- Latest available (Revised)
- Original (As adopted by EU)
Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
This is the original version (as it was originally adopted).
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 118a thereof,
Having regard to the proposal from the Commission(1), drawn up after consultation with the Safety and Health Commission for the Mining and other Extractive Industries,
In cooperation with the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas Article 118a of the EEC Treaty provides that the Council shall adopt, by means of Directives, minimum requirements for encouraging improvements, especially in the working environment, to guarantee a better level of protection of the safety and health of workers;
Whereas, pursuant to that Article, such Directives must avoid imposing administrative, financial and legal constraints which would hold back the creation and development of small and medium-sized undertakings;
Whereas the improvement of workers' safety, hygiene and health at work is an objective which should not be subordinated to purely economic considerations;
Whereas Council Directive 89/654/EEC 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(4)) does not apply to the extractive industries;
Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health for the mineral-extracting industries through drilling is essential to ensure the safety and health of workers;
Whereas the mineral-extracting industries through drilling constitute an area of activity likely to expose workers to particularly high levels of risk;
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(5); whereas, therefore, the provisions of the said Directive apply in full to the mineral-extracting industries through drilling without prejudice to more stringent and/or specific provisions contained in this Directive;
Whereas this Directive is a practical contribution towards creating the social dimension of the internal market,
HAS ADOPTED THIS DIRECTIVE:
1.This Directive, which is the eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for the safety and health protection of workers in the mineral-extracting industries through drilling defined in Article 2 (a).
2.The provisions of Directive 89/391/EEC shall apply in full to the sphere referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.
For the purpose of this Directive:
mineral-extracting industries through drilling shall mean all the industries practising:
extraction, in the strict sense of the word, of minerals through drilling by boreholes, and/or
prospection with a view to such extraction,
and/or
preparation of extracted materials for sale, excluding the activities of processing the materials extracted;
workplace shall mean the whole area intended to house workstations, relating to the immediate and ancillary activities and installations of the mineral-extracting industries through drilling, including accommodation, where provided, to which workers have access in the context of their work.
1.To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that:
(a)workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers;
(b)the operation of workplaces when workers are present takes place under the supervision of a person in charge;
(c)work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given;
(d)all safety instructions are comprehensible to all the workers concerned;
(e)appropriate first-aid facilities are provided;
(f)any relevant safety drills are performed at regular intervals.
2.The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391 /EEC, is drawn up and kept up to date.
The safety and health document shall demonstrate in particular:
that the risks incurred by the workers at the work place have been determined and assessed,
that adequate measures will be taken to attain the aims of this Directive,
that the design, use and maintenance of the workplace and of the equipment are safe.
The safety and health document must be drawn up prior to the commencement of work and be revised if the workplace has undergone major changes, extensions or conversions.
3.Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control.
The employer who, in accordance with national laws and /or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it.
The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC.
4.The employer shall, without delay, report any serious and /or fatal occupational accidents and situations of serious danger to the competent authorities.
If necessary, the employer shall update the safety and health document recording measures taken to avoid any repetition.
The employer shall take measures and precautions appropriate to the nature of the operation:
to avoid, detect and combat the starting and spread of fires and explosions,
and
to prevent the occurance of explosive and/or health-endangering atmospheres.
The employer 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.
The employer 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.
1.Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken concerning safety and health at workplaces, and in particular of those relating to the implementation of Article 3 to 6.
2.The information must be comprehensible to the workers concerned.
1.To ensure that workers receive health surveillance appropriate to the health and safety risks they incur at work, measures shall be introduced in accordance with national law and/or practices.
2.The measures referred to in paragraph 1 shall be such that each worker shall be entitled to or shall undergo health surveillance before being assigned to duties related to the activities referred to in Article 2 and subsequently at regular intervals.
3.Health surveillance may be provided as part of a national health system.
Consultation and participation of workers and/or of their representatives shall take place in accordance with Article 11 of Directive 89/391 /EEC on the matters covered by this Directive.
1.Workplaces used for the first time after the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex.
2.Workplaces already in use before the date on which this Directive is brought into effect as referred to in Article 12 (1) must satisfy the minimum safety and health requirements laid down in the Annex as soon as possible and at the latest five years after that date.
3.When workplaces undergo changes, extensions and /or conversions after the date on which this Directive is brought into effect as referred to in Article 12 (1), the employer shall take the measures necessary to ensure that those changes, extensions and/or conversions are in compliance with the corresponding minimum requirements laid down in the Annex.
Purely technical adjustments to the Annexes in line with:
the adoption of Directives in the field of technical harmonization and standardization concerning the mineral-extracting industries through drilling,
and/or
technical progress, changes in international regulations or specifications, and new findings concerning the mineral-extracting industries through drilling,
shall be adopted in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC.
1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 24 months after its adoption. They shall forthwith inform the Commission thereof.
2.When Member States adopt the provisions referred to in paragraph 1, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.
3.Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or are adopt in the field governed by this Directive.
4.Member States shall report to the Commission every five years on the practical implementation of this Directive, indicating the views of employers and workers.
The Commission shall inform the European Parliament, the Council, the Economic and Social Committee, the Safety and Health Commission for the Mining and Other Extractive Industries and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof.
This Directive is addressed to the Member States.
Done at Brussels, 3 November 1992.
For the Council
The President
Denton of Wakefield
The obligations laid down in this Annex apply whenever required by the features of the workplace, the activity, the circumstances or a specific risk.
Workplaces must be designed, constructed, erected, operated, supervised and maintained to withstand the environmental forces anticipated.
They must have a structure and solidity appropriate to the nature of their use.
A responsible person who has the skills and competence required for this duty, in accordance with the national laws and/or practices, and who has been appointed by the employer, must at all times be in charge of every workplace when workers are present.
The employer may personally assume responsibility for the workplace as referred to in the first paragraph, if he has the skills and competence required for the purpose, in accordance with national laws and/or practices.
To ensure workers' safety and health protection during all operations undertaken, the necessary supervision must be provided by persons having the skills and competence for this duty, in accordance with the national laws and /or practices, having been appointed by the employer or on his behalf and acting on his behalf.
The employer may personally undertake the supervision referred to in the first subparagraph if he has the skills and competence required for the purpose, in accordance with national laws and/or practices.
When workers are present at any workplace, there must be a sufficient number of workers with the requisite skills, experience and training to perform the tasks assigned to them.
Workers must be given the necessary information, instructions, training and retraining to ensure their health and safety.
The employer must ensure that workers receive comprehensible instructions so as not do endanger their safety and health or those of other workers.
Written instructions specifying rules to be observed to ensure the safety and health of workers and the safe use of equipment must be drawn up for every workplace.
These must include information on the use of emergency equipment and action to be taken in the event of an emergency at or near the workplace.
Safe working methods must be applied at each workplace or in respect of each activity.
There required by the safety and health document, a system of work permits must be introduced for carrying out both hazardous activities and usually straightforward activities which may interact with other activities to cause serious hazards.
Work permits must be issued by a person in charge prior to the commencement of work and must specify the conditions to be fulfilled and the precautions to be taken before, during and after the work.
The employer must ensure that the measures taken to protect the safety and health of the workers, including the safety and health management system, are regularly reviewed to ensure compliance with this Directive.
Selection, installation, commissioning, operation and maintenance of mechanical and electrical equipment must take place with due regard for the safety and health of workers, taking into consideration other provisions of this Directive and of Directives 89/392/EEC(6) and 89/655/EEC(7).
If located in an area within which risk of fire or explosion from ignition of gas, vapour or volatile liquid exists or is likely to exist, it must be suitable for use in that area.
Equipment must, if necessary, be fitted with suitable protective devices and fail-safe systems.
Mechanical equipment and plant must be of adequate strength and free from patent defect and suitable for the purpose for which it is intended.
Electrical equipment and plant must be of sufficient size and power for the purpose for which it is intended.
A suitable scheme should be set up providing for the systematic examination, maintenance and, where appropriate, testing of mechanical and electrical equipment and plant.
All maintenance, examination and testing of any part of the plant and equipment must be carried out by a competent person.
Records of examinations and tests must be made and kept in an appropriate manner.
Adequate safety equipment must be maintained ready for use and in good working order at all times.
Maintenance must be undertaken with due regard to operations.
Suitable well control equipment must be provided for use during borehole operations to protect against blowouts.
Deployment of such equipment must take into account the prevailing well and operational conditions.
Where required by the safety and health document, monitoring devices measuring gas concentrations at specified places automatically and continuously, automatic alarms and devices to cut off power automatically from electrical installations and internal combustion engines must be provided.
Where automatic measurements are provided for, the values measured must be recorded and kept as stipulated in the safety and health document.
The system must be capable of dispersing such harmful atmosphere in such a way that workers are not at risk.
In such cases, a sufficient number of workers trained to use such equipment must be present at the workplace.
The equipment must be suitably stored and maintained.
Accommodation and rest rooms must have at least two separate escape routes situated as far apart as possible and leading to a safe area, a safe assembly point or a safe evacuation point.
Emergency doors should 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.
The 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.
If a forced ventilation system is used, it must be maintained in working order.
Any breakdown must be indicated by a control system where this is necessary for workers' health.
Any deposit or dirt likely to create an immediate danger to the health of workers by polluting the atmosphere must be removed without delay.
Workplaces containing workstations must be adequately insulated against heat, bearing in mind the type of undertaking involved and the physical activity of the workers.
Where workplaces are occupied only occasionally, the obligation referred to in the first paragraph is limited to the period during which workers are present.
They must not be positioned so as to constitute a hazard to workers when open.
It must be possible to open them from the inside at any time without special assistance.
It must be possible to open the doors when the workplaces are occupied.
They must be fitted with easily identifiable and accessible emergency shut-down devices and, unless they open automatically in the event of a power failure, it must also be possible to open them manually.
If means of transport are used on traffic routes, a sufficient safety clearance must be provided for pedestrians.
This provision does not apply if the workers are employed in offices or similar workrooms providing equivalent relaxation during breaks.
Appropriate measures should be taken for the protection of non-smokers against discomfort caused by tobacco smoke.
are protected against inclement weather conditions and if necessary against falling objects;
are not exposed to harmful noise levels nor to harmful external influences such as gases, vapours or dust;
are able to leave their workstations swiftly in the event of danger or are able to be rapidly assisted;
cannot slip or fall.
Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.
Workplaces must be organized to take account of handicapped workers, if necessary.
This provision applies in particular to the doors, passageways, staircases, showers, washbasins, lavatories and workstations used or occupied directly by handicapped persons.
Provision must be made for fast and effective fire fighting.
Such signs must be placed at appropriate points and be made to last.
Where required by the safety and health document, certain equipment must be capable of remote control at suitable locations in the event of an emergency.
Such equipment must include systems for the isolation and blowdown of wells, plant and pipelines.
an acoustic and optical system capable of transmitting an alarm indication to every manned part of the workplace as necessary;
an acoustic system capable of being heard distinctly at all parts of the installation where workers are frequently present.
Where required by the safety and health document, safe assembly points should be specified, muster lists should be maintained and the necessary action should be taken.
Safety drills must be held at regular intervals at all workplaces at which workers are usually present.
The main purpose of such drills is to train and check the skills of workers to whom specific duties have been assigned in the event of emergency involving the use, handling or operation of emergency equipment, taking into account the criteria laid down in the safety and health document referred to in point 1.1.
Where appropriate, workers, who have been so assigned, should also be drilled in the correct use, handling or operation of that equipment.
Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating.
If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes must be separate from those for ordinary clothes.
Provision must be made to enable wet work clothes to be dried.
Provision must be made for separate shower rooms or separate use of shower rooms for men and women.
The showers must be equipped with hot and cold running water.
Such washbasins must be separate for, or used separately by, men and women when so required for reasons of propriety.
Separate facilities must be provided in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers or washbasins, with an adequate number of lavatories and washbasins.
Provision must be made for separate lavatories or separate use of lavatories for men and women.
One or more first aid rooms must be provided.
Clearly visible first aid instruction in the event of accidents must be displayed in these rooms.
They must be signposted in accordance with the national regulations transposing Directive 92/58/EEC into law.
This equipment must be suitably marked and easily accessible.
Where road vehicles enter the workplace, traffic regulations must be established as necessary.
To this end, the document must:
identify the special sources of hazard associated with the workplace, including any concomitant activity which could cause accidents likely to have serious consequences for the health and safety of the workers concerned;
assess the risks involved in the special sources of hazard referred to in (a);
show that adequate precautions have been taken to avoid the accidents referred to in (a), to limit the spread of accidents and to allow efficient and controlled evacuation of the workplace in emergency situations;
show that the management system is adequate to comply with the provisions of Directive 89/391/EEC and this Directive in both normal and critical situations.
Where appropriate, fire walls should be provided for the purpose of segregating fire risk areas.
These may include but are not limited to:
fire detection systems,
fire alarms,
fire water mains,
fire hydrants and hoses,
water deluge systems and water monitors,
automatic sprinkler systems,
gas extinguishant systems,
foam systems,
portable fire extinguishers,
fireman's equipment.
Such systems shall be duplicated where appropriate.
Such signs must be placed at appropriate points and be made to last.
That system must incorporate monitoring stations at suitable locations which may be used in the event of an emergency including, if necessary, monitoring stations at safe assembly points and evacuation stations.
an acoustic and optical system capable of transmitting an alarm to every manned part of the workplace as necessary,
an acoustic system capable of being heard distinctly in all parts of the installation where workers are frequently present,
a system capable of maintaining communication with the shore and rescue services.
The acoustic system should be supplemented by communication systems which are not reliant on vulnerable power supplies.
These measures must be such as to provide protection to workers for a sufficient period to enable safe evacuation, escape and rescue to be organized and carried out where necessary.
Their names must be noted in the written instructions referred to in point 3.6 of Part A.
In addition to general emergency training, workers must receive training specific to the workplace which should be specified in the safety and health document referred to in point 1.1 concerning that workplace.
The plan, which must be based on the safety and health document referred to in point 1.1, must provide for the use of standby vessels and helicopters and include criteria concerning the capacity and response time of standby vessels and helicopters.
The required response time must be given in the safety and health document for each installation.
Standby vessels must be designed and equipped to meet evacuation and rescue requirements.
must be suitable and equipped to maintain life for a sufficient time,
must be in sufficient number of all the workers likely to be present,
must be of a type suitable for the workplace,
must be properly constructed of suitable materials having regard to their life-saving function and the circumstances in which they may be used and kept ready for use, and
must be of such colour as will make them conspicuous when in use, and equipped with devices such that the user can use them to attract the attention of rescuers.
At workplaces at which workers are usually present, safety drills must be held at regular intervals in which:
all workers to whom specific duties have been assigned involving the use, handling or operation of emergency equipment are trained and examined in the execution of such duties, taking into account the criteria laid down in the safety and health document referred to in point 1.1.
Where appropriate, workers must also be drilled in the correct use, handling or operation of that equipment,
all emergency equipment used in the drill is examined, cleaned and, where appropriate, recharged or replaced and all portable equipment so used is returned to the place where it is ordinarily kept,
survival craft are verified for operation.
Changing rooms must be easily accessible, be of sufficient capacity and be provided with seating.
If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work clothes must be separate from those for ordinary clothes.
Provision must be made to enable wet work clothes to be dried.
In addition to those facilities provided in any accommodation area, suitable showers and washing facilities must if necessary be provided in the vicinity of workstations.
In addition to those facilities provided in any accommodation, lavatories and washbasins must if necessary be provided in the vicinity of workstations.
Provision must be made for separate lavatories or separate use of lavatories for men and women.
They must be signposted in accordance with national rules transposing Directive 92/58/EEC into law.
This equipment must be suitably signposted and easily accessible.
suitably protected against the effects of explosion, the infiltration of smoke and gas and the outbreak and spread of fire as identified in the safety and health document referred to in point 1.1,
suitably equipped with ventilation, heating and lighting facilities,
provided at each level with at least two independent exits leading to escape routes,
protected against noise, smells and fumes likely to be hazardous to health from other areas, and against inclement weather,
separate from any workstation and located away from dangerous areas.
Any room designated as sleeping accommodation must contain adequate space for the occupants to store their clothes.
Separate sleeping rooms for men and women must be provided.
Provision must be made for separate shower rooms or separate use of shower rooms for men and women.
Showers must be sufficiently spacious to permit each worker to wash without hindrance in suitably hygienic conditions.
Provision must be made for separate facilities or separate use of such facilities for men and women.
The helicopter deck must be of a design and construction adequate for the intended service.
OJ No L 183, 29. 6. 1989, p. 9. Directive as amended by Directive 91/368/EEC (OJ No L 198, 22. 7. 1991, p. 16).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: