Opinion of the Economic and Social Committee on the "Proposal for a Council Directive amending for the second time Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (2nd individual Directive within the meaning of Article 16 of Directive 89/391/EEC)"

(1999/C 138/10)

On 18 December 1998, the Council decided to consult the Economic and Social Committee, under Article 118a of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the Committee's work on the subject, adopted its opinion on 4 March 1999. The rapporteur was Ms Polverini.

At its 362nd plenary session (meeting of 25 March 1999) the Economic and Social Committee adopted the following opinion by 81 votes to 22 with 14 abstentions:

1. Introduction

1.1. The Commission's proposal for a directive amends Directive 89/655/EEC(1) on minimum safety and health requirements for the use of work equipment by workers, with a view to incorporating a number of aspects relating to the equipment in question that were not included when the Directive was first amended by Council Directive 95/63/EC(2).

1.2. The aim of the proposal, based on Article 118 of the Treaty, is to improve health and safety standards in the use of equipment for temporary work at a height, and thus contribute to a substantial reduction in the number of falls. Statistics on accidents involving falls from a height (accounting for 10 % of occupational accidents) have confirmed that this type of work exposes workers to a high degree of risk.

1.3. The Commission states that ladders and scaffolding are the equipment most frequently used in performing temporary work at a height and that worker safety depends on the way the work is planned, the technical specifications of the equipment, and procedures and instructions for its use.

1.4. On the basis of the above, the annexe to the proposal gives details on the choice and use of work equipment enabling access to and presence at working places at a height, with particular detail on the use of ladders and the assembly and dismantling of scaffolding.

2. General comments

2.1. The Economic and Social Committee endorses the Commission proposal and its declared intention to protect workers who use equipment for temporary work at a height, given the seriousness of the problem of falls.

2.2. However, the ESC has a number of suggestions to make with a view to improving the terminology, which in some instances is imprecise. The chief aim of the proposals remains however that of ensuring proper worker protection, by means of higher safety standards in work planning, on the basis of specific technical requirements for the equipment used and of safe working procedures.

2.2.1. To that end, the Committee maintains that to cut the number of accidents drastic action must be taken with regard to work planning, first and foremost by establishing more precise "written working procedures" giving specific equipment requirements (portable ladders and scaffolding) and mandatory instructions for use.

2.3. In this context, and echoing Directive 89/391/EEC(3) on improvements in the safety and health of workers at work, the Committee would stress that only workers who have received proper training should be employed to use equipment that presents a specific risk, such as that used for work at a height (scaffolding, etc.).

2.4. The ESC recommends that the Commission urge the Member States to prepare an incentive scheme to help small and medium-sized firms to implement health protection measures effectively, with a special focus on training staff to use work equipment.

2.5. More specifically, in view of the intensive use of scaffolding by building, demolition and maintenance companies, the Committee calls on the Commission to draw up more detailed planning guidelines. Plans should contain a technical statement, instructions and assembly diagrams.

2.5.1. The statement could cover:

- a description of the scaffolding components, their dimensions and tolerance limits, and a general plan;

- the strength properties of the materials used and safety factors applying to individual materials;

- details of the load tests that the various components have undergone;

- design calculations for the scaffolding under various working conditions;

- instructions for scaffolding load tests;

- instructions for the assembly, use and dismantling of the scaffolding, in order to avoid the risk of falling, falling objects, work load injuries and other risks;

- standard scaffolding plans, indicating maximum overload capacity and scaffolding heights and minimum allowable deck widths, where calculations are unnecessary for every individual application.

3. Specific comments(4)

3.1. ANNEXE point 4.1.1, first paragraph: Replace "adequate" with "appropriate".

3.1.1. Clearly, to eliminate the risk factor, safety standards for worker protection must be "appropriate" rather than just "adequate".

3.2. Point 4.1.1: second paragraph: this amendment to the wording of the Italian language version does not affect the English version.

3.3. Point 4.1.2: Amend paragraph as follows:

"The use of portable(5) ladders (may be used) as working places for work at a height (only under) shall be strictly limited to circumstances in which the use of other, safer work equipment is not justified in view of the short duration of use and low level of risk."

3.3.1. It should be stressed that portable ladders are not intended for use as working places, but only as a means for going up or down.

3.4. Point 4.1.4: Amend paragraph as follows:

"Depending on the type of work equipment chosen on the basis of the foregoing requirements, the appropriate precautions to reduce the risks inherent (to which it gives rise) in its use shall be determined. (If necessary) Provision shall be made, as a priority, for the installation of collective fall risk protection measures or safeguards. These shall be of suitable configuration and of sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. They may be interrupted only at points of ladder or stairway access."

3.4.1. It is also worth referring to Article 6 of Framework Directive 89/391/EEC on the priority to be given to "collective protection measures", which gives individual protection measures a supplementary role only.

3.5. Point 4.1.5: Add the following new paragraph:

"For reasons of health and safety, instructions for assembling, using and dismantling the necessary scaffolding and ladders must be made available to the workers using them. These instructions must be continually updated."

3.6. Point 4.2.1: Amend paragraph as follows:

"Ladders shall be so positioned as to ensure their stability during use. Portable ladders shall rest on a stable, strong, immobile and horizontal footing. Suspended ladders, other than rope ladders, shall be fixed in a secure manner to ensure that they cannot be displaced or swing (and prevent swinging)."

3.7. Point 4.2.2: Amend paragraph as follows:

"Before portable ladders are brought into service, their feet shall be prevented from slipping by securing the uprights at or near their upper or lower ends, by any anti-slip device or by (any) another arrangement of equivalent effectiveness. As a priority, ladders should be secured firmly using all possible means. If this is totally impossible, the lower end should be held by another person. Ladders should be long enough for their uprights to protrude sufficiently beyond the access platform. Ladders in several sections shall be so used as to ensure that they are secure (that the sections are prevented from moving relative to each other). Portable (Mobile) ladders shall be immobilised before any person steps onto them."

3.7.1. It is often impossible to attach or secure a ladder; in such cases, to prevent falls, the ladder must be held by another worker while anyone is going up or down.

3.8. Point 4.3.2: Amend paragraph as follows:

"Depending on the complexity or height of the scaffolding chosen, an assembly, use and dismantling plan shall be drawn up by a competent staff member. It may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question."

3.8.1. Scaffolding should be erected in accordance with plans provided by the manufacturer or, when using other scaffolding designs, using predetermined plans drawn up by a competent staff member, who should also draw up a safety procedures plan.

3.9. Point 4.3.3: Insert the following sentence after "effectiveness ":

"Scaffolding shall be braced both lengthways and crosswise."

3.10. Point 4.3.4: Amend paragraph as follows:

"The dimensions of scaffold decks shall be appropriate to the nature of the work to be performed and shall allow passage without danger. They shall be of a thickness such that they are entirely safe, having regard to the distance between two supports and the loads to be withstood. The planks forming the scaffold deck shall be secured against movement and properly attached to each other and to the construction. All outward facing sides of scaffold decks shall be provided with guardrails. (Scaffold decks shall be so assembled that their components cannot move in normal use.) There shall be no dangerous gap between the deck components and the vertical collective safeguards. Both guardrails and toeboard should be attached on the inside of the uprights. A gap is permitted between the scaffold deck and the brickwork, but this shall not be such as to expose workers to the risk of a fall."

3.10.1. In order to protect workers effectively and reduce the risk of falls, requirements relating to the use of scaffold decks, planking and guardrails should be specified in detail in order to avoid arbitrary interpretation by companies.

3.11. Point 4.3.6: Amend paragraph as follows:

"Scaffolding shall be assembled, dismantled or (significantly) altered only under the supervision of a competent person and only by workers who are trained in this type of work. Such training shall include interpretation of the assembly and dismantling plan, safety during assembly, dismantling or alteration of the scaffolding (concerned), prevention of the risk of persons' or objects' falling, working procedures for the use of individual protection safeguards, the effects of changing or adverse weather conditions, load factors and any other risks which the operations may entail. During the work, (the) a competent person (in charge) and the workers concerned shall have available the assembly and dismantling plan mentioned in the present Annex (4.3.2.), as well as the assembly, usage and dismantling instructions."

3.11.1. It is necessary to reiterate the need for the assembly and dismantling of the scaffold to be carried out by qualified staff, coordinated by a supervisor, in accordance with the procedures and the assembly plan.

3.12. Point 4.3.7: Amend paragraph as follows:

"When the performance of a particular task requires a collective fall prevention safeguard to be removed temporarily, effective alternative (compensatory) measures shall be taken and safe working procedures adopted".

3.12.1. In all dangerous operations - where the work requires the collective fall prevention safeguard measures to be reduced, the employer shall adopt "written working procedures" concerning the use of individual safeguards (e.g. safety harnesses for tasks exposing workers to the risk of falling) to reduce risk.

Brussels, 25 March 1999.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

(1) OJ L 393, 30.12.1989, p. 13 - ESC opinion: OJ C 318, 12.12.1988, p. 26.

(2) OJ L 335, 30.12.1995, p. 28 - ESC opinion: OJ C 397, 31.12.1994, p. 13.

(3) OJ L 183, 29.6.1989, p. 1 - ESC opinion: OJ C 175, 4.7.1988, p. 22.

(4) N.B.: proposed amendments to the Commission document are given in bold italics. The words removed or replaced are shown in brackets.

(5) Equipment for access to upper or lower working levels.