             1.9.3 .    Appropriate measures must be taken to ensure protection of the health and safety of workers
                        authorized to enter dangerous areas .
             1.10 .     Emergency routes and exits
             1.10.1 .   In the event of danger, it must be possible for workers to evacuate the workstation and, if
                        necessary, the workplace quickly and as safely as possible.
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           1.10.2 . Emergency routes and exits must remain clear and lead as directly as possible to the open air, to
                    a safe area, a safe assembly point or to an abandonment station.
           1.10.3 . The number, distribution and dimensions of the emergency routes and exits depend on the use,
                    equipment and dimensions of the Workplaces and the maximum number of persons that may be
                    present .
           1.10.4 . Emergency doors must either open outwards or, if this is not possible, be designed as sliding
                    doors .
           1.10.5 . Emergency doors should not be so locked or fastened that they cannot be easily and
                    immediately opened by any person who may require to use them in an emergency.
           1.10.6 . Emergency doors must not be locked by key. The emergency routes and exits, and the traffic
                    routes and doors giving access to them, must be free from obstruction so that they can be used
                    at any time without hindrance.
           1.10.7 . Emergency routes and exits requiring illumination must be provided with emergency lighting of
                    adequate intensity in case the lighting fails.
           1.10.8 . Specific emergency routes and exits must be indicated by signs.
           1.11 .   Means of evacuation and escape
           1.11.1 . Workers must be trained in the appropriate action to be taken in emergencies.
           1.11.2 . Rescue equipment must be kept ready for use at appropriately sited places which are readily
                    accessible and signposted.
           1.11.3 . Where escape routes may pass through areas susceptible to irrespirable atmospheres, self-rescue
                    apparatus appropriate to the risk and conditions of escape must be provided at the workstation.
           1.12 .   Safety exercises
                    Safety exercises must be held at workplaces at regular intervals. The main purpose of these
                    exercises is to instruct and examine persons to whom duties have been assigned in the event of
                    emergency, involving the use, handling or operation of emergency equipment. Where relevant,
                    these persons must also be able to practise the correct use, handling or operation of that
                    equipment.
           1.13 .   First aid facilities
           1.13.1 . First aid equipment must be available in all places where working conditions require it and must
                    be appropriate to the operation.
                    This equipment must be indicated by suitable signs and easily accessible.
           1.13.2 . Where appropriate, a suitable room where first aid can be administered to injured persons must
                    be provided. Clearly visible first aid instructions in the event of accidents must be displayed in
                    this room .
                    First aid rooms must be provided with essential first aid installations and equipment and be
                    easily accessible for stretchers. They must be indicated by suitable signs .
           1.13.3 . A sufficient number of persons must be given basic and continuous training in first aid.
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              1.14.        Lighting
              1.14.1 .    Workplaces must as far as possible receive sufficient natural light and be equipped with artificial
                           lighting adequate for the protection of workers' safety and health.
              1.14.2 .     Lighting installations must be placed in such a way that there is no risk of accident to workers as
                           a result of the type of lighting fitted.
              1.14.3 .    Workplaces and workstations where workers are particularly exposed to risks in the event of
                          failure of artificial lighting must be provided with emergency lighting of adequate intensity, or
                          workers must be provided with a personal lamp.
              1.15 .      Changing rooms and sanitary installations
              1.15.1 .     Changing rooms
              1.15.1.1 . Appropriate changing rooms must be provided for workers if they have to wear special work
                          clothes and where, for reasons of hygiene or propriety, they cannot be expected to change in
                          another room. Changing rooms must be easily accessible, have sufficient capacity and be
                          provided with seating.
             1.15.1.2 . Changing rooms must be sufficiently large and have facilities to enable all workers to lock away
                          their clothes during working hours. Provision must be made to enable wet working clothes to be
                          dried .
                          If circumstances so require (e.g. dangerous substances, humidity, dirt), changing rooms for work
                          clothes must be separate from those for ordinary clothes .
             1.15.1.3 . Provision must be made for separate changing rooms or separate use of changing rooms for men
                          and women .
             1.15.1.4 .   If changing rooms are not required under point 1.15.1.1 , all workers must be provided with a
                         place to store their clothes .
             1 . 1 5.2 .  Showers and washing facilities
             1.15.2.1 . Where required by the nature of the work or for hygienic reasons, an adequate number of
                         suitable showers must be provided for workers .
                         Provision must be made for either separate shower rooms or separate use of shower rooms for
                         men and women .
             1.15.2.2 . Shower rooms must permit each worker to wash without hindrance in suitably hygienic
                         conditions and must be equipped with hot and cold water.
             1.15.2.3 . If showers are not required under point 1.15.2.1 , an adequate number of suitable washbasins
                         with hot and cold water must be provided in the vicinity of the changing rooms.
             1.15.2.4. Where the rooms housing the showers or washbasins are separate from the changing rooms,
                         there must be easy communication between the two.
            1.16.        Overburden and other tips
                         Overburden, dumps, spoil heaps and other tips, as well as settling lagoons, must be designed,
                         constructed, operated and maintained in such a way as to ensure their stability, as well as the
                         safety and health of workers.
 ---pagebreak--- 5 . 3 . 92                           Official Journal of the European Communities                                      No C 58 / 13
           2.      SPECIAL REQUIREMENTS APPLICABLE TO ANCILLARY SURFACE INSTALLATIONS
                   OF MINES AND QUARRIES
           2.1 .   Stability and solidity
                   Ancillary surface installations housing workstations must have a structure and solidity appro­
                   priate to the nature of their use.
           2.2 .   Floors, walls, ceilings and roofs
           2.2.1 . Floors must be fixed, stable, non-slip, smooth and free of dangerous holes or dangerous slopes.
                   Rooms containing workstations must have adequate thermal insulation, bearing in mind the
                   nature of the work involved and the physical activity of the workers.
                   The surfaces of floors, walls and ceilings must be such that they can be kept at an appropriate
                   standard of hygiene.
           2.2.2.  Transparent or translucent walls (particularly glass partitions in the vicinity of workstations and
                   traffic routes) must be clearly indicated. They must be made of safety materials or be shielded
                   from workstations and traffic routes to prevent workers from coming into contact with them or
                   being injured in the event of breakage.
           2.2.3 . Access to roofs made of materials of insufficient strength must not be permitted unless
                   equipment is provided to ensure that the work can be carried out in a safe manner.
           2.3 .   Room dimensions
           2.3.1 . Workstations must wherever possible have sufficient floor area and height to allow workers to
                   perform their work without risk to their safety, health or well-being.
           2.3.2 . The space available to workers at their workstation must wherever possible permit sufficient
                   freedom of movement and allow them to perform their work safely.
           2.4.    Windows and skylights
           2.4.1 . Windows, skylights and ventilation devices which are meant to be opened, adjusted or secured
                   must be designed so that these operations can be carried out safely.
           2.4.2.  They must not be positioned so as to constitute a hazard to workers when open.
           2.4.3 . It must be possible, with the appropriate equipment, to clean windows and skylights without
                   risk.
           2.5 .   Doors and gates
           2.5.1 . The position, number and dimensions of doors and gates, and the materials used in their
                   construction must be determined by the nature and use of the rooms or areas.
           2.5.2 . Transparent doors and gates must be marked at eye level.
           2.5.3 . Swing doors and gates must be transparent or have suitable see-through panels.
           2.5.4.  Where there is a danger that workers may be injured if doors or gates with transparent or
                   translucent surfaces break, such surfaces must be protected against this risk.
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              2.5.5 .   Sliding doors must be fitted with safety devices to prevent them from being derailed and falling
                        over .
             2.5.6 .    Doors and gates opening upwards must be fitted with a mechanism to secure them against
                        falling back accidentally.
              2.5.7.    Doors along escape routes must be appropriately marked. It must be possible to open them at
                        any time .
              2.5.8 .   Doors for pedestrians must be provided in the immediate vicinity of any gates intended primarily
                        for vehicle traffic, unless it is safe for pedestrians to pass through such gates. Such doors must be
                        clearly marked and kept free of obstruction.
             2.5.9.     Mechanical doors and gates must function in such a way that there is no risk of accident to
                        workers .
                        They must be fitted with easily identifiable and accessible emergency stop devices. Unless they
                        open automatically, in the event of a power failure it must also be possible to open them
                        manually.
             2.6 .      Ventilation of rooms
             2.6.1 .    Steps shall be taken to ensure that there is sufficient fresh air in rooms, having regard to the
                        working methods used and the physical demands placed on the workers.
                        If a ventilation system is used, it shall be maintained in good working order. Any breakdown
                        must be indicated by a control system where this is necessary for workers' health.
             2.6.2.    Any air-conditioning or mechanical ventilation installations must function in such a way that
                       workers are not exposed to draughts which cause discomfort.
                       Any deposit or dirt likely to create an immediate danger to the health of workers by polluting
                       the atmosphere must be removed without delay.
             2.7 .     Room temperature
             2.7.1 .   During working hours, the temperature in rooms containing workstations must be suitable for
                       workers, having regard to the working methods being used and the physical demands placed on
                       the workers .
             2.7.2.    The temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first aid
                       rooms must be appropriate to the particular purpose of such areas.
             2.7.3 .   Windows, skylights and glass partitions should avoid the excessive effects of sunlight at work­
                       stations, having regard to the nature of the work and workstations.
             2.8 .     Rest-rooms — Sanitary installations
             2.8 . 1 . Rest-rooms
             2.8.1.1 . Where the safety, health or number of workers so requires, workers must be provided with an
                       easily accessible rest-room.
                       This provision does not apply where the workers are employed in offices or similar workrooms
                       offering equivalent relaxation during breaks.
             2.8.1.2 . Rest-rooms must be large enough for the number of workers and equipped with an adequate
                       number of tables and seats with backs .
             2.8.1.3 . Appropriate measures must be taken in rest-rooms for the protection of non-smokers against
                       tobacco smoke .
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           2.8.1.4.  If working hours are regularly and frequently interrupted and there is no rest-room, other
                     rooms must be provided in which workers can stay during such interruptions, wherever this is
                     necessary for their safety or health.
           2.8.2 .   Lavatories and washbasins
           2.8.2.1 . Separate facilities must be provided in the vicinity of workstations, rest-rooms, changing rooms
                     and rooms housing showers or washbasins, with an adequate number of lavatories and wash­
                     basins .
           2.8.2.2 . Provision must be made for separate lavatories or separate use of lavatories for men and women.
           3.        SPECIAL REQUIREMENTS APPLICABLE TO SURFACE WORKINGS
           3.1 .     General
                     Surface workings to which workers have access must be designed, equipped, operated,
                     monitored and maintained so that as far as possible there is no danger to workers.
           3.2 .     Operation
           3.2.1 .   Operations must not be undertaken unless a document specifying the requirements for workers
                     safety and health protection has been prepared. This document must be brought up to date
                     periodically and held available at the workplace.
                     Work must be carried out in accordance with this document.
           3.2.2.    Work must be planned taking into account the risk of falls or slips of ground. In particular, the
                     height and slope of overburden stripping and extraction faces must be appropriate to the nature
                     and stability of the ground and the methods of working.
                     Benches and haul roads must be stable enough for the plant used. They must be constructed and
                     maintained in such a way that plant can be moved safely.
           3.2.3 .   Before the start or re-start of work, stripping and extraction faces above work areas or haul
                     roads must be checked for loose ground or rocks, and scaling must be carried out where
                     necessary .
           3.2.4 .   Faces and tips must not be worked in such a way that unstable overhangs are created .
           4.        SPECIAL REQUIREMENTS APPLICABLE TO UNDERGROUND WORKINGS
           4.1 .     General
                     Underground workings to which workers have access must be designed, equipped, operated,
                     monitored and maintained so that as far as possible there is no danger to workers.
           4.2 .     Operation
           4.2.1 .   Operations must not be undertaken unless a document specifying the requirements for workers'
                     safety and health protection has been prepared.
                     Work must be carried out in accordance with this document.
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              4.2.2.  Plans of underground workings drawn to a scale which provides a clear representation must be
                      prepared. In addition to roadways and winning areas, they must show the known features which
                      may influence working and safety. They must be readily accessible and must be kept for as long
                      as is necessary for safety purposes.
              4.2.3 . The document and plans must be brought up to date periodically and held available at the
                      workplace.
             4.3 .    Outlets
                      All mines must have access to the surface via at least two separate outlets which are soundly
                      constructed and readily accessible to underground workers.
                      Mechanical man-winding or man-riding facilities must be available for these outlets if
                      considerable physical effort is involved in negotiating them.
             4.4.     Workings
                      Workings must be constructed, equipped, operated and maintained so that workers can work
                      and move in them with a minimum of risk.
                      Roadways must be signposted to help workers to find their way about the workings.
             4.5 .    Transport
             4.5.1 .  Transport facilities must be installed, operated and maintained in such a way as to ensure the
                      safety and health of drivers, users and other persons in the vicinity.
             4.5.2.   Mechanical man-winding or man-riding facilities must be properly installed and used in
                      accordance with written instructions .
             4.6.     Support and ground stability
                      Support must be provided as soon as possible after excavation, except where the stability of the
                      ground makes it unnecessary for the safety of workers. Support must be installed in accordance
                      with plans and written instructions.
                      Workings accessible to workers must be inspected regularly for ground stability, and support
                      maintained accordingly.
             4.7 .    Ventilation
             4.7.1 .  All underground workings to which access is permitted must be ventilated in an appropriate
                      manner .
                      Continuous ventilation must be provided to maintain, with an adequate safety margin :
                      — a healthy atmosphere,
                      — an atmosphere in which the risks of explosion are kept under control,
                      — an atmosphere in which working conditions are adequate while work is in progress, having
                          regard to the working methods being used and the physical demands placed on the workers.
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           4.7.2.  Where the requirements of point 4.7.1 cannot be met by natural ventilation, the main ventilation
                   must be provided by means of one or more mechanical fans.
                   Steps must be taken to ensure stable and continuous ventilation.
                   The depression of the main fans must be monitored continuously, and an automatic alarm must
                   indicate unscheduled stoppages.
           4.7.3 . The ventilation parameters must be measured periodically and recorded. A ventilation plan
                   containing the pertinent details of the ventilation system must be prepared, brought up to date
                   periodically and held available at the workplace.
           4.8 .   Gassy mines
           4.8.1 . An underground mine is regarded as gassy if firedamp is likely to be released in such a quantity
                   that the risk of formation of an explosive atmosphere cannot be excluded.
           4.8.2.  The main ventilation must be provided by one or more mechanical fans.
           4.8.3 . Mining must proceed taking account of firedamp emission. Steps must be taken to eliminate as
                   far as possible the risks arising from firedamp.
           4.8.4.  Auxiliary ventilation must be limited to development and salvage work and to places with a
                   direct connection to the main ventilation current.
                   Production workings may be ventilated by auxiliary systems only if appropriate additional
                   measures are taken to ensure the safety and health of workers.
           4.8.5 . The ventilation measurements referred to under point 4.7.3 must be supplemented by firedamp
                   determinations .
                   Firedamps levels must also be permanently monitored in return airways from production units
                   using mechanized extraction or underwinning and at the head ends of mechanized blind end
                   workings, taking into account the result of the risk evaluation exercise carried out in accordance
                   with Articles 6, 9, and 10 of Directive 89/391 /EEC.
           4.8.6.  Only explosives and initiating devices specifically for gassy mines may be used.
           4.8.7 . The provisions of point 1.5.1.2 are replaced as follows :
                   — smoking, carrying tobacco for smoking and any objects which may be used to produce a
                       flame are prohibited,
                   — flame cutting, welding and other similar operations are permitted only in exceptional circum­
                       stances and subject to specific measures ensuring the safety and health of the workers.
           4.9.    Flammable dusts
           4.9.1 . Coal mines are considered to be susceptible to flammable dusts except where the result of the
                   risk evaluation exercise carried out in accordance with Directive 89 / 391 / EEC shows that none
                   of the seams being worked contains dust liable to propagate an explosion.
           4.9.2 . The provisions of points 4.8.6 and 4.8.7 apply mutatis mutandis.
           4.9.3 . Steps must be taken to reduce flammable dust deposits, and to remove, neutralize or bind the
                   same .
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             4.9.4.     Propagation of flammable dust and/or firedamp explosions which are liable to trigger further
                        flammable dust explosions must be limited by installing a system of explosion barriers, the
                        locations of which must be indicated in a document which is brought up to date periodically and
                        held available at the workplace.
             4.10.      Mines susceptible to gas outbursts, rockbursts or water inrushes
             4.10.1 .   In parts of mines susceptible to gas outbursts (with or without the projection of minerals or
                       rock), rockbursts or water inrushes, an operating plan must be drawn up and implemented so as
                       to ensure, as far as possible, a safe system of work and the protection of workers.
             4.10.2 .  Measures must be taken to identify risk zones, protect workers in workings approaching or
                       traversing these zones, and control the risks.
             4.11 .    Fires, combustions and heatings
             4.11.1 .  Provision must be made for the prevention and, where appropriate, the early detection of spon­
                       taneous combustion .
             4.11.2.   Flammable materials taken into underground workings must be limited to the quantities which
                       are strictly necessary.
             4.12 .    Precautions for withdrawal of workers
                       So that they can withdraw in safety, workers must, where necessary, be provided with self­
                       rescue respiratory protection devices which they must always keep within their reach. Workers
                       must be trained in the use of these devices, which must remain at the mine and be checked
                      regularly to ensure that they are in good condition.
             4.13 .   Lighting
                      The provisions of point 1.13 are replaced as follows :
                      — workers must be provided with a suitable personal lamp,
                      — workstations must as far as possible be equipped with artitical lighting adequate for the
                           protection of workers' safety and health,
                      — lighting installations must be placed in such a way that there is no risk of accident to workers
                           as a result of the type fitted.
            4.14 .    Underground workforce accounting
                      It must be possible to know exactly who is underground at any time.
            4.15 .    Rescue organization
                      In order to enable suitable action to be taken rapidly and effectively in the event of a major
                      incident, an adequate rescue organization must be available to act at any site where under­
                      ground extraction or exploratory workings are in progress. The rescue organization must have
                      sufficient trained rescue workers and adequate rescue equipment at its disposal.