Council Directive of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (89/654/EEC)

Council Directive

of 30 November 1989

concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

(89/654/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 118 a thereof,

Having regard to the proposal from the Commission(1), submitted after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work,

In cooperation with the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

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 ensure a better level of protection of the safety and health of workers;

Whereas, under the terms of that Article, those directives are to avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized Undertakings;

Whereas the communication from the Commission on its programme concerning safety, hygiene and health at work(4) provides for the adoption of a directive designed to guarantee the safety and health of workers at the workplace;

Whereas, in its resolution of 21 December 1987 on safety, hygiene and health at work(5), the Council took note of the Commission's intention of submitting to the Council in the near future minimum requirements concerning the arrangement of the place of work;

Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health at work is essential to ensure the safety and health of workers;

Whereas this Directive is an individual directive within the meaning of Article 16 (1) of Council Directive 89/391 /EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(6); whereas the provisions of the latter are therefore fully applicable to the workplace without prejudice to more stringent and/or specific provisions contained in the present Directive;

Whereas this Directive is a practical contribution towards creating the social dimension of the internal market;

Whereas, pursuant to Decision 74/325/EEC(7), as last amended by the 1985 Act of Accession, the Advisory Committee on Safety, Hygiene and Health Protection at Work is consulted by the Commission on the drafting of proposals in this field,

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No C 141, 30.5.1988, p. 6, OJ No C 115, 8.5.1989, p. 34 and OJ No C 284, 10.11.1989, p. 8.

(2)

OJ No C 326, 19.12.1988, p. 123 and OJ No C 256, 9.10.1988, p. 51.

(3)

OJ No C 175, 4.7.1988, p. 28.

(4)

OJ No C 28, 3.2.1988, p. 3.

(5)

OJ No C 28, 3.2.1988, p. 1.

(6)

OJ No L 183, 29.6.1989, p. 1.

(7)

OJ No L 185, 9.7.1974, p. 15.