Tag Archives: Occupational safety

A strategy for better ship dismantling practices

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A strategy for better ship dismantling practices

Outline of the Community (European Union) legislation about A strategy for better ship dismantling practices

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Transport > Waterborne transport

A strategy for better ship dismantling practices

Many decommissioned European ships end up on the beaches of South Asia where they are dismantled. The absence of environmental protection and safety measures results in a high rate of accidents, health risks and large-scale pollution affecting vast expanses of the coast. The strategy proposed to improve ship dismantling practices includes action aimed at contributing to the implemention of the main elements of an international convention on the recycling of ships which has just been adopted. It also provides for measures aimed at encouraging voluntary action by the maritime transport sector and better application of current Community legislation on waste shipments.

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 November 2008 – An EU strategy for better ship dismantling [COM(2008) 767 final – Not published in the Official Journal].

Summary

The European Union (EU) strategy gives effect to the 2007 Green Paper on better ship dismantling practices. This strategy should guarantee that ships with a strong link to the Union (in terms of flag or ownership) are dismantled only in safe and environmentally sound facilities, in line with the Hong Kong Convention developed by the International Maritime Organization (IMO) and adopted on 19 May 2009.

Such a strategy complies with Regulation (EC) No 1013/2006 on waste shipments which transposes the Basel Convention. It thus aims to prevent the export of hazardous end-of-life ships from the EU to developing countries, and to protect human health and the environment during dismantling operations, without creating unnecessary new economic burdens.

Main elements of the strategy proposed by the Commission

The EU strategy proposes a series of measures aimed at improving ship dismantling conditions as soon as possible, in particular during the interim period preceding the entry into force of the new IMO convention. The following measures are envisaged in particular:

  • start preparations to introduce measures on key elements of the new IMO convention, in particular concerning surveys, certification and the inventory of hazardous materials present on board ships;
  • encourage voluntary industry action through various measures, such as awards for exemplary “green” recycling activities, the publication of guidelines and a list of “clean” dismantling facilities.
  • provide technical assistance and support to developing countries for training programmes in safety and the establishment of basic infrastructure for environmental and health protection;
  • improve the application of current rules on waste shipments by intensifying controls in European ports, enhancing cooperation and exchange of information between European authorities and the establishment of a list of ships ready for scrapping.

The strategy also proposes that the Commission should examine the feasibility of the following measures:

  • establish auditing and certification of ship recycling facilities worldwide and evaluate how EU ships might be encouraged to use this scheme;
  • ensure that warships and other government vessels which do not come under the scope of the convention be subject to Community rules for their “clean” dismantling;
  • establish a mandatory international funding system for “clean” ship dismantling.

Context

The preparation of an EU strategy for environmentally sound ship dismantling practices is one of the elements of the Commission action plan on an integrated maritime policy for the European Union.

This Communication has the aim of encouraging debate and paving the way for the legislative proposal to be presented after the adoption of the Hong Kong Convention in May 2009.

Health and safety for temporary workers

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Health and safety for temporary workers

Outline of the Community (European Union) legislation about Health and safety for temporary workers

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Employment and social policy > Health hygiene and safety at work

Health and safety for temporary workers

Document or Iniciative

Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship [See amending act(s)].

Summary

The European health and safety at work standards apply to all workers, including temporary workers, whose employment relationships are defined by:

  • a fixed-duration contract concluded directly between an employer and a worker under which the end of the contract is determined by objective conditions (date, completion of a specific task, etc.);
  • a temporary employment contract concluded between a temporary employment business and a worker for the purpose of carrying out a task in an undertaking under its supervision.

Directive 89/391/EEC on health and safety at work and the sectoral directives (concerning manual handling, in particular) apply to this type of employment contract.

Informing workers

Before employment commences, the undertaking must inform the temporary worker of:

  • the occupational qualifications or skills required;
  • the special medical surveillance provided for by national legislation;
  • the specific risks that the job may entail.

Workers’ training

Before undertaking an activity, the temporary worker must receive training on the characteristics and risks of the job. This training must be adapted to the worker’s level of qualifications and professional experience.

Medical surveillance

European Union (EU) Member States may prohibit the recruitment of temporary workers for work which:

  • is dangerous to their health and safety;
  • requires special medical surveillance over a long period.

If Member States do not use this option, they must ensure that appropriate medical surveillance is in place. If necessary, this surveillance may continue after the end of the temporary contract.

Responsibilities

The undertaking receiving the temporary worker shall be responsible for the conditions governing the performance of the work, in particular with regard to safety, hygiene and health. Member States may also decide to extend this responsibility to the temporary employment business.

The persons or departments responsible for ensuring that the preventive health rules are complied with must be notified of any assignment of temporary workers.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 91/383/EEC

15.7.1991

31.12.1992

L 206, 29.7.1991
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Agreement on the European Economic Area – Protocol 1 on horizontal adaptations

1.1.1994

–

L 1, 3.1.1994

Directive 2007/30/EC

28.6.2007

31.12.2012

OJ L 165, 27.6.2007

Successive amendments and corrections to Directive 91/383/EEC have been incorporated in the basic text. This consolidated versionis for reference purpose only.

Health and safety at work – general rules

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Health and safety at work – general rules

Outline of the Community (European Union) legislation about Health and safety at work – general rules

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Employment and social policy > Health hygiene and safety at work

Health and safety at work – general rules

Document or Iniciative

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work [See amending act(s)].

Summary

This Directive establishes base rules on protecting the health and safety of workers *. The measures provided in the Directive aim to eliminate the risk factors for occupational diseases and accidents.

These measures apply to all sectors of activity, both public and private, with the exception of certain specific activities in the public (e.g. army, police, etc.) and civil protection services.

Employers * are obliged to ensure the health and safety workers in every aspect related to the work, including if they enlist external companies or persons. Member States may limit this responsibility in the case of force majeure *.

The employer shall establish means and measures for protecting workers. These involve activities of prevention, information and training workers, particularly to:

  • avoid risks or manage those risks that cannot be avoided;
  • give appropriate instructions to workers by promoting common protective measures;
  • adapt working conditions, equipment and working methods by taking into account developments in techniques.

The protection means and measures should be adapted in cases where the working conditions change. In addition, the employer should take into account the nature of the activities of the company and the capabilities of the workers.

If workers from several companies work in the same work place, the different employers shall cooperate and coordinate their protective measures and risk prevention measures.

In addition, activities of first aid, fire-fighting and the evacuation of workers in serious and immediate danger must be adapted to the nature of the activities and to the size of the company. The employer must inform and train those workers who could be exposed to serious and immediate danger.

The employer shall establish protective and preventative services in their company or establishment, including with regard to activities of first aid and reacting to serious danger. The employer shall therefore appoint one or several trained workers to ensure that the measures are followed or to call the external services.

Monitoring the health of workers is ensured by the measures fixed in accordance with national legislation and practice. Each worker may request a health check at regular intervals.

Groups of people at risk or particularly sensitive people should be protected against dangers which could affect them specifically.

Consulting workers

Employers shall consult workers and their representatives concerning all the issues related to health and safety at work.

Workers’ representatives can suggest that the employer takes particular measures. They can enlist the national competent authorities if the employer fails to fulfil their duty.

Workers’ obligations

Each worker must take care of their own health and security and that of persons affected by their acts or by their omissions at work. In accordance with the training given and the instructions of their employers, in particular workers must:

  • use equipment, tools and substances connected to their activity of work correctly;
  • use personal protective equipment correctly;
  • refrain from disconnecting, changing or removing arbitrarily safety devices fitted;
  • immediately inform the employer of any work situation which represents a serious and immediate danger.

Context

This Framework Directive is supplemented by the sectoral Directives (listed in the Annex), in particular concerning the use of personal protective equipment and manual handling work.

Key terms
  • Worker: any person employed, including trainees and apprentices, but excluding domestic workers;
  • Employer: any natural or legal person who has an employment relationship with a worker and has responsibility for the undertaking and/or establishment;
  • Force majeure: situation where the events due to extraordinary and unforeseeable circumstances outside of the control of the employer, have consequences which could not have been avoided despite all the measures being taken.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 89/391/EEC

19.6.89

31.12.92

OJ 183, 29.6.89
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1882/2003

20.11.2003

–

OJ L 284, 31.10.2003

Directive 2007/30/EC

28.6.2007

31.12.2012

OJ L 165, 27.6.2007

Regulation (EC) No 1137/2008

22.10.2008

11.12.2008

OJ L 311, 21.11.2008

The successive amendments and corrections to Directive 89/391/EEC have been incorporated into the original text. This consolidated version  is of documentary value only.

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

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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

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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.

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.

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.

European system for registration of carriers of radioactive materials

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European system for registration of carriers of radioactive materials

Outline of the Community (European Union) legislation about European system for registration of carriers of radioactive materials

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Transport > Road transport

European system for registration of carriers of radioactive materials (Proposal)

Proposal

Proposal for a Council Regulation of 30 August 2011 establishing a Community system for registration of carriers of radioactive materials [COM(2011) 518 final – Not published in the Official Journal].

Summary

This Proposal for a Regulation aims at putting in place a European system for registration of carriers of radioactive materials *. Workers and the general public must be protected against the dangers arising from ionising radiation.

The Proposal concerns any carrier transporting radioactive materials within the European Union (EU), from third countries into the EU and from the EU into third countries. It does not concern carriers transporting radioactive materials by air or sea.

Registration of carriers

Carriers must register with the Electronic System for Carrier Registration (ESCReg). The system offers restricted and secure access to the competent authorities of the Member States, to the registered carriers and to the applicants, in accordance with the provisions of the Data Protection Directive.

If an applicant is established in one or more Member States, its application is processed by the competent authority * of the Member State where its head office is located. If the applicant is established in a third country, its application is processed by the competent authority of the Member State where the carrier intends to first enter EU territory.

Member States shall designate a competent authority and a national contact point for the transport of radioactive materials.

If the competent authority refuses to grant the carrier a certificate of registration, the applicant may lodge an appeal.

The certificate of registration is recognised by all Member States and is valid for a period of five years. It may be renewed.

Conditions of transport for radioactive materials

Once registered, the carrier is authorised to carry out transport operations throughout the EU. Carriers must have a copy of their registration certificate during such transport operations.

National reporting and authorisation requirements in addition to those of this Proposal for a Regulation may only apply for the following materials:

  • fissile materials;
  • high consequence radioactive materials.

However, holders of a licence or registration issued pursuant to the Directive on the dangers arising from ionising radiation may transport radioactive materials without registration if their transport is included in licences or registrations for all Member States where the transport takes place.

If carriers do not comply with the requirements of this Proposal for a Regulation, the authorities of the Member State where the offence is recorded may suspend, revoke or modify the carrier’s registration. The carrier may also be prosecuted.

Context

In 2008, the Council and the Parliament adopted the Directive on the transport of dangerous goods grouping together all modes of inland transport. Pursuant to Directive 96/29/Euratom, which lays down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionising radiation, Member States must put in place a system for the registration of companies and institutions processing radioactive materials, including carriers. Under this Proposal for a Regulation, registration will be centralised in order to facilitate transport within the EU.

Key terms of the Act
  • Radioactive material: any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the Regulation on shipments of radioactive substances.
  • Competent authority: any authority designated by the Member State to carry out tasks in accordance with this Regulation.

Reference

Proposal Official Journal Procedure

COM(2011) 518 final

–

2011/0225/NLE

Agenda for jobs and workers’ skills

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Agenda for jobs and workers’ skills

Outline of the Community (European Union) legislation about Agenda for jobs and workers’ skills

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Employment and social policy > European Strategy for Growth

Agenda for jobs and workers’ skills

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 23 November 2010 – An agenda for new skills and jobs: A European contribution towards full employment [COM(2010) 682 final – Not published in the Official Journal].

Summary

The Commission establishes a flagship initiative in the area of participation in labour markets and vocational skills. In the context of the Europe 2020 strategy this initiative contributes to the joint efforts of the Member States aimed at increasing by 75 % the employment rate of women and men for the 20-64 years age group by 2020.

It is essential to meet this target in order to ensure the sustainability of the welfare systems, economic growth and public finances of EU countries.

Improving the functioning of labour markets

The effective implementation of the common principles of flexicurity contributes to the proper functioning of labour markets and the reduction of structural unemployment. The principles of flexicurity must be strengthened in order to reduce divisions in labour markets and to support their transition.

To this end, this initiative favours:

  • a joint approach by EU institutions, Member States and social partners, to strengthen policy and establish principles of flexicurity;
  • the development of workers’ skills throughout their working life, in particular by means of adapted financing;
  • social partners’ participation at European level.

In addition, the Commission proposes to involve all stakeholders in order to monitor and manage flexicurity, particularly public and private employment and training services and civil society organisations.

Upgrading workers’ skills

Workers’ skills must be adapted to the changes in European society, particularly in the sectors of innovation, new technologies, the environment and health. Education and training systems must respond to these changes, cooperating with business and developing work-based learning.

In this context, the European Commission recommends a series of key actions:

  • creating an online skills Panorama, presenting changes in, and the needs of, the EU labour market;
  • establishing the European Skills, Competences and Occupations classification (ESCO);
  • reforming systems for the recognition of professional qualifications;
  • launching an Agenda for Integration of third country nationals, to valorise their skills and training;
  • encouraging geographical mobility, by improving the enforcement of the principle of free movement of workers in the EU.

These actions must be accompanied by an assessment of school curricula, the employability of students and the development of some professional sectors, as well as support for informal learning.

Improving the quality of work and working conditions

The quality of working conditions enables workers’ potential to be developed and business competitiveness to be enhanced.

The Commission therefore proposes to re-examine in particular:

  • European legislation on employment, health and social security, and information and consultation of workers;
  • the 2007-2012 health and safety strategy, so as to propose a follow-up strategy for the period 2013-2020.

The joint action taken by the Commission, Member States and social partners should support the fight against undeclared work and discrimination in the world of work.

Fostering job creation

National and European employment policies should take into account business needs. Such policies should be accompanied by measures to support entrepreneurship and the creation of innovative firms.

In order to create a job-friendly environment, the Commission proposes to adopt guiding principles to simplify administrative and legal procedures for hiring and firing, business creation and self-employment, to reduce non-wage labour costs, and combat informal or undeclared work.

Furthermore, measures should be adapted to support business creation and management, including small and medium-sized enterprises (SMEs) that represent 99 % of European firms.

Protection of employees in the event of the insolvency of their employer

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Protection of employees in the event of the insolvency of their employer

Outline of the Community (European Union) legislation about Protection of employees in the event of the insolvency of their employer

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 > Employment rights and work organisation

Protection of employees in the event of the insolvency of their employer

Document or Iniciative

Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Text with EEA relevance).

Summary

This Directive protects employees who have a claim for unpaid remuneration against an employer who is in a state of insolvency.

The state of insolvency follows a request made under judicial proceedings involving the partial or total divestment of the employer’s assets and the appointment of a liquidator, where the competent judicial authority has:

  • decided to open proceedings; or
  • established that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient.

Member States of the European Union (EU) may, by way of exception, exclude claims by certain categories of employee if other forms of guarantee offer them equivalent protection. Member States may exclude domestic servants employed by a natural person and share-fishermen from the protection afforded by the Directive.

However, apart from these exceptions, all employees may benefit from this Directive irrespective of the duration of the contract of employment or the employment relationship. It therefore applies to part-time employees, fixed-term contracts and temporary contracts.

Guarantee institutions

Member States shall establish guarantee institutions which guarantee payment of employees’ claims and, where appropriate, severance pay on termination of employment relationships. They may set ceilings on the payments made by the institution, which must be sufficiently high to contribute to the social objective of the Directive.

The minimum period of remuneration by the guarantee institution shall be calculated on the basis of:

  • a minimum reference period of six months, giving rise to the payment of claims for at least three months;
  • a reference period of at least eighteen months, giving rise to the payment of claims for at least eight weeks. In this case, those periods which are most favourable to the employee shall be used for the calculation.

Employers shall contribute to the financing of these institutions, unless it is fully covered by the public authorities.

Social security

Member States may stipulate that the payment guarantee does not apply to:

  • social security contributions;
  • contributions under supplementary company or inter-company pension schemes outside the statutory social security schemes.

Moreover, if the employer has not paid the compulsory social security contributions but they have been deducted from the remuneration paid, employees shall enjoy their full benefit entitlement in respect of the insurance institutions.

The interests of employees are protected in respect of old-age benefits, including survivors’ benefits, under supplementary pension schemes. This protection also applies to employees who left the business before the insolvency occurred.

Transnational situations

If the insolvent employer operated in the territories of at least two Member States, the authority responsible for meeting claims shall be the one in the country where the employee habitually worked.

Similarly, the extent of employees’ rights with respect to guarantee institutions shall be determined by the national law applying to the guarantee institution.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2008/94/EC

17.11.2008

17.11.2008

OJ L 283 of 28.10.2008

Related Acts

Report from the Commission to the European Parliament and the Council of 28 February 2011 on the implementation and application of certain provisions of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer [COM(2011) 84 final – Not published in the Official Journal].

The safety net for employees introduced by Directive 2008/94/EC has proved its efficacy and usefulness. Some 3.4 million workers benefited from the intervention of the guarantee institutions during the period from 2008 to 2011, particularly in view of the global economic crisis.

Organisation of working time in respect of road transport activities

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Organisation of working time in respect of road transport activities

Outline of the Community (European Union) legislation about Organisation of working time in respect of road transport activities

Topics

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

Transport > Road transport

Organisation of working time in respect of road transport activities

Document or Iniciative

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities.

Summary

The basic directive concerning certain aspects of the organisation of working time provides for the replacement of its general provisions with more specific requirements. This is the case for transport. For this particular sector, Regulation (EC) No 561/2006 lays down the maximum daily driving time and the minimum duration of the rest periods.

The Directive supplements the provisions of Regulation (EC) No 561/2006. Consequently, the provisions of this Regulation in regard to breaks, rest periods and driving periods continue to apply to the self-employed drivers * and to the mobile workers * concerned.

The Directive applies to all mobile workers performing road transport activities employed by undertakings established in a Member State as well as to self-employed drivers (from 23 March 2009). The provisions of this sectoral directive take precedence over the relevant provisions of the basic directive on the organisation of working time because it contains more specific provisions as regards workers.

The Directive establishes:

  • that the average weekly working time may not exceed 48 hours. It can be extended to 60 hours only if an average of 48 hours per week is not exceeded within a period of four months. For mobile workers, working time * is the sum of the working hours spent working for different employers. The mobile worker must inform the employer concerned in writing of working time performed for another employer;
  • an obligation to take a break after six hours of work in addition to the provisions on breaks in Regulation (EC) No 561/2006;
  • that daily working time may not exceed 10 hours for each period of 24 hours for night workers *;
  • that records are kept of the workers’ working time. Member States must take the measures necessary to ensure that the employer posts or displays in a place accessible to all workers a copy of this Directive and of the corresponding domestic law. The employer is required to record the working time of mobile workers and to keep these records for at least one year.

It is for the Member States to decide upon the penalties for infringement. These penalties must be effective, commensurate with the infringement and constitute a sufficient deterrent.

Every two years Member States must report to the Commission on the implementation of this directive indicating the viewpoints of the social partners. The Commission must produce a report every two years on the implementation of this Directive by Member States, which is then forwarded to the Council, the European Parliament and the Economic and Social Committee.

Background

On 15 July 1997 the Commission adopted a White Paper on sectors and activities excluded from the 1993 working time directive in which it proposed several approaches designed to protect the health and safety of workers in the sectors excluded from the basic Directive.

Following consultations with the social partners, the Commission concluded, in its Communication of 31 March 1998 that nothing justified treating “mobile” workers and “non-mobile workers” in a different way and that therefore the basic principles of the working time directive should apply to all workers.

Subsequently, the social partners tried unsuccessfully to negotiate an agreement concerning mobile workers in road transport activities. The Commission therefore presented a Proposal for a Directive laying down a number of more specific requirements relating to working time for road transport.

Key terms used in the act
  • Working time:
    • mobile workers: the time devoted to all road transport activities, (driving, loading and unloading, assisting passengers boarding and disembarking from the vehicle, cleaning and technical maintenance, and work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way). Also included are the times during which he cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work.
    • self-employed drivers: the time from the beginning to the end of work, during which the self employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation under way.
  • Mobile workers: any worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account;
  • Self-employed driver: anyone whose main occupation is to transport passengers or goods by road for hire or reward under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport; who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers.
  • Night time: a period of at least four hours, as defined by national law, between 00.00 hours and 07.00 hours.
  • Night work: any work performed during night time.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Directive 2002/15/EC [adoption: codecision COD/1998/319]

23.3.2002

23.3.2005

OJ L 80 of 23.3.2002

Related Acts

Proposal for a Directive of the European Parliament and of the Council of 15 October 2008 amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities [

COM(2008) 650

– Not published in the Official Journal].
The Proposal should amend Directive 2002/15/EC in order to clarify its scope and redefine some of its provisions.

The Proposal provides for the exclusion of the self-employed from the scope of the Directive, but also specifically aims to cover false self-employed drivers. From now on, ‘mobile worker’ shall also include any person who is not tied to an employer by an employment contract or by a hierarchical relationship, but:

  • who does not have the freedom to organise their working activities;
  • whose income does not depend directly on the profits made;
  • who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers.

In addition, the Proposal redefines night work, which should correspond to a period of work which includes at least two hours work performed during night time.

Member States should enhance cooperation with regard to enforcement of working time. In this context, they should also improve the exchange of information between national administrative authorities and promote dialogue with representatives from the transport sector.

Report from the Commission on the implementation in 2005-2006 of Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities (1st Report from the Commission on the implementation of the working time rules relating to road transport) [COM(2009) 415 final – Not published in the Official Journal].
The Report notes delays in transposing Directive 2002/15/EC on the part of most Member States. Data collected by the Member States will allow the impact of the Directive on compliance with social legislation to be assessed.

Report from Commission – Analysing the penalties for serious infringements against the social rules in road transport, as provided for in the legislation of Member States [COM(2009) 225 final – Not published in the Official Journal].
Most Member States have established penalties for infringements of Directive 2002/15. Penalties differ from State to State. They are however of several types:

  • fixed fines or day fines;
  • immobilisation of the vehicle;
  • criminal penalties in cases of repeated or recurrent infringements (withdrawal of a driving licence, imprisonment);
  • penalties for undertakings, including in cases of infringements committed on the territory of another Member State or third country.

In application of the principle of extra-territoriality, penalties for infringement may be imposed by the competent authorities of a Member State, even where the infringement has been committed on the territory of another Member Sate or of a third country. The penalty to be applied is that of the Member State which initiates proceedings.

Temporary and mobile work sites

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Temporary and mobile work sites

Outline of the Community (European Union) legislation about Temporary and mobile work sites

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

Temporary and mobile work sites

Document or Iniciative

Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile work sites (eighth individual Directive within the meaning of Article 16 of Directive 89/391/EEC).

Summary

The Directive applies to temporary or mobile work sites * in all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.).

The Directive does not apply to drilling and extraction in the extractive industries.

Appointment of coordinators – Safety and health plan – Prior notice

The client * or the project * supervisor shall appoint one or more coordinators for safety and health matters for any construction site on which more than one contractor is present. The coordinator shall ensure that prior to the setting up of a construction site a safety and health plan is drawn up.

In the case of construction sites on which work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or on which the volume of work is scheduled to exceed 500 person-days, the client or the project supervisor shall communicate a prior notice (drawn up in accordance with Annex III).

Preparation of the project

The client or project supervisor shall apply the general prevention principles of the Framework Directive 89/391/EEC on health and safety at work and the safety plan during the work site project preparation stage, architectural/organisational choices and during the different stages of work.

The coordinators shall coordinate implementation of the general principles of prevention, draw up a safety and health plan and prepare a file containing relevant safety and health information to be taken into account during any subsequent works.

Execution of the project

During the project execution stage, the coordinators on the site shall:

  • ensure that employers and self-employed persons apply the principles of prevention in respect of the situations described and follow the safety and health plan where this is required;
  • organise cooperation between employers in respect of safety and health matters;
  • coordinate arrangements to check that the working procedures are being implemented correctly;
  • take the steps necessary to ensure that only authorized person are allowed onto the construction site.

Responsibilities of clients, project supervisors and employers

Even where a coordinator has been appointed, this does not relieve the client or project supervisor of his responsibilities in respect of safety and health matters.

Obligations of employers

Employers shall be obliged to comply with the minimum safety and health requirements applicable to construction sites, as set out in Annex IV. These cover such aspects as energy distribution installations, emergency routes and exits, ventilation, temperature, traffic routes – danger areas, sanitary equipment, etc. They must also take into account directions from the coordinator for safety and health matters.

Obligations of self-employed persons

All self-employed persons * shall comply with the safety requirements, specifically concerning the use of work equipment and personal protection.

Provision of information to workers, worker consultation, worker participation

In accordance with Directive 89/391/EEC, workers and/or their representatives shall be informed of all the measures taken for their safety and health on the construction site. The information must be comprehensible to the workers concerned.

Workers and their representatives shall be consulted on matters covered by this Directive whenever necessary.

Key terms of the Act
  • Temporary or mobile construction sites: any construction site at which building or civil engineering works are carried out (a non-exhaustive list is given in Annex I);
  • Client: any natural or legal person for whom a project is carried out;
  • Project supervisor: any natural or legal person responsible for the design and/or execution and/or supervision of the execution of a project, acting on behalf of the client;
  • Self-employed person: any person other than the employee or employer, whose professional activity contributes to the completion of a project.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal

Directive 92/57/EEC

17.7.1992

31.12.1993

OJ L 245 of 26.8.1992.

Directive 2007/30/EC

28.6.2007

31.12.2012

OJ L 165 of 27.6.2997

Consolidated version

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 presented a report on the implementation of Directive 92/57/EEC in 15 European Union countries. In the majority of countries, legislation modernisation was necessary in order to comply with European Health and Safety requirements.

The Directive introduced several innovations, in particular:

  • the responsibility of all actors who have decision-making powers;
  • the coordination of health and safety protection measures from project conception to construction;
  • the requirement to draw up a health and safety plan.

The Commission emphasises that more and more European companies recognise the need for these rules, which enable construction to be more efficient and reduce worker absenteeism. However, some companies still consider that activities to prevent accidents and occupational diseases are an additional administrative burden. In addition, the Commission finds regrettable the low participation of workers in these activities and the lack of training, particularly in small and medium sized enterprises (SMEs).
The Commission and sector representatives shall draw up a guide to facilitate implementation of the new legislation.