- Legislatia Comunitatii Europene

Legislatia Comunitatii Europene

Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)

Official Journal L 263 , 24/09/1983 P. 0025 - 0032
Finnish special edition: Chapter 5 Volume 4 P. 0003
Spanish special edition: Chapter 05 Volume 4 P. 0014
Swedish special edition: Chapter 5 Volume 4 P. 0003
Portuguese special edition Chapter 05 Volume 4 P. 0014

*****

COUNCIL DIRECTIVE

of 19 September 1983

on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC)

(83/477/EEC)

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the Council resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work (4) provides for the establishment of specific harmonized procedures regarding the protection of workers with respect to asbestos;

Whereas Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work (5) laid down certain provisions which have to be taken into account for this protection; whereas that Directive provides for the laying down in individual Directives of limit values and specific requirements for those agents listed in Annex I, which include asbestos;

Whereas asbestos is a harmful agent found in a large number of circumstances at work; whereas many workers are therefore exposed to a potential health risk; whereas crocidolite is considered to be a particularly dangerous type of asbestos;

Whereas, although current scientific knowledge is not such that a level can be established below which risks to health cease to exist, a reduction in exposure to asbestos will nonetheless reduce the risk of developing asbestos-related disease; whereas this Directive includes minimum requirements which will be reviewed on the basis of experience acquired and of developments in technology in this area;

Whereas optical microscopy, although it does not allow a counting of the smallest fibres detrimental to health, is the most currently used method for the regular measuring of asbestos;

Whereas, therefore, preventive measures for the protection of the health of workers exposed to asbestos and the commitment envisaged for Member States with regard to the surveillance of their health are important,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. This Directive, which is the second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC, has as its aim the protection of workers against risks to their health, including the prevention of such risks, arising or likely to arise from exposure to asbestos at work. It lays down limit values and other specific requirements.

2. This Decision shall not apply to:

- sea transport,

- air transport.

3. This Directive shall not prejudice the right of Member States to apply or introduce laws, regulations or administrative provisions ensuring greater protection for workers, in particular as regards the replacement of asbestos by less-dangerous substitutes.

Article 2

For the purposes of this Directive, 'asbestos' means the following fibrous silicates:

- Actinolite, CAS No 77536-66-4 (*) (1),

- Asbestos gruenerite (amosite) CAS No 12172-73-5 (*) (1),

- Anthophyllite, CAS No 77536-67-5 (*) (1),

- Chrysotile, CAS No 12001-29-5 (1),

- Crocidolite, CAS No 12001-28-4 (1),

- Tremolite, CAS No 77536-68-6 (*) (1).

Article 3

1. This Directive shall apply to activities in which workers are or may be exposed in the course of their work to dust arising from asbestos or materials containing asbestos.

2. In the case of any activity likely to involve a risk of exposure to dust arising from asbestos or materials containing asbestos, this risk must be assessed in such a way as to determine the nature and degree of the workers' exposure to dust arising from asbestos or materials containing asbestos.

3. If the assessment referred to in paragraph 2 shows that the concentration of asbestos fibres in the air at the place of work in the absence of any individual protective equipment is, at the option of the Member States, at a level as measured or calculated in relation to an eight-hour reference period,

- lower than 0,25 fibre per cm3 and/or

- lower than a cumulative dose of 15,00 fibre-days per cm3 over three months,

Articles 4, 7, 13, 14 (2), 15 and 16 shall not apply.

4. The assessment provided for in paragraph 2 shall be the subject of consultation with the workers and/or their representatives within the undertaking or establishment and shall be revised where there is reason to believe that it is incorrect or there is a material change in the work.

Article 4

Subject to Article 3 (3), the following measures shall be taken:

1. The activities referred to in Article 3 (1) must be covered by a notification system administered by the responsible authority of the Member State.

2. The notification must be submitted by the employer to the responsible authority of the Member State, in accordance with national laws, regulations and administrative provisions. This notification must include at least a brief description of:

- the types and quantities of asbestos used,

- the activities and processes involved,

- the products manufactured.

3. Workers and/or their representatives in undertakings or establishments shall have access to the documents which are the subject of notification concerning their own undertaking or establishment in accordance with national laws.

4. Each time an important change occurs in the use of asbestos or of materials containing asbestos, a new notification must be submitted.

Article 5

The application of asbestos by means of the spraying process must be prohibited.

Article 6

For all activities referred to in Article 3 (1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work must be reduced to as low a level as is reasonably practicable and in any case below the limit values laid down in Article 8, in particular through the following measures if appropriate:

1. The quantity of asbestos used in each case must be limited to the minimum quantity which is reasonably practicable.

2. The number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos must be limited to the lowest possible figure.

3. Work processes must, in principle, be so designed as to avoid the release of asbestos dust into the air.

If this is not reasonably practicable, the dust should be eliminated as near as possible to the point where it is released.

4. All buildings and/or plant and equipment involved in the processing or treatment of asbestos must be capable of being regularly and effectively cleaned and maintained.

5. Asbestos as a raw material must be stored and transported in suitable sealed packing.

6. Waste must be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos. This measure shall not apply to mining activities.

The waste referred to in the preceding paragraph shall then be dealt with in accordance with Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (1).

Article 7

Subject to Article 3 (3), the following measures shall be taken:

1. In order to ensure compliance with the limit values laid down in Article 8, the measurement of asbestos in the air at the place of work shall be carried out in accordance with the reference method described in Annex I or any other method giving equivalent results. Such measurement must be planned and carried out regularly, with sampling being representative of the personal exposure of the worker to dust arising from asbestos or materials containing asbestos.

For the purposes of measuring asbestos in the air, as referred to in the preceding paragraph, only fibres with a length of more than five micrometres and a length/breadth ratio greater than 3: 1 shall be taken into consideration.

The Council, acting on a proposal from the Commission, and taking account in particular of progress made in scientific knowledge and technology and of experience gained in the application of this Directive, shall re-examine the provisions of the first sentence of paragraph 1 within five years following the adoption of this Directive, with a view to establishing a single method for measurement of asbestos-in-air concentrations at Community level.

2. Sampling shall be carried out after consulting the workers and/or their representatives in undertakings or establishments.

3. Sampling shall be carried out by suitably qualified personnel. The samples taken shall be subsequently analyzed in laboratories equipped to analyze them and qualified to apply the necessary identification techniques.

4. The amount of asbestos in the air shall be measured as a general rule at least every three months and, in any case, whenever a technical change is introduced. The frequency of measurements may, however, be reduced in the circumstances specified in paragraph 5.

5. The frequency of measurements may be reduced to once a year where:

- there is no substantial change in conditions at the place of work, and

- the results of the two preceding measurements have not exceeded half the limit values fixed in Article 8.

Where groups of workers are performing identical or similar tasks at the same place and are thus being exposed to the same health risk, sampling may be carried out on a group basis.

6. The duration of sampling must be such that representative exposure can be established for an eight-hour reference period (one shift) by means of measurements or time-weighted calculations. The duration of the various sampling processes shall be determined also on the basis of point 6 of Annex I.

Article 8

The following limit values shall be applied:

(a) concentration of asbestos fibres other than crocidolite in the air at the place of work:

1,00 fibres per cm3 measured or calculated in relation to an eight-hour reference period;

(b) concentration of crocidolite fibres in the air at the place of work:

0,50 fibres per cm3 measured or calculated in relation to an eight-hour reference period;

(c) concentration of asbestos fibres in the air at the place of work in the case of mixtures of crocidolite and other asbestos fibres:

the limit value is at a level calculated on the basis of the limit values laid down in (a) and (b), taking into account the proportions of crocidolite and other asbestos types in the mixture.

Article 9

The Council, acting on a proposal from the Commission, shall, taking into account, in particular, progress made in scientific knowledge and technology and in the light of experience gained in applying this Directive, review the provisions laid down in Article 3 (3) and in Article 8 before 1 January 1990.

Article 10

1. Where the limit values laid down in Article 8 are exceeded, the reasons for the limits being exceeded must be identified and appropriate measures to remedy the situation must be taken as soon as possible.

Work may not be continued in the affected area until adequate measures have been taken for the protection of the workers concerned.

2. In order to check the effectiveness of the measures mentioned in the first subparagraph of paragraph 1, a further determination of the asbestos-in-air concentrations shall be carried out immediately.

3. Where exposure cannot reasonably be reduced by other means and where the wearing of individual respiratory protective equipment proves necessary, this may not be permanent and shall be kept to the strict minimum necessary for each worker.

Article 11

1. In the case of certain activities in respect of which it is foreseeable that the limit values laid down in Article 8 will be exceeded and in respect of which technical preventive measures for limiting asbestos-in-air concentrations are not reasonably practicable, the employer shall determine the measures intended to ensure protection of the workers while they are engaged in such activities, in particular the following:

(a) workers shall be issued with suitable respiratory equipment and other personal protective equipment, which must be worn; and

(b) warning signs shall be put up indicating that it is foreseeable that the limit values laid down in Article 8 will be exceeded.

2. The workers and/or their representatives in the undertaking or establishment shall be consulted on these measures before the activities concerned are carried out.

Article 12

1. A plan of work shall be drawn up before demolition work or work on removing asbestos and/or asbestos-containing products from buildings, structures, plant or installations or from ships is started.

2. The plan referred to in paragraph 1 must prescribe the measures necessary to ensure the safety and health of workers at the place of work.

The plan must in particular specify that:

- as far as is reasonably practicable, asbestos and/or asbestos-containing products are removed before demolition techniques are applied,

- the personal protective equipment referred to in Article 11 (1) (a) is provided, where necessary.

Article 13

1. In the case of all activities referred to in Article 3 (1), and subject to Article 3 (3), appropriate measures shall be taken to ensure that:

(a) the places in which the above activities take place shall:

(i) be clearly demarcated and indicated by warning signs;

(ii) not be accessible to workers other than those who by reason of their work or duties are required to enter them;

(iii) constitute areas where there should be no smoking;

(b) areas are set aside where workers can eat and drink without risking contamination by asbestos dust;

(ii) this working or protective clothing remains within the undertaking. It may, however, be laundered in establishments outside the undertaking which are equipped for this sort of work if the undertaking does not carry out the cleaning itself; in that event the clothing shall be transported in closed containers;

(iii) separate storage places are provided for working or protective clothing and for street clothes;

(iv) workers are provided with appropriate and adequate washing and toilet facilities, including showers in the case of dusty operations;

(v) protective equipment shall be placed in a well-defined place and shall be checked and cleaned after each use; appropriate measures shall be taken to repair or replace defective equipment before further use.

2. Workers may not be charged with the cost of measures taken pursuant to paragraph 1. Article 14

1. In the case of all activities referred to in Article 3 (1), appropriate measures shall be taken to ensure that workers and their representatives in the undertaking or establishment receive adequate information concerning:

- the potential risks to health from exposure to dust arising from asbestos or materials containing asbestos,

- the existence of statutory limit values and the need for the atmosphere to be monitored,

- hygiene requirements, including the need to refrain from smoking,

- the precautions to be taken as regards the wearing and use of protective equipment and clothing,

- special precautions designed to minimize exposure to asbestos.

2. In addition to the measures referred to in paragraph 1, and subject to Article 3 (3), appropriate measures shall be taken to ensure that:

(a) workers and/or their representatives in the undertaking or establishment have access to the results of asbestos-in-air concentration measurements and can be given explanations of the significance of those results;

(b) if the results exceed the limit values laid down in Article 8 the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the fact and the reason for it and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken.

Article 15

Subject to Article 3 (3) the following measures shall be taken:

1. An assessment of each worker's state of health must be available prior to the beginning of exposure to dust arising from asbestos or materials containing asbestos at the place of work.

This assessment must include a specific examination of the chest. Annex II gives practical recommendations to which the Member States may refer for the clinical surveillance of workers; these recommendations shall be adapted to technical progress in accordance with the procedure set out in Article 10 of Directive 80/1107/EEC.

A new assessment must be available at least once every three years for as long as exposure continues.

An individual health record shall be established in accordance with national laws and practices for each worker referred to in the first subparagraph.

2. Following the clinical surveillance referred to in point 1, the doctor or authority responsible for the medical surveillance of the workers should, in accordance with national laws, advise on or determine any individual protective or preventive measures to be taken; these may include, where appropriate, the withdrawal of the worker concerned from all exposure to asbestos.

3. Information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure.

4. The worker concerned or the employer may request a review of the assessments referred to in point 2, in accordance with national laws.

Article 16

Subject to Article 3 (3) the following measures shall be taken:

1. The employer must enter the workers responsible for carrying out the activities referred to in Article 3 (1) in a register, indicating the nature and duration of the activity and the exposure to which they have been subjected. The doctor and/or the authority responsible for medical surveillance shall have access to this register. Each worker shall have access to the results in the register which relate to him personally. The workers and/or their representatives shall have access to anonymous, collective information in the register.

2. The register referred to in point 1 and the medical records referred to in point 1 of Article 15 shall be kept for at least 30 years following the end of exposure, in accordance with national laws.

Article 17

Member States shall keep a register of recognized cases of asbestosis and

Article 18

1. Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1987. They shall forthwith inform the Commission thereof. The date 1 January 1987 is, however, postponed until 1 January 1990 in the case of asbestos-mining activities. 2. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.

Article 19

This Directive is addressed to the Member States.

Done at Brussels, 19 September 1983.

For the Council

The President

G. VARFIS

(1) OJ No C 262, 9. 10. 1980, p. 7 and OJ No C 301, 18. 11. 1982, p. 6.

(2) OJ No C 310, 30. 11. 1981, p. 43.

(3) OJ No C 125, 17. 5. 1982, p. 155.

(4) OJ No C 165, 11. 7. 1978, p. 1.

(5) OJ No L 327, 3. 12. 1980, p. 8.

(1) Number in the register of the Chemical Abstract Service (CAS).

(1) OJ No L 84, 31. 3. 1978, p. 43.

ANNEX I

Reference method referred to in Article 7 (1) for the measurement of asbestos in air at the place of work

1. Samples shall be taken within the individual worker's breathing zone: i.e. within a hemisphere of 300 mm radius extending in front of the face and measured from the mid-point of a line joining the ears.

2. Membrane filters (mixed esters of cellulose or cellulose nitrate) of pore size 0,8 to 1,2 micrometres with printed squares and a diameter of 25 mm shall be used.

3. An open-faced filter holder fitted with a cylindrical cowl extending between 33 and 44 mm in front of the filter exposing a circular area of at least 20 mm in diameter shall be used. In use, the cowl shall point downwards.

4. A portable battery-operated pump carried on the worker's belt or in a pocket shall be used. The flow shall be smooth and the rate initially set at 1,0 litres per minute ± 5 %. The flow rate shall be maintained within ± 10 % of the initial rate during the sampling period.

5. The sampling time shall be measured to within a tolerance of 2 %.

6. The optimal fibre-loading on filters shall be within the range 100 to 400 fibres/mm2.

7. In order of preference, the whole filter, or a section of the filter, shall be placed on a microscope slide, made transparent using the acetone-triacetin method, and covered with a glass coverslip.

8. A binocular microscope shall be used for counting and shall have the following features:

- Koehler illumination,

- its substage assembly shall incorporate an Abbe or achromatic phase-contrast condenser in a centring focusing mount. The phase-contrast centring adjustment shall be independent of the condenser centring mechanism,

- a 40 times bar-focal positive phase-contrast achromatic objective with a numerical aperture of 0,65 to 0,70 and phase ring absorption within the range 65 to 85 %,

- 12,5 times compensating eyepieces; at least one eyepiece must permit the insertion of a graticule and be of the focusing type,

- a Walton-Beckett circular eyepiece graticule with an apparent diameter in the object plane of 100 micrometres ± 2 micrometres, when using the specified objective and eyepiece, checked against a stage micrometer.

9. The microscope shall be set up according to the manufacturer's instructions, and the detection limit checked using a 'phase-contrast test slide'. Up to code 5 on the AIA test slides or up to block 5 on the HSE/NPL mark 2 test slide must be visible when used in the way specified by the manufacturer. This procedure shall be carried out at the beginning of the day of use.

10. Samples shall be counted in accordance with the following rules:

- a countable fibre is any fibre referred to in the second subparagraph of point 1 of Article 7 which does not touch a particle with a maximum diameter greater than three micrometers,

- any countable fibre with both ends within the graticule area shall be counted as one fibre; any fibre with only one end within the area shall count as half,

- graticule areas for counting shall be chosen at random within the exposed area of the filter,

- an agglomerate of fibres which at one or more points on its length appears solid and undivided but at other points is divided into separate strands (a split fibre) is counted as a single fibre if it conforms with the description in the second subparagraph of point 1 of Article 7 and indent 1 of this paragraph, the diameter measured being that of the undivided part, not that of the split part, - in any other agglomerate of fibres in which individual fibres touch or cross each other (a bundle), the fibres shall be counted individually if they can be distinguished sufficiently to determine that they conform with the description in the second subparagraph of point 1 of Article 7 and indent 1 of this paragraph. If no individual fibres meeting the definition can be distinguished, the bundle is considered to be a countable fibre if, taken as a whole, it conforms with the description in the second subparagraph of point 1 of Article 7 and indent 1 of this paragraph,

- if more than one-eighth of a graticule area is covered by an agglomerate of fibres and/or particles, the graticule area must be rejected and another counted,

- 100 fibres shall be counted, which will enable a minimum of 20 graticule areas to be examined, or 100 graticule ares shall be examined.

11. The mean number of fibres per graticule is calculated by dividing the number of fibres counted by the number of graticule areas examined. The effect on the count of marks on the filter and contamination shall be kept below three fibres/100 graticule areas and shall be assessed using blank filters.

Concentration in air = (number per graticule area × exposed area of filter) / (graticule area × volume of air collected).

ANNEX II

Practical recommendations for the clinical assessment of workers, as referred to in Article 15 (1)

1. Current knowledge indicates that exposure to free asbestos fibres can give rise to the following diseases:

- asbestosis,

- mesothelioma,

- bronchial carcinoma,

- gastro-intestinal carcinoma.

2. The doctor and/or authority responsible for the medical surveillance of workers exposed to asbestos must be familiar with the exposure conditions or circumstances of each worker.

3. Clinical surveillance of workers should be carried out in accordance with the principles and practices of occupational medicine; it should include at least the following measures:

- keeping records of a worker's medical and occupational history,

- a personal interview,

- a clinical examination of the chest,

- a respiratory function examination.

Further examinations, including a standard format radiograph of the chest and laboratory tests such as a sputum cytology test, are desirable. These examinations should be decided upon for each worker when he is the subject of medical surveillance, in the light of the most recent knowledge available to occupational medicine.

Council Directive 89/654/EEC

Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Official Journal L 393 , 30/12/1989 P. 0001 - 0012
Finnish special edition: Chapter 5 Volume 4 P. 0170
Swedish special edition: Chapter 5 Volume 4 P. 0170

COUNCIL DIRECTIVE of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (89/654/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 118 a thereof,

Having regard to the proposal from the Commission (1), submitted after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work,

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas Article 118 a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health of workers;

Whereas, under the terms of that Article, those directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings;

Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work (4) provides for the adoption of a directive designed to guarantee the safety and health of workers at the workplace;

Whereas, in its resolution of 21 December 1987 on safety, hygiene and health at work (5), the Council took note of the Commission's intention of submitting to the Council in the near future minimum requirements concerning the arrangement of the place of work;

Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health at work is essential to ensure the safety and health of workers;

Whereas this Directive is an individual directive within the meaning of Article 16 (1) of 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 (6); whereas the provisions of the latter are therefore fully applicable to the workplace without prejudice to more stringent and/or specific provisions contained in the present Directive;

Whereas this Directive is a practical contribution towards creating the social dimension of the internal market;

Whereas, pursuant to Decision 74/325/EEC (7), as last amended by the 1985 Act of Accession, the Advisory

Committee on Safety, Hygiene and Health Protection at Work is consulted by the Commission on the drafting of proposals in this field,

HAS ADOPTED THIS DIRECTIVE:

SECTION I

GENERAL PROVISIONS

Article 1

Subject

1. This Directive, which is the first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for safety and health at the workplace, as defined in Article 2.

2. This Directive shall not apply to:

(a) means of transport used outside the undertaking and/or the establishment, or workplaces inside means of transport;

(b) temporary or mobile work sites;

(d) fishing boats;

(e) fields, woods and other land forming part of an agricultural or forestry undertaking but situated away from the undertaking's buildings.

3. The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to in paragraph 1, without prejudice to more restrictive and/or specific provisions contained in this Directive.

Article 2

Definition

For the purposes of this Directive, 'workplace' means the place intended to house workstations on the premises of the undertaking and/or establishment and any other place within the area of the undertaking and/or establishment to which the worker has access in the course of his employment.

SECTION II

EMPLOYERS' OBLIGATIONS

Article 3

Workplaces used for the first time

Workplaces used for the first time after 31 December 1992 must satisfy the minimum safety and health requirements laid down in Annex I.

Article 4

Workplaces already in use

Workplaces already in use before 1 January 1993 must satisfy the minimum safety and health requirements laid down in Annex II at the latest three years after that date.

However, as regards the Portuguese Republic, workplaces used before 1 January 1993 must satisfy, at the latest four years after that date, the minimum safety and health requirements appearing in Annex II.

Article 5

Modifications to workplaces

When workplaces undergo modifications, extensions and/or conversions after 31 December 1992, the employer shall take the measures necessary to ensure that those modifications, extensions and/or conversions are in compliance with the corresponding minimum requirements laid down in Annex I.

Article 6

General requirements

To safeguard the safety and health of workers, the employer shall see to it that:

- traffic routes to emergency exits and the exits themselves are kept clear at all times,

- technical maintenance of the workplace and of the equipment and devices, and in particular those referred to in Annexes I and II, is carried out and any faults found which are liable to affect the safety and health of workers are rectified as quickly as possible,

- the workplace and the equipment and devices, and in particular those referred to in Annex I, point 6, and Annex II, point 6, are regularly cleaned to an adequate level of hygiene,

- safety equipment and devices intended to prevent or eliminate hazards, and in particular those referred to in Annexes I and II, are regularly maintained and checked.

Article 7

Information of workers

Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken concerning safety and health at the workplace.

Article 8

Consultation of workers and workers' participation

Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on the matters covered by this Directive, including the Annexes thereto.

SECTION III

MISCELLANEOUS PROVISIONS

Article 9

Amendments to the Annexes

Strictly technical amendments to the Annexes as a result of:

- the adoption of Directives on technical harmonization and standardization of the design, manufacture or construction of parts of workplaces, and/or

- technical progress, changes in international regulations or specifications and knowledge with regard to workplaces,

shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.

Article 10

Final provisions

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to

comply with this Directive by 31 December 1992. They shall forthwith inform the Commission thereof.

However, the date applicable for the Hellenic Republic shall be 31 December 1994.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field governed by this Directive.

3. Member States shall report to the Commission every five years on the practical implementation of the provisions of this Directive, indicating the points of view of employers and workers.

The Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Council on Safety, Hygiene and Health Protection at Work.

4. The Commission shall submit periodically to the European Parliament, the Council and the Economic and Social Committee a report on the implementation of this Directive, taking into account paragraphs 1 to 3.

Article 11

This Directive is addressed to the Member States.

Done at Brussels, 30 November 1989.

For the Council

The President

J. P. SOISSON

(1) OJ No C 141, 30. 5. 1988, p. 6,

OJ No C 115, 8. 5. 1989, p. 34 and

OJ No C 284, 10. 11. 1989, p. 8

(2) OJ No C 326, 19. 12. 1988, p. 123 and

OJ No C 256, 9. 10. 1988, p. 51.

(3) OJ No C 175, 4. 7. 1988, p. 28.

(4) OJ No C 28, 3. 2. 1988, p. 3.

(5) OJ No C 28, 3. 2. 1988, p. 1.

(6) OJ No L 183, 29. 6. 1989, p. 1.

(7) OJ No L 185, 9. 7. 1974, p. 15. (8) OJ No L 229, 7. 9. 1977, p. 12.

ANNEX I

MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR WORKPLACES USED FOR THE FIRST TIME, AS REFERRED TO IN ARTICLE 3 OF THE DIRECTIVE 1.

Preliminary note

The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the circumstances or a hazard.

Stability and solidity

Buildings which house workplaces must have a structure and solidity appropriate to the nature of their use.

Electrical installations

Electrical installations must be designed and constructed so as not to present a fire or explosion hazard; persons must be adequately protected against the risk of accidents caused by direct or indirect contact.

The design, construction and choice of material and protection devices must be appropriate to the voltage, external conditions and the competence of persons with access to parts of the installation.

Emergency routes and exits

4.1.

Emergency routes and exits must remain clear and lead as directly as possible to the open air or to a safe area.

4.2.

In the event of danger, it must be possible for workers to evacuate all workstations quickly and as safely as possible.

4.3.

The number, distribution and dimensions of the emergency routes and exits depend on the use, equipment and dimensions of the workplaces and the maximum number of persons that may be present.

4.4.

Emergency doors must open outwards.

Sliding or revolving doors are not permitted if they are specifically intended as emergency exits.

Emergency doors should not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency.

4.5.

Specific emergency routes and exits must be indicated by signs in accordance with the national regulations transposing Directive 77/576/EEC (8) into law.

Such signs must be placed at appropriate points and be made to last.

4.6.

Emergency doors must not be locked.

The emergency routes and exits, and the traffic routes and doors giving access to them, must be free from obstruction so that they can be used at any time without hindrance.

4.7.

Emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails.

Fire detection and fire fighting

5.1.

Depending on the dimensions and use of the buildings, the equipment they contain, the physical and chemical properties of the substances present and the maximum potential number of people present, workplaces must be equipped with appropriate fire-fighting equipment and, as necessary, with fire detectors and alarm systems.

5.2.

Non-automatic fire-fighting equipment must be easily accessible and simple to use.

The equipment must be indicated by signs in accordance with the national regulations transposing Directive 77/576/EEC into law.

Such signs must be placed at appropriate points and be made to last.

Ventilation of enclosed workplaces

6.1.

Steps shall be taken to see to it that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers.

If a forced ventilation system is used, it shall be maintained in working order.

Any breakdown must be indicated by a control system where this is necessary for workers' health.

6.2.

If air-conditioning or mechanical ventilation installations are used, they must operate in such a way that workers are not exposed to draughts which cause discomfort.

Any deposit or dirt likely to create an immediate danger to the health of workers by polluting the atmosphere must be removed without delay.

Room temperature

7.1.

During working hours, the temperature in rooms containing workplaces must be adequate for human beings, having regard to the working methods being used and the physical demands placed on the workers.

7.2.

The temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first aid rooms must be appropriate to the particular purpose of such areas.

7.3.

Windows, skylights and glass partitions should allow excessive effects of sunlight in workplaces to be avoided, having regard to the nature of the work and of the workplace.

Natural and artificial room lighting

8.1.

Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting adequate for the protection of workers' safety and health.

8.2.

Lighting installations in rooms containing workplaces and in passageways must be placed in such a way that there is no risk of accident to workers as a result of the type of lighting fitted.

8.3.

Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity.

Floors, walls, ceilings and roofs of rooms

9.1.

The floors of workplaces must have no dangerous bumps, holes or slopes and must be fixed, stable and not slippery.

Workplaces containing workstations must be adequately insulated, bearing in mind the type of undertaking involved and the physical activity of the workers.

9.2.

The surfaces of floors, walls and ceilings in rooms must be such that they can be cleaned or refurbished to an appropriate standard of hygiene.

9.3.

Transparent or translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workplaces and traffic routes must be clearly indicated and made of safety material or be shielded from such places or traffic routes to prevent workers from coming into contact with walls or being injured should the walls shatter.

9.4.

Access to roofs made of materials of insufficient strength must not be permitted unless equipment is provided to ensure that the work can be carried out in a safe manner.

10.

Windows and skylights

10.1.

It must be possible for workers to open, close, adjust or secure windows, skylights and ventilators in a safe manner. When open, they must not be positioned so as to constitute a hazard to workers.

10.2.

Windows and skylights must be designed in conjunction with equipment or otherwise fitted with devices allowing them to be cleaned without risk to the workers carrying out this work or to workers present in and around the building.

11.

Doors and gates

11.1.

The position, number and dimensions of doors and gates, and the materials used in their construction, are determined by the nature and use of the rooms or areas.

11.2.

Transparent doors must be appropriately marked at a conspicuous level.

11.3.

Swing doors and gates must be transparent or have see-through panels.

11.4.

If transparent or translucent surfaces in doors and gates are not made of safety material and if there is a danger that workers may be injured if a door or gate should shatter, the surfaces must be protected against breakage.

11.5.

Sliding doors must be fitted with a safety device to prevent them from being derailed and falling over.

11.6.

Doors and gates opening upwards must be fitted with a mechanism to secure them against falling back.

11.7.

Doors along escape routes must be appropriately marked.

It must be possible to open them from the inside at any time without special assistance.

It must be possible to open the doors when the workplaces are occupied.

11.8.

Doors for pedestrians must be provided in the immediate vicinity of any gates intended essentially for vehicle traffic, unless it is safe for pedestrians to pass through; such doors must be clearly marked and left permanently unobstructed.

11.9.

Mechanical doors and gates must function in such a way that there is no risk of accident to workers.

They must be fitted with easily identifiable and accessible emergency shut-down devices and, unless they open automatically in the event of a power failure, it must also be possible to open them manually.

12.

Traffic routes - danger areas

12.1.

Traffic routes, including stairs, fixed ladders and loading bays and ramps, must be located and dimensioned to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way as not to endanger workers employed in the vicinity of these traffic routes.

12.2.

Routes used for pedestrian traffic and/or goods traffic must be dimensioned in accordance with the number of potential users and the type of undertaking.

If means of transport are used on traffic routes, a sufficient safety clearance must be provided for pedestrians.

12.3.

Sufficient clearance must be allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases.

12.4.

Where the use and equipment of rooms so requires for the protection of workers, traffic routes must be clearly identified.

12.5.

If the workplaces contain danger areas in which, owing to the nature of the work, there is a risk of the worker or objects falling, the places must be equipped, as far as possible, with devices preventing unauthorized workers from entering those areas.

Appropriate measures must be taken to protect workers authorized to enter danger areas.

Danger areas must be clearly indicated.

13.

Specific measures for escalators and travelators

Escalators and travelators must function safely.

They must be equipped with any necessary safety devices.

They must be fitted with easily identifiable and accessible emergency shut-down devices.

14.

Loading bays and ramps

14.1.

Loading bays and ramps must be suitable for the dimensions of the loads to be transported.

14.2.

Loading bays must have at least one exit point.

Where technically feasible, bays over a certain length must have an exit point at each end.

14.3.

Loading ramps must as far as possible be safe enough to prevent workers from falling off.

15.

Room dimensions and air space in rooms - freedom of movement at the workstation

15.1.

Workrooms must have sufficient surface area, height and air space to allow workers to perform their work without risk to their safety, health or well-being.

15.2.

The dimensions of the free unoccupied area at the workstation must be calculated to allow workers sufficient freedom of movement to perform their work.

If this is not possible for reasons specific to the workplace, the worker must be provided with sufficient freedom of movement near his workstation.

16.

Rest rooms

16.1.

Where the safety or health of workers, in particular because of the type of activity carried out or the presence of more than a certain number of employees, so require, workers must be provided with an easily accessible rest room.

This provision does not apply if the workers are employed in offices or similar workrooms providing equivalent relaxation during breaks.

16.2.

Rest rooms must be large enough and equipped with an adequate number of tables and seats with backs for the number of workers.

16.3.

In rest rooms appropriate measures must be introduced for the protection of non-smokers against discomfort caused by tobacco smoke.

16.4.

If working hours are regularly and frequently interrupted and there is no rest room, other rooms must be provided in which workers can stay during such interruptions, wherever this is required for the safety or health of workers.

Appropriate measures should be taken for the protection of non-smokers against discomfort caused by tobacco smoke.

17.

Pregnant women and nursing mothers

Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.

18.

Sanitary equipment

18.1.

Changing rooms and lockers

18.1.1.

Appropriate changing rooms must be provided for workers if they have to wear special work clothes and where, for reasons of health or propriety, they cannot be expected to change in another room.

Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating.

18.1.2.

Changing rooms must be sufficiently large and have facilities to enable each worker to lock away his clothes during working hours.

If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes must be separate from those for ordinary clothes.

18.1.3.

Provision must be made for separate changing rooms or separate use of changing rooms for men and women.

18.1.4.

If changing rooms are not required under 18.1.1, each worker must be provided with a place to store his clothes.

18.2.

Showers and washbasins

18.2.1.

Adequate and suitable showers must be provided for workers if required by the nature of the work or for health reasons.

Provision must be made for separate shower rooms or separate use of shower rooms for men and women.

18.2.2.

The shower rooms must be sufficiently large to permit each worker to wash without hindrance in conditions of an appropriate standard of hygiene.

The showers must be equipped with hot and cold running water.

18.2.3.

Where showers are not required under the first subparagraph of 18.2.1, adequate and suitable washbasins with running water (hot water if necessary) must be provided in the vicinity of the workstations and the changing rooms.

Such washbasins must be separate for, or used separately by, men and women when so required for reasons of propriety.

18.2.4.

Where the rooms housing the showers or washbasins are separate from the changing rooms, there must be easy communication between the two.

18.3.

Lavatories and washbasins

Separate facilities must be provided in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers or washbasins, with an adequate number of lavatories and washbasins.

Provision must be made for separate lavatories or separate use of lavatories for men and women.

19.

First aid rooms

19.1.

One or more first aid rooms must be provided where the size of the premises, type of activity being carried out and frequency of accidents so dictate.

19.2.

First aid rooms must be fitted with essential first aid installations and equipment and be easily accessible to stretchers.

They must be signposted in accordance with the national regulations transposing Directive 77/576/EEC into law.

19.3.

In addition, first aid equipment must be available in all places where working conditions require it.

This equipment must be suitably marked and easily accessible.

20.

Handicapped workers

Workplaces must be organized to take account of handicapped workers, if necessary.

This provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and workstations used or occupied directly by handicapped persons.

21.

Outdoor workplaces (special provisions)

21.1.

Workstations, traffic routes and other areas or installations outdoors which are used or occupied by the workers in the course of their activity must be organized in such a way that pedestrians and vehicles can circulate safely.

Sections 12, 13 and 14 also apply to main traffic routes on the site of the undertaking (traffic routes leading to fixed workstations), to traffic routes used for the regular maintenance and supervision of the undertaking's installations and to loading bays.

Section 12 is also applicable to outdoor workplaces.

21.2.

Workplaces outdoors must be adequately lit by artificial lighting if daylight is not adequate.

21.3.

When workers are employed at workstations outdoors, such workstations must as far as possible be arranged so that workers:

(a) are protected against inclement weather conditions and if necessary against falling objects;

(b) are not exposed to harmful noise levels nor to harmful external influences such as gases, vapours or dust;

(d) cannot slip or fall.

ANNEX II

MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR WORKPLACES ALREADY IN USE, AS REFERRED TO IN ARTICLE 4 OF THE DIRECTIVE 1.

Preliminary note

The obligations laid down in this Annex apply wherever required by the features of the workplace, the activity, the circumstances or a hazard.

Stability and solidity

Buildings which have workplaces must have a structure and solidity appropriate to the nature of their use.

Electrical installations

Electrical installations and protection devices must be appropriate to the voltage, external conditions and the competence of persons with access to parts of the installation.

Emergency routes and exits

4.1.

Emergency routes and exits must remain clear and lead as directly as possible to the open air or to a safe area.

4.2.

In the event of danger, it must be possible for workers to evacuate all workstations quickly and as safely as possible.

4.3.

There must be an adequate number of escape routes and emergency exits.

4.4.

Emergency exit doors must open outwards.

Sliding or revolving doors are not permitted if they are specifically intended as emergency exits.

Emergency doors should not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency.

4.5.

Specific emergency routes and exits must be indicated by signs in accordance with the national regulations transposing Directive 77/576/EEC into law.

Such signs must be placed at appropriate points and be made to last.

4.6.

Emergency doors must not be locked.

The emergency routes and exits, and the traffic routes and doors giving access to them, must be free from obstruction so that they can be used at any time without hindrance.

4.7.

Emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails.

Fire detection and fire fighting

5.1.

Depending on the dimensions and use of the buildings, the equipment they contain, the physical and chemical characteristics of the substances present and the maximum potential number of people present, workplaces must be equipped with appropriate fire-fighting equipment, and, as necessary, fire detectors and an alarm system.

5.2.

Non-automatic fire-fighting equipment must be easily accessible and simple to use.

It must be indicated by signs in accordance with the national regulations transposing Directive 77/576/EEC into law.

Such signs must be placed at appropriate points and be made to last.

Ventilation of enclosed workplaces

Steps shall be taken to see to it that there is sufficient fresh air in enclosed workplaces, having regard to the working methods used and the physical demands placed on the workers.

If a forced ventilation system is used, it shall be maintained in working order.

Any breakdown must be indicated by a control system where this is necessary for the workers' health.

Room temperature

7.1.

During working hours, the temperature in rooms containing workplaces must be adequate for human beings, having regard to the working methods being used and the physical demands placed on the workers.

7.2.

The temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first aid rooms must be appropriate to the particular purpose of such areas.

Natural and artificial room lighting

8.1.

Workplaces must as far as possible receive sufficient natural light and be equipped with artificial lighting adequate for workers' safety and health.

8.2.

Workplaces in which workers are especially exposed to risks in the event of failure of artificial lighting must be provided with emergency lighting of adequate intensity.

Doors and gates

9.1.

Transparent doors must be appropriately marked at a conspicuous level.

9.2.

Swing doors and gates must be transparent or have see-through panels.

10.

Danger areas

Appropriate measures must be taken to protect workers authorized to enter danger areas.

Danger areas must be clearly indicated.

11.

Rest rooms and rest areas

11.1.

This provision does not apply if the workers are employed in offices or similar workrooms providing equivalent relaxation during breaks.

11.2.

Rest rooms and rest areas must be equipped with tables and seats with backs.

11.3.

In rest rooms and rest areas appropriate measures must be introduced for the protection of non-smokers against discomfort caused by tobacco smoke.

12.

Pregnant women and nursing mothers

Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.

13.

Sanitary equipment

13.1.

Changing rooms and lockers

13.1.1.

Appropriate changing rooms must be provided for workers if they have to wear special work clothes and where, for reasons of health or propriety, they cannot be expected to change in another room.

Changing rooms must be easily accessible and of sufficient capacity.

13.1.2.

Changing rooms must have facilities to enable each worker to lock away his clothes during working hours.

If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes must be separate from those for ordinary clothes.

13.1.3.

Provision must be made for separate changing rooms or separate use of changing rooms for men and women.

13.2.

Showers, lavatories and washbasins

13.2.1.

Workplaces must be fitted out in such a way that workers have in the vicinity:

- showers, if required by the nature of their work,

- special facilities equipped with an adequate number of lavatories and washbasins.

13.2.2.

The showers and washbasins must be equipped with running water (hot water if necessary).

13.2.3.

Provision must be made for separate showers or separate use of showers for men and women.

Provision must be made for separate lavatories or separate use of lavatories for men and women.

14.

First aid equipment

Workplaces must be fitted with first aid equipment.

The equipment must be suitably marked and easily accessible.

15.

Handicapped workers

Workplaces must be organized to take account of handicapped workers, if necessary.

This provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and workstations used or occupied directly by handicapped persons.

16.

Movement of pedestrians and vehicles

Outdoor and indoor workplaces must be organized in such a way that pedestrians and vehicles can circulate in a safe manner.

17.

Outdoor workplaces (special provisions)

When workers are employed at workstations outdoors, such workstations must as far as possible be organized so that workers:

(a) are protected against inclement weather conditions and if necessay against falling objects;

(b) are not exposed to harmful noise levels nor to harmful external influences such as gases, vapours or dust;

(d) cannot slip or fall.