This Directive, which is the eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC, lays down minimum safety and health requirements for temporary or mobile construction sites, as defined in Article 2 (a).
Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile constructions sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
Article 1 Subject
1.
2.
This Directive shall not apply to drilling and extraction in the extractive industries within the meaning of Article 1 (2) of Council Decision 74/326/EEC of 27 June 1974 on the extension of the responsibilities of the Mines Safety and Health Commission to all mineral-extracting industries(1).
3.
The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to in paragraph 1, without prejudice to more stringent and/or specific provisions contained in this Directive.
Article 2 Definitions
For the purposes of this Directive:
-
‘temporary or mobile construction sites’ (hereinafter referred to as ‘construction sites’) means any construction site at which building or civil engineering works are carried out; a non-exhaustive list of such works is given in Annex I;
-
‘client’ means any natural or legal person for whom a project is carried out;
-
‘project supervisor’ means any natural or legal person responsible for the design and/or execution and/or supervision of the execution of a project, acting on behalf of the client;
-
‘self-employed person’ means any person other than those referred to in Article 3 (a) and (b) of Directive 89/391/EEC whose professional activity contributes to the completion of a project;
-
‘coordinator for safety and health matters at the project preparations stage’ means any natural or legal person entrusted by the client and/or project supervisor, during the project preparation stage, with performing the duties referred to in Article 5;
-
‘coordinator for safety and health matters at the project execution stage’ means any natural or legal person entrusted by the client and/or project supervisor, during execution of the project, with performing the duties referred to in Article 6.
Article 3 Appointment of coordinators — Safety and health plan — Prior notice
1.
The client or the project supervisor shall appoint one or more coordinators for safety and health matters, as defined in Article 2 (e) and (f), for any construction site on which more than one contractor is present.
2.
The client or the project supervisor shall ensure that prior to the setting up of a construction site a safety and health plan is drawn up in accordance with Article 5 (b).
The Member States may, after consulting both management and the workforce, allow derogations from the provisions of the first subparagraph, except where it is a question of:
-
work involving particular risks as listed in Annex II, or
-
work for which prior notice is required pursuant to paragraph 3 of this Article.
3.
In the case of constructions sites:
-
on which work is scheduled to last longer than 30 working days and on which more than 20 workers are occupied simultaneously, or
-
on which the volume of work is scheduled to exceed 500 person-days,
the client or the project supervisor shall communicate a prior notice drawn up in accordance with Annex III to the competent authorities before work starts.
The prior notice must be clearly displayed on the construction site and, if necessary, periodically updated.
Article 4 Project preparation stage: general principles
The project supervisor, or where appropriate the client, shall take account of the general principles of prevention concerning safety and health referred to in Directive 89/391/EEC during the various stages of designing and preparing the project, in particular:
-
when architectural, technical and/or organizational aspects are being decided, in order to plan the various items or stages of work which are to take place simultaneously or in succession,
-
when estimating the period required for completing such work or work stages. Account shall also be taken, each time this appears necessary, of all safety and health plans and of files drawn up in accordance with Article 5 (b) or (c) or adjusted in accordance with Article 6 (c).
Article 5 Project preparation stage: duties of coordinators
The coordinator(s) for safety and health matters during the project preparation stage appointed in accordance with Article 3 (1) shall:
-
coordinate implementation of the provisions of Article 4;
-
draw up, or cause to be draw up, a safety and health plan setting out the rules applicable to the construction site concerned, taking into account where necessary the industrial activities taking place on the site; this plan must also include specific measures concerning work which falls within one or more of the categories of Annex II;
-
prepare a file appropriate to the characteristics of the project containing relevant safety and health information to be taken into account during any subsequent works.