Ordinance No 7 of 23.09.1999 on the minimum requirements for health and safety at Work and upon use of working equipment
Issued by the Minister of Labour and Social Policy and the Minister of Health, Promulgated, State Gazette No. 88/8.10.1999, effective 9.01.2000, amended, SG No. 48/13.06.2000, effective 1.01.2003 - amended, SG No. 52/8.06.2001, amended and supplemented, SG No. 43/13.05.2003 (*), amended, SG No. 37/4.05.2004, effective 5.11.2004, amended and supplemented, SG No. 88/8.10.2004, effective 5.11.2004, SG No. 40/18.04.2008, SG No. 24/12.03.2013
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*In respect to the amendment and supplement effective as promulgated in SG No. 43/13.05.2003 see § 40 below
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Chapter One
GENERAL PROVISIONS
Article 1. (1) This ordinance determines the minimum requirements for health and safety at work:
1. at each workplace;
2. upon use of work equipment.
(2) This Ordinance shall apply in all enterprises and places where work is carried out according to Article 2 of the Health and Safety at Work Act (HSWA).
(3) This Ordinance shall apply by complying its provisions with the specific statutory instruments in respect to safety and protection of health at work, stipulating requirements for the following workplaces:
1. in transport used outside the enterprise and in transport vehicles;
2. on temporary or mobile platforms;
3. in the mining industry;
4. on fishing ships;
5. in the field, forests and other places which are part of agricultural and forestry enterprises and are located outside the buildings and the territory of the enterprise.
(4) (New, SG No. 43/2003) This Ordinance shall also be applied by the persons who work independently.
Article 2. Employers shall provide the application of the requirements of this Ordinance for the workplaces, the work process and in using the work equipment provided.
Article 3. (Amended, SG No. 88/2004) In addition to the obligations pursuant to HSWA an employer shall:
1. (supplemented, SG No. 43/2003, SG No. 40/2008) inform the workers and/or their representatives on health and safety at work about all measures related to the safety and protection of health which have been and will be taken at the workplace and in using work equipment. The information shall be easily understandable to the workers whom it concerns.
2. (supplemented, SG No. 40/2008) consult with the workers and/or their representatives on health and safety and create the opportunity for their participation on all issues related to this Ordinance.
Article 4. The requirements of this Ordinance, of the statutory instruments on safety and health at work in in respect to the different industries, activities, types of work and work equipment, as well as fire safety shall be fulfilled in organising and carrying out the work activity.
Chapter Two - DESIGNING AND CONSTRUCTION
(Title repealed, SG No. 37/2004)
Article 5. (Repealed, SG No. 37/2004).
Article 6. (Amended and supplemented, SG No. 43/2003, repealed, SG No. 37/2004).
Article 7. (Amended, SG No. 43/2003, repealed, SG No. 37/2004).
Article 8. (Supplemented, SG No. 43/2003, repealed, SG No. 37/2004).
Article 9. (Amended, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10. (Amended, SG No. 24/2013) The owner or the user of an enterprise, site or work equipment shall maintain a dossier containing:
1. (supplemented, SG No. 43/2003, amended, SG No. 24/2013) the executive documentation of the building or the part thereof referring to the design provision of the healthy and safe conditions of work - in the Technological Part, the protocols of successfully conducted single and acceptance tests of machinery and equipment and the act certifying putting the building in operation, proving the compliance of the completed construction works with the requirements of HSWA;
2. all documents registering periodical tests and inspections during the operation, including the repairs, as well as the measurements of the conditions of the working environment, including the results from the monitoring when provided for.
Article 10a. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10b. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10c. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10d. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10e. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10f. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10g. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10h. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10i. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Article 10j. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Chapter Three
TERRITORY OF THE ENTERPRISE
Article 11. (1) (Previous Article 11, amended, SG No. 43/2003) The territory of the enterprise (the site) shall be fenced and/or other measures shall be taken for restriction of the access of outsiders.
(2) (New, SG No. 43/2003) The direct vicinity and the boundaries of the enterprise territory shall be designed and designated in a manner that makes them clearly visible and easily recognizable.
Article 12. The composition design of the territory of the enterprise shall provide all conditions related to the safety and health of people.
Article 13. (1) The roads on the territory of the enterprise and the organisation of transport shall comply with the nature of the working activity, the vehicles used, the cargo transported and the requirements of this Ordinance.
(2) The roads on the territory of the enterprise shall be constructed and maintained with durable covering and shall be designated with the necessary marking, road signs and signals.
Article 14. Safety at the operation of railways property of an enterprise, including the places of their crossing with other roads and pedestrian crossings, shall be provided according to the statutory instruments of the Ministry of Transport and the Ministry of Interior.
Article 15. Masts, aerials, chimneys, towers, buildings and other installations, the height of which presents a danger for aviation shall be designated by light marking.
Chapter Four
INDUSTRIAL BUILDINGS, WORK PREMISES AND WORKPLACES
Section I
General Requirements
Article 16. Work premises and workplaces shall provide safe conditions of work and protection of the health of the workers.
Article 17. The characteristics of the workplace and of the activity, as well as the concrete circumstances and hazards shall be taken in consideration at fulfilment of the minimum requirements for health and safety at workplaces.
Article 18. (1) (Renumbered from Article 18, SG No. 43/2003) It shall not be permitted to exceed the established standards in respect of production micro-climate, noise, vibrations, dust, toxic substances, lighting, non-ionising and laser radiation in the work premises and at workplaces.
(2) (New, SG No. 43/2003, amended, SG No. 40/2008) Workers shall not be exposed under any circumstances to increased risk as a result of work in limited spaces.
(3) (New, SG No. 40/2008) Constant surveillance from outside shall be provided for workers in limited spaces and all appropriate measures shall be taken for effective and immediate aid.
Article 19. The buildings in which workplaces are located must have a construction and operation security according to their purpose.
Article 20. Technological processes and activities accompanied by a discharge of dust, toxic and other harmful substances, noise and vibrations above the established standard, the presence of ionising radiation, infrared radiation, ultraviolet radiation, lasers, electromagnetic fields, overheating microclimate, wet processes, etc. shall be organised in separate buildings or premises in compliance with the requirements of the statutory instruments for the respective type of activity for providing healthy and safe conditions of work and fire safety.
Article 21. Workplaces and work equipment, including ventilation systems, shall be cleaned regularly in compliance with the hygiene and technological requirements.
Article 22. (Amended, SG No. 88/2004) Work premises shall have sufficient area, height and air space allowing the workers to fulfil their jobs without risks for their safety, health and wellbeing.
Article 23. The free unoccupied area of the workplace shall be measured in a manner providing sufficient freedom of movement of the workers at fulfilment of their job.
Article 24. The size of the work premises, the number of people, the arrangement of the work equipment in them, the roads for transport vehicles and people and the free areas shall meet the requirements of the statutory instruments on safety and health at work and fire safety for the respective activity.
Article 24a. (New, SG No. 43/2003) (1) Mobile or fixed workplaces at a high or low location shall be stable and solid, taking into consideration:
1. the number of workers employed on the site;
2. the maximum possible load and distribution of loads;
3. any possible external impact.
(2) When the bearing and other parts of the workplaces are not stable enough their stability shall be provided through appropriate and safe anchoring devices in order to prevent any accidental and/or unwanted change of the position of the whole workplace and/or parts thereof.
(3) Stability and solidity shall be controlled in an appropriate way, particularly after any possible change of height, respectively depth of the workplace.
Article 25. The organisation of work, the size and the arrangement of the workplace shall comply with the physiological and ergonomic requirements for providing normal course of the working process and for removal or reduction of the risk for the health in fulfilment of the work.
Article 26. Workplaces shall be designed in compliance with the ergonomic requirements and with the anthropometric characteristics of the workers.
Article 27. The colour design of the workplace shall comply with the principles of ergonomy and industrial aesthetics, the architectural particularities of the work premises, the nature of the work process and the factors of the working environment.
Section II
Floors, Walls, Ceilings and Roofs of Premises
Article 28. (1) The floors of the work premises and of the individual workplaces and their elements shall be made and maintained in such a way as to be immobile and stable, not to be slippery, not have dangerous unevenness, slopes, obstacles or apertures.
(2) (Amended, SG No. 88/2004) The floors, the walls, the ceilings or the roofs of the premises, in which there are workplaces, shall have thermal insulation according to the kind of the work and the physical load of the workers in order to avoid risks for their health.
Article 29. The floors and the walls of the working premises shall be made of materials which do not release, do not let through and do not carry emissions harmful for people, and which comply with the requirements for fire safety.
Article 30. The surface of the floors, the walls and the ceilings of the premises shall be made in a suitable way which shall not complicate their regular cleaning according to production and hygiene requirements.
Article 31. (1) (Amended, SG No. 43/2003) Walls and other partitions made of transparent material, in premises or in proximity to workplaces and transport roads shall be marked or protected with a view to avoid collisions.
(2) (Supplemented, SG No. 43/2003) The transparent material shall be safe or the construction of the walls or partitions shall prevent harm to the workers in the event of their destruction.
Article 32. (Amended, SG No. 43/2003) Access to roofs and other surfaces made of materials of insufficient strength shall be permitted only by using devices providing safe work, with measures being taken to prevent involuntary stepping on these surfaces or falling through them.
Section III
Windows and Dormers
Article 33. (Supplemented, SG No. 43/2003) The windows, the dormers and the ventilation devices of the working premises shall be closed, opened and fixed in a chosen position in such a way as not to cause danger for the workers, as well as for the persons around the building, including when open.
Article 34. (1) Windows and dormers shall be designed with the necessary devices which allow their cleaning without a risk for the workers who fulfil the work, for the workers in the building and the persons around it.
(2) The windows and the dormers shall be maintained and cleaned by:
1. methods and devices provided by a project;
2. methods and forms provided by the employer.
Section IV
Doors and Portals
Article 35. The place, the number, the size and the type of the doors and the portals in the working premises and on the territory of the enterprise, as well as the materials of which they are made, shall be determined by the nature of the activity, the type of the working premises, the transport vehicles, the processed cargo and by the requirements for evacuation in cases of accidents and fire.
Article 36. Transparent doors and portals shall meet the requirements of Article 31 and their marking shall be at eye level.
Article 37. Rotating and swinging doors and portals shall be transparent or shall have apertures providing visibility.
Article 38. Sliding doors and portals must have safety devices against derailing and falling.
Article 39. Doors and portals opening upwards shall be provided with a device against uncontrolled reverse movement or falling.
Article 40. (Amended, SG No. 43/2003) Mechanised doors and portals shall move without creating hazards for workers.
Article 41. Mechanised doors and portals shall have an easily discernible and accessible opening mechanism.
Article 42. In case of accident in the power supply system the mechanised doors shall be opened automatically and shall remain open or liable to be opened manually.
Article 43. Heavy doors and portals shall be secured against unhinging and moving on their own.
Article 44. (1) The doors and the portals of the working premises shall provide the safe passage of workers.
(2) Doors for pedestrians may not be in the direct vicinity of portals provided for transport vehicles except if safe passage is provided for the pedestrians. The doors must be clearly marked and permanently free.
Article 45. The doors and the portals designated for passing of only transport vehicles shall be marked by signs prohibiting the movement of pedestrians.
Section V
Electric Facilities and Installations
Article 46. (1) (Renumbered from Article 46, amended, SG No. 88/2004, SG No. 40/2008) Electric and electricity distribution facilities and installations shall be designed and manufactured in a manner not allowing them to create fire or explosion hazards. The respective working persons exposed to such hazards shall be protected in an appropriate manner from risk of accidents, caused by direct or indirect contact with electricity.
(2) (New, SG No. 88/2004) The design, manufacture and the choice of materials and protection devices and protection means shall comply with the electric voltage, the conditions of the environment and the competence of the persons who have access to the installation or components thereof.
Article 47. (1) The design and manufacture of the electric facilities and installations, and the choice of the materials and safety devices used for them shall comply with the type and volume of electric voltage and the conditions of operation.
(2) The electric facilities and installations shall be serviced by persons with the necessary qualification and licence.
Article 47a. (New, SG No. 43/2003, repealed, SG No. 37/2004).
Section VI
Traffic Routes and Danger Zones
Article 48. Traffic routes shall be determined, located and dimensioned depending on their purpose.
Article 49. The routes used for pedestrians or for pedestrians and transport vehicles shall be dimensioned in compliance with the number of potential users and the type and the nature of the activities, always providing safe space of sufficient capacity for the pedestrians.
Article 50. Traffic routes, including stairways, steps, immovable stairs and places for loading and unloading, as well as the distances between the vehicles used and doors, portals, columns, corridors, pedestrian passages, stairways, work equipment, etc. shall be determined so that they provide the safety of the equipment, of the transport vehicles and the safety of pedestrians and workers in the vicinity of these traffic routes.
Article 51. (Supplemented, SG No. 43/2003) Traffic routes shall be designated and marked, maintained and controlled according to the established requirements.
Article 52. (1) (Renumbered from Article 52, SG No. 88/2004) For workplaces with danger zones, depending on the degree of the risk:
1. the established safety signs shall be placed;
2. devices shall be applied obstructing the access of unauthorised persons in these zones;
3. the necessary measures shall be taken for protection of the authorised workers upon entry into the danger zones.
(2) (New, SG No. 88/2004) The measures referred to in Item 1, 2 and 3 of Paragraph (1) shall apply at the places, where risk exists of falling through or falling objects.
Article 53. (1) Transport in enterprises effected by means of motor vehicles shall be organised in abidance by:
1. the statutory instruments on traffic safety, safety of operation, servicing and repair of the respective vehicles;
2. the requirements for fire safety;
3. the specific requirements of the technology and production.
(2) Operation of transport vehicles shall be prohibited:
1. in case of faulty signal (light and sound), steering, braking and lighting systems;
2. for unlicensed and unauthorised persons.
Article 54. The transportation of people by transport, lifting, cargo and other means of transport not designated for this purpose shall be prohibited.
Article 55. Escalators and conveyor tracks shall function safely, shall be provided with the necessary safety devices and their emergency switches shall be easily visible and accessible.
Section VII
Loading and Unloading Locations
Article 56. (1) (Supplemented, SG No. 88/2004) Loading and unloading locations shall comply with the size and the nature of the transported cargos and the applied technology of loading and unloading, and shall have at least one exit.
(2) Where technically possible, exits on both sides shall be provided for loading and unloading locations of considerable length.
Article 57. Measures shall be taken at loading and unloading platforms for protection of the workers and of the used machines from falling.
Article 58. Cargos shall be processed in compliance with the requirements for safety and health at work and the established signs and signals.
Article 59. Cargos classified as dangerous shall be transported and processed in compliance with the requirements of the statutory instruments specific thereto.
Section VIII
Emergency Roads and Exits
Article 60. Emergency roads and exits for evacuation in emergency situations, fires, disasters, etc., in compliance with the number of the employees, shall be provided in the working premises and in the buildings.
Article 61. Emergency roads and exits shall always be kept operational, free and clean with a view to provide the fastest possible exit of people out of the danger zone.
Article 62. Where danger arises, the possibility shall be provided for quick and safe evacuation of the workers from all workplaces.
Article 63. The number, the location and the size of the emergency roads and exits shall be determined depending on the location, the size, the use of equipment and workplaces, and the maximum number of people.
Article 64. (Amended, SG No. 43/2003, SG No. 88/2004) (1) Doors along emergency roads shall be closed in a manner enabling easy and immediate opening by any person, who has to use them in case of an accident.