Directive 89/391/EEC is the cornerstone of European legislation on health and safety at work. In this guide, we will analyse the responsibilities and obligations arising from the directive.
Scope and applicability of Directive 89/391/EEC
Within the EU legislative framework, Directive 89/391/EEC aims to establish principles for improving measures in favour of health and safety in the workplace.
Specifically, the directive focuses on:
- prevention of occupational risks;
- health and safety protection;
- elimination of risk and accident factors;
- information regarding health and safety in the workplace;
- balanced consultation and participation;
- training of workers and their representatives.
The Directive applies to all sectors, both public and private. However, certain sectors are excluded due to the nature of their activities, which are not compatible with the legislation (e.g. police and military).
The measures set out in the directive must, however, comply with the health and safety legislation of the individual Member States. For this reason, in the case of more favourable provisions in individual transpositions, the Member State may apply local legislation.
This provision refers to a condition also found in Directive 96/71/EC concerning more favourable conditions for posted workers.
Employer’s responsibilities
The employer must ensure the health and safety of workers within the workplace. This obligation can be fulfilled through an internal structure or through external expertise. Outsourcing to third parties does not exempt the employer from its obligations in this regard.
In order to fulfil its obligations, the employer shall follow the following principles:
- prevent occupational risks
- assess risks that cannot be avoided;
- tackle risks at their source;
- adapt the task to the worker to reduce monotony and repetitiveness;
- take into account technological developments;
- plan prevention measures;
- prioritise collective prevention;
- give appropriate instructions to the workers.
In addition, the employer must implement the following based on the company’s activities:
- assess the risks to workers’ health and safety, including those posed by equipment, substances used and the workplace;
- assess the individual’s level of knowledge of health and safety before assigning a task;
- plan the introduction of new techniques within the workplace in consultation with workers and their representatives;
- implement appropriate measures to prevent unauthorised workers from accessing high-risk areas;
- put in place first aid and fire prevention measures;
- keep a list of accidents that incapacitate workers for more than 3 days;
- draw up reports on accidents.
In the event that workers from third-party companies are present on the premises, employers must consult and coordinate with each other on the health and safety measures implemented.
Protection and prevention
When it comes to protecting against and preventing occupational risks, the employer has to appoint one or more workers and/or external services.
The individuals appointed must possess certain objective characteristics:
- the skills and resources needed to do their job;
- a number of people appointed that is proportionate to the size of the company.
Information, consultation and participation of workers
The employer must take all necessary measures to inform workers about occupational risks, protection and prevention. In addition, workers must be kept up to date on the relevant measures implemented.
At the same time, both workers and their representatives must have the opportunity to participate in matters relating to occupational health and safety.
For this reason, the following is fundamental:
- consult with workers;
- give representatives and/or workers the right to make proposals;
- give the opportunity to participate in a balanced manner (in accordance with national legislation).
Training of the workers
The employer must ensure that adequate health and safety training is provided, specifically for the job in question. In particular, training must be provided:
- upon hiring;
- upon change and transition of duties;
- when introducing or changing equipment;
- when introducing new technologies.
Worker training must be continuously adapted to reflect the evolution or emergence of new risks. It must also be repeated as necessary.
In addition, training must always take place during working hours.
Workers’ obligations
Under Directive 89/391/EEC, in addition to the responsibilities and obligations of employers, workers themselves also have obligations regarding occupational health and safety.
Based on their training, workers must pay attention to both their own health and that of people who may be affected by their work.
In this regard, it is essential for workers to:
- use machinery and equipment properly;
- use personal protective equipment correctly;
- Do not alter or move safety devices for machinery and equipment.
- report to the employer or safety representatives any situations that may constitute a serious or immediate danger;
- contribute to ensuring that tasks are carried out in compliance with national health and safety regulations;
- contribute to making it possible to carry out work activities in an environment and conditions that are free from risks to health and safety.
Health check
Alongside measures relating to risks in the workplace, Directive 89/391/EEC stipulates that individual Member States must introduce national legislation and/or practices to ensure adequate health surveillance for workers.
This check can be integrated into the national health system or provided through authorised facilities. In addition, the check can be carried out periodically based on the specific job of the worker and the working environment.
