council directive 92/57/eec · art. 6/2 of eu osh framework directive 89/391/eec,should be applied...
TRANSCRIPT
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
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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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)
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
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
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
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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)
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
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 )
Дякую за увагу!Thank you for your attention!
Gracias por su atención!Obrigado pela vossa atenção!
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