Example of a directive : Parts of the Framework Directive on Health and Safety were referred to in the previous chapter in relation to worker involvement: the whole of that directive is now set out to illustrate the form a directive takes. It will be noted that the language is not easily reconciled with the language normally used in UK legislation. In particular, the European practice of imposing broad general

doi:10.4324/9781843140504-210

Chapter

ABSTRACT

On the Introduction of Measures to Encourage Improvements in the Safety and Health of Workers at Work (OJ 1989 L183/1)

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, drawn up after consultation with the Advisory Committee on Safety, Hygiene and Health Protection at Work;

• In co-operation with the European Parliament;

• Having regard to the opinion of the Economic and Social Committee;

• 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 encourage improvements in conditions in this area and to harmonising conditions while maintaining the improvements made;

• Whereas it is known that workers can be exposed to the effects of dangerous environmental factors at the workplace 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 mediumsized undertakings;

• Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work 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, took note of the Commission’s intention to submit to the Council in the near future a Directive on the organisation of the safety and health of workers at the workplace;

• 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 workplace;

• 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 workplace 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 workplace 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 (OJ 1980 L327/8), as last amended by Directive 88/642 (OJ 1988 L356/74);

• Whereas pursuant to Decision 74/325 (OJ 1974 L185/15), 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 adaptation to the individual Directives, provided for in this Directive;

• Has adopted this Directive.