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Document 01992L0057-20190726
Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Consolidated text: Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
01992L0057 — EN — 26.07.2019 — 002.001
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COUNCIL DIRECTIVE 92/57/EEC of 24 June 1992 (OJ L 245 26.8.1992, p. 6) |
Amended by:
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Official Journal |
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No |
page |
date |
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DIRECTIVE 2007/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2007 |
L 165 |
21 |
27.6.2007 |
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REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 |
L 198 |
241 |
25.7.2019 |
Corrected by:
COUNCIL DIRECTIVE 92/57/EEC
of 24 June 1992
on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Article 1
Subject
Article 2
Definitions
For the purposes of this Directive:
‘temporary or mobile construction sites’ (hereinafter referred to as ‘construction sites’) means any construction site at which building or civil engineering works are carried out; a non-exhaustive list of such works is given in Annex I;
‘client’ means any natural or legal person for whom a project is carried out;
‘project supervisor’ means any natural or legal person responsible for the design and/or execution and/or supervision of the execution of a project, acting on behalf of the client;
‘self-employed person’ means any person other than those referred to in Article 3 (a) and (b) of Directive 89/391/EEC whose professional activity contributes to the completion of a project;
‘coordinator for safety and health matters at the project preparations stage’ means any natural or legal person entrusted by the client and/or project supervisor, ►C1 during the project preparation stage ◄ , with performing the duties referred to in Article 5;
‘coordinator for safety and health matters at the project execution stage’ means any natural or legal person entrusted by the client and/or project supervisor, during execution of the project, with performing the duties referred to in Article 6.
Article 3
Appointment of coordinators — Safety and health plan — Prior notice
The Member States may, after consulting both management and the workforce, allow derogations from the provisions of the first subparagraph, except where it is a question of:
In the case of constructions sites:
the client or the project supervisor shall communicate a prior notice drawn up in accordance with Annex III to the competent authorities before work starts.
The prior notice must be clearly displayed on the construction site and, if necessary, periodically updated.
Article 4
Project preparation stage: general principles
The project supervisor, or where appropriate the client, shall take account of the general principles of prevention concerning safety and health referred to in Directive 89/391/EEC during the various stages of designing and preparing the project, in particular:
Article 5
Project preparation stage: duties of coordinators
The coordinator(s) for safety and health matters during the project preparation stage appointed in accordance with Article 3 (1) shall:
coordinate implementation of the provisions of Article 4;
draw up, or cause to be draw up, a safety and health plan setting out the rules applicable to the construction site concerned, taking into account where necessary the industrial activities taking place on the site; this plan must also include specific measures concerning work which falls within one or more of the categories of Annex II;
prepare a file appropriate to the characteristics of the project containing relevant safety and health information to be taken into account during any subsequent works.
Article 6
Project execution stage: duties of coordinators
The coordinator(s) for safety and health matters during the project execution stage appointed in accordance with Article 3 (1) shall:
coordinate implementation of the general principles of prevention and safety:
coordinate implementation of the relevant provisions in order to ensure that employers and, if necessary for the protection of workers, self-employed persons:
make, or cause to be made, any adjustments required to the safety and health plan referred to in Article 5 (b) and the file referred to in Article 5 (c) to take account of the progress of the work and any changes which have occurred;
organize cooperation between employers, including successive employers on the same site, coordination of their activities with a view to protecting workers and preventing accidents and occupational health hazards and reciprocal information as provided for in Article 6 (4) of Directive 89/391/EEC, ensuring that self-employed persons are brought into this process where necessary;
coordinate arrangements to check that the working procedures are being implemented correctly;
take the steps necessary to ensure that only ►C1 authorized persons are ◄ allowed onto the construction site.
Article 7
Responsibilities of clients, project supervisors and employers
Article 8
Implementation of Article 6 of Directive 89/391/EEC
When the work is being carried out, the principles set out in Article 6 of Directive 89/391/EEC shall be applied, in particular as regards:
keeping the construction site in good order and in a satisfactory state of cleanliness;
choosing the location of workstations bearing in mind how access to these workplaces is obtained, and determining routes or areas for the passage and movement and equiment;
the conditions under which various materials are handled;
technical maintenance, pre-commissioning checks and regular checks on installations and equipment with a view to correcting any faults which might affect the safety and health of workers;
the demarcation and laying-out of areas for the storage of various materials, in particular where dangerous materials or substances are concerned;
the conditions under which the dangerous materials used are removed;
the storage and disposal or removal of waste and debris;
the adaptation, based on progress made with the site, of the actual period to be allocated for the various types of work or work stages;
cooperation between employers and self-employed persons;
interaction with industrial activities at the place within which or in the vicinity of which the construction site is located.
Article 9
Obligations of employers
In order to preserve safety and health on the construction site, under the conditions set out in Article 6 and 7, employers shall:
in particular when implementing Article 8, take measures that are in line with the minimum requirements set out in Annex IV;
take into account directions from the coordinator(s) for safety and health matters.
Article 10
Obligations of other groups of persons
In order to preserve safety and health on the construction site, self-employed persons shall:
comply in particular with the following, mutatis mutandis:
the requirements of Article 6 (4) and Article 13 of Directive 89/391/EEC and Article 8 and Annex IV of this Directive;
Article 4 of Directive 89/655/EEC and the relevant provisions of the Annex thereto;
Article 3, Article 4 (1) to (4) and (9) and Article 5 of Directive 89/656/EEC;
take into account directions from the coordinator(s) for safety and health matters.
In order to preserve safety and health on the site, where employers are personally engaged in work activity on the construction site, they shall:
comply in particular with the following, mutatis mutandis:
Article 13 of Directive 89/391/EEC;
Article 4 of Directive 89/655/EEC and the relevant provisions of the Annex thereto;
Articles 3,4(1), (2), (3), (4), (9) and 5 of Directive 89/656/EEC;
take account of the comments of the coordinator(s) for safety and health.
Article 11
Information for workers
Article 12
Consultation and participation of workers
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391/EEC on matters covered by Articles 6, 8 and 9 of this Directive, ensuring whenever necessary proper coordination between workers and/or workers' representatives in undertakings carrying out their activities at the workplace, having regard to the degree of risk and the size of the work site.
Article 13
Amendments to Annex IV
The Commission is empowered to adopt delegated acts in accordance with Article 13a to make strictly technical amendments to Annex IV, in order to take account of technical harmonisation and standardisation regarding temporary or mobile construction sites, as well as technical progress, changes in international regulations or specifications and knowledge in the field of temporary or mobile construction sites.
Where, in duly justified and exceptional cases involving imminent, direct and serious risks to workers’ and other persons’ physical health and safety, imperative grounds of urgency require action in a very short timeframe, the procedure provided for in Article 13b shall apply to delegated acts adopted pursuant to this Article.
Article 13a
Exercise of the delegation
Article 13b
Urgency procedure
Article 14
Final Provisions
They shall forthwith inform the Commission thereof.
▼M1 —————
Article 15
This Directive is addressed to the Member States.
ANNEX I
NON-EXHAUSTIVE LIST OF BUILDING AND CIVIL ENGINEERING WORKS REFERRED TO IN ARTICLE 2 (a) OF THE DIRECTIVE
1. Excavation
2. Earthworks
3. Construction
4. Assembly and disassembly of prefabricated elements
5. Conversion or fitting-out
6. Alterations
7. Renovation
8. Repairs
9. Dismantling
10. Demolition
11. Upkeep
12. Maintenance — Painting and cleaning work
13. Drainage
ANNEX II
NON-EXHAUSTIVE LIST OF WORK INVOLVING PARTICULAR RISKS TO THE SAFETY AND HEALTH OF WORKERS REFERRED TO IN ARTICLE 3 (2), SECOND PARAGRAPH OF THE DIRECTIVE
1. Work which puts workers at risk of burial under earthfalls, engulfment in swampland or falling from a height, where the risk is particularly aggravated by the nature of the work or processes used or by the environment at the place of work or site ( *1 ).
2. Work which puts workers at risk from chemical or biological substances constituing a particular danger to the safety and health of workers or involving a legal requirement for health monitoring.
3. Work with ionizing radiation requiring the designation of controlled or supervised areas as defined in Article 20 of Directive 80/836/Euratom ( 3 ).
4. Work near high voltage power lines.
5. Work exposing workers to the risk of drowning.
6. Work on wells, underground earthworks and tunnels.
7. Work carried out ►C1 by divers having ◄ a system of air supply.
8. Work carried out by workers ►C1 in caissons with ◄ a compressed-air atmosphere.
9. Work involving the use of explosives.
10. Work involving the assembly or dismantling of heavy prefabricated components.
ANNEX III
CONTENT OF THE PRIOR NOTICE REFERRED TO IN ARTICLE 3 (3), FIRST PARAGRAPH ►C1 OF THE DIRECTIVE ◄
ANNEX IV
MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR CONSTRUCTION SITES
Referred to in Article 9 (a) and Article 10 (1) (a) (i) of the Directive
Preliminary remarks
The obligations laid down in this Annex apply wherever required by the features of the construction site, the activity, the circumstances or a hazard.
For the purposes of this Annex, ‘rooms’ covers, inter alia, hutted accommodation.
PART A
GENERAL MINIMUM REQUIREMENTS FOR ON-SITE WORKPLACES
1. Stability and solidity
1.1. |
Materials, equipment and, more generally, any component which, when moving in any way, may affect the safety and health of workers must be stabilized in an appropriate and safe manner. |
1.2. |
Access to any surface involving insufficiently resistant materials is not authorized unless appropriate equipment or means are provided to enable the work to be carried out safely. |
2. Energy distribution installations
2.1. |
The installations must be designed, constructed and used so as not to present a fire or explosion hazard; persons must be adequately protected against the risk of electrocution caused by direct or indirect contact. |
2.2. |
The design, construction and choice of equipment and protection devices must take account of the type and power of the energy distributed, external conditions and the competence of persons with access to parts of the installation. |
3. Emergency routes and exits
3.1. |
Emergency routes and exits must remain clear and lead as directly as possible to a safe area. |
3.2. |
In the event of danger, it must be possible for workers to evacuate all workstations quickly and as safely as possible. |
3.3. |
The number, distribution and dimensions of emergency routes and exits depend on the use, equipment and dimensions of the site and of the rooms and the maximum number of persons that may be present. |
3.4. |
Specific emergency routes and exits must be indicated by signs in accordance with the national regulations implementing Directive 77/576/EEC ( 4 ). Such signs must be sufficiently resistant and be placed at appropriate points. |
3.5. |
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. |
3.6. |
Emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in case the lighting fails. |
4. Fire detection and fire fighting
4.1. |
Depending of the characteristics of the site, the dimensions and use of the rooms, the on-site equipment, the physical and chemical properties of the substances present and the maximum potential number of people present, an adequate number of appropriate fire-fighting devices and, where required, fire detectors and alarm systems must be provided. |
4.2. |
These fire-fighting devices, fire detectors and alarm systems must be regularly checked and maintained. Appropriate tests and drills must take place at regular intervals. |
4.3. |
Non-automatic fire-fighting equipment be easily accessible and simple to use. The equipment must be indicated by signs in accordance with the national regulations implementing Directive 77/576/EEC. Such signs must be sufficiently resistant and placed at appropriate points. |
5. Ventilation
Steps shall be taken to ensure that there is sufficient fresh air, having regard to the working methods used and the physical demands placed on the workers.
If a forced ventilation system is used, it must be maintained in working order and must not expose workers to draughts which are harmful to health.
Any breakdown must be indicated by a control system where this is necessary for workers' health.
6. Exposure to particular risks
6.1. |
Workers must not be exposed to harmful levels of noise or to harmful external influences (e.g. gases, vapours, dust). |
6.2. |
If workers have to enter an area where the atmosphere is liable to contain a toxic or harmful substance or to have an insufficient oxygen level or to be inflammable, the confined atmosphere must be monitored and appropriate steps taken to prevent any hazards. |
6.3. |
A worker may not in any circumstances be exposed to a high-risk confined atmosphere. He must at least be watched at all times from outside and all appropriate precautions must be taken to ensure that he can be assisted effectively and immediately. |
7. Temperature
During working hours, the temperature must be appropriate for human beings, having regard to the working methods used and the physical demands placed on the workers.
8. Natural and artificial lighting of workstations, rooms and traffic routes on the site
8.1. |
Workstations, rooms and traffic routes must as far as possible have sufficient natural lighting and be provided with appropriate and sufficient artificial lighting at night and when natural daylight is inadequate; where necessary, portable light sources that are protected against impact must be used. The colour of artificial light used must not alter or affect the perception of signals or signposts. |
8.2. |
Lighting installations for rooms, workstations and traffic routes 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. |
Rooms, workstations and traffic routes where workers are especially exposed to risks ►C1 in the event of failure of artificial lighting ◄ must be provided with emergency lighting of adequate intensity. |
9. Doors and gates
9.1. |
Sliding doors must be fitted with a safety device to prevent them from being derailed and falling over. |
9.2. |
Doors and gates opening upwards must be fitted with a mechanism to secure them against falling back. |
9.3. |
Doors and gates along escape routes must be appropriately marked. |
9.4. |
In the immediate vicinity of gates intended primarily for vehicle traffic, there must be doors for pedestrian traffic unless it is safe for pedestrians to cross; such doors must be clearly marked and kept free at all times. |
9.5. |
Mechanical doors and gates must operate without any risk of accident to workers. They must be fitted with emergency stop devices which are easily identifiable and accessible and, unless they open automatically in the event of a power-cut, it must be possible for them to be opened manually. |
10. Traffic routes — danger areas
10.1. |
Traffic routes, including stairs, fixed ladders and loading bays and ramps, must be calculated, located, laid out and made negotiable to ensure easy, safe and appropriate access in such a way as not to endanger workers employed in the vicinity of these traffic routes. |
10.2. |
Routes used for pedestrian traffic and/or goods traffic including those used for loading and unloading must be dimensioned in accordance with the number of potential users and the type of activity concerned. If means of transport are used on traffic routes, a sufficient safety clearance or adequate protective devices must be provided for other site users. Routes must be clearly marked, regularly checked and properly maintained. |
10.3. |
Sufficient clearance must be allowed between vehicle traffic routes and doors, gates, passages for pedestrians, corridors and staircases. |
10.4. |
If the site includes limited-access areas, these must be equipped with devices to prevent unauthorized workers from entering. Appropriate measures must be taken to protect workers who are authorized to enter the danger areas. Danger areas must be clearly signposted. |
11. Loading bays and ramps
11.1. |
Loading bays and ramps must be suitable for the dimensions of the loads to be transported. |
11.2. |
Loading bays must have at least one exit point. |
11.3. |
Loading ramps must be sufficiently safe to prevent workers from falling off. |
12. Freedom of movement at the workstation
The floor area at the workstation must be such as to allow workers sufficient freedom of movement to perform their work, taking account of any necessary equipment or applicances present.
13. First aid
13.1. |
The employer must ensure that first aid can be provided, and that the staff trained to provide it can be called upon, at any time. Measures must be taken to ensure that workers who have had an accident or have suddenly been taken ill can be removed for medical treatment. |
13.2. |
One or more first-aid rooms must be provided where the scale of the works or the types of activity being carried out so require. |
13.3. |
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 implementing Directive 77/576/EEC. |
13.4. |
In addition, first-aid equipment must be available at all places where working conditions so require. This equipment must be suitably marked and easily accesible. The address and telephone number of the local emergency service must be clearly displayed. |
14. Sanitary equipment
14.1. Changing rooms and lockers.
14.1.1. Appropriate changing rooms must be provided for workers if they have to wear special work clothes and if, for reasons of health or propriety, they cannot be expected to change in another area.
Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating.
14.1.2. Changing rooms must be sufficiently large and have facilities to enable each worker, where necessary, to dry his working clothes as well as his own clothing and personal effects and to lock them away.
If circumstances so require (e.g. ►C1 dangerous substances ◄ , humidity, dirt), facilities must be provided to enable working clothes to be kept in a place separate from workers' own clothes and personal effects.
14.1.3. ►C1 Provision must be made ◄ for separate changing rooms or separate use of changing rooms for men and women.
14.1.4. If changing rooms are not required as referred to in point 14.1.1, first paragraph, each worker must be provided with a place in which he can lock away his own clothes and personal effects.
14.2. Showers and washbasins
14.2.1. Suitable showers in sufficient numbers must be provided for workers if required by the nature of the work or for health reasons.
►C1 Provision must be made ◄ for separate shower rooms or separate use of shower rooms for men and women.
14.2.2. 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.
14.2.3. Where showers are not required under the first paragraph of 14.2.1, a sufficient number of suitable washbasins with running water (hot water if necessary) must be provided in the vicinity of the workstations and the changing rooms.
►C1 Provision must be made ◄ for separate washbasins, or separate use of washbasins for men and women when so required for reasons of propriety.
14.2.4. Where the rooms housing, the showers or washbasins are separate from the changing rooms, there must be easy communication between the two.
14.3. Lavatories and washbasins
Special facilities with an adequate number of lavatories and washbasins must be provided for workers in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers or washbasins.
►C1 Provision must be made ◄ for separate lavatories or separate use of lavatories for mens and women.
15. Rest rooms and/or accommodation areas
15.1. |
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 as well as the remote nature of the site, so require, workers must be provided with easily accessible rest rooms and/or accommodation areas. |
15.2. |
Rest rooms and/or accommodation areas must be large enough and equipped with an adequate number of tables and seats with backs for the number of workers concerned. |
15.3. |
If there are no facilities of this kind, other facilities must be provided in which workers can stay during interruptions in work. |
15.4. |
Fixed accommodation areas unless used only in exceptional cases, must have sufificient sanitary equipment, a rest room and a leisure room. They must be equipped with beds, cupboards, tables and seats with backs taking account of the number of workers, and be allocated taking account, where appropriate, of the presence of workers of both sexes. |
15.5. |
Appropriate measures should be taken for the protection of non-smokers against discomfort caused by tobacco smoke in rest rooms and/or accommodation areas. |
16. Pregnant women and nursing mothers
Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.
17. Handicapped workers
Workplaces must be organized to take account of handicapped workers, if necessary.
The provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and workstations used or occupied directly by handicapped persons.
18. Miscellaneous provisions
18.1. |
The surroundings and the perimeter of the site must be signposted and laid out so as to be clearly visible and identifiable. |
18.2. |
Workers must be provided at the site with a sufficient quantity of drinking water and possibly another suitable non-alcoholic beverage both in occupied rooms and in the vicinity of workstations. |
18.3. |
Workers must:
—
be provided with facilities enabling them to take their meals in satisfactory conditions,
—
where appropriate, be provided with facilities enabling them to prepare their meals in satisfactory conditions.
|
PART B
SPECIFIC ►C1 MINIMUM REQUIREMENTS FOR ◄ ON-SITE WORKSTATIONS
Preliminary remark
If special situations so dictate, the classification of these minimum requirements into two sections, as below, should not regarded as binding.
Section I
On-site indoor workstations
1. Stability and solidity
Premises must have a structure and stability appropriate to the nature of their use.
2. Emergency doors
Emergency doors must open outwards.
Emergency doors must 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.
Sliding or revolving doors are not permitted if intended as emergency exits.
3. Ventilation
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