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Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied...

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EU-ILO Project «Enhancing the labour administration capacity to improve working conditions and tackle undeclared work» Антоніу Сантуш / António Santos Менеджер проекту / Project manager Kyiv, Ukraine| 25 th October 2018 Council Directive 92/57/EEC of 24 June 1992 On the implementation of the minimum OSH requirements at temporary or mobile construction sites
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Page 1: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

EU-ILO Project «Enhancing the labour administration capacity to improve working conditions and tackle

undeclared work»

Антоніу Сантуш / António Santos Менеджер проекту / Project manager

Kyiv, Ukraine| 25th October 2018

Council Directive 92/57/EECof 24 June 1992

On the implementation of the minimum OSH requirements at temporary or mobile construction sites

Page 2: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Content

Specificities of construction activity

Why a EU directive on OSH in Construction?

Main aspects of the Directive 92/57/EEC

Obligations of the main actors (owner of the work, OSH coordinators, employers and self-employed)

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Page 3: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Specificities of construction activity

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• Existence of different stages (simultaneous and/or successive) in the productive process

• Presence of a decision-maker (the owner of the work) on top of the employer during the entire productive process

• Relevance of the options adopted in the project phase on the OSH conditions of the execution of the work on site (importance of the design phase prevention principle)

• Plurality of actors and resulting conflict (importance of the principle ofcoordination)

Page 4: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Why a EU Directive on OSH in construction?

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Why

Construction sites’ workers are

exposed to highlevel of

occupational risks

50% accidents due to inadequate

architectural optionsand lack of planning on

project phase

Large number ofaccidents due to

lack ofcoordination ofsimultaneous orsuccessive works

Need to ensureproper OSH

conditions to self-employed workers

Need to extend to self-employed and

employers personallyengaged some provisions of

directives on the use of work equipment

and PPE

Page 5: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Main aspects of the Directive 92/57/EEC

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• Prior notice

• Technical compilation of the work (dossier)

• Work safety and health plan (for the project and execution phases) / Safety procedures sheets

• Provisions of OSH framework directive(89/391/EEC) are fully applicable, withoutprejudice to more stringent and/or specificprovisions of this directive

• Provisions of OSH directives on workplaces, workequipment, PPE, chemical agents, etc, are alsoapplicable

• Client/owner of the work

• Project supervisors

• OSH coordinators

• Contractors

• Employers

• Self-employed

• Integration of prevention in the project

• OSH coordination

• General Principles of Prevention (GPP), foreseen in art. 6/2 of EU OSH framework directive89/391/EEC,should be applied in every phase(project and execution of works) and activities onthe construction sites.

Principles Responsibles

InstrumentsOSH

Framework

Page 6: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Obligations of the “client” (owner of the work) or project supervisor (when applicable)

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Clients’ obligations

Appoint one or more OSH coordinators

for project andexecution phases

Draw up andapprove OSH Plan

for project andexecution phases

Draw up, display, keep up-to-date andsend to competentauthority (usually

Labour Inspectorate) a prior notice

(template in annexIII)

Take into accountthe GPP in thevarious phases

• For construction work with more than one project maker/contractor

• Can be derogated (except in case of work involving special risks - as listed in annex II -, or that require prior notice)

•In case of:Work scheduled to last longer than 30

working days and on which more than 20 workers are occupied simultaneously; or

Work which volume is scheduled to exceed 500 person-days

Specially in what concerns:• Decisions on architectural, technical and

organizational options• Estimating the required time• Risk assessment• Decisions on prevention measures to implement

•Construction site rules,•Architectural and technical solutions adopted•Construction site organization and management•Materials and equipment to use•Co-activities planned•Type of works to be performed•Risk assessment•Prevention measures to be adopted in each phase and activity

Page 7: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

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OSH coordinators’ obligationsProject phase

Ensure the consideration of the GPP in the architectural, technical and organizational

options, in the performance of simultaneous and successive activities and on the estimation

of the time required for the activities

Draw up an OSH Plan or ensure its elaboration

Prepare the technical compilation of the work (construction work dossier)

Execution phase

Coordinate the effective implementation of the GPP

Ensure that the OSH plan is followed and complied by all construction site actors

Make any necessary adjustments to the OSH Plan or ensure that they are made

Organize cooperation between employers and the coordination of their activities, also ensuring that self-employed are brought up

into this process

Coordinate arrangements to check that the working procedures are being followed

Ensure that only authorized persons are allowed onto the construction site

Ensure the development of the OSH Plan for the execution phase

Prepare the technical compilation of the work (construction work dossier)

Page 8: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Obligations of the employers

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Employers’ obligations

Ensure compliance with provisions of OSH framework

directive 89/391/EEC,

including the GPP

Observe the minimum OSH

requirements for on-site workplaces

and on-site workstations

(listed in annex IV)

Take into account the guidelines

provided by the OSH coordinators

Page 9: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

Obligations of self-employed

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Self-employedobligations

Take into account OSH coordinators’

guidelines

Comply with the rules concerning work

equipment foreseen in directive 2009/104/EC

Comply with the rules concerning the provision and assessment of PPE

foreseen in directive

89/656/EEC

Comply with directive 89/391/EEC (in particular: OSH

cooperation, workers’ obligations, GPP

implementation and OSH requirements for

on-site workplaces and on-site workstations )

Page 10: Council Directive 92/57/EEC · art. 6/2 of EU OSH framework directive 89/391/EEC,should be applied in every phase (project and execution of works) and activities on the construction

[email protected]

Дякую за увагу!Thank you for your attention!

Gracias por su atención!Obrigado pela vossa atenção!

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