% COMMISSION OF THE EUROPEAN COMMUNITIES 
COM (89)213 final -SYN128 
4. Brussels,25 April 1989 
Amended Proposal 
for a Council Directive 
on the minimum health and safety requirements 
for handling heavy loads where there is 
a risk of back injury for workers 
(fifth individual Directive falling within the terms of Article 16 
of Directive ...) 
(presented by the Commission under 
Article 149-3 of the Treaty) 
COMMISSION PROPOSAL 
COM(88) 78 
OJ C 117 of 4.5.1988 £&*JM AMENDED COMMISSION PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
THE COUNCIL OF THE EUROPEAN Unchanged 
COMMUNITIES, 
Having regard to the Treaty 
establishing the European Economic 
Community and in particular Article 
118A thereof, 
Having regard to the Commission 
proposal drawn up after consultation 
with the Advisory Committee for 
Safety, Hygiene and Health Protection 
at Work, 
In cooperation with the European 
Parliament, 
Having regard to the opinion of the 
Economic and Social Committee, 
Whereas Article 118A of the Treaty 
provides that the Council shall adopt, 
by means of directives, minimum 
requirements for encouraging 
improvements as regards the health and 
safety of workers, especially in the 
working environment; 
Whereas Article 118A also recommends 
that directives shall avoid imposing 
administrative, financial and legal 
constraints which would hold back the 
creation and development of SMUs; 
Whereas the Communication from the Unchanged 
Commission on its programme concerning 
safety, hygiene and health at work 
provides for the adoption of 
directives designed to guarantee the 
safety and health of workers; 
Whereas the Council Resolution of 21 Unchanged 
December 1987 on safety, hygiene and 
health at work took note of the 
Commission's intention to submit to 
the Council in the near future a 
directive on protection against the 
risks resulting from the handling of 
heavy loads; 
Whereas Member States have a Deleted 
responsibility to ensure the safety 
and health of persons on their 
territory, and of workers in 
particular; 
3733/88 EN esb Whereas Article 118A of the Treaty 
provides that the Council shall adopt, 
by means of directives, minimum 
requirements for encouraging 
improvements, especially in the 
working environment, which will ensure 
better protection of the safety and 
health of workers; 
Deleted 
Page 1& 
COMMISSION PROPOSAL. 
COM(88) 78 
OJ C 117 of 4.5 1988 AMENDED COMMISSION PROPOSAL. BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
Whereas Member States1 legislative 
systems differ widely with regard to 
the prevention of industrial accidents 
and occupational diseases caused by 
the manual handling of heavy loads; 
Whereas, in order to achieve the 
maximum degree of protection which is 
reasonably practicable, it is 
essential that workers and their 
representatives be informed of the 
risks to their safety and health and 
of the measures required to reduce or . 
eliminate these risks; 
Whereas cooperation between employers 
and workers and workers' 
representatives must be strengthened; 
Whereas employers must keep abreast of 
technological progress in order to 
provide optimum safety and health 
protection for their workers; Deleted 
Whereas a committee must be set up to 
assist the Commission in implementing 
the additional measures provided for 
in the Directive; Deleted 
Deleted 
Deleted 
Whereas compliance with the minimum 
requirements for ensuring a better 
level of safety and health at 
workplaces is essential to ensure the 
safety and health of workers and 
whereas these requirements are also 
essential to promote fair competition; 
Whereas this Directive is an 
individual directive within the 
meaning of Article 16 of the Directive 
on the introduction of measures to 
encourage improvements in the safety 
and health of workers at work and that 
therefore the provisions of the latter 
are fully applicable to the fields of 
the manual handling of heavy loads, 
without prejudice to more stringent 
and/or specific provisions set out in 
the present Directive; 
Deleted 
3733/88 EN esb Whereas, pursuant to Decision No 
74/325/EEC(l), the Advisory Committee 
for Safety, Hygiene and Health 
Protection at Work shall be consulted 
by the Commission on the drawing up of 
proposals in this field, 
Page 2 
COMMISSION PROPOSAL 
COM(88) 78 
OJ C 117 of 4.5.1988 AMENDED COMMISSION PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
HAD ADOPTED THIS DIRECTIVE 
Article 1 
This Directive, which is an individual 
Directive within the meaning of 
Article 13 of Directive ... 
Article 2 
The Member States shall take the 
necessary measures to ensure that, in 
order to protect the health and safety 
of workers, employers, as far as 
possible, prevent them from having to 
handle heavy loads without mechanical 
assistance. 
Article 3 
1. Where the manual handling of a 
heavy load cannot be avoided, in order 
to assess the safety of the type of 
work involved, the employer must 
examine in advance: 
- the physical effort required, and 
- the characteristics of the load. 
For the assessment of these two 
factors reference shall be made to 
Annex I. 1. This Directive, which is an 
individual directive within the 
meaning of Article 16 of the Directive 
on the introduction of measures to 
encourage improvements in the safety 
and health of workers at work, lays 
down minimum safety and health 
requirements for the manual handling 
of heavy loads by workers. 
2. The provisions of the Directive 
referred to in paragraph 1 are fully 
applicable to the field of the manual 
handling of heavy loads, without 
prejudice to more stringent and/or 
specific provisions set out in the 
present Directive. 
Article 1 bis 
The Member States shall provide 
adequate checks and supervision to 
ensure the implementation of this 
Directive. 
Article 2 
Employers shall take steps to reduce 
the risks arising from the handling of 
heavy loads and shall take the 
necessary measures to protect the 
safety and health of workers by, where 
technically feasible, preventing them 
from having to handle such loads 
without mechanical assistance. 
Unchanged 
3733/88 EN esb Page 3 
COMMISSION PROPOSAL 
COM(88) 78 
OJ C 117 of 4.5.1988 AMENDED COMMISSION PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
2. In order to take the necessary 
measures to reduce the risk of back 
injury, employers must take into 
account the physical and 
organizational factors listed in Annex 
II when heavy loads are to be handled 
manually. 
Article 4 
Employers must take account of the 
individual characteristics of the 
workers when organizing manual 
handling work on the basis of Annex 
III. 
Article 5 2. In order to take the necessary 
measures to reduce the risk of back 
injury, employers must take into 
account the physical and 
organizational factors listed in Annex 
II, when work involves the manual 
handling of heavy loads. 
Unchanged 
1. Workers must be given proper 
training and information on the risks 
they incur when carrying out 
activities which may cause back injury 
if they are not done correctly. There 
must be qualified staff to carry out 
frequent supervision 
2. As far as possible workers shall 
also be informed of: 1. Workers must be given proper 
training and information on the risks 
they incur when carrying out 
activities which may cause back injury 
if they are not done correctly. There 
must be qualified staff to carry out 
frequent supervision. 
Workers shall also be informed of: 
- the weight of a heavy load 
- the centre of gravity or the 
heaviest side when a package is 
eccentrically loaded. 
Article 6 
The employer must consult the workers 
or their representatives about the 
measures taken pursuant to this 
Directive. 
Article 7 - the weight of a heavy load; 
- the centre of gravity or the 
heaviest side when a package is 
eccentrically loaded. 
Unchanged 
1. The Commission shall adapt the 
annexes of this Directive to take 
account of technical progress and the 
development of international 
regulations or specifications on the 
manual handling of heavy loads. For the purposes of making changes to 
Annexes I, II and III as a result of: 
3733/88 EN esb Page 4 
COMMISSION PROPOSAL. 
COM(08) 78 
OJ C 117 of 4.5 1988 AMENDED COMMISSION PROPOSAI. BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
2. The Member States shall forward to 
the Commission the texts of any 
national legislation which they adopt 
in the field governed by this 
Directive. 
Article 8 
1. The Member States shall adopt the 
laws, regulations and administrative 
provisions necessary to comply with 
this Directive by 1.1.1991 at the 
latest. They shall immediately inform 
the Commission thereof. 
2. The Member States shall forward to 
the Commission the texts of any 
national legislation which they adopt 
in the field governed by this 
Directive. 
3. The Member States shall report back 
to the Commission every two years on 
the practical implementation of the 
provisions of this Directive on the 
handling of heavy loads, indicating 
the views of the employers and 
workers. The Commission shall inform 
the Committee and the tripartite 
committee. 
Article 9 
This Directive is addressed to the 
Member States. 
3733/88 EN esb - technical progress, changes in 
international regulations or 
specifications and know-how in the 
field of the manual handling of 
heavy loads, 
the Commission shall be assisted by 
the Committee and shall follow the 
procedure set out in Article 17 of the 
Directive referred to in Article 1, 
paragraph 1, of the present Directive. 
1. The Member States shall adopt the 
laws, regulations and administrative 
provisions necessary to comply with 
this Directive by the date fixed for 
the entry into force of the Directive 
referred to in Article 1, paragraph 1, 
of the present Directive. They shall 
immediately inform the Commission 
thereof. 
2. The Member States shall forward to 
the Commission the texts of any 
national legislation which have 
already been adopted or which they are 
adopting in the field governed by this 
Directive. 
3. The Member States shall report back 
to the Commission every five years on 
the practical implementation of the 
provisions of this Directive, 
indicating the opinions of the two 
sides of industry. The Commission 
shall inform the Council, the European 
Parliament, the Economic and Social 
Committee, the Advisory Committee for 
Safety, Hygiene and Health at Work and 
the Committee described in Article 17 
of the Directive referred to in 
Article 1, paragraph 1, of the present 
Directive. 
4. At regular intervals, the 
Commission shall forward a report on 
the implementation of the Directive to 
the Council, the European Parliament 
and the Economic and Social Committee, 
taking into account the provisions of 
paragraphs 2 and 3. 
Unchanged 
Page 5 
COMMISSION PROPOSAL 
COM(88) 78 
OJ C 117 of 4.5.1988 AMENDED COMMISSION PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
Done at Brussels, 
For the Council 
The President 
ANNEX I 
Characteristics of the load and the 
physical effort involved 
1. A load may present a risk of back 
injury if it is: 
- too heavy, too large or both 
- unwieldy and/or difficult to grasp 
- unbalanced, unstable or has 
contents likely to shift 
- located in a position requiring to 
be held or manipulated at a 
distance from the trunk, or with 
the trunk in a stooped or twisted 
posture, or with the trunk leaning 
sideways. 
2. A physical effort may present a 
risk of back injury if it is: 
- too strenuous 
- badly placed in relation to the 
body (see last indent above) 
- only achieved by a twisting 
movement of the trunk 
- likely to result in a sudden 
movement by the object being 
manipulated 
- made with the body in an unstable 
posture. 
ANNEX II 
Reference factors referred to in 
Article 3 Beginning unchanged 
1. A load may present a serious risk 
of back injury if it is: 
- excessively heavy 
unchanged 
- unstable or has contents likely to 
shift 
unchanged 
2. A physical effort may present a 
risk of back injury if it is: 
- too strenuous 
deleted 
unchanged 
unchanged 
unchanged 
beginning unchanged 
3733/88 EN esb Page 6 
COMMISSION PROPOSAL. 
COM(88) 78 
OJ C 117 of 4.5.1988 AMENDED COMMISSION PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN PARLIAMENT ON 16 NOVEMBER 1988 
1. The work environment may present a 
risk of back injury if: 
- the activity cannot be carried out 
with adequate headroom 
- the floor is uneven, presents 
tripping hazards, or is slippery in 
relation to the worker's footwear 
- it prevents access to, carriage of 
or placement of a load at a safe 
height with good posture by the 
worker 1. The work environment may present a 
risk of back injury if: 
- rest of point 1 unchanged 
- an exceptional effort is required 
for maintenance work on machinery. 
2. The task may also present a risk of 
back injury if it requires: 
- too frequent or prolonged physical 
effort by a part or all of the body 
- an insufficient rest and recovery 
period 
- excessive lifting, lowering or 
carrying distances. 
ANNEX III 2. The task may present a risk of back 
injury if it requires: 
- too frequent or prolonged physical 
effort by the spine 
rest of point 2 unchanged 
Unchanged 
3733/88 EN esb Page 7 

Commission of the European Communities <,l ' 
COM(89) 213 final f •?/" 
Amended proposal for a f V 
COUNCIL DIRECTIVE 
on the minimum health and safety requirements for handling heavy loads vj| 
where there is a risk of back injury for workers 
(fifth individual Directive falling within the terms of Article 16 of •''-. 
Directive...) : 
(presented by the Commission under Article 149(3) of the EEC Treaty) *' 
Catalogue number: CB-CO-89-174-EN-C 25.4.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg kfr : / 
Series: DOCUMENTS £•*? 
1989 - 8 pp. - Format: 21.0 * 29.7 cm |;: * 
EN îj 
ISSN 0254-1475 
ISBN 92-77-49346-1 ,<$ 
.*>* *5* 
7 
< 
J 
**, 
ISSN 0254-1475 
COM(89) 213 final 
DOCUMENTS 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the minimum health and safety requirements 
for handling heavy loads where there is a risk of 
back injury for workers 
(fifth individual Directive falling within the terms 
of Article 16 of Directive ...) 
(presented by the Commission under 
Article 149(3) of the EEC Treaty) 
05 
Catalogue number: CB-CO-89-174-EN-C 
ISBN 92-77-49346-1 25.4.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES