Ordinance No 3 Dated 19.04.2001 on Minimum Requirements for Provision of Health and Safety
Ordinance No 3 dated 19.04.2001 on minimum requirements for provision of health and safety to workers during use of personal protective equipment at the workplace
Issued by the Minister of Labour and Social Policy and the Minister of Health, promulgated SG, Issue 46 dated 15.05.2001, in force as of 16.08.2001, as amended and supplemented, Issue 40 dated 18.04.2008.
Section I
General
Article 1. This Ordinance determines the minimum requirements for health and safety of workers during use of personal protective equipment at the workplace.
Article 2. This Ordinance is subject to application in all enterprises, places/locations, and activities pursuant to the provision of Article 2 of the Health and Safety at Work Act.
Article 3. (1) This Ordinance is subject to application for:
1. ordinary working clothing, not specifically intended for protection of health and safety of the worker;
2. personal protective equipment, worn or used by the military, police, and other public order agencies;
3. sports equipment;
4. self-defense or deterrent equipment;
5. devices, including portable devices, for detecting and signaling risks and nuisances.
(2) This Ordinance applies via coordination of its provisions to the specific normative deeds, regulating the requirements for personal protective devices for:
1. emergency and rescue services;
2. road transport.
Article 4. Personal protective devices are used when risks cannot be avoided or reduced to an adequate degree via the collective protective means or via measures, methods, and procedures during the organization of work.
Section II
Obligations of employer
Article 5. (1) In the event of health and safety related risks, which cannot be eliminated, the employer must provide workers the requisite personal protective equipment/devices.
(2) During the use of personal protective equipment observation must take place of this Ordinance’s requirements, along with the requirements of the specific normative deeds related to labour health and safety during execution of work in different productions, activities, work types, and working equipment, as well as fire and emergency safety.
(3) The normative deeds pursuant to Paragraph 2 also contain cases, situations, and circumstances, under which the employer, regardless of the fact it has fulfilled the priority obligation for implementation of collective protection means, must also provide personal protective equipment/devices coordinated in line with the respective conditions.
Article 6. (As amended - SG, Issue 40 dated 2008) Personal protective equipment/devices must conform to the norms and requirements pertaining to provision of health and safety, contained in the normative deeds applicable to personal protective equipment/devices, connected to the essential product requirements, intended for marketing and/or commissioning into operation.
Article 7. Personal protective equipment/devices must:
1. provide protection from risks, for which they are applied, excluding increase of any risk resulting from their use;
2. conform to the conditions of the respective workplace;
3. be coordinated in line with the ergonomic requirements and the health state of workers;
4. conform to the size of the user/wearer, if required, after suitable adjustments.
Article 8. When the presence of more than a single hazard requires workers to more than one personal protective device, the respective device/s must be compatible during simultaneous use and must retain their effectiveness against the specific hazards.
Article 9. The conditions for use of personal protective devices, especially the duration during which the workers wear the equipment/devices, are determined by the workplace of each worker, exposure, risk level, and characteristics and effectiveness of the personal protective device/s.
Article 10. (1) Personal protective equipment/devices are intended for individual use.
(2) If circumstances require wearing of personal protective equipment/devices by more than one person, suitable measures must be adopted for disallowing the rise of hygienic and health problems in separate users.
Article 11. For each personal protective device in the enterprise (organization) provision must take place of information, accessible to workers, regarding relevant application of the requirements pursuant to Article 6, 7, 8, and 9.
Article 12. The employer must inform in advance each worker of the risks against which the issued personal protective devices provide protection.
Article 13. The employer must provide workers training and must organize demonstration of use, storage, and manner of inspection for fitness of use of personal protective equipment.
Article 14. The personal protective equipment/devices must be used only for the intended purpose, save for specific and extraordinary circumstances.
Article 15. (1) The personal protective equipment/devices must be used in line with the employer’s and manufacturer’s instructions.
(2) The instructions pursuant to Paragraph 1 must be comprehensible to the workers.
Article 16. (1) Prior to execution of relevant selection, the employer must assess whether the personal protective equipment/devices intended for use, conform to the requirements of Article 4, 5, 6, 7, and 8.
(2) The assessment pursuant to Paragraph 1 includes:
1. analysis and assessment of risks, which cannot be avoided in any other way;
2. determination of characteristics, which each personal protective device must possess, in order to be effective against the risks, pertaining to Item 1, also taking into account all risks arising from the use of the very personal protective device;
3. comparison of characteristics of available personal protective devices to the characteristics of the required personal protective devices in line with Item 2.
(3) The assessment under this article must be executed in writing and must be reviewed and updated, if any change sets in or is envisioned in the circumstances or in any element of the assessment.
Article 16а. (New - SG, Issue 40 dated 2008) (1) The employer must undertake the required measures for fulfillment of requirements of Articles from 4 to 16 and of the general requirements for use and/or for provision of personal protective equipment/devices pursuant to the provisions of Appendix No 1, No 2, and No 3 upon observation of regulations of the normative deeds regarding the essential product requirements, intended for marketing and/or commissioning into operation.
(2) The general requirements pursuant to Paragraph 1 must be applied, taking into account all substantial risk changes, in the collective personal protective means and the personal protective equipment/devices, due to the technical progress.
Article 17. (1) The employer must determine the workplaces and work types subject to use of personal protective equipment/devices, pursuant to Article 4, based upon executed workplace risk assessment, bearing in mind: the non-exhaustive list of activities, which may require the application of personal protective equipment/devices, specified in Appendix No 1, the non-exhaustive list of personal protective equipment/devices, specified in Appendix No 2, the table for body parts of workers, exposed to risks, specified in Appendix No 3.
(2) Depending on the workplace specifics, the possible hazards and risk assessment results, the employer must determine the requisite personal protective equipment/devices regardless of the fact whether the activities, personal protective equipment/devices, and risks are indicated or not in Appendix No 1, 2, and 3.
(3) After execution of activities required by this Ordinance the employer must draw a list containing:
1. workplaces, professions, and types of work subject to use of personal protective equipment/devices;
2. type, name, and precise identification of each personal protective equipment/devices;
3. specific hazards/risks, for which the indicated personal protective equipment/devices apply;
4. the term of fitness for use of personal protective equipment.
(4) The list pursuant to Paragraph 3 is subject to notification to workers.
Article 18. (1) The personal protective equipment/devices must be provided to workers on the date they are admitted to work.
(2) The employer must provide only personal protective equipment/devices fully fit for use and compliant to this Ordinance’s requirements.
Article 19. The cleaning, washing, disinfection, degassing, deactivation, repair, etc. actions pertaining to the maintenance, as well as the replacement of personal protective equipment/devices must be organized on part of and to the account of the employer.
Article 20. The personal protective equipment/devices are subject to use:
1. permanently – when hazards are always present;
2. periodically – when hazards arise under certain conditions of work;
3. on emergency basis – during emergency/accidents, calamities, catastrophic events, etc. similar circumstances.
Article 21. The storage locations of personal protective equipment/devices, used in emergency situations, must be determined by an order on part of the employer.
Article 22. The employer provides a reserve of personal protective equipment required to ensure safe performance of labour activities.
Article 23. (1) The employer must provide periodic inspections pertaining to the qualities of the personal protective equipment/devices.
(2) A protocol must be drawn regarding the executed inspections.
Article 24. In the event faults of personal protective equipment/devices are detected, the workers must immediately notify the employer for adoption of requisite measures.
Article 25. (1) The personal protective equipment/devices, including the special work clothing, are short-term assets of the enterprise and must be recorded as materials in line with the established order.
(2) The personal protective equipment/devices, including the special work clothing, after receipt on part of workers, are recorded in the field of enterprise upkeep. They are subject to out of balance reporting during the term of normal use.
Article 26. (1) Upon termination of the labour relations or in the event of change of relevant workplace, the worker must return to employer the issued for use personal protective equipment/devices, including the special work clothing.
(2) The special work clothing, connected to the parameters of the microclimate at the workplace - temperature, humidity, and ventilation/air velocity, after expiration of the term of use is not subject to return.
Article 27. Upon termination of the labour relations or in the event of change of relevant workplace, the worker may retain the special work clothing, connected to the parameters of the microclimate of the workplace, after paying the cost remaining up till the expiration of the term designated as fit to wear.
Article 28. (1) Lost, destroyed, or damaged personal protective equipment/devices, prior to expiration of the term designated as fit to wear/use, not due to worker’s culpability, ascertained by a protocol of the employer, is subject to replacement with new personal protective equipment/devices.
(2) When the personal protective equipment/devices is lost or destroyed due to worker’s culpability, the employer must provide worker with new equipment/devices and may seek property related liability for the remaining cost up till the expiration of the term designated as fit to wear, in line with the Labour Code provisions.
ADDITIONAL REGULATIONS
(As amended - SG, Issue 40 dated 2008)
§ 1. Within the meaning of this Ordinance:
1. (As amended - SG, Issue 40 dated 2008) "Personal protective equipment/devices" has the meaning defined in § 1, Item 7 of the Additional Regulations to the Health and Safety at Work Act.
2. "Employer" has the meaning defined in § 1, Item 2 of the Additional Regulations to the Health and Safety at Work Act.
3. "Enterprise" has the meaning defined in § 1, Item 2 of the Additional Regulations to the Labour Code.
§ 1а. (New - SG, Issue 40 dated 2008) This Ordinance implements the regulations of Directive 89/656/EEC of the Council dated November 30th, 1989 on minimum health and safety requirements for personal protective equipment of workers used at the workplace (third special directive within the meaning of Article 16, Paragraph 1 of Directive 89/391/EEC).
TRANSITIONAL AND CONCLUDING REGULATIONS
§ 2. This Ordinance is issued based upon Article 284, Paragraph 3 of the Labour Code and Article 36, Item 2 of the Health and Safety at Work Act.
§ 3. This Ordinance enters into full force and effect three months after its promulgation in the "State Gazette".
§ 4. As of the date of entry into force this Ordinance repeals Ordinance No 11 dated 1993 on special work clothing and personal protective equipment (SG, Issue 66 dated 1993).
§ 5. Instructions regarding this Ordinance’s application are issued on part of the Ministry of Labour and Social Policy and the Ministry of Health.
§ 6. The control regarding this Ordinance’s observation is performed on part of Executive Agency "General Labour Inspectorate" with the Minister of Labour and Social Policy.
Appendix No 1 to Article 17
Non-exhaustive list of activities, which may require application/use of personal protective equipment
1. Head protection (skull protection)
1.1. Protective helmets
1.1.1. Building work, especially work on, underneath or in the vicinity of scaffolding and elevated workplaces, erection and stripping of formwork, assembly and installation work, work on scaffolding and demolition work.
1.1.2. Work on steel bridges, steel building constructions, masts, towers, steel hydraulic structures, blast furnaces, steel works and rolling mills, large containers, large pipelines, boiler plants and power stations.
1.1.3. Work in pits, trenches, shafts, and tunnels.
1.1.4. Earth and rock works.
1.1.5. Work in underground workings, quarries, open diggings, coal stock removal.
1.1.6. Work with bolt-driving tools.
1.1.7. Blasting works.
1.1.8. Work in the vicinity of lifts, lifting gear, cranes and conveyors.
1.1.9. Work with blast furnaces, direct reduction plants, steel works, rolling mills, metal works, forging, drop forging, and casting.
1.1.10. Work with industrial furnaces, containers, machinery, silos, bunkers, and pipelines.
1.1.11. Shipbuilding.
1.1.12. Railway shunting work.
1.1.13. Slaughterhouses.
2. Protection of lower limbs /Foot protection/
2.1. Safety shoes with puncture-proof soles.
2.1.1. Carcase work, foundation work, and roadworks.
2.1.2. Scaffolding work.
2.1.3. The demolition of carcase work.
2.1.4. Work with concrete and prefabricated parts involving formwork erection and stripping.
2.1.5. Work in contractors’ yards and warehouses.
2.1.6. Roof work.
2.1.7. Assembly of technological equipment, pipelines, and installations.
2.2. Safety shoes without pierce-proof soles
2.2.1. Work on steel bridges, steel building constructions, masts, towers, lifts, steel hydraulic structures, blast furnaces, steelworks and rolling mills, large containers, large pipelines, cranes, boiler plants and power stations.
2.2.2. Furnaces construction, heating and ventilation installation and metal assembly work.
2.2.3. Conversion and maintenance work.
2.2.4. Work with blast furnaces, direct reduction plants, steelworks, rolling mills, metalworks, forging, drop forging, hot pressing and drawing plants.
2.2.5. Work in quarries and open diggings, coal stock removal.
2.2.6. Working and processing of rock.
2.2.7. Flat glass products and container glassware manufacture, working and processing.
2.2.8. Work with moulds in the ceramics industry.
2.2.9. Lining of kilns in the ceramics industry.
2.2.10. Moulding work in the ceramic ware and building materials industry.
2.2.11. Transport and storage.
2.2.12. Work with frozen meat blocks and preserved food packaging.
2.2.13. Shipbuilding.
2.2.14. Railway shunting work.
2.2.15. Work involving batteries and chargers, electrolysis systems, electric welding machines and facilities, capacitor systems and electric filters.
2.3. Safety shoes with heels or wedges and pierce-proof soles
2.3.1. Roof work.
2.4. Protective shoes with insulated soles
2.4.1. Work with and on very hot or very cold materials.
2.5. Safety shoes which can easily be removed
2.5.1. Where there is a risk of penetration by molten substances.
3. Eye or face protection
3.1. Protective goggles, face shields or screens
3.1.1. Welding, grinding, and separating work.
3.1.2. Caulking and chiseling.
3.1.3. Rock working and processing.
3.1.4. Work with bolt-driving tools.
3.1.5. Work on stock removing machines for small chippings.
3.1.6. Drop forging.
3.1.7. The removal and breaking up of fragments.
3.1.8. Spraying of abrasive substances.
3.1.9. Work with acids and caustic solutions, disinfectants and corrosive cleaning products.
3.1.10. Work with liquid sprays.
3.1.11. Work with and in the vicinity of molten substances.
3.1.12. Work with radiant heat.
3.1.13. Work with lasers.
4. Respiratory protection
4.1. Respirators/breathing apparatus.
4.1.1. Work in containers, restricted areas and gas-fired industrial furnaces, where there may be gas or insufficient oxygen.
4.1.2. Work in the vicinity of blast furnace charge.
4.1.3. Work in the vicinity of gas converters and blast furnace gas pipes.
4.1.4. Work in the vicinity of blast furnace taps where there may be heavy metal fumes.
4.1.5. Work on the lining of furnaces and ladles where there may be dust.
4.1.6. Painting via the use of atomizers, when dust removal is inadequate.
4.1.7. Work in shafts, sewer pipes, etc. underground facilities, connected to sewers.
4.1.8. Work in refrigeration plants where there is a danger that the refrigerant may escape.
4.1.9. Sand blasting activities.
4.1.10. Replacement of filters of dust cleaning facilities.
4.1.11. Disassembly or demolition of asbestos materials.
4.1.12. Work in mine galleries, shafts, cinder heaps, tailing dams, gain bunkers, and thermal power plants.
5. Hearing protection
5.1. Ear protectors
5.1.1. Work with metal presses.
5.1.2. Work with pneumatic drills.
5.1.3. The work of ground staff at airports.
5.1.4. Grinding, filing.
5.1.5. Other activities generating noise levels exceeding the specified norms.
6. Protection of body and upper limbs /Body arm and hand protection/
6.1. Protective clothing
6.1.1. Work with acids and caustic solutions, disinfectants and corrosive cleaning substances.
6.1.2. Work with or in the vicinity of hot materials and where the effects of heat are felt.
6.1.3. Work on flat glass products.
6.1.4. Shot blasting.
6.1.5. Work in deep freeze rooms.
6.1.6. Work in X-ray premises, work with scanners.
6.2. Fire-resistant protective clothing
6.2.1. Welding in restricted areas.
6.3. Pierce-proof aprons.
6.3.1. Boning and cutting work.
6.3.2. Work with hand knives, involving drawing of of knife towards the body.
6.4. Leather aprons.
6.4.1. Welding.
6.4.2. Forging.
6.4.3. Casting.
6.5. Forearm protection.
6.5.1. Boning and cutting.
6.6. Gloves.
6.6.1. Welding.
6.6.2. Handling of sharp edged objects, other than machines, where there is a danger of the gloves’ being caught.
6.6.3. Unprotected work with acids and caustic solutions.
6.6.4. Work with electrical facilities.
6.7. Metal mesh gloves
6.7.1. Boning and cutting.
6.7.2. Regular cutting using a hand knife for production and slaughtering.