TMS-EL02-A-01-03Page 1 EU Health and Safety Legislation.

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EU Health and Safety Legislation

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History of Occupational Health and Safety Law• Occupational health and safety law has its

origins in the Industrial Revolution• Early factory legislation in the 19th century

– directed towards the protection of women and young persons

• Factory legislation introduced some new health and safety requirements i.e. floors, passages, stairs and safe access

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Health & Safety Action programmes in place since 1978Objectives

• Improvement in working conditions

• Better knowledge of causes of occupational accidents and diseases

• Identifying and assessing risks and implementing controls

• Improvement in human behaviour

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Health and Safety Today• Health and Safety Programme 1996-2000

- aimed at providing assistance with implementation and application of existing legislation and non-legislative measures

• Looks at achievements- setting up of the European Agency for Safety and

Health at work

- Transposal and updating of existing legislative measures

- SAFE programme (non-legislative measures to improve health and safety)

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Underlying Principals• Proactive Approach

- Risk assessment, Identify symptoms of unsafe organisations

- Preventative Action

Versus

Reactive Approach- Deal with active cause only

Compensatory Approach- Ignore unsafe conditions

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The 1989 Framework Directive • Referred to as Council Directive 89/391/EEC• Relates to the introduction of measures to encourage improvements in the

safety and health of workers at work• The directive applies to all sectors of activity, both public and private with

the exception of certain specific activities in the public and civil protection services

Objective:To ensure a higher degree of protection of workers by implementation of preventive measures to guard against accidents at work and occupational diseases and through the information, consultation, balanced participation and training of workers and their representatives.

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Framework Directive• Five ‘individual’ Directives associated with health

and safety. Sometimes called the ‘six pack’ of directives or ‘daughter’ directives.

• Workplace Directive 89/654/EEC• Work Equipment Directive 89/655/EEC• Personal Protection Equipment Directive

89/656/EEC• Manual Handling of Loads Directive 90/269/EEC• Display Screen Equipment Directive 90/270/EEC• Another Directive agreed in 1991 to cover

temporary and fixed-term employees – 91/383/EC

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Employers DutiesEmployers are obliged:

• To ensure the health and safety of workers in every aspect related etc– Article 5 General Provisions – Article 6 General Obligations on employers– Article 7 Protective and Preventive services

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Obligations on employers• Carry out a risk assessment of the risks to safety

and health at work including workers exposed to particular risk e.g. working at heights, lone working, working with electricity etc.

• Implement appropriate protective measures/equipment to ensure health and safety of employees

• Keep a list of occupational accidents i.e. unfit for work for more than three consecutive working days and report such accidents to the responsible authorities in accordance with national laws and/or practices

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Consultation• Employers must consult employees and/or their

representatives on health and safety matters• Employees or employee representatives shall take part in a

balanced way or shall be consulted in advance of health and safety issues affecting them

• Employee representatives have the right to ask the employer to take appropriate measures and to submit proposals to mitigate hazards for workers

• Employers must consider such proposals and put in place mitigation measures in so far as is reasonably practicable

• Time must be given to representatives to enable them to exercise their rights and functions and they must not be placed at a disadvantage

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Training

• An employer must ensure that each worker receives adequate health and safety training, in particular in the form of information and instruction specific to his/her job or function

• Training for use of equipment• Training for contractors• Training for workers’ representatives with a

specific role in protecting health and safety of workers

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Employees Obligations

• Take care of themselves and others

• To make correct use of machinery, other means of production, personal protective equipment and safety devices etc.

• Report hazards or dangerous occurrences

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Workplace Directive• Referred to as Council Directive

89/654/EEC• Relates to the minimum health and safety

requirements for the workplace• The aim of the directive is to introduce

minimum measures designed to improve the working environment, in order to guarantee a better standard of health and safety protection

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Employers Obligations

• Workplaces used for the first time after 31st December 1992 must satisfy the minimum health and safety requirements laid down in Annex I (Ref Article 3)

• Workplaces already in use before January 1993 must satisfy the minimum health and safety requirements laid down in Annex II at the latest three years after that date. (Ref Article 4)

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General provisions of the Directive • To safeguard the safety and health of workers, the

employer shall ensure- traffic routes to emergency exits and exits

themselves are kept clear at all times.- technical maintenance of the workplace and

equipment/devices is carried out and faults rectified as quickly as possible.

- workplace and equipment are regularly cleaned to an adequate level of hygiene.

- safety equipment/devices are regularly maintained and checked. (Ref Article 6)

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Work Equipment Directive – Council Directive 89/655/EEC

• Objective Implementation of the minimum requirements for concrete measures concerning the use of work equipment, to improve health and safety for workers.

• Definition“Work equipment”: any machine, apparatus, tool or installation used at work.

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Employers Duties• Employers must take the measures necessary to

ensure that:- the use of work equipment is restricted to those

persons given the task of using it- assessment of risks is undertaken and

employees are informed of risks and associated controls

- training is provided in use of work equipment• The minimum health and safety requirements are

laid down in the Annex to this Directive

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Use of Work Equipment DirectiveEmployers obligations:• Equipment is suitable for the work• All working conditions have been considered• There is no risk to employee health and safety• Employees are competent in any modifications,

repair and maintenance carried out• Machine guards and emergency stops are fitted• Reference Article 3,4 & 5 of Directive

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Personal Protective Equipment• Council Directive 89/656/EEC

• Lays down minimum requirements for the assessment, selection and correct use of personal protective equipment

• P.P.E. is defined as equipment designed to be worn or held by the worker to protect him against hazards encountered at work

A company must:

• Make an assessment of the personal protective equipment (PPE) required, taking into account the risks present, the characteristics of the PPE, the conditions of use

• Provide PPE for use by their employees, normally one item per employee

• Provide adequate training and information for appropriate use of PPE

• Maintain PPE in a hygienic condition and in good working order

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Personal Protective Equipment Directive 89/686/EEC• Ensure free movement of personal

protective equipment by harmonising the essential safety requirements to which it must conform

• PPE may be placed on the market and brought into service only if it preserves the health and safety of users

• PPE must satisfy essential requirements specified in Annex I

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Manual Handling of Loads• Council Directive 90/269/EEC• Lays down the minimum health and safety requirements

for the manual handling of loads where there is a risk particularly of back injury to workers

• Manual handling of loads – lifting, putting down, pushing, pulling, carrying or moving of a load, which by reason of its characteristics or of unfavourable ergonomic conditions, involves a risk particularly of back injury to workers

• Duty on employer to ensure safe manual handling of loads• Use mechanical devices where possible• Conduct risk assessment• Provide training

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Guideline Weights for Lifting and Lowering

Position of lift Close to body

With arm outstretched

Shoulder to full height 10kg 5kg

Elbow to shoulder height 20kg 10kg

Knuckle to elbow height 25kg 15kg

Mid lower leg to knuckle height

20kg 10kg

Below mid lower leg 10kg 5kg

Source: HSC Guidance (1992) and HSA Guide (2000).

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Display Screen Equipment• Council Directive 92/58/EEC• Lays down minimum safety and health

requirements for work with display screen equipment

A company has a duty to:• Carry out a risk assessment• Evaluate possible risks to eyesight, physical

problems, mental stress• Undertake any remedial measures required

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Display Screen EquipmentA company has a duty to:• Plan activities to ensure sufficient breaks

and interruptions from workload at the screen

• Provide sufficient training in use• Make available to all employees appropriate

eyesight tests at regular intervals• Provide special corrective appliances,

where appropriate

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Pregnant Employees Directive 92/85/EECA company must:• Carry out a risk assessment, identifying any possible

effects on pregnancy or breastfeeding by employees in relation to exposure to physical, biological or chemical agents, processes or working conditions as identified in these regulations

• Put in place any preventive or protective measures necessary

• Where it is not possible to ensure the safety or health of such employees, the company must adjust temporarily the working conditions (or provide alternative work), so that exposure is avoided

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A company must

• Comply with any registered medical practitioner’s report requesting specific working conditions

• Provide the following information to employees or their safety representative:- Risk assessment reports- Protective and preventive measures

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Children and Young Persons Directive 94/33/EC

The company must:

• Undertake a risk assessment of a child or young person’s safety, health and welfare and development arising from:- his/her lack of experience

- exposure to physical, biological and chemical agents

- activities specified in the Annex

- take the necessary protective and preventive measures to protect the safety and health of the child/young person

- inform the child or young person of any risk identified and any health surveillance/assessments carried out

- where the risk assessment reveals an unacceptable level of risk, not to employ the child/young person at such work

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Equal Treatment for Men and Women. Directive 2002/73/EC• Principles of equal treatment as regards

- Access to employment- Training and promotion- Working conditions

• Also includes dispositions on harassment, sexual harassment issues at work

• Shall be no discrimination on grounds of gender

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Temporary Workers Directive 91/383/EEC• Aim of this Directive is to improve protection of

the safety and health of temporary workers, who are more exposed to the risk of accidents at work and occupational diseases than other workers

• A temporary worker must receive sufficient training

• A temporary worker must be informed beforehand of any risks he/she faces in any activity they take up

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Working Time Directive 93/104/EC• The main aim is to ensure that workers are protected

against adverse health and safety effects caused by working excessively long hours, inadequate rest or disruptive work patterns

• Minimum annual leave 20 days

• Average maximum working week must not exceed 48 hours

• Weekly rest period of at least 35 consecutive hours

• Night work must not exceed 8 hours a night on average in any 24 hour period

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Biological Agents Directive Council Directive 2000/54/ECA company shall

• Identify Biological Agents on site

• Carry out a risk assessment

• Implement preventive and control measures, including suitable personal protective equipment, procedures, training, vaccines and containment measures

• Notify the relevant authority, where it has been identified that the risk assessment reveals a risk to an employee’s health and safety and/or disease or death has occurred resulting from occupational exposure

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Chemical Agents Directive – 98/24/EC• Lays down minimum requirements for the protection of

workers from risks to their safety and health arising or likely to arise from the effects of chemical agents that are present at the workplace or as a result of any work activity involving chemical agents.

• Employer has a duty to:– prevent, avoid or control risk– monitor levels where exposure exist– identify measures to control risk– review assessment after change of work practices or

conditions– sample and measure using standard methods

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Information, Training & Consultation: Employers’ Duties• Ensure OELs are not exceeded• Health surveillance• Accidents and emergency plans• Information on:

- risks - results of risk assessments- action to be taken if limit exceeded- information to self-employed workers and contractors- training - consultation

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Carcinogens Directive• Council Directive 90/394/EEC

• Aim: the protection of workers against risks to their health and safety, including the prevention of such risks, arising or likely to arise from exposure to carcinogens at work

• A company must carry out regular risk assessments of activities likely to involve a risk of exposure to any carcinogen and mutagen (agent which can cause heritable genetic damage)

• Define, following assessment, the measures to be taken to ensure exposure is prevented or reduced

• Reduce the use of a carcinogen/mutagen by replacing it, where possible, with a less harmful or harmless substance

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A company must

• Ensure where carcinogens/mutagens are used, a closed system is in operation

• Ensure that employee exposure is as low as technically possible, if a closed system cannot be operated

• Label carcinogens/mutagens clearly display visible warning and hazard signs

• Provide relevant information to competent authorities and employees

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Noise Directive – 86/188/EEC• Objective: to reduce exposure to noise in order to lessen the risk of

hearing loss; to reduce noise levels preferably at source and to provide personal ear protection

• Company must assess and measure noise levels in the workplace

• Employees must be informed, if exposed to noise levels in excess of 85dBA

• The company must provide ear protection to employees likely to be exposed to noise levels in excess of 85dBA

• The wearing of ear protection in mandatory for workers exposed to levels in excess of 90dBA

• Appropriate signs should be posted in areas which exceed the above noise levels

• Hearing checks must be carried out on workers, if they are exposed to noise levels in excess of 90dBA

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Ionising Radiation Directive

• Council Directive 96/29/Euratom• Lays down basic safety standards for the

protection of health of workers and the general public against dangers from ionising radiation

• Directive 2000/473/Euratom – concerning the monitoring of levels of radioactivity in the environment

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New EU Noise Directive 2003/10/EC• Sets the upper exposure action value at 85

dBA (currently 90)• Set the lower action value at 80dBA

(currently 85)• May require noise survey over 1 week

(currently 1 day)• Takes account of sensitive risk groups• Implementation in late 2004/early 2005

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Safety and/or Health Signs Directive 92/58/EEC• This Directive is applicable to all places of

employment and require employers to use safety signs, wherever there is a risk that cannot be controlled sufficiently by other means

• Lays down minimum requirements for the provision of health and/or safety signs at work

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Machines Directive 98/37/EC• Aim: to harmonise the design and construction of

machinery with a view to protecting the safety of persons using machinery

• Offence to place on the market, any machinery which fails to comply with health and safety requirements of Annex I of Directive 98/37/EC

• Offence to place on the market, machinery which if properly installed, maintained and used for its intended purpose, is liable to endanger health and safety of persons and animals or cause damage to property

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Safety in Industry• Second hand machinery from outside the EEA

being put into use or placed on the market within the EEA is considered ‘new’ in this context

• The term ‘machinery’ is broadly defined and includes what is generally understood by the term, as well as some other products

• For example production lines, forklift trucks, circular saws, combine harvesters, meat-mincing machines, lifting equipment and escalators all fall within the definition

• This Directive also covers safety components

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Obligations on buyers of machinery for use at work

There is an onus on those buying machinery for use at work to ensure that it is safe for its intended use. In particular they should:

• Check that it has CE marking (if a machine is for incorporation into another machine it might not have CE marking but the complete machine should have CE marking)

• Check that there is an EC Declaration of Conformity

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Liability for Defective Products Directive 85/374/EECAims of this directive

1) Ensure high level of consumer protection against damage caused to health or property by a defective product

2) To reduce disparities between national laws which distort competition and effect free movement of goods

• Amended by 1999/34/EC Directive

• The producer shall be liable for damage caused by a defect in his/her product

• There are exemptions to this rule – Article 7

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Product Safety Directive 92/59/EEC• Aim: to make safety a general requirement at Community

level so that producers can place only safe products on the market

• Safe product – under normal or reasonably foreseeable conditions of use, including duration does not present any risk or only minimum risks compatible with the products use

• General safety requirements are detailed in Article 3 of the Directive

• Amended by Directive 2001/95/EC – conformity assessment criteria and European Standards

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Electromagnetic Compatibility Directive 89/336/EEC

• Aims: to ensure free movement of all electrical and electronic appliances on the market through harmonisation of protection requirements to which they must comply

• Apply to all electrical and electronic appliances, equipment and installations likely to create electromagnetic disturbance

• This Directive lists principle protection requirements in Annex III – electromagnetic disturbance generated must not hinder use of domestic radio, television, lights, medical and scientific apparatus etc.

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Electrical equipment designed for use with certain voltage limits. Directive 73/23/EEC• Establishes essential requirements relating to

safety applicable to electrical equipment intended:- for use with a voltage rating 50-1000V for alternating

current and 75 to 1500V for direct current

• Principle elements of essential safety requirements are listed in Annex I

• Member States must take measures to ensure electrical equipment is constructed in accordance with good manufacturing practice and does not endanger safety of persons, domestic animals or property

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Classification, Packaging and Labelling of Dangerous Substances Directive 67/548/EEC

• This Directive codify in one single document the law on CPL of dangerous substances

• Manufacturers of new substances must supply a notification dossier to the competent authority

• Suppliers must put warning labels on containers, including R&S phases

• Manufacturers/suppliers must provide 16 point safety data sheets

• Amended 11 times

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Safety Data Sheet Directive 91/155/EEC• Define and lay down the detailed

arrangements for the system of specific information relating to dangerous preparations

• Any person who places a dangerous substances on the market, whether the manufacturer, importer or distributer shall provide the recipient with a material safety data sheet (MSDS)

• Must be a 16 point MSDS

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Material Safety Data Sheet Contents

1. Identification of the substance/preparation and company

2. Composition/information on ingredients3. Hazard identification4. First aid measures5. Fire fighting measures6. Accidental release measures7. Handling & storage8. Exposure controls/personal protection

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Material Safety Data Sheet Contents

9. Physical & chemical properties10. Stability/reactivity11. Toxicological information12. Ecological information13. Disposal considerations14. Transport information15. Regulatory information16. Other information

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Guidance for 2000

The 1998 mid term report for the Community programme 1996-2000 set guidelines for 2000 as follows:

• Making legislation more effective• Preparing for enlargement• Strengthening the link with employability• Safeguarding good working conditions in a

time of change

TMS-EL02-A-01-03Page 1 EU Health and Safety Legislation.

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