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Module 00
TRAINING MATERIAL
ON RISK ASSESSMENT AT WORKPLACE INTRODUCTORY MODULE

THE LEGAL FRAMEWORK


The main OSH issues are introduced by the Framework 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”. The Directive contains general principles concerning the prevention of occupational risks, the protection of safety and health, the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national laws and/or practices and training of workers and their representatives. It is worth mentioning that, according to the Eurpean Court of Justice (ECJ), in a judgement of the Framework Directive, the enumeration of health and safety risks in this Directive is not exhaustive and thus goes beyond those explicitely mentioned. According to the ECJ, the concepts “working environment”, “health” and “safety” embrace all physical and other factors, and are covered directly or indirectly by the Framework Directive and other Directives, such as the Working Time Directive (93/104/EC). The Council has adopted individual directives, in different areas, within the meaning of Article 16 (1) of the Framework Directive 89/391/EEC. These directives set the minimum safety requirements and it is up to the National Laws to introduce more strict ones. The EU legal framework is given below in a tabulated format:

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Code
(Date of the Council approve)
Title
89/391/EEC
(12/06/1989)
Introduction of measures to encourage improvements in the safety and health of workers at work (Framework Directive, Official Journal L 183, 29/06/1989 P. 0001 - 0008)
89/654/EEC
(30/11/1989)
The minimum safety and health requirements for the workplace (1st individual directive, Official Journal L 393, 30/12/1989 P. 0001 - 0012)
2001/45/EC
(27/06/2001)
The minimum safety and health requirements for the use of work equipment by workers at work (2nd individual Directive, Official Journal L 195, 19/07/2001 P. 0046 - 0049)
89/656/EEC
(30/11/1989)
The minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (3rd individual directive, Official Journal L 393, 30/12/1989 P. 0018 - 0028)
90/269/EEC
(29/05/1990)
The minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (4th individual Directive, Official Journal L 156, 21/06/1990 P. 0009 - 0013)
90/270/EEC
(29/05/1990)
The minimum safety and health requirements for work with display screen equipment (5th individual Directive, so called VDU Directive, Official Journal L 156 , 21/06/1990 P. 0014 - 0018)
90/394/EEC
(28/06/1990)
The protection of workers from the risks related to exposure to carcinogens at work (6th individual Directive, Official Journal L 196, 26/07/1990 P. 0001 - 0007)
2000/54/EC
(18/09/2000)
The protection of workers from risks related to exposure to biological agents at work (7th individual directive, Official Journal L 262, 17/10/2000 P. 0021 - 0045)
92/57/EEC
(24/06/1992)
The implementation of minimum safety and health requirements at temporary or mobile construction sites (8th individual Directive, Official Journal L 245, 26/08/1992 P. 0006 - 0022)
92/58/EEC
(24/06/1992)
The minimum requirements for the provision of safety and/or health signs at work (9th individual Directive, Official Journal L 245, 26/08/1992 P. 0023 - 0042)
92/85/EEC
(19/10/1992)
The introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (10th individual Directive, so called Maternity Directive, Official Journal L 348, 28/11/1992 P. 0001 - 0008)
92/91/EEC
(03/11/1992)
The minimum requirements for improving the safety and health protection of workers in the mineral- extracting industries through drilling (11th individual Directive, Official Journal L 348, 28/11/1992 P. 0009 - 0024)
92/104/EEC
(03/12/1992)
The minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (12th individual Directive, Official Journal L 404, 31/12/1992 P. 0010 - 0025)
93/103/EC
(23/11/ 1993)
The minimum safety and health requirements for work on board fishing vessels (13th individual Directive, Official Journal L 307 , 13/12/1993 P. 0001 - 0017)
98/24/EC
(07/04/1998)
The protection of the health and safety of workers from the risks related to chemical agents at work (14th individual Directive, Official Journal L 131 , 05/05/1998 P. 0011 - 0023)
1999/92/EC
(16/12/ 1999)
The minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive, Official Journal L 023, 28/01/2000 P. 0057 - 0064)
2002/44/EC
(25/06/2002)
The minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive, Official Journal L 177, 06/07/2002 P. 0013 - 0020)
2003/10/EC
(06/02/2003)
The minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (17th individual Directive, Official Journal L 042, 15/02/2003 P. 0038 - 0044)
2004/40/EC
(29/04/2004)
The minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive, Official Journal L 159, 30/04/2004 P. 0001 - 0026)
2003/88/EC
4/12/2003
The Working Time Directive (Official Journal L 299, 18/11/2003 P. 0009)

The Framework Directive as well as the Individual ones require that the employer prepares a written risk assessment. It has to be pointed out that the occupational risks, which are to be evaluated by the employers, are not fixed once and for all, but are continually changing in relation to the progressive development of working conditions and scientific research concerning such risks.

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TRIA Project ::: Development of a comprehensive training course for assessing the risk at workplace