Keywords
Summary

Keywords

1. Social policy — Protection of workers' safety and health — Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work — Organisation of activities related to protection against and prevention of occupational risks — Obligation of employers to designate one or more workers to carry out those activities — Obligation taking precedence over that to enlist competent external persons or services — (Council Directive 89/391, Art. 7(1), (3), (4) and (6))

2. Social policy — Protection of workers' safety and health — Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work — Objectives — Promotion of balanced participation of employers and workers in activities related to protection against and prevention of occupational risks — (Council Directive 89/391, Art. 7)

3. Social policy — Protection of workers' safety and health — Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work — Organisation of activities related to protection against and prevention of occupational risks — Employers allowed to choose between internal organisation of those activities and enlistment of external competent services — Effectiveness of the Directive — Not ensured — (Council Directive 89/391, Art. 7(1) and (3))

Summary

1. Article 7 of Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work places the obligations imposed on employers in an order of precedence. Article 7(1) imposes on employers a principal obligation to designate one or more workers to carry out activities related to protection against and prevention of occupational risks. Article 7(3) provides for an obligation to enlist competent external persons or services. However, that obligation is merely subsidiary to that laid down in Article 7(1), since it arises only "if such protective and preventive measures cannot be organised for lack of competent personnel in the undertaking and/or establishment" . Paragraphs 4 and 6 of Article 7 by no means call into question the order of precedence laid down in paragraphs 1 to 3 of that article. Thus, in order to ensure full applicability of Directive 89/391 in a clear and precise manner, its transposition into Netherlands national law must reflect the order of precedence laid down in Article 7.

see paras 20-21, 23, 30

2. The decision, given expression in Article 7 of Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work, to favour, where there is sufficient competent personnel within the undertaking, participation of the workers in the activities related to protection against and prevention of occupational risks over the enlistment of external competent persons or services is an organisational measure consistent with the aim of that directive to favour participation of workers in their own safety. It is clear from the 11th and 12th recitals of the Directive that its aims include a dialogue and balanced participation between employers and workers with a view to adopting the measures necessary for the protection of workers against accidents at work and occupational diseases.

see paras 39-40

3. Allowing employers to choose between internal organisation of activities related to protection against and prevention of occupational risks or the enlistment of external competent services does not contribute to ensuring the effectiveness of Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work but constitutes a failure to fulfil the obligation to ensure full applicability of that directive.

First, Article 7(1) and (3) of that directive clearly lays down an order of precedence with regard to the organisation of those activities within the undertaking. It is only where there is a lack of competent personnel within the undertaking that the employer must enlist external competent services. Second, the aim of Directive 89/391 is to promote balanced participation of employers and workers in activities related to protection against and prevention of occupational risks. It is therefore by giving precedence to the internal organisation of such activities that the best possible effectiveness of the Directive can be ensured.

see paras 53-55