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Extractive industries by means of boreholes

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Extractive industries by means of boreholes

The objective of this Directive is to improve the safety and health conditions of workers in the extractive industries concerned with exploration for and exploitation of minerals by means of boreholes (onshore and offshore), with a higher than average risk.

ACT

Council Directive 92/91/EEC of 3 November 1992 concerning minimum requirements for improving the safety and health protection of workers in the extractive industries (boreholes) (11th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) [See amending acts].

SUMMARY

This Directive lays down the minimum requirements for protecting the health and safety of workers in extractive industries by means of boreholes *.

General obligations of the employer:

In applying this Directive, employers are required to:

  • apply safety considerations to workplaces right from the design stage;
  • ensure that there is a supervisor in charge;
  • entrust work involving a special risk only to suitably qualified staff;
  • ensure that safety instructions are comprehensible to all the workers concerned;
  • provide first aid facilities and run safety exercises at regular intervals.

Before the commencement of work, the employer must satisfy himself that a document on safety and health is prepared and brought up to date (in accordance with Articles 6, 9 and 10 of Directive 89/391/EEC). This document must show, in particular, that the risks run by workers at the workplace have been determined and assessed, that appropriate measures have been taken and that the workplace is designed, operated and maintained in line with safety requirements.

Where workers from more than one firm are present at the same workplace, the employer responsible for the workplace must coordinate the health and safety measures applying to these workers and set them out in the document.

This coordination does not affect the liability of individual employers.

The employer must immediately report fatal and serious occupational accidents and dangerous occurrences.

In terms of protection against fire, explosions and health-endangering atmospheres, employers must take preventive measures appropriate to the nature of the operation in order to:

  • avoid, detect and combat the starting and spread of fires and explosions;
  • prevent the occurrence of explosive and/or health-endangering atmospheres.

Employers shall provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving the workplaces promptly and safely in the event of danger.

Employers shall take the requisite measures to provide the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched immediately if the need arises.

Furthermore, they must inform workers of all measures to be taken concerning safety and health at the workplace.

Every worker must receive or be subject to a health surveillance before they are assigned to duties related to the activities referred to in the Directive and at regular intervals thereafter.

Employers must ensure consultation and participation of workers on the matters covered by the Directive.

Lastly, workplaces used for exploration for and extraction of minerals by means of boreholes must satisfy the minimum health and safety requirements (listed in the Annex).

When workplaces undergo changes, extensions and/or conversions after the date on which this Directive is brought into effect, the employer shall take the measures necessary to ensure that they are in compliance with the minimum requirements laid down in the Annex.

Key terms of the Act

  • Extractive industries (boreholes): all industries engaged in prospecting and extraction activities and in the preparation of extracted materials for sale but not the processing of such extracted materials.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 92/91/EEC

11.11.1992

3.11.1994

OJ L 348 of 28.11.1992

Amending act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2007/30/EC

28.6.2007

31.12.2012

OJ L 165 of 27.6.2007

The successive amendments and corrections to Directive 92/91/EEC have been incorporated into the original text. This consolidated version is for reference only.

Last updated: 13.12.2011

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