On 22 December 2022, the European Court of Justice delivered its judgment in Case C-392/21 concerning the interpretation of the concept of "special corrective appliances" and the way in which they are supplied in accordance with Article 9 of Directive 90/270/EEC concerning the minimum safety and health requirements for work at a monitor.
In this respect, FACIAS requested that the Government Decision No 1028/2006 on the minimum health and safety requirements for the use of display screen equipment be supplemented in accordance with the CJEU.
Following the reply received by FACIAS, the Ministry of Labour and Social Solidarity made the following clarifications:
Starting from the provisions of Government Decision No 1028/2006 defining "worker" as a person employed in accordance with the provisions of Article 5 letter a) of the Law on Occupational Safety and Health No 319/2006, who regularly uses display screen equipment for a significant duration of normal working time, employers:
- Are required to carry out a workstation analysis to assess the health and safety conditions offered to workers, particularly with regard to possible risks to eyesight, physical problems and mental strain.
- They must take appropriate measures to remedy the risks identified, taking into account the additional and/or combined effects of the risks identified.
- Must plan the worker's tasks so that daily use of the visual display screen is periodically interrupted by breaks or changes of activity, which reduce overstrain in front of the visual display screen.
With regard to the provision by the employer of special corrective devices, by direct provision or reimbursement of expenses incurred by the worker:
- The risk assessment document drawn up and assumed by the employer must set out the workstations where work with viewing screens is predominant.
- The conditions and procedures for the provision of special corrective devices by the employer shall be determined by each employer in accordance with internal rules/procedures.
- Regardless of how the employer provides the special corrective devices, it must not involve any financial cost to the workers.
- The provision of special corrective devices by the employer shall only be made on the basis of a recommendation of the occupational physician, recorded in the fitness form attesting to such visual impairment in connection with an activity involving monitor equipment.
- The cost of special corrective devices cannot be estimated.
- If employers choose more expensive devices (e.g. with designer frames, or lenses with optional treatment required for work), the employer is not obliged to pay for it.
The full response sent by the Ministry of Labour and Social Solidarity can be seen below.
