Self employed obligations and health safety requirements

Obligations of self employed persons

Belgrad, 31 October 2007

Seminar on the implementation of minimum health and safety
requirements on construction sites
Directive 92/57 EEC”
TAIEX

Fundación Comunidad Valenciana – Región Europea www.uegva.info

Delegación de la Comunidad Valenciana en Bruselas

Article 10
Article 6 b) Article 7 i)

DIRECTIVE
92/57/EEC

Article 6 d)

DIRECTIVE
89/391/EEC Article 9

DIRECTIVE
89/655/EEC



Article 10
DIRECTIVE
92/57/EEC

Obligations of other groups of persons

1. In order to preserve safety and health on the construction site, self-employed persons shall:
(a) comply in particular with the following, mutatis mutandis:
(i) the requirements of Article 6 (4) and Article 13 of Directive 89/391/EEC and Article 8 and Annex IV of
this Directive;
(ii) Article 4 of Directive 89/655/EEC and the relevant provisions of the Annex thereto;
(iii) Article 3, Article 4 (1) to (4) and (9) and Article 5 of Directive 89/656/EEC;
(b) take into account directions from the coordinator(s) for safety and health matters.
2. In order to preserve safety and health on the site, where employers are personally engaged in work
activity on the construction site, they shall:
(a) comply in particular with the following, mutatis mutandis:
(i) Article 13 of Directive 89/391/EEC;
(ii) Article 4 of Directive 89/655/EEC and the relevant provisions of the Annex thereto;
(iii) Articles 3, 4 (1), (2), (3), (4), (9) and 5 of Directive 89/656/EEC;
(b) take account of the comments of the coordinator(s) for safety and health.



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



Article 6
DIRECTIVE
89/391/EEC

Article 6
General obligations on employers

4. Without prejudice to the other provisions of this Directive, where
several undertakings share a work place, the employers shall cooperate
in implementing the safety, health and occupational hygiene provisions
and, taking into account the nature of the activities, shall coordinate their
actions in matters of the protection and prevention of occupational risks,
and shall inform one another and their respective workers and/or workers'
representatives of these risks.



Article 13
DIRECTIVE
89/391/EEC

SECTION III
WORKERS' OBLIGATIONS
Article 13
1. It shall be the responsibility of each worker to take care as far as possible of his own safety and
health and that of other persons affected by his acts or Commissions at work in accordance with
his training and the instructions given by his employer.

2. To this end, workers must in particular, in accordance with their training and the instructions given
by their employer:

(a) make correct use of machinery, apparatus, tools, dangerous substances, transport equipment
and other means of production;

(b) make correct use of the personal protective equipment supplied to them and, after use, return it
to its proper place;
(c) refrain from disconnecting, changing or removing arbitrarily safety devices fitted, e.g. to
machinery, apparatus, tools, plant and buildings, and use such safety devices correctly;



Article 13
DIRECTIVE
89/391/EEC

SECTION III
WORKERS' OBLIGATIONS
Article 13 (cont)

(d) immediately inform the employer and/or the workers with specific responsibility for the
safety and health of workers of any work situation they have reasonable grounds for
considering represents a serious and immediate danger to safety and health and of any
shortcomings in the protection arrangements;

(e) cooperate, in accordance with national practice, with the employer and/or workers with
specific responsibility for the safety and health of workers, for as long as may be necessary to
enable any tasks or requirements imposed by the competent authority to protect the safety and
health of workers at work to be carried out;

(f) cooperate, in accordance with national practice, with the employer and/or workers with
specific responsibility for the safety and health of workers, for as long as may be necessary to
enable the employer to ensure that the working environment and working conditions are safe
and pose no risk to safety and health within their field of activity.



Annex IV
Article 8
DIRECTIVE
89/391/EEC



November 1989 concerning the
minimum safety and health
requirements for the use of work
equipment by workers at work
(second individual Directive within
the meaning of Article 16 (1) of
Directive 89/391/EEC)



Article 4
DIRECTIVE
89/655/EEC

Rules concerning work equipment
1. Without prejudice to Article 3, the employer must obtain and/or use:
(a) work equipment which, if provided to workers in the undertaking and/or
establishment for the first time after 31 December 1992, complies with:
i(i) the provisions of any relevant Community directive which is applicable;
(ii) the minimum requirements laid down in the Annex, to the extent that no other
Community directive is applicable or is so only partially;
(b) work equipment which, if already provided to workers in the undertaking and/or
establishment by 31 December 1992, complies with the minimum requirements
laid down in the Annex no later than four years after that date.
2. The employer shall take the measures necessary to ensure that, throughout its
working life, work equipment is kept, by means of adequate maintenance, at a
level such that it complies with the provisions of paragraph 1 (a) or (b) as
applicable



Article 4
Article 3
DIRECTIVE
89/655/EEC

General obligations
1. The employer shall take the measures necessary to ensure that the work
equipment made available to workers in the undertaking and/or establishment is
suitable for the work to be carried out or properly adapted for that purpose and
may be used by workers without impairment to their safety or health.
In selecting the work equipment which he proposes to use, the employer shall pay
attention to the specific working conditions and characteristics and to the hazards
which exist in the undertaking and/or establishment, in particular at the workplace,
for the safety and health of the workers, and/or any additional hazards posed by
the use of work equipment in question.
2. Where it is not possible fully so to ensure that work equipment can be used by
workers without risk to their safety or health, the employer shall take appropriate
measures to minimize the risks.



Article 4
Annex
DIRECTIVE
89/655/EEC

MINIMUM REQUIREMENTS REFERRED TO IN ARTICLE 4 (1)
(a) (ii) and (b) 1.
General comment

The obligations laid down in this Annex apply having regard to the
provisions of the Directive and where the corresponding risk exists for the
work equipment in question.
2. General minimum requirements applicable to work equipment



Article 4

Article 9
Annex
DIRECTIVE
89/655/EEC

Minimum additional requirements applicable to specific workequipment,
as referred to in Article 9 (1) of the Directive.
SECTION III MISCELLANEOUS PROVISIONS
Article 9
Amendment to the Annex
1. Addition to the Annex of the supplementary minimum requirements applicable to specific
work equipment referred to in point 3 thereof shall be adopted by the Council in accordance
with the procedure laid down in Article 118a of the Treaty.
2. Strictly technical adaptations of the Annex as a result of:
- the adoption of directives on technical harmonization and standardization of work equipment,
and/or
- technical progress, changes in international regulations or specifications or knowledge in the
field of work equipment
shall be adopted, in accordance with the procedure laid down in Article 17 of Directive
89/391/EEC.



November 1989 on the minimum
health and safety requirements for
the use by workers of personal
protective equipment at the
workplace (third individual
directive within the meaning of
Article 16 (1) of Directive
89/391/EEC)



Article 3
DIRECTIVE
89/656/EEC

General rule

Personal protective equipment shall be used when the
risks cannot be avoided or sufficiently limited by technical
means of collective protection or by measures, methods
or procedures of work organization.



Article 4
DIRECTIVE
89/656/EEC

SECTION II
EMPLOYERS' OBLIGATIONS
General provisions
1. Personal protective equipment must comply with the relevant
Community provisions on design and manufacture with respect to safety
and health.
All personal protective equipment must:
(a) be appropriate for the risks involved, without itself leading to any
increased risk;
(b) correspond to existing conditions at the workplace;
(c) take account of ergonomic requirements and the worker's state of
health;
(d) fit the wearer correctly after any necessary adjustment.



Article 4
DIRECTIVE
89/656/EEC

SECTION II
4. Personal protective equipment is, in principle, intended for personal
use.
If the circumstances require personal protective equipment to be worn by
more than one person, appropriate measures shall be taken to ensure
that such use does not create any health or hygiene problem for the
different users.



Article 4
DIRECTIVE
89/656/EEC

SECTION II

9. Personal protective equipment may be used only for the purposes
specified, except in specific and exceptional circumstances.
It must be used in accordance with instructions.
Such instructions must be understandable to the workers



Article 5
DIRECTIVE
89/656/EEC

Assessment of personal protective equipment
1. Before choosing personal protective equipment, the employer is required to
assess whether the personal protective equipment he intends to use satisfies
the requirements of Article 4 (1) and (2).
This assessment shall involve:
(a) an analysis and assessment of risks which cannot be avoided by other means;
(b) the definition of the characteristics which personal protective equipment must
have in order to be effective against the risks referred to in (a), taking into
account any risks which this equipment itself may create;
(c) comparison of the characteristics of the personal protective equipment
available with the characteristics referred to in (b).
2. The assessment provided for in paragraph 1 shall be reviewed if any changes
are made to any of its elements.



Part3
valencian region



INTRODUCTION: VALENCIAN REGION

COMUNITAT VALENCIANA
Total surface area: 23.000 km2

 4,800.000 inhabitants, the population of the region accounts
for 10.5 % of the total Spanish population

income per inhabitant: 93(EU25=100)

Valencia is the third largest city in Spain

population density:185 inhabitant/Km2

One of the co-official languages of Spain together with
Galician, Catalan and Basque is Valenciano

The Region of Valencia is located on the Mediterranean coast of Spain and
is part of the so-called Mediterranean Arch,
an axis which has experienced
Fundación Comunidad Valenciana – Regiónrates in the European Union
one of the fastest economic growth Europea www.uegva.info


20 YEARS MANAGING EUROPEAN FUNDS
1994 / 1999 2000 / 2006
1.040 M ecus 2.744 M €
ERDF: 607M, ERDF: 2.055M,
ESF: 310M, ESF: 476M,
Agriculture funds: 123M Agriculture funds: 212M
3000 3000

2500 2500

2000 2000

1500 1500

1000 1000

500 500

0 0

ERDF ESF EAGGF Total ERDF ESF EAGGF Total



20 YEARS MANAGING EUROPEAN FUNDS

ENVIRONMENT AND HYDRIC RESOURCES

TRANSPORT AND ENERGY NETWORKS

COMPETITIVENESS AND PRODUCTIVE FABRIC IMPROVEMENT

KNOWLEDGE SOCIETY (Innovation, I+D, INFSO)

LOCAL AND URBAN DEVELOPMENT

AGRICULTURE AND RURAL DEVELOPMENT



EUROPEAN PARTNERSHIPS:
AN INSTRUMENT FOR ADDED VALUE

Permanent structures for European partnerships



VALENCIAN REGIONAL DELEGATION IN BRUSSELS
The Valencian Regional Office in Brussels is part of the Regional
Ministry for Cooperation and Participation which depends on the
Presidency of the Valencian Region.
The Delegation aims to disseminate the image of the Valencian Region in
Brussels through region marketing, as well as to promote the training to the
young of the Valencian Region by means of the promotion of public programs and
private grants.

It represents, defend and promotes the Valencian Region interest before the
European Union. In order to achieve this goals the Delegation works closely with
the different European institutions, the Spanish Permanent Representation to the
EU, the Regional Offices and other permanent representations of other European
Members.

Active participation in the European parliament activities and Committee of the
Regions (Commission RELEX and DEVE) initiatives in favour of economic growth
and subsidiarity respect .


The Foundation Comunidad Valenciana - Región Europea:

a new instrument for the Valencian region

FCVRE
Foundation Comunidad Valenciana – Región Europea
(created in 2003)



VALENCIAN REGION
Public Private Partnership (PPP)

The Foundation Comunidad Valenciana - Región Europea:
a new instrument for the Valencian region

 Public sector  Private sector
Regional Energy,
and local saving banks,
administrations chambers of commerce,
Public organizations universities,
pro associations



European projects with the involvement of the FCVRE

Number of approved projects

41
Valencian budget of approved projects

54.0 Mo €
Total budget of approved projects

109.2 Mo €
Projects under evaluation

10 projects



Development of the Fundación Comunidad Valenciana –
Región Europea (2003-2007)

50

45 54
40
72
35 41
30

25

20

15

10

5 6
0 0 3 0 0
Human Resources Antennas Agreements Projects



Development of the Fundación Comunidad Valenciana –
Región Europea (2003-2007)

Valencian people trained about European issues

60
50
54
40
30
20 6 6
24 24
0 0
10
6
0
Re- Trainees Local TOTAL
insertion Agents


Re-insertion into employment

SERVEF Subsidy ESF

Subsidy People

EMORGA (year 2005) 99.968.94€ 15
Mobility Programmes and Traineeships

EMORGA (year 2006) 79.976.49€ 13
People

“Youong Salary” 74.951.05€ 6
EURODYSEE 5
(year2005)

TOTAL 254.896.48 34
Traineeships at other entities 30
(IMPIVA, IVEX, FEPORTS,
Development Cooperation)

TOTAL 35


37

Current Human Capital: 54 people

Gender
CAPITAL HUMANO
40
FCVRE 2006
30 16 31
20 Men
Wom en
Trainees; 10
15%
0
2007

Degrees
Re-insertion
into 50
Fixed Staff; employment 40
62% 23%
30
36 Bachelor
20 Graduate
10 11
0
2007



VALENCIAN REGION TRAINEE PROGRAMS

An instrument of European integration
opportunity for all young people willing to have an experience
abroad or to complete their studies within the framework of a
European programme of mobility of this institution.




• La FCVRE has a long experience in the exchange of
young people and has obtained the leadership as
office welcoming young European people coming for
internships.
The FCVRE does not only have experience in terms
of training, besides it is leader in innovation,
technology and projects difusión.

• From our institution, young people are offered an
adequate methodology and taking into account a
number of thematic areas developing themes of
interest for the Valencian Community.

• Under the supervision of a tutor, carry out tasks of
support, thus gaining training and professional
internship which will help them findingwww.uegva.info
Fundación Comunidad Valenciana – Región Europea
a job.


interregional collaboration

• Our objective is to keep progressing in the interregional collaboration within the scope of the
EU, in which the Valencian Community raises the possibility for young people with certain
experience, knowledge of languages and motivated to work of joining the liaison offices
of the European regions.
• The fundamental objective is to narrow the ties of cooperation between regions including the
young people within their own funding programmes, or within the European programmes
of employment and training.
• Common Project
• Defined by the participating regions in the exchange. The young people would be under
the supervision of two tutors according to the following criteria:
• -Internships during three days in the hosting office and another one in the office of origin in
order to coordinate and supervise the tasks by the tutor of origin.
• -On Fridays, the trainee could keep on working at the FCVRE in order to continue his
training on themes of management, languages, European institutions, etc. for instance.
• www.uegva.info adl@delcomval.be



Public Private Partnership

 Public Private Partnership, the tool of the Foundation Comunidad Valenciana -
Región Europea promotes and provide European service to social and
economic bodies in our region.

 In 1999, the first policy on PPP was approved to develop innovation projects on
the framework of the urban management by means of the research of new
technologies solutions:. www.valenciainnova.info

 The Valencian Government has identified PPP as a priority and collaborates
with the Foundation on the expenses: location, infrastructure…

 12% of operational expenses are financed by the Valencian Government

 48% other entities support: Intercitrus, IMPIVA, FEPORTS, Saving Banks
Association, Feria Valencia, Feria de Alicante…

 40% Self – financing: European projects, allowance, services to third
parties…


Best Practices
Project Valencia Towers
Port of Valencia



Best Practices
Local development

The engagement of the FCVRE at local and regional level is
to promote the relations between municipalities and
provinces with other European regions

• Objetive: promote the participation of municipalities among the
transnational cooperation, participation in European projects,
agreements in technological and innovation transfer between
municipalities, as well as signature of agreements in technical
assistance or regional networks.

• Local and regional governments can participate in the new strategic
objectives of the EU

• The local and regional governments can be an example of change
innovating directly in municipal structures and improving the services
forFundación Comunidad Valenciana – Región Europea
citizens. www.uegva.info


Cooperation with Local Development Agencies of
Municipalities

• Agreement of cooperation between FCVRE and the Federation of
Municipalities and Provinces

• Stage of Local Development Agents in Brussels

• Training programes

• Duration around 6 months

• Objective of the stage: direct participation in projects among european
funds and municipalities networks



Municipalities

FIRST AGREEMENT with municipality of San Antonio de Benagéber

. Incorporation date in Brussels: April 2005

Participation in Open days
International meetings
Taiex / Employment projects

. Objective: Leader in environment and cultural projects
. Contact: Miguel Mares Garcés (sabenageber_adl@gva.es),



Municipalities

• City Council of Vila-real: after municipal elections they have created a
new European integration department to coordinate and develop
European projects
• City Council of Vila-real: after municipal elections they have created a
new European integration department to coordinate and develop
European projects
• AGREEMENT with municipality of Vila-Real (Castellón)

• . Incorporation date in Brussels: September 2006
• . Objective: participation in three European projects 1.
PROYECTO EASY ( IEE CALL FOR PROPOSAL 2006 )
• 2. ESTABLISHMENT OF LOCAL AND REGIONAL ENERGY
AGENCY ( IEE CALL FOR PROPOSALS 2006 )
• 3. TAXI DRIVER ( LEONARDO PROGRAMME )
•
– Contact: Amelia Delcampo Carda ( afic@ajvila-real.es)



Municipalities III

AGREEMENT with County Council of La Ribera Alta

Incorporation date: February 2007
Objective: participation in European projects
Contact: Laura Bas (innovacion@delcomval.be )

County Council of La Mancomunitat de la Ribera. Among a
consortium with other County Council they have created two autonomous
entities for economic and social development in the cities: PATER
(Territorial Pact for Employment) involved in projects. and Energy
Agency (AER) to establish a culture of energy saving and develop
projects.

WE ARE OPEN TO RECEIVE YOUR EXPERTS AND SHARE
EXPERIENCES, TO PARTICIPATE IN EU FUNDING !


http://www.uegva.info



We want to cooperate with you and are open to discuss new
ideas for future initiatives

You may find further information on our website:

www.uegva.info



Valencian Regional Office Rue
de la Loi, 227 – 4th Floor
B-1040 Brussels



Thank you for your kind attention!

Miguel Mares Garcés
Head of Human resources
adl@delcomval.be



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