Category Archives: Health Hygiene and Safety at Work

Although one of the goals of the European Union is to create employment through the Lisbon Strategy for Growth and Jobs, it also tries to ensure that these new jobs are of a higher quality. Health and safety at work is now one of the most important and most advanced areas of EU social policy. Community action in this area is not limited to legislation. The European Institutions carry out several activities providing information and guidance and promoting a safe and healthy working environment in cooperation with the European Agency for Health and Safety at Work and the European Foundation for the Improvement of Living and Working Conditions.

Use of work equipment

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Use of work equipment

Outline of the Community (European Union) legislation about Use of work equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Use of work equipment

To implement minimum practical measures with a view to encouraging an improvement in the health and safety of workers when using work equipment.

Document or Iniciative

Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

Summary

Employers’ obligations:

to base the choice of work equipment on the specific working conditions and hazards existing for workers in order to eliminate or at least minimise those hazards. Equipment made available to workers for the first time after 31 December 1992 must comply with the minimum requirements laid down in the Annex, in as far as no other Community Directive is applicable or is so only partially; work equipment already made available for use by 31 December 1992 must comply with the minimum requirements no later than four years after that date. Use, maintenance or repair of work equipment involving a specific risk may only be carried out by the workers who have been specifically designated to the task;
to provide workers with adequate information and written instructions on work equipment, containing at least adequate safety and health information;
to provide the workers using the equipment with adequate training, including training on any risk which such use might entail;
to ensure that where the safety of work equipment depends on the installation conditions it will be subject to an initial inspection and inspection after each time it is reassembled;
to ensure that the work equipment is subject to periodic inspections and special inspections after any occurrence liable to jeopardise its safety;
to take fully into account the work station and position of workers while using work equipment, as well as the ergonomic principles, when applying the minimum safety requirements;
to ensure that workers are aware of the potential dangers to which they are exposed in their immediate working environment;
to provide for the consultation and participation of workers on matters covered by the Directive.

Amendment of the Annex

The addition of supplementary minimum requirements applicable to specific work equipment shall be adopted by the Council (procedure laid down in Article 138 of the Treaty). Directive 2001/45/EC, for example, introduced minimum requirements with a view to improving the health and safety of persons working at a height (ladders, scaffolding and ropes), thus helping to bring about a significant reduction in the number of falls.
Technical adjustments shall be adopted by the Commission (procedure laid down in Directive 89/391/EEC).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 89/655/EEC	31.12.1992	–	Official Journal L 393 of 30.12.1989

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2001/45/EC	19.07.2001	19.06.2004	OJ L195 of 19.7.2001
Directive 95/63/EC	05.12.1995	–	OJ L 335 of 30.12.1995
Directive 2007/30/EC	28.6.2007	31.12.2007	OJ L 165 of 27.6.2007

Health, hygiene and safety at work

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Health, hygiene and safety at work

Outline of the Community (European Union) legislation about Health, hygiene and safety at work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Health, hygiene and safety at work

GENERAL PROVISIONS

Health and safety at work – general rules
Community strategy on health and safety at work (2007-2012)
Community programme for employment and solidarity – PROGRESS (2007-2013)
European Progress Microfinance Facility (EPMF)
Communication on the practical implementation of directives on health and safety at work
European Agency for Safety and Health at Work
European Foundation for the Improvement of Living and Working Conditions (EUROFOUND)
Advisory Committee on Safety and Health at Work (ACSHW)
Statistics on public health and health and safety at work
European schedule of occupational diseases
Organisation of working time: basic Directive
Community strategy on health and safety at work (2002-2006)

EQUIPMENT, SIGNS AND LOADS

Use of work equipment
Use of personal protective equipment (PPE)
Work with display screen equipment
Provision of health and safety signs at work
Manual handling of loads involving risk

PROTECTION OF SPECIFIC GROUPS OF WORKERS

Self-employed workers: health and safety at work
Health and safety for temporary workers
Protection of young people at work
Protection of pregnant workers and workers who have recently given birth or are breastfeeding

THE WORKPLACE

Health and safety of workers: conditions applicable to the workplace
Temporary and mobile work sites
Extractive industries by means of boreholes
Extractive industries in the surface and underground
Equipment and protective systems intended for use in potentially explosive atmospheres
Reassessing the regulatory social framework for more and better seafaring jobs in the EU
Strengthening of maritime labour standards
Fishing vessels
Improved medical treatment on board vessels

CHEMICAL, PHYSICAL AND BIOLOGICAL AGENTS

Protection of workers from exposure to biological agents
Protection of workers exposed to asbestos
Exposure to electromagnetic fields
Exposure to noise
Exposure to mechanical vibration
Risk of explosive atmospheres
Exposure to chemical agents
Dangers arising from ionising radiation
Exposure to artificial optical radiation
Exposure to carcinogens and mutagens
European system for registration of carriers of radioactive materials (Proposal)
Exposure to biological agents
Exposure to asbestos

Use of personal protective equipment

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Use of personal protective equipment

Outline of the Community (European Union) legislation about Use of personal protective equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Use of personal protective equipment (PPE)

Document or Iniciative

Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

Summary

Definition of the term “personal protective equipment”: equipment designed to be worn or held by the worker to protect him against hazards encountered at work. A number of items are excluded from the definition, such as equipment used by emergency and rescue services, self-defence or deterrent equipment.

Such equipment must be used when the existing risks cannot be sufficiently limited by technical means of collective protection or work organisation procedures.

Employers’ obligations

Personal protective equipment must comply with the relevant Community provisions on design and manufacture with respect to safety and health (see Directive 89/686/EEC) and with the conditions set out in the Directive. The employer must provide the appropriate equipment free of charge and ensure that it is in good working order and hygienic condition.

Assessment of personal protective equipment

Before choosing personal protective equipment, the employer is required to assess the extent to which it complies with the conditions set out in the Directive. This includes analysis of risks which cannot be avoided by other means and definition and comparison of the requisite characteristics of the equipment.

Rules for use

Member States shall ensure that general rules are established for the use of personal protective equipment and/or covering cases and situations where the employer must provide such equipment. There must be prior consultation with employers’ and workers’ organisations. Annexes to the Directive contain information for establishing such rules: specimen risk survey table (I), non-exhaustive list of items of personal protective equipment (II), non-exhaustive list of activities which may require the provision of personal protective equipment (III).

Information, consultation and participation of workers

Workers shall be informed of all measures to be taken. Consultation and participation shall take place on the matters covered by the Directive.

Technical adjustments in the Annexes shall be adopted by the Commission assisted by a committee (Article 17, Directive 89/391/EEC).

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 89/656/EEC	12.12.89	31.12.92	OJ L 393 of 30.12.89

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2007	OJ L 165 of 27.6.2007

Related Acts

Commission Communication for the implementation of Council Directive 89/656/EEC, concerning the assessment of the safety aspects of personal protective equipment with a view to the choice and use thereof (Official Journal C 328 of 20.12.1989).

The non-exhaustive supplementary information in the annex covers the criteria to be taken into account in selecting and using the main types of personal protective equipment, and assessment of the risk to be covered and those arising from the equipment and use thereof.

The Commission requests Member States to ensure widespread circulation of the data so that they may serve as reference documents during implementation of Council Directive 89/656/EEC.

The annex lists nine main types of protective equipment: industrial helmets, goggles and visors, ear protectors, respirators, gloves, boots and shoes, protective clothing, lifejackets for industrial use and protection against falls.

Equipment and protective systems intended for use in potentially explosive atmospheres

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Equipment and protective systems intended for use in potentially explosive atmospheres

Outline of the Community (European Union) legislation about Equipment and protective systems intended for use in potentially explosive atmospheres

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Equipment and protective systems intended for use in potentially explosive atmospheres

Document or Iniciative

European Parliament and Council Directive 94/9/EC of 23 March 1994 on the forthcoming legislation for Member States on protective devices and systems for use in potentially explosive atmospheres [See amending act(s)].

Summary

The Directive applies to electrical and non-electrical protective devices and systems (surface and mining equipment) used in potentially explosive atmospheres * and to items of equipment for use outside potentially explosive atmospheres but which impinge upon devices that are present in any such atmospheres.

The Directive does not apply, in particular, to:

medical devices,
protective devices and systems used on premises where potentially explosive or chemically unstable substances are stored,
seagoing ships and mobile offshore units,
certain means of transport.

Conformity assessment procedures

Protective devices and systems must meet the essential safety and health requirements. These are divided up into three categories:

common requirements concerning protective devices and systems,
additional requirements applying to devices which can trigger an explosion,
additional requirements for protective systems.

CE conformity marking

The procedures for obtaining the CE conformity marking depend upon the device and level of safety provided. The Directive sets out in detail the procedures to be followed with regard to the various categories of protective devices and systems used in potentially explosive atmospheres. These devices are typified by a protection-level scale which determines the type of procedure to be followed.

Certain procedures for the assessment and checking of protective devices and systems are carried out by a notified body; a list of these is published in the Official Journal of European Union together with their identification numbers and the tasks for which they have been notified. Moreover, procedures ranging from unit verification to internal production control by manufacturers are laid down for well-defined conformity categories.

The CE conformity marking must be affixed to equipment in a visible manner, together with the identification number of the notified body where the latter is involved in the production control stage. Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking are not thereby reduced.

Equipment and protective systems complying with the Directive and bearing the CE conformity marking are deemed to be able to move freely throughout the European market. However, they may be withdrawn from the market if they adversely affect human or animal health or property.

For a transitional period ending on 30 June 2003, Member States allowed the placing on the market and bringing into service of equipment conforming to the provisions in force on their territory on 23 March 1994.

Key terms of the Act
Equipment and protective systems intended for use in potentially explosive atmospheres: machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy for the processing of material and which are capable of causing an explosion through their own potential sources of ignition.

Key terms of the Act

Equipment and protective systems intended for use in potentially explosive atmospheres: machines, apparatus, fixed or mobile devices, control components and instrumentation thereof and detection or prevention systems which, separately or jointly, are intended for the generation, transfer, storage, measurement, control and conversion of energy for the processing of material and which are capable of causing an explosion through their own potential sources of ignition.

References

Act	Entry into force	Deadline for implementation in the Member States	Official Journal
Directive 94/9/EC	9.5.1994	1.9.1995	OJ L 100 of 19.4.1994
Amending act(s)	Entry into force	Deadline for implementation in the Member States	Official Journal
Regulation (EC) No 1882/2003	20.11.2003	–	OJ L 284 of 31.10.2003

The successive amendments and corrections to Directive 94/9/EC have been incorporated into the basic text. This consolidated version is for reference only.

Related Acts

List of titles and references for harmonised standards.

Directive 1992/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [Official Journal L 23 of 28.1.2000].

This Directive lays down minimum requirements for the safety and health protection of workers potentially at risk from explosive atmospheres and in particular, the obligations of the employer.

Guidelines for the application of Directive 94/9/EC.

Manual handling of loads involving risk

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Manual handling of loads involving risk

Outline of the Community (European Union) legislation about Manual handling of loads involving risk

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Manual handling of loads involving risk

Document or Iniciative

Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

Summary

Definition of the term “manual handling of loads”: any transporting or supporting of a load which, by reason of its characteristics or of unfavourable ergonomic conditions, involves a risk to workers.

In applying this Directive, employers must:

use the appropriate means to avoid the need for manual handling of loads by workers, or, where this cannot be avoided, to take the appropriate organisational measures to reduce the risk involved, having regard to Annex I;
ensure that workers receive adequate information on the weight of a load and the centre of gravity or the heaviest side when a package is eccentrically loaded, and to ensure proper training and precise information on how to handle loads correctly, and the risks involved in incorrect handling, having regard to Annexes I and II;
guarantee that consultation and participation of workers takes place in accordance with the framework Directive on matters covered by this Directive.

The Annexes contain reference information on the characteristics of the load and the working environment, the physical effort required, the requirements of the activity and the individual risk factors. Technical alterations shall be adopted by the Commission assisted by a committee (Article 17, Directive 89/391/EEC).

The Directive includes provisions for publishing:

a rapport from the Member States every four years on the practical implementation of the Directive, indicating the views of social parteners;
a periodic report from the Commission.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 90/269/EEC	12.6.90	31.12.92	OJ L 156 of 21.6.90

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165 of 27.6.2007

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions on the practical implementation of the provisions of the Health and Safety at Work Directives 89/391 (Framework), 89/654 (Workplaces), 89/655 (Work Equipment), 89/656 (Personal Protective Equipment), 90/269 (Manual Handling of Loads) and 90/270 (Display Screen Equipment) [COMM(2004) 62 – Not published in the Official Journal]

Work with display screen equipment

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Work with display screen equipment

Outline of the Community (European Union) legislation about Work with display screen equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Work with display screen equipment

Document or Iniciative

Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [Official Journal L 156 of 21.6.1990] [See amending act(s)].

Summary

European legislation protects the safety and health of workers using display screen equipment *.

This Directive contains individual provisions intended to supplement the general provisions of Directive 89/391/EEC concerning health and safety at work.

However, this Directive does not apply to:

workstations * and computer systems on board a means of transport;
computer systems mainly intended for public use;
portable systems, except in prolonged use at a workstation;
equipment having a small display (calculators, cash registers, etc.);
traditional typewriters.

Employers’ obligations

In order to ensure the safety and health of workers, employers are obliged to:

perform an evaluation of workstations, and bring them into line with the requirements of the Directive (Annex),
inform, consult and train workers with regard to all measures connected with their health and safety.

In addition, the daily activities of workers using display screen equipment must be interrupted by breaks or changes of activity.

In addition, workers must undergo an eye and eyesight test before commencing their display screen work, and then at regular intervals during their activities and if visual difficulties develop. If necessary, workers must be provided with special corrective appliances, without charge.

Key terms
Display screen equipment: an alphanumeric or graphic display screen, regardless of the display process employed. Workstation: refers to the work surface, display screen equipment, additional equipment and accessories (keyboard, telephone, printer, etc.).

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 90/270/EEC	11.6.1990	31.12.1992	OJ L 156 of 21.6.1990

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165 of 27.6.2007

Related Acts

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the practical implementation of the provisions of the Health and Safety at Work Directives 89/391/EEC (framework), 89/654/EEC (workplaces), 89/655/EEC (work equipment), 89/656/EEC (personal protective equipment), 90/269/EEC (manual handling of loads) and 90/270/EEC (display screen equipment) [COM(2004) 62 final – Not published in the Official Journal].

Provision of health and safety signs at work

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Provision of health and safety signs at work

Outline of the Community (European Union) legislation about Provision of health and safety signs at work

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Provision of health and safety signs at work

Document or Iniciative

Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of health and/or safety signs at work (ninth individual Directive within the meaning of Directive 89/391/EEC) [Official Journal L 245 of 26.8.92].

Summary

Directive 92/58/EEC lays down minimum requirements concerning health and safety signs at work *. For example, they relate to: location and identification of containers and pipes, fire-fighting equipment, certain traffic routes, illuminated and acoustic signs, as well as the introduction of appropriate verbal communications * and hand signals *.

This Directive complements the Framework Directive 89/391/EEC on health and safety at work.

The Directive does not apply to signs for the placing on the market of dangerous substances and preparations, products and/or equipment, nor to signs used for regulating road, rail, inland waterway, and sea or air traffic.

Employers’ obligations

Employers must provide safety signs where hazards cannot be avoided or adequately reduced by preventive measures or procedures used in the organisation of work.

Wherever appropriate, signs used for road, rail, inland waterway, sea and air transport can be installed inside companies or undertakings.

Supplementary information

Member States may specify certain exemptions within certain precise limits.

Workers must be informed of the measures to be taken and must be given appropriate training (precise instructions).

Workers must be consulted and allowed to participate on the matters covered by the Directive.

Technical adaptations to the Annexes will be adopted by the Commission, assisted by a committee (Article 17 of Directive 89/391/EEC).

Member States are required to report to the Commission every five years on the practical implementation of the Directive. The Commission is required to report periodically to the European Parliament, the Council and the Economic and Social Committee on the implementation of the Directive.

Context

The Directive repeals Directive 77/576/EC on safety signs in the work place.

Key terms of the Act

Safety and health signs: information or instructions about safety and/or health at work by means of a signboard, a colour, an illuminated sign or acoustic or hand signal, or a verbal communication;
Verbal communication: a predetermined spoken message communicated by a human or artificial voice;
Hand signal: a movement or position of the arms or hands for guiding persons who are carrying out manoeuvres which constitute a hazard or danger.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 92/58/EEC	22.7.1992	24.6.1994	OJ L 245 of 26.8.1992

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165 of 27.6.2007

Related Acts

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the practical implementation of Health and Safety at Work Directives 92/57/EEC (temporary and mobile sites) and 92/58/EEC (safety signs at work) [COM(2008) 698 final – Not published in the Official Journal].
The Commission presents a positive report on the implementation of Directive 92/58/EEC. In fact, the majority of the 15 European Union Member States have completed their legislation through the new rules and requirements provided for in this Directive.
Implementation of the Directive has enabled the national systems of workplace safety signs to be streamlined. However, the Commission states that workers are still badly informed about the rules on signs and the Commission encourages companies to strengthen their training activities.

Extractive industries by means of boreholes

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Extractive industries by means of boreholes

Outline of the Community (European Union) legislation about Extractive industries by means of boreholes

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Extractive industries by means of boreholes

Document or Iniciative

Council Directive 92/91/EEC of 3 November 1992 concerning minimum requirements for improving the safety and health protection of workers in the extractive industries (boreholes) (11th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

Summary

This Directive lays down the minimum requirements for protecting the health and safety of workers in extractive industries by means of boreholes *.

General obligations of the employer:

In applying this Directive, employers are required to:

apply safety considerations to workplaces right from the design stage;
ensure that there is a supervisor in charge;
entrust work involving a special risk only to suitably qualified staff;
ensure that safety instructions are comprehensible to all the workers concerned;
provide first aid facilities and run safety exercises at regular intervals.

Before the commencement of work, the employer must satisfy himself that a document on safety and health is prepared and brought up to date (in accordance with Articles 6, 9 and 10 of Directive 89/391/EEC). This document must show, in particular, that the risks run by workers at the workplace have been determined and assessed, that appropriate measures have been taken and that the workplace is designed, operated and maintained in line with safety requirements.

This coordination does not affect the liability of individual employers.

The employer must immediately report fatal and serious occupational accidents and dangerous occurrences.

In terms of protection against fire, explosions and health-endangering atmospheres, employers must take preventive measures appropriate to the nature of the operation in order to:

avoid, detect and combat the starting and spread of fires and explosions;
prevent the occurrence of explosive and/or health-endangering atmospheres.

Employers shall provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely in the event of danger.

Employers shall take the requisite measures to provide the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises.

Furthermore, they must inform workers of all measures to be taken concerning safety and health at the workplace.

Every worker must receive or be subject to a health surveillance before they are assigned to duties related to the activities referred to in the Directive and at regular intervals thereafter.

Employers must ensure consultation and participation of workers on the matters covered by the Directive.

Lastly, workplaces used for exploration for and extraction of minerals by means of boreholes must satisfy the minimum health and safety requirements (listed in the Annex).

When workplaces undergo changes, extensions and/or conversions after the date on which this Directive is brought into effect, the employer shall take the measures necessary to ensure that they are in compliance with the minimum requirements laid down in the Annex.

Key terms of the Act
Extractive industries (boreholes): all industries engaged in prospecting and extraction activities and in the preparation of extracted materials for sale but not the processing of such extracted materials.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 92/91/EEC	11.11.1992	3.11.1994	OJ L 348 of 28.11.1992

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165 of 27.6.2007

The successive amendments and corrections to Directive 92/91/EEC have been incorporated into the original text. This consolidated versionis for reference only.

Extractive industries in the surface and underground

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Extractive industries in the surface and underground

Outline of the Community (European Union) legislation about Extractive industries in the surface and underground

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Extractive industries in the surface and underground

Document or Iniciative

Council Directive 92/104/EEC of 3 December 1992 concerning minimum requirements for improving the safety and health protection of workers in the surface and underground extractive industries (12th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [Official Journal L 404 of 31.12.1992].

Summary

This Directive, which fills the legal vacuum arising from the exclusion of the extractive industries from the scope of Council Directive 89/654/EEC, covers the other two sectors of the extractive industries which are not covered by the Directive on exploration and exploitation by means of boreholes, i.e. exploration for and exploitation of minerals in surface or underground mines and quarries.

This Directive does not concern operations connected with the transport of workers and products outside the workplace. The provisions of Directive 89/391/EEC apply in full without prejudice to the more binding provisions contained in this Directive.

Definition of “surface and underground extractive industries”: all industries engaged in activities concerned with extraction of minerals in the open air or underground and/or prospecting with a view to such extraction and/or preparation of extracted materials for sale, but not the processing of extracted materials.

General obligations of the employer

In accordance with this Directive, the employer shall be required to:

ensure that workplaces are designed and operated in such a way as to protect the workers’ safety and/or health;
make provision for responsible supervision during operation of manned workplaces;
entrust work involving a special risk only to competent workers;
ensure that safety instructions are comprehensible to all the workers concerned;
provide first-aid facilities and run safety exercises at regular intervals;
prevent fires, explosions and health-endangering noxious atmospheres by taking measures and precautions appropriate to the nature of the operation;
ensure the presence and maintenance of escape and rescue facilities;
provide the necessary communication, warning and alarm systems enabling immediate implementation of rescue operations;
ensure the presence and maintenance of sanitary installations and rest rooms;
inform workers of the measures to be taken concerning safety and health at the workplace;
ensure that workers undergo regular health checks;
ensure consultation and participation of workers on the matters covered by the Directive.

Prior to the commencement of work, the employer must ensure that a document concerning safety and health is prepared and kept up to date (in accordance with Articles 6, 9 and 10 of Directive 89/391/EEC). This document must show, in particular, that the risks run by workers at the workplace have been determined and assessed, that appropriate measures have been taken and that the workplace is designed, operated and maintained in line with safety requirements.

Where workers from more than one firm are present at the same workplace, the employer responsible for the workplace must coordinate the health and safety measures applying to these workers and set them out in the document. This coordination does not affect the liability of individual employers. The employer must immediately report fatal and serious occupational accidents and dangerous occurrences.

Workplaces involving exploration for and exploitation of minerals in mines and quarries used for the first time after 31 December 1993 must satisfy the minimum requirements laid down in the Annex; modifications made after 31 December 1993 must also comply with these minimum requirements; workplaces already in use are allowed a further nine years in order to take account of the situation of small and medium-sized enterprises.

General provisions

Amendments to the Annexes are to be adopted by the Commission in accordance with the procedures laid down in Article 17 of Directive 89/391/EEC.

Member States may waive implementation of this Directive in respect of extractive industries involving dredging, provided that the general principles for protecting the health and safety of the workers concerned are respected.

Member States shall report to the Commission every five years on the implementation of this Directive.

References

Act	Entry into force – Date of expiry	Deadline for transposition in the Member States	Official Journal
Directive 92/104/EEC	07.12.1992	07.12.1994	OJ L 404 of 31.12.1992

Exposure to carcinogens and mutagens

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Exposure to carcinogens and mutagens

Outline of the Community (European Union) legislation about Exposure to carcinogens and mutagens

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Exposure to carcinogens and mutagens

Document or Iniciative

Directive 2004/37/EC of the European Parliament and the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC).

Summary

This Directive does not apply to workers exposed only to the forms of radiation covered by the Treaty establishing the European Atomic Energy Community (Euratom Treaty). It applies to workers exposed to asbestos when its provisions are more favourable than those of Directive 83/477/EEC (as last amended by Directive 2003/18/EC).
Directive 89/391/EEC applies in full, without prejudice to more binding and/or more specific provisions contained in this Directive.

In the case of any activity likely to carry the risk of exposure to carcinogens or mutagens, the nature, degree and duration of workers’ exposure must be determined on a regular basis in order to assess any risk to workers’ health or safety and decide the steps to be taken. All routes of exposure must be taken into account, including absorption into and/or through the skin. Particular attention must be paid to workers who are especially at risk.

EMPLOYERS’ OBLIGATIONS

Reduction and replacement

Employers must reduce the use of a carcinogen or mutagen, particularly by replacing it, as far as is technically possible, with a substance, preparation or process that is not dangerous or is less dangerous.

Prevention and reduction of exposure

Employers must ensure that the carcinogen or mutagen is manufactured and used in a closed system. If this is not technically possible, employers must ensure that the level of exposure is as low as is technically possible.
Exposure must not exceed the limits set out in Annex III.

Information for the competent authority

Employers must provide the competent authority, on request, with information relating to such matters as the reasons for using carcinogens or mutagens, the preventive measures taken and the number of workers exposed.

Unforeseeable exposure

In the event of unforeseeable incidents or accidents likely to lead to workers being abnormally exposed, employers must inform their workers. Protective clothing and respiratory personal protective equipment must be worn, and exposure must be kept to the strict minimum necessary.

Foreseeable exposure

For certain activities, such as maintenance work, for which the likelihood of a significant increase in exposure is foreseeable and against which all preventive measures have been taken, employers must decide the measures necessary to reduce as far as possible the amount of time workers are exposed and to ensure that they are protected during these activities. Protective clothing and respiratory personal protective equipment must be worn, and exposure must be kept to the strict minimum necessary. Moreover, the areas used for such activities must be clearly demarked and indicated.

Access to risk areas

Employers must restrict access to risk areas to workers who, by virtue of their work or duties, are required to enter such areas.

Measures regarding hygiene and personal protection

Employers are required to take the following measures regarding hygiene and personal protection for all activities that carry a risk of contamination:

ensure that workers do no eat, drink or smoke in work areas where there is a risk of contamination;
supply workers with the appropriate clothes and provide separate storage places for work clothes and street clothes;
provide washing and toilet facilities;
properly store, check and clean protective equipment before and after every use.

Workers must not bear the cost of these measures.

Informing, training and consulting workers

Employers must take appropriate steps to ensure that workers and/or their representatives receive sufficient and suitable training about:

potential and additional health risks (smoking);
precautions for preventing exposure;
hygiene requirements;
protective clothing;
measures to be taken in the event of an incident.

Employers must ensure that containers, packages and installations containing carcinogens or mutagens are clearly and legibly labelled, and that warning signs are clearly displayed.

Appropriate measures must be taken to ensure that workers are able to assess whether the Directive is being applied correctly. They must be informed as quickly as possible in the event of abnormal exposure.

Employers must have an updated list of workers undertaking activities that carry a risk to their health and safety in terms of exposure to carcinogens and mutagens.

Workers and/or their representatives must be consulted about and involved in all matters related to exposure to carcinogens and mutagens.

MISCELLANEOUS PROVISIONS

Health monitoring

Member States must take steps to ensure that the health of every exposed worker can be adequately monitored. These must be such that it is possible to apply individual and work-related health measures. When a worker’s health is monitored, an individual medical file is to be created.
Practical recommendations relating to the monitoring of workers’ health can be found in Annex II.
All cases of cancer identified as resulting from exposure at work must be notified to the competent authority.

Record-keeping

The up-to-date list of workers who have been exposed, which the employer is required to keep, and individual medical files are to be kept for at least 40 years after the end of exposure.

Limit values

The Council sets out in directives, where possible, limit values for all carcinogens or mutagens and, where necessary, other directly related provisions. Annex III contains the limit values for benzene, vinyl chloride monomer and hardwood dusts.

Annexes I (list of substances, preparations and processes) and III (limit values) can be amended only by the Council (Article 137 of the EC Treaty).
Technical amendments to Annex II (practical recommendations relating to the monitoring of workers’ health) are adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.

Context

This Directive is a consolidation Directive that replaces Directive 90/394/EEC and its subsequent amendments (Directive 90/394/EEC, Directive 97/42/EC and Directive 1999/38/EC). It makes no substantive changes and merely consolidates the body of texts which it replaces. The deadlines for the transposition of Directives 90/394/EEC, 97/42/EC and 1999/38/EC into national law continue to apply.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2004/37/EC	20.05.2004	Directive 90/394/EEC: 31.12.92 Directive 97/42/EC: 27.06.00 Directive 1999/38/EC: 29.04.03	OJ L 158 of 30.04.2004

Related Acts

Council Directive 1967/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances [Official Journal L 196 of 16.08.1967]

Directive of the European Parliament and the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations [Official Journal L 200 of 30.07.1999]