An EU directive (91/383/EEC) ensures that fixed-term and temporary agency workers, who are more exposed to the risk of accidents at work and occupational diseases than other workers, have the same level of safety and health protection at work as other employees.

It also provides for a duty on undertakings to give adequate information and training to these particular workers before they take up their duties in order to protect their safety and health at work.

It gives Member States the option of prohibiting fixed-term and temporary workers from being used for certain types of work which would be particularly dangerous to their safety or health, and in particular for certain work which requires special medical surveillance as defined in national legislation. Member States are in any case required to ensure appropriate special medical surveillance. And they may decide that this surveillance should extend beyond the end of the employment relationship.

Finally, the Directive clarifies the responsibilities between temporary employment agencies and user undertakings regarding information and training and the conditions governing performance of the work.

The text of the Directive is available, as well as the relevant preparatory documents and Commission report, and a study on the practical implementation of national legislation on safety and health at work.

Directives

• Directive 91/383/EEC supplementing the measures to encourage imporvements in the safety and health at work of workers with a fixed-duration employment relationship or a temprary employment relationship

Preparatory Documents

• Proposal for a Directive supplementing the measures to encourage improvements in the safety and health at work of temporary workers - COM(90) 228
• Amendment to the proposal for a Directive supplementing the measures to encourage improvements in the safety and health at work of temporary workers - COM(90) 533 / Explanatory Memorandum

Implementation Reports

• Report on the implementation of Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship
• Commission Staff Working Paper: Implententation of Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relatioonship - SEC(2004) 635
• Commission Staff Working Paper: Implementation by Member States of Council Directive 91/383/EC of 25 June 1991 supplementing the measures to encourage improvements in the safety and healt at work of workers with a fixed-duration employment relationship or a temporary employment relationship - SEC(2011) 982

Studies

• Study to analyse and assess the practical implementation of national legislation of safety and health at work
• Report (Executive Summaries) on the implementation of Directive 91/383/EEC in Bulgaria and in Romania (2009)