Council Directive of 30 November 1989 on the minimum health and safety 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) (89/656/EEC)

Council Directive

of 30 November 1989

on the minimum health and safety 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)

(89/656/EEC)

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)

OJ No C 161, 20.6.1988, p. 1,

OJ No C 115, 8.5.1989, p. 27 and

OJ No C 287, 15.11.1989, p. 11.

(2)

OJ No C 12, 16.1.1989, p. 92 and

OJ No C 256, 9.10.1989, p. 61.

(3)

OJ No C 318, 12.12.1988, p. 30.

(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.