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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 Commission proposal(1), submitted after consultation with 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 designed to encourage improvements, especially in the working environment, to guarantee greater protection of the health and safety of workers;
Whereas, under the said Article, such directives shall 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 Commission communication on its programme concerning safety, hygiene and health at work(4) provides for the adoption of a directive on the use of personal protective equipment at work;
Whereas the Council, in its resolution of 21 December 1987 concerning safety, hygiene and health at work(5), noted the Commission's intention of submitting to it in the near future minimum requirements concerning the organization of the safety and health of workers at work;
Whereas compliance with the minimum requirements designed to guarantee greater health and safety for the user of personal protective equipment 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, consequently, the provisions of the said Directive apply fully to the use by workers of personal protective equipment at the workplace, without prejudice to more stringent and/or specific provisions contained in this Directive;
Whereas this Directive constitutes a practical step towards the achievement of the social dimension of the internal market;
Whereas collective means of protection shall be accorded priority over individual protective equipment; whereas the employer shall be required to provide safety equipment and take safety measures;
Whereas the requirements laid down in this Directive should not entail alterations to personal protective equipment whose design and manufacture complied with Community directives relating to safety and health at work;
Whereas provision should be made for descriptions which Member States may use when laying down general rules for the use of individual protective equipment;
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 with a view to drawing up proposals in this field,
HAS ADOPTED THIS DIRECTIVE:
1.This Directive, which is the third individual directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum requirements for personal protective equipment used by workers at work.
2.The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to in paragraph 1, without prejudice to more [X1stringent] and/or specific provisions contained in this Directive.
Editorial Information
X1 Substituted by Corrigendum to Council Directive 89/656/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (Official Journal of the European Communities No L 393 of 30 December 1989).
1.For the purposes of this Directive, personal protective equipment shall mean all equipment designed to be worn or held by the worker to protect him against one or more hazards likely to endanger his safety and health at work, and any addition or accessory designed to meet this objective.
2.The definition in paragraph 1 excludes:
(a)ordinary working clothes and uniforms not specifically designed to protect the safety and health of the worker;
(b)equipment used by emergency and rescue services;
(c)personal protective equipment worn or used by the military, the police and other public order agencies;
(d)personal protective equipment for means of road transport;
(e)sports equipment;
(f)self-defence or deterrent equipment;
(g)portable devices for detecting and signalling risks and nuisances.
Personal protective equipment shall be used when the risks cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organization.
1.Personal protective equipment must comply with the relevant Community provisions on design and manufacture with respect to safety and health.
All personal protective equipment must:
(a)be appropriate for the risks involved, without itself leading to any increased risk;
(b)correspond to existing conditions at the workplace;
(c)take account of ergonomic requirements and the worker's state of health;
(d)fit the wearer correctly after any necessary adjustment.
2.Where the presence of more than one risk makes it necessary for a worker to wear simultaneously more than one item of personal protective equipment, such equipment must be compatible and continue to be effective against the risk or risks in question.
3.The conditions of use of personal protective equipment, in particular the period for which it is worn, shall be determined on the basis of the seriousness of the risk, the frequency of exposure to the risk, the characteristics of the workstation of each worker and the performance of the personal protective equipment.
4.Personal protective equipment is, in principle, intended for personal use.
If the circumstances require personal protective equipment to be worn by more than one person, appropriate measures shall be taken to ensure that such use does not create any health or hygiene problem for the different users.
5.Adequate information on each item of personal protective equipment, required under paragraphs 1 and 2, shall be provided and made available within the undertaking and/or establishment.
6.Personal protective equipment shall be provided free of charge by the employer, who shall ensure its good working order and satisfactory hygienic condition by means of the necessary maintenance, repair and replacements.
However, Member States may provide, in accordance with their national practice, that the worker be asked to contribute towards the cost of certain personal protective equipment in circumstances where use of the equipment is not exclusive to the workplace.
7.The employer shall first inform the worker of the risks against which the wearing of the personal protective equipment protects him.
8.The employer shall arrange for training and shall, if appropriate, organize demonstrations in the wearing of personal protective equipment.
9.Personal protective equipment may be used only for the purposes specified, except in specific and exceptional circumstances.
It must be used in accordance with instructions.
Such instructions must be understandable to the workers.
1.Before choosing personal protective equipment, the employer is required to assess whether the personal protective equipment he intends to use satisfies the requirements of Article 4(1) and (2).
This assessment shall involve:
(a)an analysis and assessment of risks which cannot be avoided by other means;
(b)the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in (a), taking into account any risks which this equipment itself may create;
(c)comparison of the characteristics of the personal protective equipment available with the characteristics referred to in (b).
2.The assessment provided for in paragraph 1 shall be reviewed if any changes are made to any of its elements.
1.Without prejudice to Articles 3, 4 and 5, Member States shall ensure that general rules are established for the use of personal protective equipment and/or rules covering cases and situations where the employer must provide the personal protective equipment, taking account of Community legislation on the free movement of such equipment.
These rules shall indicate in particular the circumstances or the risk situations in which, without prejudice to the priority to be given to collective means of protection, the use of personal protective equipment is necessary.
Annexes I, II and III, which constitute a guide, contain useful information for establishing such rules.
2.When Member States adapt the rules referred to in paragraph 1, they shall take account of any significant changes to the risk, collective means of protection and personal protective equipment brought about by technological developments.
3.Member States shall consult the employers' and workers' organization on the rules referred to in paragraphs 1 and 2.
Without prejudice to Article 10 of Directive 89/391/EEC, workers and/or their representatives shall be informed of all measures to be taken with regard to the health and safety of workers when personal protective equipment is used by workers at work.
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, including the Annexes thereto.
The Commission is empowered to adopt delegated acts in accordance with Article 9a to make strictly technical amendments to the Annexes, in order to take account of technical harmonisation and standardisation relating to personal protective equipment, technical progress, changes in international regulations or specifications and knowledge in the field of personal protective equipment.
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 9b shall apply to delegated acts adopted pursuant to this Article.]
Textual Amendments
F1 Substituted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for a period of five years from 26 July 2019 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 9 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (9) .
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 9 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Textual Amendments
F2 Inserted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).
1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and the Council shall state the reasons for the use of the urgency procedure.
2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 9a(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.]
Textual Amendments
F2 Inserted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).
1.Member States shall bring; into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 31 December 1992. They shall immediately inform the Commission thereof.
2.Member States shall communicate to the Commission the text of the provisions of national law which they adopt, as well as those already adopted, in the field covered by this Directive.
F33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3 Deleted by Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation (Text with EEA relevance).
This Directive is addressed to the Member States.
Textual Amendments
Helmets and/or caps/balaclavas/headgears against:
Impacts caused by falling or ejected object
Collision with an obstacle
Mechanical risks (perforation, abrasion)
Static compression (lateral crushing)
Thermal risks (fire, heat, cold, hot solids including molten metals)
Electric shock and live working
Chemical risks
Non-ionizing radiation (UV, IR, solar or welding radiation)
Hairnets against risk of entanglement
Earmuffs (including e.g. earmuffs attached to a helmet, active noise reduction earmuffs, earmuffs with electrical audio input)
Earplugs (including e.g. level-dependent earplugs, earplugs adapted to the individual)
Spectacles, goggles and face shields (prescription lenses where appropriate) against:
Mechanical risks
Thermal risks
Non-ionizing radiation (UV, IR, solar or welding radiation)
Ionizing radiation
Solid aerosols and liquids of chemical and biological agents
Filtering devices against:
Particles
Gases
Particles and gases
Solid and/or liquid aerosols
Insulating devices, including with an air supply
Self-rescue devices
Diving equipment
Gloves (including mittens and arm protection) against:
Mechanical risks
Thermal risks (heat, flame and cold)
Electric shock and live working (antistatic, conductive, insulating)
Chemical risks
Biological agents
Ionizing radiation and radioactive contamination
Non-ionizing radiation (UV, IR, solar or welding radiation)
Vibration risks
Finger stalls
Footwear (e.g. shoes, including in certain circumstances clogs, boots that may have steel toe-caps) to protect against:
Mechanical risks
Slipping risks
Thermal risks (heat, flame and cold)
Electric shock and live working (antistatic, conductive, insulating)
Chemicals risks
Vibration risks
Biological risks
Removable instep protectors against mechanical risks
Kneepads against mechanical risks
Gaiters against mechanical, thermal and chemical risks and biological agents
Accessories (e.g. spikes, crampons)
There could be barrier creams to protect against:
Non ionizing radiation (UV, IR, solar or welding radiation)
Ionizing radiation
Chemicals
Biological agents
Thermal risks (heat, flame and cold)
Personal protective equipment for protection against falls from a height, such as retractable type fall arresters, full body harnesses, sit harnesses, belts for work positioning and restraint and work positioning lanyards, energy absorbers, guided-type fall arresters including an anchor line, rope adjustment devices, anchor devices that are not designed to be permanently fixed and that do not require fastening works before use, connectors, lanyards, rescue harness
Protective clothing, including whole body (i.e. suits, overalls) protection and partial body (i.e. gaiters, trousers, jackets, waistcoats, aprons, kneepads, hoods, balaclavas) protection against:
Mechanical risks
Thermal risks (heat, flame and cold)
Chemicals
Biological agents
Ionizing radiation and radioactive contamination
Non-ionizing radiation (UV, IR, solar or welding radiation)
Electric shock and live working (antistatic, conductive, insulating)
Entanglement and trapping
Lifejackets for prevention of drowning and buoyancy aids
PPE for signalling the user’s presence visually]
Risks | Body part affected Type of PPE | Examples of activities where the use of the corresponding type of PPE may be necessary (*) | Industry and Sectors |
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PHYSICAL — MECHANICAL | |||
Impact caused by falling or ejected objects, collision with an obstacle and high-pressure jets | Cranium Protective helmet |
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Eyes and/or face Spectacles, goggles and face shields |
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| |
Foot and leg (parts) Footwear (shoes/boots, etc.) with safety or protective toecap Footwear with metatarsal protection |
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| |
Falls due to slipping | Foot Slip-resistant footwear |
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Falls from a height | Whole body PPE designed to prevent or arrest falls from height |
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Vibration | Hands Protective Gloves |
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Static compression of parts of the body | Knee (leg parts) Kneepads |
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Foot Footwear with toecaps |
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Mechanical injuries (abrasion, perforation, cuts, bites, wounds or stabs) | Eyes and/or face Spectacles, goggles, face shields |
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Hands Mechanical protective gloves |
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Forearms Arm protection |
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Trunk/Abdomen/Leg Protective apron, gaiters Penetration resistance trousers (cut-resistant trousers) |
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Foot Penetration resistance footwear |
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Entanglement and trapping | Whole body Protective clothing for use where there is a risk of entanglement with moving parts |
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PHYSICAL — NOISE | |||
Noise | Ears Hearing protectors |
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PHYSICAL — THERMAL | |||
Heat and/or fire | Face/Whole head Welding headshields, helmets/caps against heat or fire, protective hoods against heat and/or flame |
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Trunk/abdomen/legs Protective apron, gaiters |
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Hand Protective gloves against heat and/or flame |
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Forearms Sleeves |
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Foot Footwear against heat and/or flame |
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Whole/partial body Protective clothing against heat and/or flame |
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Cold | Hand Protective gloves against cold Foot Footwear against cold |
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Whole/partial body including head Protective clothing against cold |
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PHYSICAL — ELECTRICAL | |||
Electric shock (direct or indirect contact) | Whole head Electrically insulating helmets Hands Electrically insulating gloves Foot Electrically insulating footwear Whole body/Hands/Foot Conductive PPE intended to be worn by skilled persons during live working at a nominal power system voltage up to 800 kV AC and 600 kV DC |
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Static electricity | Hands Antistatic gloves Foot Antistatic/conductivefootwear Whole body Antistatic clothing |
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PHYSICAL — RADIATION | |||
Non-ionizing radiation, including sunlight (other than direct observation) | Head Caps and helmets |
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Eyes Protective spectacles, goggles and face shields |
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Whole body (skin) PPE against Natural and artificial UV |
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Ionizing radiation | Eyes Protective spectacles/goggles against ionizing radiation Hands Protective gloves against ionizing radiation |
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Trunk/abdomen/partial body Protective apron against x-rays /Coat/Vest/Skirt against x-rays |
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Head Headwear & Caps PPE for protection against e.g. development of brain tumours |
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Partial body PPE for thyroid protection PPE for gonads protection |
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Whole body Protective clothing against ionizing radiation |
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Risks | Body part affected Type of PPE | Examples of activities where the use of the corresponding type of PPE may be necessary (*) | Industry and Sectors |
---|---|---|---|
CHEMICAL — AEROSOLS | |||
Solid (dusts, fumes, smokes, fibres, and nano-material) | Respiratory system Respiratory protective devices against particles |
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Hands Chemical Protective gloves and barrier cream as an additional/accessory protection |
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Whole body Protective clothing against solid particles |
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Eyes Spectacles/goggles and face shields |
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Liquid (mists and fogs) | Respiratory system Respiratory protective devices against particles |
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Hands Chemical protective gloves |
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Whole body Chemical protective clothing |
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CHEMICAL — LIQUIDS | |||
Immersion Splashes, sprays and jets | Hands Chemical protective gloves, |
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Forearms Chemical protective sleeves |
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Foot Chemical protective boots |
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Whole body Chemical protectiveclothing |
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CHEMICAL — GASES AND VAPOURS | |||
Gases and vapours | Respiratory system Respiratory protective devices against gases |
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Hands Chemical protective gloves |
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Whole body Chemical protective clothing |
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Eyes Spectacles, goggles and face shields |
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Risks | Body part affected Type of PPE | Examples of activities where the use of the corresponding type of PPE may be necessary (*) | Industry and Sectors |
---|---|---|---|
BIOLOGICAL AGENTS (contained in) - AEROSOLS | |||
Solids and liquids | Respiratory system Respiratory protective devices against particles |
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Hands Protective gloves against microorganisms Whole/partial body Protective clothing against biological agents Eyes and/or face Protective spectacles, goggles and face shields |
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BIOLOGICAL AGENTS (contained in) - LIQUIDS | |||
Direct and indirect contact | Hands Protective gloves against microorganisms Whole/partial body Protective clothing against biological agents Eyes and/or face Protective goggles and face shields |
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Splashes, sprays and jets | Hands Protective gloves against microorganisms |
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Forearms Protective sleeves against microorganisms |
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Foot/legs Protective over boots and gaiters |
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Whole body Protective clothing against biological agents |
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BIOLOGICAL AGENTS (contained in) – MATERIALS, PERSONS, ANIMALS, ETC. | |||
Direct and indirect contact | Hands Protective gloves against microorganisms Whole/partial body Protective clothing against biological agents Eyes and/or face Protective goggles and face shields |
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Risks | Body part affected Type of PPE | Examples of activities where the use of the corresponding type of PPE may be necessary (*) | Industry and Sectors |
---|---|---|---|
Non-visibility | Whole body PPE for signalling the user’s presence visually |
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Oxygen deficiency | Respiratory system Insulating respiratory protectives devices |
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Respiratory system Diving equipment |
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Drowning | Whole body Life jacket |
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See the Commission communication (OJ No C 328, 30.12.1989, p. 3).
[F4In certain circumstances, as a result of the risk assessment, barrier creams could be used together with other PPE with the aim of protecting workers’ skin from related risks. Barrier creams are PPE under the scope of Directive 89/656/EEC as this type of equipment can be considered in certain circumstances as ‘ additional or accessory ’ within the meaning of Article 2 of Directive 89/656/EEC. However, barrier creams are not PPE according to the definition in Article 3(1) of Regulation (EU) 2016/425.]
Textual Amendments
F2 Inserted by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 adapting a number of legal acts providing for the use of the regulatory procedure with scrutiny to Articles 290 and 291 of the Treaty on the Functioning of the European Union (Text with EEA relevance).
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