COUNCIL DIRECTIVE of 29 May 1990 on the minimum safety and health requirements
for work with display screen equipment (fifth individual Directive within
the meaning of Article 16 (1) of Directive 87/391/EEC) (90/270/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) drawn up 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 ensure a better level of protection
of workers' safety and health;
Whereas, under the terms of that Article, those 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 communication from the Commission on its programme concerning
safety, hygiene and health at work (4) provides for the adoption
of measures in respect of new technologies; whereas the Council has taken
note thereof in its resolution of 21 December 1987 on safety, hygiene and
health at work (5);
Whereas compliance with the minimum requirements for ensuring a better level
of safety at workstations with display screens is essential for ensuring
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 use
by workers of display screen equipment, without prejudice to more stringent
and/or specific provisions contained in the present Directive;
Whereas employers are obliged to keep themselves informed of the latest
advances in technology and scientific findings concerning workstation
design so that they can make any changes necessary so as to be able to
guarantee a better level of protection of workers' safety and health;
Whereas the ergonomic aspects are of particular importance for a workstation
with display screen equipment;
Whereas this Directive is a practical contribution towards creating the
social dimension of the internal market;
Whereas, pursuant to Decision 74/325/EEC (7), the Advisory Committee
on Safety, Hygiene and Health Protection at Work shall be consulted by
the Commission on the drawing-up of proposals in this field,
HAS ADOPTED THIS DIRECTIVE:
SECTION
I
GENERAL PROVISIONS
Article 1
Subject
- 1. This
Directive, which is the fifth individual Directive within the meaning
of Article 16 (1) of Directive 89/391/EEC, lays down minimum
safety and health requirements for work with display screen equipment
as defined in Article 2.
- 2. The
provisions of Directive 89/391/EEC are fully applicable to the whole
field referred to in paragraph 1, without prejudice to more stringent
and/or specific provisions contained in the present Directive.
- 3. This
Directive shall not apply to:
(a) drivers' cabs or control cabs for vehicles or machinery;
(b)
computer systems on board a means of transport;
(c)
computer systems mainly intended for public use;
(d)
'portable' systems not in prolonged use at a workstation;
(e)
calculators, cash registers and any equipment having a small data or
measurement display required for direct use of the equipment;
(f)
typewriters of traditional design, of the type known as 'typewriter
with window'.
Article 2
Definitions
For the purpose of this Directive, the following terms shall have the
following meanings:
(a) display screen equipment: an alphanumeric or graphic display screen,
regardless of the display process employed;
(b)
workstation: an assembly comprising display screen equipment, which may
be provided with a keyboard or input device and/or software determining
the operator/machine interface, optional accessories, peripherals including
the diskette drive, telephone, modem, printer, document holder, work chair
and work desk or work surface, and the immediate work environment;
(c)
worker: any worker as defined in Article 3 (a) of Directive 89/391/EEC
who habitually uses display screen equipment as a significant part of
his normal work.
SECTION
II
EMPLOYERS' OBLIGATIONS
Article 3
Analysis of workstations
- 1. Employers
shall be obliged to perform an analysis of workstations in order to
evaluate the safety and health conditions to which they give rise for
their workers, particularly as regards possible risks to eyesight, physical
problems and problems of mental stress.
- 2. Emyployers
shall take appropriate measures to remedy the risks found, on the basis
of the evaluation referred to in paragraph 1, taking account of the
additional and/or combined effects of the risks so found.
Article 4
Workstations put into service for the first time
Employers must take the appropriate steps to ensure that workstations
first put into service after 31 December 1992 meet the minimum requirements
laid down in the Annex.
Article 5
Workstations already put into service
Employers must take the appropriate steps to ensure that workstations
already put into service on or before 31 December 1992 are adapted to
comply with the minimum requirements laid down in the Annex not later
than four years after that date.
Article 6
Information for, and training of, workers
- 1. Without
prejudice to Article 10 of Directive 89/391/EEC, workers shall receive
information on all aspects of safety and health relating to their workstation,
in particular information on such measures applicable to workstations
as are implemented under Articles 3, 7 and 9.
In all cases, workers or their representatives shall be informed of
any health and safety measure taken in compliance with this Directive.
- 2. Without
prejudice to Article 12 of Directive 89/391/EEC, every worker shall
also receive training in use of the workstation before commencing this
type of work and whenever the organization of the workstation is substantially
modified.
Article 7
Daily work routine
The employer must plan the worker's activities in such a way that daily
work on a display screen is periodically interrupted by breaks or changes
of activity reducing the workload at the display screen.
Article 8
Worker consultation and participation
Consultation and participation of workers and/or their representatives
shall take place in accordance with Article 11 of Directive 89/391/EEC
on the matters covered by this Directive, including its Annex.
Article 9
Protection of workers' eyes and eyesight
- 1. Workers
shall be entitled to an appropriate eye and eyesight test carried out
by a person with the necessary capabilities:
- before commencing display screen work,
- at regular intervals thereafter, and
- if they experience visual difficulties which may be due to display
screen work.
- 2. Workers
shall be entitled to an ophthalmological examination if the results
of the test referred to in paragraph 1 show that this is necessary.
- 3. If
the results of the test referred to in paragraph 1 or of the examination
referred to in paragraph 2 show that it is necessary and if normal corrective
appliances cannot be used, workers must be provided with special corrective
appliances appropriate for the work concerned.
- 4. Measures
taken pursuant to this Article may in no circumstances involve workes
in additional financial cost.
- 5. Protection
of workers' eyes and eyesight may be provided as part of a national
health system.
SECTION
III
MISCELLANEOUS PROVISIONS
Article 10
Adaptations to the Annex
The strictly technical adaptations to the Annex to take account of technical
progress, developments in international regulations and specifications
and knowledge in the field of
display screen equipment shall be adopted in accordance with the procedure
laid down in Article 17 of Directive 89/391/EEC.
Article 11
Final provisions
- 1. Member
States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by 31 December 1992.
They shall forthwith inform the Commission thereof.
- 2. Member
States shall communicate to the Commission the texts of the provisions
of national law which they adopt, or have already adopted, in the field
covered by this Directive.
- 3. Member
States shall report to the Commission every four years on the practical
implementation of the provisions of this Directive, indicating the points
of view of employers and workers.
The Commission shall inform the European Parliament, the Council, the
Economic and Social Committee and the Advisory Committee on Safety,
Hygiene and Health Protection at Work.
- 4. The
Commission shall submit a report on the implementation of this Directive
at regular intervals to the European Parliament, the Council and the
Economic and Social Committee, taking into account paragraphs 1, 2
and 3.
Article 12
This Directive is addressed to the Member States.
Done at Brussels, 29 May 1990.
For the Council
The President
B. AHERN
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