Brussels, 08/10/2010 (Agence Europe) - On any construction site where a number of contractors are present, EU law requires that a safety coordinator be appointed when the plans are drafted or, at any rate, before work begins. This is the case no matter whether or not the work is subject to planning permission, or whether the work on the site involves particular risks. In addition, a safety plan must be drawn up where the work involves particular risks for the safety or health of workers - the number of contractors on site is not a determining factor in this. That, in short, is the judgment handed down by the Court in Case C-224/09 in reply to a question put to it by the Tribunale di Bolzano.
The Tribunale di Bolzano asked the Court whether the Italian law incorporating Directive 92/57/EEC (on minimum health and safety requirements at temporary or mobile construction sites) into national law was, in fact, in line with the said directive. Under the Italian law, private works for which planning permission is not required are not required to appoint a safety coordinator either for the drafting of the plans or for carrying out the works. It also requires a health and safety plan only where, in the case of private works not subject to planning permission, more than one contractor is engaged. The Court ruled, then, that the Italian law was at odds with the European directive. (F.G./transl.rt)