Directive 92/104/EEC - mineral-extracting industries

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)

Objective

This Directive lays down the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (except for the mineral extracting industries through drilling which is governed by Directive 92/91/EEC).

Definitions

The terms surface, underground mineral-extracting industries and workplace are defined.

Contents

Employers must take the following measures to safeguard the health and safety of workers by ensuring that:
• workplaces are designed, constructed, equipped, commissioned, operated and maintained to allow workers to perform the work assigned to them without endangering their own and others’ health or safety;
• operation of workplaces takes place under the supervision of a person in charge;
• work involving a special risk is only carried out by competent staff in accordance with employers’ instructions;
• all safety instructions are comprehensible to workers;
• appropriate first-aid facilities are available;
• any relevant safety drills are performed regularly.

Employers must ensure that a safety and health document is drawn up and kept up to date. The health and safety document must be drawn up before work starts, and demonstrate in particular that:
• risks to which workers 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 equipment are safe.

Where workers from several undertakings are present in one workplace, each employer must be responsible for all matters under his control. The employer who is in charge of the workplace must coordinate the implementation of measures.

Employers must take measures and precautions to avoid, detect and combat the starting and spread of fires and explosions, and prevent the occurrence of explosive or health-endangering atmospheres. The employer must also provide and maintain appropriate means of escape and rescue in order to ensure that workers have adequate opportunities for leaving workplaces in the event of danger.

The employer must take measures to provide warning and other communication systems to enable assistance, escape and rescue operations if the need arises. Workers and their representatives must be informed of all measures taken concerning safety and health in workplaces. This information must be comprehensible to the workers concerned.

Employees should receive health surveillance appropriate to the risks they incur at work. Each worker is entitled to health surveillance before being assigned to duties and subsequently at regular intervals.

New and existing workplaces must meet the minimum requirements for safety and health described in this directive. When workplaces undergo changes, the employer should ensure that those changes comply with the minimum requirements of this Directive.

Consultations and participation of workers or their representatives must take place for all measures described in this Directive.

Member States must bring into force laws, regulations and administrative provisions to comply with this directive. Member States must report to the Commission every five years following the implementation of this Directive.

Annex
Part A: Common minimum requirements applicable to surface and underground mineral-extracting industries and to ancillary surface installations
Part B: Special minimum requirements applicable to surface mineral-extracting industries
Part C: Special minimum requirements applicable to underground mineral-extracting industries

Read the full text of the consolidated version of the Directive (including later amendments)

Read the full text of the original Directive (without later amendments)

National laws implementing this Directive

Further information on this topic

See also further document of the European Commission on that topic:

Evaluation of the Practical Implementation of the EU Occupational Safety and Health (OSH) Directives in EU Member States - Directive on the minimum health and safety requirements for improving the safety and health protection of workers in surface and underground mineral extracting industries (2017)