Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)
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Article 3 General obligations
1. To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that: (a) workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers; (b) the operation of workplaces when workers are present takes place under the supervision of a person in charge; (c) work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given; (d) all safety instructions are comprehensible to all the workers concerned; (e) appropriate first-aid facilities are provided; (f) any relevant safety drills are performed at regular intervals. 2. The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391/EEC, is drawn up and kept up to date. The safety and health document shall demonstrate in particular that: — the risks to which workers at the workplace are exposed have been determined and assessed, — adequate measures will be taken to attain the aims of this Directive, — the design, use and maintenance of the workplace and of the equipment are safe. The safety and health document must be drawn up before work starts and be revised if the workplace has undergone major changes, extensions or conversions. 3. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control. The employer who, in accordance with national laws and/or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it. The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC. 4. The employer shall report any serious and/or fatal occupational accidents and situations of serious danger to the competent authorities as soon as possible.
Article 3 General obligations
1. To safeguard the safety and health of workers, the employer shall take the necessary measures to ensure that: (a) workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers; (b) the operation of workplaces when workers are present takes place under the supervision of a person in charge; (c) work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given; (d) all safety instructions are comprehensible to all the workers concerned; (e) appropriate first-aid facilities are provided; (f) any relevant safety drills are performed at regular intervals. 2. The employer shall ensure that a document concerning safety and health, hereinafter referred to as ‘safety and health document’, covering the relevant requirements laid down in Articles 6, 9 and 10 of Directive 89/391/EEC, is drawn up and kept up to date. The safety and health document shall demonstrate in particular that: — the risks to which workers at the workplace are exposed have been determined and assessed, — adequate measures will be taken to attain the aims of this Directive, — the design, use and maintenance of the workplace and of the equipment are safe. The safety and health document must be drawn up before work starts and be revised if the workplace has undergone major changes, extensions or conversions. 3. Where workers from several undertakings are present at the same workplace, each employer shall be responsible for all matters under his control. The employer who, in accordance with national laws and/or practices, is in charge of the workplace, shall coordinate the implementation of all the measures concerning the safety and health of the workers and shall state, in his safety and health document, the aim of that coordination and the measures and procedures for implementing it. The coordination shall not affect the responsibility of the individual employers as provided for in Directive 89/391/EEC. 4. The employer shall report any serious and/or fatal occupational accidents and situations of serious danger to the competent authorities as soon as possible.
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