30.12.1989 EN Official Journal of the European Communities L 393/1 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; (c) extractive industries; (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 C141, 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. 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. 2. Stability and solidity Buildings which house workplaces must have a structure and solidity appropriate to the nature of their use. 3. 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. 4. 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 (1) 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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; (c) are able to leave their workstations swiftly in the event of danger or are able to be rapidly assisted; (d) cannot slip or fall. (1) OJ No L 229, 7. 9, 1977, p. 12. 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. 2. Stability and solidity Buildings which have workplaces must have a structure and solidity appropriate to the nature of their use. 3. 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. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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 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. 11. Rest rooms and rest areas 11.1. 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 or appropriate rest area. 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; (c) are able to leave their workstations swiftly in the event of danger or are able to be rapidly assisted; (d) cannot slip or fall.

Summary: Health and safety of workers: conditions applicable to the workplace Health and safety of workers: conditions applicable to the workplace SUMMARY OF: Directive 89/654/EEC — minimum safety and health requirements for the workplace WHAT IS THE AIM OF THE DIRECTIVE? It lays down minimum requirements aimed at protecting the health and safety of workers at their workplace*. It supplements the general provisions of Directive 89/391/EEC on matters of health and safety at work. KEY POINTS The directive does not apply to: means of transport used outside the company or workplaces situated inside means of transport; temporary or mobile work sites; extractive industries; fishing boats; fields, woods and other land situated away from the buildings of an agricultural or forestry company. Employers’ obligations The minimum health safety and requirements applicable are provided in Annex I to the directive for cases where the workplaces were used for the first time after 31 December 1992 or when these locations were converted after this date. Workplaces used before 1 January 1993 had to meet the requirements laid down in Annex II to the directive. In addition, the employer must ensure: emergency exits are kept clear and can be used at all times; good technical maintenance of the workplace, equipment and devices, and the quick rectification of defective elements which may present a risk; adequate hygiene conditions; regular maintenance and checks of safety equipment to prevent and eliminate hazards. Information and consultation of workers Workers and/or their representatives are informed of all measures to be taken in order to protect their health and safety. They are consulted on all issues and measures connected with this area, in accordance with the rules laid down in Directive 89/391/EEC. Reporting Every 5 years, EU countries must report to the European Commission on the implementation of Directive 89/391/EEC and its related directives, including Directive 89/654/EEC. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 15 December 1989 and had to become law in the EU countries by 31 December 1992. BACKGROUND For more information, see: Health and safety at work (European Commission) Directive 89/654/EEC — workplace requirements (European Agency for Safety and Health at Work). KEY TERMS Workplace: the workstations housed on the premises of the business where a worker is employed, and any other place within the area of the business to which the worker has access in the course of his/her employment. MAIN DOCUMENT 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) (OJ L 393, 30.12.1989, pp. 1-12) Successive amendments to Directive 89/654/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS 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 (OJ L 183, 29.6.1989, pp. 1-8) See consolidated version. last update 26.11.2018


EUR-Lex - 41989X1230 - EN Avis juridique important | 41989X1230 Resolution of the Council and of the Ministers for Labour and Social Affairs, meeting within the Council of 30 November 1989 on setting up a European employment survey Official Journal C 328 , 30/12/1989 P. 0001 - 0002 RESOLUTION OF THE COUNCIL AND OF THE MINISTERS FOR LABOUR AND SOCIAL AFFAIRS, MEETING WITHIN THE COUNCIL of 30 November 1989 on setting up a European employment survey (89/C 328/01) THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE MINISTERS FOR LABOUR AND SOCIAL AFFAIRS, MEETING WITHIN THE COUNCIL, Having regard to the Treaty establishing the European Economic Community, Having regard to the Council Resolution of 22 December 1986 on an action programme on employment growth (1), Having regard to the Council Resolution of 5 June 1989 on continuing vocational training (2), Having regard to the conclusions of the European Council meetings in Hanover on 27 and 28 June 1988, in Rhodes on 2 and 3 December 1988 and in Madrid on 26 and 27 June 1989, Whereas completion of the Internal Market will bring enhanced growth thereby creating substantially more jobs in the Member States in the medium term; Whereas the initial phase of increased competition and intensified restructuring could lead to job losses and changes in employment patterns localized in certain regions and certain sectors; Whereas in order to make a success of these changes it is essential for all those involved to identify the problems soon enough to be able to minimize the likely adverse effects during the transitional phase and, conversely, to make the most of the advantages that are anticipated in the medium term; Whereas, also, shortages of skilled labour are beginning to emerge in many sectors and whereas in some Member States, owing to their specific demographic trends, the working population is in decline; Whereas employment policies are the responsibility of the Member States; Whereas, in accordance with Community law, the Commission has a major role to play in the field of employment; Whereas both sides of industry should be closely involved in efforts to investigate these problems and seek practical means of solving them, and whereas this cooperation would pave the way for progress in the Member States' economies; Whereas it is important that those engaged in economic and social affairs should have the information they need to define strategies which take account of the employment situation in sectors affected by completion of the Internal Market. INVITE the Commission and the Member States to set up a European employment survey, its remit being to study employment trends on an ongoing basis, focusing on the sectors affected by completion of the Internal Market, taking into account the work already carried out at Community level, namely: - to gather available information from the Member States on the prospects for change in employment and qualifications in the sectors most affected by completion of the Internal Market; - to provide an overview of the information gathered, making it possible to distinguish the broad trends in those sectors; - to circulate widely, for operational purposes, the results of the work referred to in the preceding indent to all those with responsibility for economic and social affairs, especially both sides of industry within the Community; INVITE the Commission, in conjunction with the Member States and after consulting both sides of industry, to submit to them on a regular basis the topics and sectors covered by the survey's remit and, at the annual debate on employment, to submit to the Council a summary of work carried out on these topics and sectors; INVITE the Commission, from the beginning of 1990, to take the necessary steps to set up the survey in question by calling upon the human and financial resources at its disposal; INVITE the Member States to cooperate with the Commission in conducting the survey; INVITE in particular each Member State to designate a national coordinator to provide the information referred to in the first indent of 1 and give the Commission any appropriate assistance with its task, thereby creating a Community-wide network to assist in carrying out the remit described in 1; CONSIDER that the information provided within the framework of the survey should contribute to enabling both the Member States and the Commission to reflect, inter alia, upon improving the employment and job creation impact of the European Social Fund. (1) OJ No C 340, 31. 12. 1986, p. 1. (2) OJ No C 148, 15. 6. 1989, p. 1.

Summary: European Employment Observatory (EEO) European Employment Observatory (EEO) The aim of the European Employment Observatory (EEO) is to facilitate the exchange of information between Member States and to analyse trends in the European Union’s (EU) labour markets. It assists the European Commission in developing European employment policy. ACT Resolution of the Council and of the Ministers for Labour and Social Affairs, meeting within the Council of 30 November 1989 on setting up a European employment survey [OJ C 328 of 30.12.1989]. SUMMARY The European Employment Observatory (EEO) is an information system on employment policies and labour market trends in the European Union (EU). Its mission is to analyse forecasts of developments in the labour markets, particularly in those sectors of activity most affected by the completion of the internal market. Its main tasks are: collecting information and statistical data from EU Member States; analysing large developments by sector; disseminating results to economic and social players, specifically European social partners. The Observatory is composed of representatives from the Member States, the EU candidate countries and the member countries of the European Economic Area (EEA). It operates through a steering group and a network of experts. Community System of Documentation on Employment (SYSDEM) SYSDEM is a network of experts from independent national research institutes. This network contributes towards achieving the EEO’s missions through: producing reports on evaluations and research on the impact of labour market policy; analysing policy priorities relating to employment; analysing national employment action plans. See also The website of the European Employment Observatory Last updated: 20.05.2011


30.12.1989 EN Official Journal of the European Communities L 393/18 COUNCIL DIRECTIVE of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (89/656/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community and in particular Article 118a thereof, Having regard to the Commission proposal (1), submitted after consultation with 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 118a of the Treaty provides that the Council shall adopt, by means of directives, minimum requirements designed to encourage improvements, especially in the working environment, to guarantee greater protection of the health and safety of workers; Whereas, under the said Article, such directives shall 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 Commission communication on its programme concerning safety, hygiene and health at work (4) provides for the adoption of a directive on the use of personal protective equipment at work; Whereas the Council, in its resolution of 21 December 1987 concerning safety, hygiene and health at work (5), noted the Commission's intention of submitting to it in the near future minimum requirements concerning the organization of the safety and health of workers at work; Whereas compliance with the minimum requirements designed to guarantee greater health and safety for the user of personal protective equipment 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, consequently, the provisions of the said Directive apply fully to the use by workers of personal protective equipment at the workplace, without prejudice to more stringent and /or specific provisions contained in this Directive; Whereas this Directive constitutes a practical step towards the achievement of the social dimension of the internal market; Whereas collective means of protection shall be accorded priority over individual protective equipment; whereas the employer shall be required to provide safety equipment and take safety measures; Whereas the requirements laid down in this Directive should not entail alterations to personal protective equipment whose design and manufacture complied with Community directives relating to safety and health at work; Whereas provision should be made for descriptions which Member States may use when laying down general rules for the use of individual protective equipment; 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 with a view to drawing up proposals in this field, HAS ADOPTED THIS DIRECTIVE: SECTION I GENERAL PROVISIONS Article 1 Subject 1. This Directive, which is the third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for personal protective equipment used by workers at work. 2. 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 1. For the purposes of this Directive, personal protective equipment shall mean all equipment designed to be worn or held by the worker to protect him against one or more hazards likely to endanger his safety and health at work, and any addition or accessory designed to meet this objective. 2. The definition in paragraph 1 excludes: (a) ordinary working clothes and uniforms not specifically designed to protect the safety and health of the worker; (b) equipment used by emergency and rescue services; (c) personal protective equipment worn or used by the military, the police and other public order agencies; (d) personal protective equipment for means of road transport; (e) sports equipment; (f) self-defence or deterrent equipment; (g) portable devices for detecting and signalling risks and nuisances. Article 3 General rule Personal protective equipment shall be used when the risks cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organization. SECTION II EMPLOYERS' OBLIGATIONS Article 4 General provisions 1. Personal protective equipment must comply with the relevant Community provisions on design and manufacture with respect to safety and health. All personal protective equipment must: (a) be appropriate for the risks involved, without itself leading to any increased risk; (b) correspond to existing conditions at the workplace; (c) take account of ergonomic requirements and the worker's state of health; (d) fit the wearer correctly after any necessary adjustment. 2. Where the presence of more than one risk makes it necessary for a worker to wear simultaneously more than one item of personal protective equipment, such equipment must be compatible and continue to be effective against the risk or risks in question. 3. The conditions of use of personal protective equipment, in particular the period for which it is worn, shall be determined on the basis of the seriousness of the risk, the frequency of exposure to the risk, the characteristics of the workstation of each worker and the performance of the personal protective equipment. 4. Personal protective equipment is, in principle, intended for personal use. If the circumstances require personal protective equipment to be worn by more than one person, appropriate measures shall be taken to ensure that such use does not create any health or hygiene problem for the different users. 5. Adequate information on each item of personal protective equipment, required under paragraphs 1 and 2, shall be provided and made available within the undertaking and /or establishment. 6. Personal protective equipment shall be provided free of charge by the employer, who shall ensure its good working order and satisfactory hygienic condition by means of the necessary maintenance, repair and replacements. However, Member States may provide, in accordance with their national practice, that the worker be asked to contribute towards the cost of certain personal protective equipment in circumstances where use of the equipment is not exclusive to the workplace. 7. The employer shall first inform the worker of the risks against which the wearing of the personal protective equipment protects him. 8. The employer shall arrange for training and shall, if appropriate, organize demonstrations in the wearing of personal protective equipment. 9. Personal protective equipment may be used only for the purposes specified, except in specific and exceptional circumstances. It must be used in accordance with instructions. Such instructions must be understandable to the workers. Article 5 Assessment of personal protective equipment 1. Before choosing personal protective equipment, the employer is required to assess whether the personal protective equipment he intends to use satisfies the requirements of Article 4(1) and (2). This assessment shall involve: (a) an analysis and assessment of risks which cannot be avoided by other means; (b) the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in (a), taking into account any risks which this equipment itself may create; (c) comparison of the characteristics of the personal protective equipment available with the characteristics referred to in (b). 2. The assessment provided for in paragraph 1 shall be reviewed if any changes are made to any of its elements. Article 6 (8) Rules for use 1. Without prejudice to Articles 3, 4 and 5, Member States shall ensure that general rules are established for the use of personal protective equipment and/or rules covering cases and situations where the employer must provide the personal protective equipment, taking account of Community legislation on the free movement of such equipment. These rules shall indicate in particular the circumstances or the risk situations in which, without prejudice to the priority to be given to collective means of protection, the use of personal protective equipment is necessary. Annexes I, II and III, which constitute a guide, contain useful information for establishing such rules. 2. When Member States adapt the rules referred to in paragraph 1, they shall take account of any significant changes to the risk, collective means of protection and personal protective equipment brought about by technological developments. 3. Member States shall consult the employers' and workers' organization on the rules referred to in paragraphs 1 and 2. Article 7 Information for 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 with regard to the health and safety of workers when personal protective equipment is used by workers at work. 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 Adjustment of the Annexes Alterations of a strictly technical nature to Annexes I, II and III resulting from: — the adoption of technical harmonization and standardization directives relating to personal protective equipment, and/or — technical progress and changes in international regulations and specifications or knowledge in the field of personal protective equipment, shall be adopted in accordance with the procedure provided for 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 not later than 31 December 1992. They shall immediately inform the Commission thereof. 2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt, as well as those already adopted, in the field covered 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 Committee on Safety, Hygiene and Health Protection at Work. 4. The Commission shall report periodically to the European Parliament, the Council and the Economic and Social Committee on the implementation of the Directive in the light of paragraphs 1,2 and 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 161, 20. 6. 1988, p. 1, OJ No C 115, 8. 5. 1989, p. 27 and OJ No C 287, 15. 11. 1989, p. 11. (2) OJ No C 12, 16. 1. 1989, p. 92 and OJ No C 256, 9. 10. 1989, p. 61. (3) OJ No C 318, 12. 12. 1988, p. 30. (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) See the Commission communication (OJ No C 328, 30. 12. 1989, p. 3). ANNEX I SPECIMEN RISK SURVEY TABLE FOR THE USE OF PERSONAL PROTECTIVE EQUIPMENT ANNEX II NON-EXHAUSTIVE GUIDE LIST OF ITEMS OF PERSONAL PROTECTIVE EQUIPMENT HEAD PROTECTION — Protective helmets for use in industry (mines, building sites, other industrial uses). — Scalp protection (caps, bonnets, hairnets — with or without eye shade). — Protective headgear (bonnets, caps, sou'westers, etc. in fabric, fabric with proofing, etc.). HEARING PROTECTION — Earplugs and similar devices. — Full acoustic helmets. — Earmuffs which can be fitted to industrial helmets. — Ear defenders with receiver for LF induction loop. — Ear protection with intercom equipment. EYE AND FACE PROTECTION — Spectacles. — Goggles. — X-ray goggles, laser-beam goggles, ultra-violet, infra-red, visible radiation goggles. — Face shields. — Arc-welding masks and helmets (hand masks, headband masks or masks which can be fitted to protective helmets). RESPIRATORY PROTECTION — Dust filters, gas filters and radioactive dust filters. — Insulating appliances with an air supply. — Respiratory devices including a removable welding mask. — Diving equipment. — Diving suits. HAND AND ARM PROTECTION — Gloves to provide protection: — from machinery (piercing, cuts, vibrations, etc.), — from chemicals, — for electricians and from heat. — Mittens. — Finger stalls. — Oversleeves. — Wrist protection for heavy work. — Fingerless gloves. — Protective gloves. FOOT AND LEG PROTECTION — Low shoes, ankle boots, calf-length boots, safety boots. — Shoes which can be unlaced or unhooked rapidly. — Shoes with additional protective toe-cap. — Shoes and overshoes with heat-resistant soles. — Heat-resistant shoes, boots and overboots. — Thermal shoes, boots and overboots. — Vibration-resistant shoes, boots and overboots. — Anti-static shoes, boots and overboots. — Insulating shoes, boots and overboots. — Protective boots for chain saw operators. — Clogs. — Kneepads. — Removable instep protectors. — Gaiters. — Removable soles (heat-proof, pierce-proof or sweat-proof). — Removable spikes for ice, snow or slippery flooring. SKIN PROTECTION — Barrier creams /ointments. TRUNK AND ABDOMEN PROTECTION — Protective waistcoats, jackets and aprons to provide protection from machinery (piercing, cutting, molten metal splashes, etc.). — Protective waistcoats, jackets and aprons to provide protection from chemicals. — Heated Waistcoats. — Life jackets. — Protective X-ray aprons. — Body belts. WHOLE BODY PROTECTION — Equipment designed to prevent falls — Fall-prevention equipment (full equipment with all necessary accessories). — Braking equipment to absorb kinetic energy (full equipment with all necessary accessories). — Body-holding devices (safety harness). — Protective clothing — ‘Safety’ working clothing (two-piece and overalls). — Clothing to provide protection from machinery (piercing, cutting, etc.). — Clothing to provide protection from chemicals. — Clothing to provide protection from molten metal splashes and infra-red radiation. — Heat-resistant clothing. — Thermal clothing. — Clothing to provide protection from radioactive contamination. — Dust-proof clothing. — Gas-proof clothing. — Fluorescent signalling, retro-reflecting clothing and accessories (armbands, gloves, etc.). — Protective coverings. ANNEX III NON-EXHAUSTIVE GUIDE LIST OF ACTIVITIES AND SECTORS OF ACTIVITY WHICH MAY REQUIRE THE PROVISION OF PERSONAL PROTECTIVE EQUIPMENT 1. HEAD PROTECTION (SKULL PROTECTION) Protective helmets — Building work, particularly work on, underneath or in the vicinity of scaffolding and elevated workplaces, erection and stripping of formwork, assembly and installation work, work on scaffolding and demolition work. — Work on steel bridges, steel building construction, masts, towers, steel hydraulic structures, blast furnaces, steel works and rolling mills, large containers, large pipelines, boiler plants and power stations. — Work in pits, trenches, shafts and tunnels. — Earth and rock works. — Work in underground workings, quarries, open diggings, coal stock removal. — Work with bolt-driving tools. — Blasting work. — Work in the vicinity of lifts, lifting gear, cranes and conveyors. — Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging and casting. — Work with industrial furnaces, containers, machinery, silos, bunkers and pipelines. — Shipbuilding. — Railway shunting work. — Slaughterhouses. 2. FOOT PROTECTION Safety shoes with puncture-proof soles — Carcase work, foundation work and roadworks. — Scaffolding work. — The demolition of carcase work, — Work with concrete and prefabricated parts involving formwork erection and stripping. — Work in contractors' yards and warehouses. — Roof work. Safety shoes without pierce-proof soles — Work on steel bridges, steel building construction, masts, towers, lifts, steel hydraulic structures, blast furnaces, steelworks and rolling mills, large containers, large pipelines, cranes, boiler plants and power stations. — Furnace construction, heating and ventilation installation and metal assembly work. — Conversion and maintenance work. — Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging, hot pressing and drawing plants. — Work in quarries and open diggings, coal stock removal. — Working and processing of rock. — Flat glass products and container glassware manufacture, working and processing. — Work with moulds in the ceramics industry. — Lining of kilns in the ceramics industry. — Moulding work in the ceramic ware and building materials industry. — Transport and storage. — Work with frozen meat blocks and preserved foods packaging. — Shipbuilding. — Railway shunting work. Safety shoes with heels or wedges and pierce-proof soles — Roof work. Protective shoes with insulated soles — Work with and on very hot or very cold materials. Safety shoes which can easily be removed — Where there is a risk of penetration by molten substances. 3. EYE OR FACE PROTECTION Protective goggles, face shields or screens — Welding, grinding and separating work. — Caulking and chiselling. — Rock working and processing. — Work with bolt-driving tools. — Work on stock removing machines for small chippings. — Drop forging. — The removal and breaking up of fragments. — Spraying of abrasive substances. — Work with acids and caustic solutions, disinfectants and corrosive cleaning products. — Work with liquid sprays. — Work with and in the vicinity of molten substances. — Work with radiant heat. — Work with lasers. 4. RESPIRATORY PROTECTION Respirators /breathing apparatus — Work in containers, restricted areas and gas-fired industrial furnaces where there may be gas or insufficient oxygen. — Work in the vicinity of the blast furnace charge. — Work in the vicinity of gas converters and blast furnace gas pipes. — Work in the vicinity of blast furnace taps where there may be heavy metal fumes. — Work on the lining of furnaces and ladles where there may be dust. — Spray painting where dedusting is inadequate. — Work in shafts, sewers and other underground areas connected with sewage. — Work in refrigeration plants where there is a danger that the refrigerant may escape. 5. HEARING PROTECTION Ear protectors — Work with metal presses. — Work with pneumatic drills. — The work of ground staff at airports. — Pile-driving work. — Wood and textile working. 6. BODY, ARM AND HAND PROTECTION Protective clothing — Work with acids and caustic solutions, disinfectants and corrosive cleaning substances. — Work with or in the vicinity of hot materials and where the effects of heat are felt. — Work on flat glass products. — Shot blasting. — Work in deep-freeze rooms. Fire-resistant protective clothing — Welding in restricted areas. Pierce-proof aprons — Boning and cutting work. — Work with hand knives involving drawing the knife towards the body. Leather aprons — Welding. — Forging. — Casting. Forearm protection — Boning and cutting. Gloves — Welding. — Handling of sharp-edged objects, other than machines where there is a danger of the glove's being caught. — Unprotected work with acids and caustic solutions. Metal mesh gloves — Boning and cutting. — Regular cutting using a hand knife for production and slaughtering. — Changing the knives of cutting machines. 7. WEATHERPROOF CLOTHING — Work in the open air in rain and cold weather. 8. REFLECTIVE CLOTHING — Work where the workers must be clearly visible. 9. SAFETY HARNESSES — Work on scaffolding. — Assembly of prefabricated parts. — Work on masts. 10. SAFETY ROPES — Work in high crane cabs. — Work in high cabs of warehouse stacking and retrieval equipment. — Work in high sections of drilling towers. — Work in shafts and sewers. 11. SKIN PROTECTION — Processing of coating materials. — Tanning.

Summary: Use of personal protective equipment Use of personal protective equipment SUMMARY OF: Directive 89/656/EEC — minimum health and safety requirements for the use by workers of personal protective equipment WHAT IS THE AIM OF THE DIRECTIVE? It lays down minimum requirements for the assessment, selection and correct use of personal protective equipment (PPE)* at work. Priority must be given to collective safety measures. KEY POINTS Employers’ obligations PPE must comply with the relevant EU rules on design and manufacture with respect to health and safety (see Regulation (EU) 2016/425 — Ensuring safe personal protective equipment for users) and with the conditions set out in this directive. The employer must provide the appropriate equipment free of charge and ensure that it is in good working order and in hygienic condition. Assessment of PPE Before choosing PPE, the employer is required to assess the extent to which it complies with the conditions set out in the directive. This includes an analysis of risks that cannot be avoided by other means as well as a definition and a comparison of the required characteristics of the equipment. Rules for use EU countries must introduce general rules for the use of PPE and/or cover cases and situations where the employer must provide such equipment. There must be prior consultation with employers’ and workers’ organisations. The annexes to the directive contain information for drawing up these rules: a specimen risk survey table (Annex I), a non-exhaustive list of items of PPE (Annex II), a non-exhaustive list of activities which may require the supply of PPE (Annex III). Workers’ information, consultation and participation Workers must be informed of all measures to be taken. Consultation and participation must take place on the matters covered by this directive. As required by Directive 89/391/EEC, technical adjustments to the annexes must be adopted by the European Commission, which is assisted by a committee comprising representatives from the EU countries. Evaluation report An evaluation of the practical implementation of the directive was published in 2017. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 12 December 1989 and had to become law in the EU countries by 31 December 1992. BACKGROUND For more information, see: Directive 89/656/EEC — use of personal protective equipment (European Agency for Safety and Health at Work). KEY TERMS Personal protective equipment (PPE): equipment designed and manufactured to be worn or held by a person to protect them against one or more risks to their health and safety. A number of items are excluded from the definition, such as equipment used by emergency and rescue services, self-defence or deterrent equipment. Such equipment must be used when the existing risks cannot be sufficiently limited by technical means of collective protection or work organisation procedures. MAIN DOCUMENT Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 393, 30.12.1989, pp. 18-28) Successive amendments to Directive 89/656/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENT 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 (OJ L 183, 29.6.1989, pp. 1-8) See consolidated version. last update 26.11.2018


EUR-Lex - 31989L0391 - EN Avis juridique important | 31989L0391 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 Official Journal L 183 , 29/06/1989 P. 0001 - 0008 Finnish special edition: Chapter 5 Volume 4 P. 0146 Swedish special edition: Chapter 5 Volume 4 P. 0146 COUNCIL DIRECTIVE of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof, Having regard to the proposal from the Commission (1), drawn up after consultation with 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 118a of the Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers; Whereas this Directive does not justify any reduction in levels of protection already achieved in individual Member States, the Member State being committed, under the Treaty, to encouraging improvements in conditions in this area and to harmonizing conditions while maintaining the improvements made; Whereas it is known that workers can be exposed to the effects of dangerous environmental factors at the work place during the course of their working life; Whereas, pursuant to Article 118a of the Treaty, such Directives must avoid imposing administrative, financial and legal constraints 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 Directives designed to guarantee the safety and health of workers; Whereas the Council, in its resolution of 21 December 1987 on safety, hygiene and health at work (5), took note of the Commission's intention to submit to the Council in the near future a Directive on the organization of the safety and health of workers at the work place; Whereas in February 1988 the European Parliament adopted four resolutions following the debate on the internal market and worker protection; whereas these resolutions specifically invited the Commission to draw up a framework Directive to serve as a basis for more specific Directives covering all the risks connected with safety and health at the work place; Whereas Member States have a responsibility to encourage improvements in the safety and health of workers on their territory; whereas taking measures to protect the health and safety of workers at work also helps, in certain cases, to preserve the health and possibly the safety of persons residing with them; Whereas Member States' legislative systems covering safety and health at the work place differ widely and need to be improved; whereas national provisions on the subject, which often include technical specifications and/or self-regulatory standards, may result in different levels of safety and health protection and allow competition at the expense of safety and health; Whereas the incidence of accidents at work and occupational diseases is still too high; whereas preventive measures must be introduced or improved without delay in order to safeguard the safety and health of workers and ensure a higher degree of protection; Whereas, in order to ensure an improved degree of protection, workers and/or their representatives must be informed of the risks to their safety and health and of the measures required to reduce or eliminate these risks; whereas they must also be in a position to contribute, by means of balanced participation in accordance with national laws and/or practices, to seeing that the necessary protective measures are taken; Whereas information, dialogue and balanced participation on safety and health at work must be developed between employers and workers and/or their representatives by means of appropriate procedures and instruments, in accordance with national laws and/or practices; Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations; Whereas employers shall be obliged to keep themselves informed of the latest advances in technology and scientific findings concerning work-place design, account being taken of the inherent dangers in their undertaking, and to inform accordingly the workers' representatives exercising participation rights under this Directive, so as to be able to guarantee a better level of protection of workers' health and safety; Whereas the provisions of this Directive apply, without prejudice to more stringent present or future Community provisions, to all risks, and in particular to those arising from the use at work of chemical, physical and biological agents covered by Directive 80/1107/EEC (6), as last amended by Directive 88/642/EEC (7); Whereas, pursuant to Decision 74/325/EEC (8), the Advisory Committee on Safety, Hygiene and Health Protection at Work is consulted by the Commission on the drafting of proposals in this field; Whereas a Committee composed of members nominated by the Member States needs to be set up to assist the Commission in making the technical adaptations to the individual Directives provided for in this Directive. HAS ADOPTED THIS DIRECTIVE: SECTION I GENERAL PROVISIONS Article 1 Object 1. The object of this Directive is to introduce measures to encourage improvements in the safety and health of workers at work. 2. To that end it contains general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of the said principles. 3. This Directive shall be without prejudice to existing or future national and Community provisions which are more favourable to protection of the safety and health of workers at work. Article 2 Scope 1. This Directive shall apply to all sectors of activity, both public and private (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure, etc.). 2. This Directive shall not be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it. In that event, the safety and health of workers must be ensured as far as possible in the light of the objectives of this Directive. Article 3 Definitions For the purposes of this Directive, the following terms shall have the following meanings: (a) worker: any person employed by an employer, including trainees and apprentices but excluding domestic servants; (b) employer: any natural or legal person who has an employment relationship with the worker and has responsibility for the undertaking and/or establishment; (c) workers' representative with specific responsibility for the safety and health of workers: any person elected, chosen or designated in accordance with national laws and/or practices to represent workers where problems arise relating to the safety and health protection of workers at work; (d) prevention: all the steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce occupational risks. Article 4 1. Member States shall take the necessary steps to ensure that employers, workers and workers' representatives are subject to the legal provisions necessary for the implementation of this Directive. 2. In particular, Member States shall ensure adequate controls and supervision.SECTION II EMPLOYERS' OBLIGATIONS Article 5 General provision 1. The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work. 2. Where, pursuant to Article 7 (3), an employer enlists competent external services or persons, this shall not discharge him from his responsibilities in this area. 3. The workers' obligations in the field of safety and health at work shall not affect the principle of the responsibility of the employer. 4. This Directive shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care. Member States need not exercise the option referred to in the first subparagraph. Article 6 General obligations on employers 1. Within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organization and means. The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve existing situations. 2. The employer shall implement the measures referred to in the first subparagraph of paragraph 1 on the basis of the following general principles of prevention: (a) avoiding risks; (b) evaluating the risks which cannot be avoided: (c) combating the risks at source; (d) adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health. (e) adapting to technical progress; (f) replacing the dangerous by the non-dangerous or the less dangerous; (g) developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment; (h) giving collective protective measures priority over individual protective measures; (i) giving appropriate instructions to the workers. 3. Without prejudice to the other provisions of this Directive, the employer shall, taking into account the nature of the activities of the enterprise and/or establishment: (a) evaluate the risks to the safety and health of workers, inter alia in the choice of work equipment, the chemical substances or preparations used, and the fitting-out of work places. Subsequent to this evaluation and as necessary, the preventive measures and the working and production methods implemented by the employer must: - assure an improvement in the level of protection afforded to workers with regard to safety and health, - be integrated into all the activities of the undertaking and/or establishment and at all hierarchical levels; (b) where he entrusts tasks to a worker, take into consideration the worker's capabilities as regards health and safety; (c) ensure that the planning and introduction of new technologies are the subject of consultation with the workers and/or their representatives, as regards the consequences of the choice of equipment, the working conditions and the working environment for the safety and health of workers; (d) take appropriate steps to ensure that only workers who have received adequate instructions may have access to areas where there is serious and specific danger. 4. Without prejudice to the other provisions of this Directive, where several undertakings share a work place, the employers shall cooperate in implementing the safety, health and occupational hygiene provisions and, taking into account the nature of the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform one another and their respective workers and/or workers' representatives of these risks. 5. Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost. Article 7 Protective and preventive services 1. Without prejudice to the obligations referred to in Articles 5 and 6, the employer shall designate one or more workers to carry out activities related to the protection and prevention of occupational risks for the undertaking and/or establishment. 2. Designated workers may not be placed at any disadvantage because of their activities related to the protection and prevention of occupational risks. Designated workers shall be allowed adequate time to enable them to fulfil their obligations arising from this Directive. 3. If such protective and preventive measures cannot be organized for lack of competent personnel in the undertaking and/or establishment, the employer shall enlist competent external services or persons. 4. Where the employer enlists such services or persons, he shall inform them of the factors known to affect, or suspected of affecting, the safety and health of the workers and they must have access to the information referred to in Article 10 (2). 5. In all cases: - the workers designated must have the necessary capabilities and the necessary means, - the external services or persons consulted must have the necessary aptitudes and the necessary personal and professional means, and - the workers designated and the external services or persons consulted must be sufficient in number to deal with the organization of protective and preventive measures, taking into account the size of the undertaking and/or establishment and/or the hazards to which the workers are exposed and their distribution throughout the entire undertaking and/or establishment. 6. The protection from, and prevention of, the health and safety risks which form the subject of this Article shall be the responsibility of one or more workers, of one service or of separate services whether from inside or outside the undertaking and/or establishment. The worker(s) and/or agency(ies) must work together whenever necessary. 7. Member States may define, in the light of the nature of the activities and size of the undertakings, the categories of undertakings in which the employer, provided he is competent, may himself take responsibility for the measures referred to in paragraph 1. 8. Member States shall define the necessary capabilities and aptitudes referred to in paragraph 5. They may determine the sufficient number referred to in paragraph 5. Article 8 First aid, fire-fighting and evacuation of workers, serious and imminent danger 1. The employer shall: - take the necessary measures for first aid, fire-fighting and evacuation of workers, adapted to the nature of the activities and the size of the undertaking and/or establishment and taking into account other persons present, - arrange any necessary contacts with external services, particularly as regards first aid, emergency medical care, rescue work and fire-fighting. 2. Pursuant to paragraph 1, the employer shall, inter alia, for first aid, fire-fighting and the evacuation of workers, designate the workers required to implement such measures. The number of such workers, their training and the equipment available to them shall be adequate, taking account of the size and/or specific hazards of the undertaking and/or establishment. 3. The employer shall: (a) as soon as possible, inform all workers who are, or may be, exposed to serious and imminent danger of the risk involved and of the steps taken or to be taken as regards protection; (b) take action and give instructions to enable workers in the event of serious, imminent and unavoidable danger to stop work and/or immediately to leave the work place and proceed to a place of safety; (c) save in exceptional cases for reasons duly substantiated, refrain from asking workers to resume work in a working situation where there is still a serious and imminent danger. 4. Workers who, in the event of serious, imminent and unavoidable danger, leave their workstation and/or a dangerous area may not be placed at any disadvantage because of their action and must be protected against any harmful and unjustified consequences, in accordance with national laws and/or practices. 5. The employer shall ensure that all workers are able, in the event of serious and imminent danger to their own safety and/or that of other persons, and where the immediate superior responsible cannot be contacted, to take the appropriate steps in the light of their knowledge and the technical means at their disposal, to avoid the consequences of such danger. Their actions shall not place them at any disadvantage, unless they acted carelessly or there was negligence on their part. Article 9 Various obligations on employers 1. The employer shall: (a) be in possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks; (b) decide on the protective measures to be taken and, if necessary, the protective equipment to be used; (c) keep a list of occupational accidents resulting in a worker being unfit for work for more than three working days; (d) draw up, for the responsible authorities and in accordance with national laws and/or practices, reports on occupational accidents suffered by his workers. 2. Member States shall define, in the light of the nature of the activities and size of the undertakings, the obligations to be met by the different categories of undertakings in respect of the drawing-up of the documents provided for in paragraph 1 (a) and (b) and when preparing the documents provided for in paragraph 1 (c) and (d). Article 10 Worker information 1. The employer shall take appropriate measures so that workers and/or their representatives in the undertaking and/or establishment receive, in accordance with national laws and/or practices which may take account, inter alia, of the size of the undertaking and/or establishment, all the necessary information concerning: (a) the safety and health risks and protective and preventive measures and activities in respect of both the undertaking and/or establishment in general and each type of workstation and/or job; (b) the measures taken pursuant to Article 8 (2). 2. The employer shall take appropriate measures so that employers of workers from any outside undertakings and/or establishments engaged in work in his undertaking and/or establishment receive, in accordance with national laws and/or practices, adequate information concerning the points referred to in paragraph 1 (a) and (b) which is to be provided to the workers in question. 3. The employer shall take appropriate measures so that workers with specific functions in protecting the safety and health of workers, or workers' representatives with specific responsibility for the safety and health of workers shall have access, to carry out their functions and in accordance with national laws and/or practices, to: (a) the risk assessment and protective measures referred to in Article 9 (1) (a) and (b); (b) the list and reports referred to in Article 9 (1) (c) and (d); (c) the information yielded by protective and preventive measures, inspection agencies and bodies responsible for safety and health. Article 11 Consultation and participation of workers 1. Employers shall consult workers and/or their representatives and allow them to take part in discussions on all questions relating to safety and health at work. This presupposes: - the consultation of workers, - the right of workers and/or their representatives to make proposals, - balanced participation in accordance with national laws and/or practices. 2. Workers or workers' representatives with specific responsibility for the safety and health of workers shall take part in a balanced way, in accordance with national laws and/or practices, or shall be consulted in advance and in good time by the employer with regard to: (a) any measure which may substantially affect safety and health; (b) the designation of workers referred to in Articles 7 (1) and 8 (2) and the activities referred to in Article 7 (1); (c) the information referred to in Articles 9 (1) and 10; (d) the enlistment, where appropriate, of the competent services or persons outside the undertaking and/or establishment, as referred to in Article 7 (3); (e) the planning and organization of the training referred to in Article 12. 3. Workers' representatives with specific responsibility for the safety and health of workers shall have the right to ask the employer to take appropriate measures and to submit proposals to him to that end to mitigate hazards for workers and/or to remove sources of danger. 4. The workers referred to in paragraph 2 and the workers' representatives referred to in paragraphs 2 and 3 may not be placed at a disadvantage because of their respective activities referred to in paragraphs 2 and 3. 5. Employers must allow workers' representatives with specific responsibility for the safety and health of workers adequate time off work, without loss of pay, and provide them with the necessary means to enable such representatives to exercise their rights and functions deriving from this Directive. 6. Workers and/or their representatives are entitled to appeal, in accordance with national law and/or practice, to the authority responsible for safety and health protection at work if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health at work. Workers' representatives must be given the opportunity to submit their observations during inspection visits by the competent authority. Article 12 Training of workers 1. The employer shall ensure that each worker receives adequate safety and health training, in particular in the form of information and instructions specific to his workstation or job: - on recruitment, - in the event of a transfer or a change of job, - in the event of the introduction of new work equipment or a change in equipment, - in the event of the introduction of any new technology. The training shall be: - adapted to take account of new or changed risks, and - repeated periodically if necessary. 2. The employer shall ensure that workers from outside undertakings and/or establishments engaged in work in his undertaking and/or establishment have in fact received appropriate instructions regarding health and safety risks during their activities in his undertaking and/or establishment. 3. Workers' representatives with a specific role in protecting the safety and health of workers shall be entitled to appropriate training. 4. The training referred to in paragraphs 1 and 3 may not be at the workers' expense or at that of the workers' representatives. The training referred to in paragraph 1 must take place during working hours. The training referred to in paragraph 3 must take place during working hours or in accordance with national practice either within or outside the undertaking and/or the establishment.SECTION III WORKERS' OBLIGATIONS Article 13 1. It shall be the responsibility of each worker to take care as far as possible of his own safety and health and that of other persons affected by his acts or Commissions at work in accordance with his training and the instructions given by his employer. 2. To this end, workers must in particular, in accordance with their training and the instructions given by their employer: (a) make correct use of machinery, apparatus, tools, dangerous substances, transport equipment and other means of production; (b) make correct use of the personal protective equipment supplied to them and, after use, return it to its proper place; (c) refrain from disconnecting, changing or removing arbitrarily safety devices fitted, e.g. to machinery, apparatus, tools, plant and buildings, and use such safety devices correctly; (d) immediately inform the employer and/or the workers with specific responsibility for the safety and health of workers of any work situation they have reasonable grounds for considering represents a serious and immediate danger to safety and health and of any shortcomings in the protection arrangements; (e) cooperate, in accordance with national practice, with the employer and/or workers with specific responsibility for the safety and health of workers, for as long as may be necessary to enable any tasks or requirements imposed by the competent authority to protect the safety and health of workers at work to be carried out; (f) cooperate, in accordance with national practice, with the employer and/or workers with specific responsibility for the safety and health of workers, for as long as may be necessary to enable the employer to ensure that the working environment and working conditions are safe and pose no risk to safety and health within their field of activity. SECTION IV MISCELLANEOUS PROVISIONS Article 14 Health surveillance 1. To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices. 2. The measures referred to in paragraph 1 shall be such that each worker, if he so wishes, may receive health surveillance at regular intervals. 3. Health surveillance may be provided as part of a national health system. Article 15 Risk groups Particularly sensitive risk groups must be protected against the dangers which specifically affect them. Article 16 Individual Directives - Amendments - General scope of this Directive 1. The Council, acting on a proposal from the Commission based on Article 118a of the Treaty, shall adopt individual Directives, inter alia, in the areas listed in the Annex. 2. This Directive and, without prejudice to the procedure referred to in Article 17 concerning technical adjustments, the individual Directives may be amended in accordance with the procedure provided for in Article 118a of the Treaty. 3. The provisions of this Directive shall apply in full to all the areas covered by the individual Directives, without prejudice to more stringent and/or specific provisions contained in these individual Directives. Article 17 Committee 1. For the purely technical adjustments to the individual Directives provided for in Article 16 (1) to take account of: - the adoption of Directives in the field of technical harmonization and standardization, and/or - technical progress, changes in international regulations or specifications, and new findings, the Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. If, on the expiry of three months from the date of the referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission. Article 18 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. 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 covered 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 Committee 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 19 This Directive is addressed to the Member States. Done at Luxembourg, 12 June 1989. For the Council The President M. CHAVES GONZALES (1) OJ No C 141, 30. 5. 1988, p. 1. (2) OJ No C 326, 19. 12. 1988, p. 102, and OJ No C 158, 26. 6. 1989. (3) OJ No C 175, 4. 7. 1988, p. 22.(4) OJ No C 28, 3. 2. 1988, p. 3. (5) OJ No C 28, 3. 2. 1988, p. 1.(6) OJ No L 327, 3. 12. 1980, p. 8. (7) OJ No L 356, 24. 12. 1988, p. 74. (8) OJ No L 185, 9. 7. 1974, p. 15. ANNEX List of areas referred to in Article 16 (1) - Work places - Work equipment - Personal protective equipment - Work with visual display units - Handling of heavy loads involving risk of back injury - Temporary or mobile work sites - Fisheries and agriculture

Summary: Health and safety at work — general rules Health and safety at work — general rules SUMMARY OF: Council Directive 89/391/EEC — measures to improve the safety and health of workers at work SUMMARY WHAT DOES THIS DIRECTIVE DO? It introduces measures to improve the health and safety of people at work. It sets out obligations for both employers* and employees* to reduce accidents and occupational disease in the workplace. KEY POINTS The directive applies to all sectors of public and private activity (industrial, agricultural, commercial, administrative, service, educational, cultural, leisure and others). It stipulates that employers: have a duty to ensure the health and safety of their workforce — this includes evaluating and avoiding risks, developing an overall safety policy and providing appropriate training to staff; appoint someone responsible for the prevention of risks at work; take the necessary first aid, fire-fighting and evacuation precautionary measures; assess the risks particular workers might face and ensure the necessary protective measures are in place; provide employees and/or their representatives with all relevant information on possible health and safety risks and the measures taken to prevent them; consult employees and/or their representatives and involve them in all discussions on health and safety at work; ensure each employee receives adequate health and safety training relevant to their job. Other key points Each employee is responsible for taking care, as far as possible, of their own, and their colleagues’, health and safety. Special protection must be given to employees who may be particularly sensitive to possible risks and dangers in the workplace. The directive does not apply to certain specific public services, such as the police, the armed forces or elements of civil protection. KEY TERMS * Employee: anyone working for an employer, including trainees and apprentices, but not domestic servants. * Employer: anyone with an employment relationship with someone and responsibility for the business. BACKGROUND Health and safety at work EU Occupational Safety and Health (OSH) Strategic Framework 2014-2020 European Agency for Safety and Health at Work European Foundation for the Improvement of Living and Working Conditions (Eurofound) Following the COVID-19 outbreak and introducing measures to cope with the impact of the crisis, the European Commission adopted: Communication from the Commission — Guidelines on protection of health, repatriation and travel arrangements for seafarers, passengers and other persons on board ships ACT 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 REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 89/391/EEC 19.6.1989 31.12.1992 OJ L 183, 29.6.1989, pp. 1-8 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, pp. 1-53 Directive 2007/30/EC 28.6.2007 31.12.2012 OJ L 165, 27.6.2007, pp. 21-24 Regulation (EC) No 1137/2008 11.12.2008 – OJ L 311, 21.11.2008, pp. 1-54 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. last update 08.05.2020