General principles of EU OSH legislation

Introduction

The European Union sets legislation in the form of directives, based on the legal foundation established in Article 153 of the Treaty on the Functioning of the European Union. The EU legislator has established a system of basic principles of safety and health management, which must be transposed into national law by the Member States. Thus, the principles are applicable in all Member States of the European Union. In 2017, safety and health of the workers was acknowledged as one of the 20 key principles of the Pillar of Social Rights^[1].

The most important legal act is the European Framework Directive (89/391/EEC), which establishes general principles for managing safety and health, such as responsibility of the employer, rights and duties of the workers, using risk assessments to continuously improve company processes, and workplace health and safety representation. All subsequent Directives within the meaning of Article 16 (1) of the Framework Directive follow these common principles.

As one of the first fields of EU legislation, the practical implementation of the Framework Directive and 23 further OSH Directives was evaluated. As one key finding, the evaluation report confirms that, “the goal-orientated approach enshrined in the Framework Directive and in the common processes and mechanisms is relevant, works effectively, and provides a clear overall structure for implementing OSH management." The evaluation report gives recommendations on the further development of the EU-OSH legislation, especially with regards to new and emerging risks and the coherence between prescriptive and goal-oriented provisions^[2].

The system of EU OSH legislation

The European Union enacts Directives in the field of occupational safety and health (OSH) based on the legal foundation of Article 153 of the treaty on the functioning of the European Union^[3]. The European Directives are transposed into national law by the legislators in each Member State. The European Directives on OSH set minimum standards for the protection of workers. Member States may lay down more stringent provisions when transposing the Directives, but they must adhere to what has been set as a minimum. They may not opt for less stringent provisions. It is Council 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 (generally referred to as the "Framework Directive") that states there is no justification for reducing existing protection levels in individual Member State^[4].

EU legislation has established a homogenous system of basic OSH management principles, which are more closely described in the Article What are occupational safety and health management systems and why do companies implement them? These management principles are applicable EU wide. Previously, each EU Member State had its own system to regulate OSH.

The common principles were introduced by Directive 89/391/EEC^[4]. They were specified further by nineteen individual directives or daughter Directives, based on Article 16 (1) of the Framework Directive. Last but not least, there are other specific EU Directives, which are not based on the Framework directive, but have direct and indirect impact on OSH.

Council Directive 89/391/EEC - The "Framework" Directive

Directive 89/391/EEC) is often referred to as the “Framework Directive" and the 'basic law' on occupational safety and health in the EU^[5]. It established the instrument of risk assessment in European OSH legislation, which, when it was adopted in 1989, was a revolutionary principle for the legal systems and OSH management systems of many countries. Instead of merely complying with prescriptions and limit values, employers can decide on improvement measures that best meet the risk profile of the company. The Framework Directive can thus be considered a milestone for workplace prevention measures. Further important provisions of the Directive are^{[6] [7]}:

• Establishing an equal level of safety and health for the benefit of all workers. However, domestic workers, certain public and military services, and self-employed are exempt.
• Assignment of responsibility to employers for ensuring the safety and health of workers; obliging employers to take appropriate measures to make work safer and healthier.
• Defining key elements of risk assessment, such as hazard identification, workers participation, adopting adequate measures (with the priority of eliminating risks at source), documentation and periodical re-assessment.

The prevention approach laid down in the Directive is based on a systematic and dynamic process that encourages companies to adopt OSH management principles and integrate them into general management processes.

The individual OSH Directives within the meaning of Art. 16 (1) – overview

There are single Directives (sometimes referred to as 'daughter Directives') which set out the principles and instruments of the Framework Directive in relation to specific hazards at work (e.g. exposure to dangerous substances, or physical agents), specific tasks (e.g. manual handling of loads, working with visual display units), high-risk worksites (e.g. temporary work sites, extractive industries, fishing vessels) and vulnerable groups (e.g. pregnant women and breastfeeding mothers). Article 16 paragraph 3 of the Framework Directive states that its general provisions shall apply in full to all the areas covered by each individual Directive without prejudice to more stringent and/ or specific provisions contained in these individual Directives^[4].

The 19 individual Directives within the scope of Article 16 paragraph 1 of the Framework Directive which are currently in force are: (for further information, please visit the legislation section of the EU-OSHA web site^[8])

• Directive 89/654/EEC on minimum safety and health requirements for the workplace: The object of this Directive is to introduce minimum measures designed to improve the working environment, in order to guarantee a better standard of safety and health protection (first individual Directive)^[9];
• Directive 2009/104/EC concerning the minimum safety and health requirements for the use of work equipment by workers at work which repealed Directive 89/655/EEC (second individual Directive)^[10] 
• Directive 89/656/EEC on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace: This Directive lays down minimum requirements for the assessment, selection and correct use of personal protective equipment (third individual Directive)^[11];
• Directive 90/269/EEC on minimum safety and health requirements for the manual handling of loads where there is a risk particularly of back injury to workers.)^[12] 
• Directive 90/270/EEC on minimum safety and health requirements for work with display screen equipment: The aim of this Directive is to implement specific minimum measures to ensure the safety and health of workers using display screen equipment (fifth individual Directive)^[13];
• Directive 2004/37/EC on the protection of workers from risks related to exposure to carcinogens, mutagens or reprotoxic substances (sixth individual Directive). Directive 2004/37/EC has undergone several changes in the period 2017-2024 introducing stricter limit values for a number of widespread carcinogens, mutagens or reprotoxic substances^[14]. 
• Directive 2000/54/EC on the protection of workers from risks related to exposure to biological agents at work: This Directive is designed to establish specific minimum requirements designed to guarantee a better standard of safety and health for workers exposed to biological agents at work (seventh individual Directive)^[15]
• Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile work sites. This Directive aims at promoting better working conditions in the construction sector (building and civil engineering) eighth individual Directive)^[16]
• Directive 92/58/EEC on the provision of health and safety signs at work introduces a harmonised system of safety signs that shall help to reduce the risk of accidents at work and occupational diseases (ninth individual Directive)^[17]
• Directive 92/85/EEC on the protection of pregnant women, women who have recently given birth and women who are breastfeeding establishes guidelines for assessing the risks related to specific tasks, movements and postures (e.g. heavy lifting, handling loads, night work), related to the exposure to chemical, physical and biological agents, and to physical and mental stress which are considered to be particularly dangerous for pregnant or breastfeeding women and their child (tenth individual Directive)^[18]
• Directive 92/91/EEC concerning the minimum requirements for improving the safety and health protection of workers in the mineral- extracting industries through drilling. The aim of this Directive is to improve the safety and health conditions of workers in the extractive industries concerned with exploration for and exploitation of minerals by means of boreholes (onshore and offshore), with a higher than average risk (eleventh individual Directive)^[19]
• Directive 92/104/EEC on minimum safety and health protection of workers in the surface and underground extractive industries: This Directive aims primarily to improve the safety and health protection of workers in the surface and underground extractive industries which is considered to be a high-risk sector (twelfth individual Directive)^[20]
• Directive 93/103/EC concerning the minimum safety and health requirements working on board of fishing vessels: The Directive sets out minimum practical measures with a view to encouraging an improvement in the health and safety of workers on board fishing vessels (thirteenth individual Directive)^[21]
• Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work. The aim of this Directive is to lay down minimum requirements for the protection of workers from risks to their safety and health arising, or likely to arise, from the effects of chemical agents that are present at the workplace or as a result of any work activity involving chemical agents (fourteenth individual Directive)^[22]
• Directive 99/92/EC on the protection of the health and safety of workers from the risks from explosive atmosphere. This directive establishes and harmonises minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (fifteenth individual Directive)^[23]
• Directive 2002/44/EC on the protection of the health and safety of workers from the risks arising from the exposure to mechanical vibration. This Directive aims to improve the protection of workers against the risks arising from exposure to mechanical vibration by laying down minimum requirements with regard to the protection of health and safety vibration (sixteenth individual Directive)^[24]
• Directive 2003/10/EC on the protection of the health and safety of workers from the risks arising from the exposure to noise. This Directive lays down minimum requirements for the protection of workers against the risks resulting from exposure to noise, and notably risks to hearing (seventeenth individual Directive)^[25]
• Directive 2006/25/EC on the protection of the health and safety of workers from the risks arising from the exposure to artificial optical radiation: This Directive lays down minimum harmonised requirements for the protection of workers against the risks arising from exposure to artificial optical radiation (nineteenth individual Directive)^[26]
• Directive 2013/35/EU on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields)^[27] This Directive is the 20th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC and repeals Directive 2004/40/EC on electromagnetic fields which used to be the eighteenth individual Directive^[28]. It establishes minimum requirements concerning the protection of workers from the risks arising from exposure to electromagnetic fields and waves.

Further Directives with OSH relevance – overview

The system of the protection of the safety and health of workers is completed by other relevant Directives which are not based on Article16 paragraph 1 of the Framework Directive whose provisions are mainly aimed at technical aspects of OSH. The provisions of the Framework Directive 89/391/EEC also apply unless other more specific provisions exist (lex specialis). The legal basis of the mentioned Directives is also art. 153 TFEU3^[3].

The following Directives are also relevant to aspects of OSH (for further information, please visit the legislation section of the EU-OSHA web site^[8]:

• Directive 91/383/EEC supplementing measures to encourage OSH improvements for workers with fixed-duration employment contracts or temporary workers^[29] 
• Directive 94/33/EC on the protection of young people at work^[30]. The Directive establishes stricter rules for the effective protection of workers under eighteen years of age. 
• Directive 2003/88/EC concerning certain aspects of the organisation of working time^[31]. Directive 2003/88/EC applies to rest time, holidays and shift work. 
• Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work^[32]
• Directive 2010/32/EU on the prevention from sharp injuries in the hospital and healthcare sector which implements a Framework Agreement by the social partners^[33]
• Directive 2013/59/Euratom, which is based on the treaty establishing the European Atomic Energy Community, lays down basic and uniform safety standards for protecting workers and the general public against the dangers arising from ionising radiation^[34]. It repealed the old Directive 96/29/Euratom.

Legislation on product safety and market harmonisation with OSH relevance

There are other Directives and Regulations relevant to OSH which derive from the market harmonisation competence of the EU (single market). Those Directives and Regulations are mainly aimed at ensuring the free movement of goods within the market, and to set high safety standards for consumers and the protection of the environment. These legislative acts  are based on Art. 114 TFEU^[3]. The legislation lays down essential safety and health requirements for products that are placed on the market. Manufacturers must ensure that their products comply with these requirements by implementing conformity assessment procedures. The technical details are mainly provided through European harmonised standards elaborated by European standards organisations. The CE marking indicates that products meet the health and safety requirements and can be traded without restriction in the internal market.

Although the Directives and Regulations include obligations for manufacturers, they are relevant for OSH since they apply to equipment that is also used at work.   

Especially Directive 2006/42/EC on machinery^[35] (repealed by Regulation 2023/1230/EU on machinery^[36], applying from 20 January 2027) as well as Regulation 2016/425 on personal protective equipment (PPE)^[37]  are highly relevant. Further examples are the Directives on pressure equipment and pressure vessels^[38] and Regulation 305/2011/EU on construction products^[39].  

Also the legislation dealing with the placing on the market of chemicals, the REACH and CLP Regulations have implications for OSH. The REACH Regulation (EC) No.1907/2006^[40] obliges manufacturers, importers and suppliers to provide a Safety Data Sheet with information on the properties, the safe use and risk management of the chemical substance. The information is key for risk management in the workplace. The CLP Regulation (EC) No.1272/2008^[41] aligns with the UN globally harmonised standard (GHS) and contains rules on the classification, labelling and packaging of substances and mixtures. Substances and mixtures are categorised in hazard categories. The provisions have immediate implications for the safety data sheets, risk management measures and the safe handling of dangerous substances at the workplace.

More information on the Directives and Regulations on product safety and chemical safety can be retrieved from the legislation entry point of the EU-OSHA^[8].

Common terms and principles of EU OSH legislation

The scope of the OSH legislation

EU OSH legislation is built around the terms 'working environment' and 'health'. Both terms are not defined in the EU legislation itself but important for the context and understanding.

The term 'Working environment' derives from the Scandinavian OSH tradition and was introduced in the negotiations on European Social Policy by the Danish delegation. It goes beyond the prevention of work-related accidents and sickness and includes the humane design of work processes and work organisation and aspects of health promotion. The European Court of Justice (ECJ) acknowledged this broad interpretation in the judgement C-84/94 of 12 Nov. 1996^[42].

'Health' is also acknowledged by the ECJ in the same decision^[42] in the definition of the World Health Organisation (WHO) as the 'state of complete physical, mental and social well-being and not merely the absence of disease or infirmity'^[43].

Terminology

In Article 3, the Framework Directive defines various terms which are essential for understanding of the European legislation on OSH^[4].

a) The worker: A Worker is any person employed, including trainees and apprentices, but excluding domestic workers and self-employed persons.
b) The employer: The Employer is any natural or legal person who has an employment relationship with a worker and has responsibility for the undertaking and/or establishment.
c) Workers' representative with specific responsibility for the safety and health: A workers' representative with specific responsibility for the safety and health of workers is any person elected or designated in accordance with national laws / and / or practices to represent workers where OSH problems arise.
d) Prevention: Prevention means all steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce occupational risks.

The principals of OSH management 

The risk assessment is a core OSH management process, which resulted from the Framework Directive (Art. 6 paragraph 1 and Art. 9 paragraph 3 D^[4]). Instead of merely complying with prescriptions and limit values, the employer can take improvement measures that meet best the risk profile of the tasks and workplaces in the company. The introduction of risk assessment principles, has increased the opportunities improving OSH in the workplace, but also the responsibility of the employer. The periodical risk assessment requires and fosters preventive measures and a continuous improvement process within the company. The aim is to get better each time. In order to ensure this, the Directive sets out principles to be observed when carrying out the risk assessment.

European legislation makes the employer responsible for prevention in the company. While single duties can be delegated to specialists, the overall responsibility cannot. "The employer shall have the duty to ensure the safety and health of the workers in every aspect related to the work" (Article 5 paragraph 1^[4]).

Risk assessment is the process of evaluating the risks to workers’ safety and health from workplace hazards. It is a systematic examination of all aspects of work that considers: what could cause injury or harm, whether the hazards could be eliminated and, if not, what preventive or protective measures are, or should be, in place to control the risks^[44]. It is embedded in a continuous improvement circle, which follows the PDCA (Plan-Do-Check-Act) methodology. It is a step-by-step approach, which requires continuity and frequent re-checking. Risk assessment, in its most literal sense, refers to the process of risk evaluation, ranking and classification^[44]. In a broader sense, it requires hazards and risks to be identified, as well as the risk control – i.e. taking adequate prevention measures. It also requires documentation and subsequent monitoring of measures. For more details, see the Commission Guideline^[44] and the article on Occupational safety and health risk assessment methodologies.

As previously mentioned, risk assessment and risk management require defined processes and regularity. Risk assessment is not a stand-alone activity; rather, it should be done on a regular basis, and in cases that indicate a reassessment is required, such as^[44]:

• Checking prevention measures when former measures were found to be inadequate;
• When new state of the art risk assessment and control measures are available;
• Introducing new technology, organisation, or other activity that alters the workplace;
• Accidents or incidents (e.g. near misses) at the workplace;
• Complaints by workers or their representatives;
• Remarks made by national inspection authorities.

Hierarchy of prevention measures

The Framework Directive also establishes a hierarchy of measures for risk prevention in the company which is also known as the 'general principles of prevention'^[4] and consists of:

• avoiding risks;
• evaluating the risks which cannot be avoided;
• combating the risks at source;
• adapting work to the individual, especially regarding workplace design, choice of work equipment and working/production methods; the aim is to alleviate monotonous work and predetermined work-rates, and to reducing their effect on health;
• adapting to technical progress;
• replacing dangerous activities with non/less dangerous;
• developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships, and the working environment;
• prioritising collective protective measures over individual ones;
• giving staff appropriate instructions.

Hence, the employer must first consider how to avoid or eliminate risk at source. If this is not possible, technical or organisational means shall be used to limit the risk, before taking individual measures (e.g. providing personal protection equipment).

Training

Directive 89/391/EEC also defines general legal requirements for staff training In its provisions on the general obligations of the employers Article 6 says^[4]: ‘Within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organization and means.’ Article 12 gives details how and when the training should be provided and who should be included OSH training.

Training is not only the responsibility of the employer. Directive 89/391/EEC also sets out a number of workers’ obligations (Article 13)^[4]. Each worker shall be responsible as far as possible for taking care of their own safety and health and that of others affected by their acts or omissions at work, in accordance with the training and instructions given by the employer.

As previously mentioned, training is subordinate to other prevention measures in the hierarchy of general prevention principles. However, OSH experts consider training as complementary to control measures because prevention measures must be explained to the workers as the target group. They should be involved in discussion and testing.

Health surveillance

Article 14 of the Framework Directive4 obliges the employer to ensure that 'all workers receive health surveillance appropriate to the health and safety risks they incur at work.' It is left up to national transposition and national legislation to ensure that an adequate system of health surveillance is established. In addition to regular checks, the Directive gives workers the right to ask for health surveillance.

While the Framework Directive is rather vague on this point and leaves it up to the Member States, some daughter Directives have established requirements, limit values and measures for the health surveillance of workers, which must be respected by the Member States when transposing them into national law.

• An example of this is Article10 of Directive 98/24/EC^[22] which establishes such rules for workers handling chemical agents as well as the CMRD (2004/37/EC)^[14].
• Another example is Article 14 of Directive 2000/54/EC^[15] which requires vaccinations of workers who are exposed to biological hazards.

For a complete overview on the Directives that make reference to health surveillance and their requirements, see: Health screening and surveillance.

The participation of the workers

The Framework Directive sets out various ways for workers to participate in OSH. Article11 details two forms of participation:

• Consultation of workers or their representatives in paragraph 1;
• Consultation of workers or their representatives with specific responsibility for the safety and health of workers (paragraph 2).

The Framework Directive does not define the form of representation. This European law leaves it to the national legislator and to the traditions of collective bargaining to find adequate forms of representation. It is up to national law to decide whether workers should be informed (or only their representatives). Hence, the details of the participation in the context of Article 11, paragraph 1, differ significantly across EU Member States^[45]

Article 11 (1) also obliges the employer to consult worker representatives or the workers directly in case that no representation is established. It also allows workers to take part in OSH discussions. Workers and their representatives also have the right to make proposals. 

Article 3c of the Framework Directive introduces the function of the safety and health representative as a worker representative on OSH issues. A worker representative with specific OSH responsibility can either be elected, chosen or designated, in accordance with national laws or representation practices. Consequently, participation in the context of Article 11, paragraph 2 also differs across EU Member States^[45].

Directive 89/391/EEC does not explicitly oblige employers to allow workers (or their representatives) to participate in the risk assessment. However, it is strongly recommended by OSH experts and the European Commission to generally involve the workers concerned by the risk assessment as well as their representatives44 as effective risk prevention may require the participation and expertise of the workers concerned to correctly assess the risks 

Finally, the employer is obliged to inform the workers about the risks at work and the protection and prevention measures (Article 10), and provide them with the results of the risk assessment (Article 6)^[4].

These forms of participation also apply to the individual directives within Article16 of Directive 89/391/EEC.

The obligations of the workers

As previously mentioned, the Framework Directive sets out a list of workers’ obligations (Article 13)^[4]. These obligations shall ensure that workers contribute to their own safety and the safety of the co-workers by respecting rules, practices and prevention measures set out by the employer. The labour inspectorate can impose a fine on workers who do not comply, in accordance with national legislation.

In general, workers must follow the OSH training and instructions given by the employer, such as:

• correctly using equipment, tools or substances, related to their work;
• using personal protective equipment when indicated;
• not arbitrarily changing or removing safety devices;
• informing the employer of situations or incidents that pose a danger;
• cooperating with the company’s safety experts.