Den spesielle situasjonen for arbeidstakere med et tidsbegrenset eller midlertidig arbeidsforhold og den spesielle type risiko de utsettes for i enkelte sektorer, gjør det nødvendig å fastsette særskilte tilleggsregler, særlig med hensyn til å gi informasjon og opplæring, og med hensyn til helsekontroll for de berørte arbeidstakere.

Dette direktiv er et konkret ledd i gjennomføringen av det indre markeds sosiale dimensjon.

BAKGRUNN - II (fra Europakommisjonens faktaark, engelsk utgave)

Scope
• employment relationships governed by a fixed-duration contract (concluded directly between the employer and the worker);
• temporary employment relationships concluded between a temporary employment business (the employer) and workers.

Same level of protection
The workers concerned are afforded the same level of protection as regards health and safety at work as other workers in the undertaking. There is no justification for any difference in treatment under the employment relationship with respect to the protection of health and safety at work, particularly regarding access to personal protective equipment. The provisions of Directive 89/391/EEC and specific directives apply fully without prejudice to the more binding and/or more specific provisions set out in the Directive.

Informing the worker
The worker concerned must be informed beforehand of any risks he faces in any activity he takes up. He must be informed of any special occupational qualifications or skills or special medical surveillance required, and whether the job falls within the category of major risks as defined in national legislation.

The worker must receive sufficient training appropriate for the specific aspects of the job.

Medical surveillance
Temporary workers must not be used for work requiring special medical surveillance over a long period. Where exceptions are made, medical surveillance must continue beyond the term of the temporary employment contract.

Member States may ban the use of temporary workers for work that is particularly dangerous, especially work requiring special medical surveillance. Where Member States do not avail themselves of this option, they must adopt the necessary measures to ensure that the temporary workers and those who are called on to perform work requiring special medical surveillance are given it. They may provide that such surveillance should continue beyond the end of the employment relationship.

Responsibilities
For the duration of the assignment, the user undertaking is responsible for the safety, health and hygiene conditions under which the worker has to work, without prejudice to the responsibility of the temporary employment business.

The persons or departments responsible for ensuring that the preventive health rules are complied with must be notified of any assignment of temporary workers.

This Directive is without prejudice to national or Community provisions applying or introducing provisions that are more favourable to workers.

Background
This directive applies Framework Directive 89/391/EEC on minimum levels for the protection of the health and safety of temporary workers who run greater risks of accidents at work and occupational diseases than other workers.