30. 4. 88 Official Journal of the European Communities No C 114/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive concerning the minimum safety and health requirements for 
the use by workers of machines, equipment and installations 
Second individual Directive (') 
COM(88) 75 final 
(Submitted by the Commission to the Council on 11 March 1988) 
(88/C 114/04) 
THE COUNCIL OF THE EUROPEAN 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. (2), 
Having regard to the opinion of the Economic and 
Social Committee, 
In cooperation with the European Parliament, 
Whereas Article 118A of the EEC Treaty provides that 
the Council shall issue directives containing minimum 
requirements designed to encourage improvements, es­
pecially in the working environment, as regards the 
health and safety of workers; 
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 Commission on its 
programme concerning safety, hygiene and health at 
work (J) provides for the adoption of directives designed 
to guarantee the safety and health of workers; 
Whereas the Council resolution of 21 December 1987 
concerning safety, hygiene and health at the 
workplace (4) noted the Commission's intention to 
present to it in the near future minimum requirements 
concerning the safety and health of workers at work; 
(*) COM(88) 73 final. 
O Council Decision 74/325/EEC of 17 June 1974. 
(3) COM(87) 520 final and Council resolution of 21 December 
1987 (OJNoC28, 3.2. 1988). 
(4) OJ No C 28, 3. 2. 1988. Whereas it is incumbent on Member States to ensure the 
safety and health of persons, in particular workers, 
within their national territory; 
Whereas the completion of the internal market (5) entails 
the drawing up of directives based on Article 100A, in 
accordance with the new approach to harmonization and 
standardization (6), making compliance with essential 
safety requirements for the design, manufacture or 
construction of products a condition for their sale and 
free movement throughout the Community and in view 
of the fact that these products include several types of 
work equipment, in particular machines (7); 
Whereas the Member States have very different systems 
of legislation on safety and health at work; whereas 
national provisions on the subject, which often include 
technical specifications and/or self-regulatory standards, 
may result in different levels of safety and health 
protection and distort competition; 
Whereas compliance with the minimum health and safety 
requirements for the use of work equipment is essential 
to ensure the safety and health of workers and to 
promote fair competition; 
Whereas there is a need to supplement the directives 
referred to in Article 100A the scope of which is 
confined to the initial placing of products on the 
Community market, with minimum requirements 
concerning safety and health during the use of all work 
equipment; 
(5) White Paper — COM(85) 310 final. 
(6) Council Resolution of 7 May 1985 (OJ No C 136 of 4. 6. 
1985). 
(7) COM(87) 564 final of 14 December 1987. 
No C 114/4 Official Journal of the European Communities 30. 4. 88 
Whereas this Directive covers the-'social aspects of the 
various technical harmonization directives designed to 
complete the internal market for work equipment; 
Whereas this Directive is designed to protect the safety 
and health of workers by laying down essential minimum 
requirements, without impeding the retention or 
institution by each Member State of specific measures for 
safer working conditions; 
Whereas these requirements should not entail alterations 
to work equipment covered by Community Directives 
which concern health and safety aspects of work 
equipment design and construction; 
Whereas under Council Directive 83/189/EEC of 28 
March 1983 laying down a procedure for the provision 
of information in the field of technical standards and 
regulations (l) Member States are required to notify the 
Commission of any draft technical regulations relating to 
machines, equipment and installations; 
Whereas the employers' obligations under the Directive 
concerning the implementation of measures to encourage 
the improvement of the safety and health of workers at 
work must be supplemented by special measures for 
work equipment; 
Whereas it is important to ensure adequate consultation 
with both sides of industry, and in particular with 
workers' organizations, on the technical work relating to 
this Directive; 
Whereas it is important to encourage cooperation 
between management and labour with regard to decision 
making and measures concerned with the protection of 
safety and health at the workplace, at all levels; 
Whereas there is a need for a committee to assist the 
Commission in implementing supplementary measures 
provided for by the Directive, 
HAS ADOPTED THIS DIRECTIVE: 
Subject 
Article 1 
1. This Directive, which is an individual Directive 
within the meaning of Article 13 of Directive ..., lays 
down minimum requirements for safety and health and 
for the use of work equipment, as defined in Article 2. 2. This Directive does not impede the retention or 
institution by each Member State of more stringent 
protection measures for working conditions compatible 
with the Treaty. 
Definitions 
Article 2 
For the purposes of this Directive, the following terms 
have the meanings hereby assigned to them: 
— 'work place': any place accessible to a worker in the 
undertaking and/or establishment; 
— 'work equipment': machines, equipment or instal­
lations which may constitute a safety or health 
hazard for workers; 
— 'undertaking and/or establishment': a public- or 
private-sector establishment engaged in industrial, 
agricultural, commercial, administrative, service, 
educational or cultural activities; 
— 'worker': a person doing work of any sort, including 
students undergoing training and apprentices. 
Work equipment 
(machines, equipment and installations) 
Article 3 
1. The Member States shall take all useful measures to 
ensure that the employer fulfils the obligations set out in 
this Directive concerning the use of work equipment. 
2. The Member States shall carry out any necessary 
checks in accordance with paragraph 1. 
Article 4 
1. Work equipment existing and used at the time of 
entry into force of this Directive must satisfy the 
minimum conditions laid down concerning them in 
Annex I, at the latest five years after the entry into force 
of this Directive, without prejudice to the application of 
the Community provisions concerning health and safety 
aspects of the design and construction of work 
equipment. 
2. Second-hand work equipment placed on the market 
after the entry into force of this Directive must satisfy 
the minimum requirements laid down concerning them 
in Annex I once the national provisions taken in 
compliance with this Directive enter into force, without 
prejudice to the application of the Community provisions 
concerning health and safety aspects of the design and 
construction of work equipment. 
O OJ No L 109, 26. 4. 1983, p. 8. 3. In selecting the work equipment which he proposes 
to use, the employer shall pay particular attention to the 
30. 4. 88 Official Journal of the European Communities No C 114/5 
hazards this equipment presents to the safety and health 
of the workers, taking into account the specific charac­
teristics of the undertaking. 
4. The employer shall ensure that the equipment 
mentioned in paragraph 3 is safe, taking into account the 
specific conditions of use in the undertaking: 
(a) when ordering such equipment; 
(b) at the time of delivery and commissioning; 
(c) during use; 
(d) during maintenance, repair or conversion work 
which affects or may affect safety. 
5. Annex II contains non-comprehensive guidelines 
relating to the provisions contained in paragraphs 3 
and 4. 
Article 5 
1. The workers shall have at their disposal written 
instructions concerning all the work equipment com­
missioned after the entry into force of the national 
provisions issued under this Directive. 
2. In the case of work equipment already installed at 
the workplace at the time of entry into force of the 
national provisions issued under this Directive, the 
employer shall, as far as possible, provide the workers 
concerned with written instructions. 
3. The written instructions must at least contain 
adequate safety and health information concerning: 
— the normal conditions for using the work equipment, 
— handling, installation, assembly, adjustment and 
maintenance of the work equipment. 
These written instructions must be made available, 
whenever possible, in the languages of the workers 
concerned. 
Article 6 
1. The workers or their representatives shall be 
consulted on the health and safety aspects: 
— on the basis of Annex I in the case of existing work 
equipment, 
— on the basis of Annexes I and II in the case of 
second-hand equipment placed on the market, 
— on the basis of Annex II for the purchase of new 
work equipment. 2. Whenever, in Ihe opinion of the workers or their 
representatives, the measures taken by the employer to 
ensure the safety of existing, used or future work 
equipment are not sufficient, they may request a visit by 
the authority responsible for safety and health at work. 
Changes to the Annexes 
Article 7 
1. The Commission shall make changes to the annexes 
of the present Directive as a result of: 
— the adoption of Directives on technical harmon­
ization and standardization of the design, manu­
facture or construction of work equipment; 
— technical progress, changes in international regu­
lations or specifications and know-how in the field. 
2. In makings the changes referred to in the first 
paragraph, the Commission shall be assisted by a 
committee and shall follow the procedure set out in 
Article 14 of Directive . . . 
Final provisions 
Article 8 
1. The Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 1 January 1991 at the 
latest. They shall immediately notify the Commission. 
2. The Member States shall forward to the 
Commission the text of the national provisions which 
they are adopting in the field governed by this Directive. 
3. At two-yearly intervals, the Member States shall 
report to the Commission on the practical implemen­
tation of the provisions of this Directive concerning 
work equipment, indicating the opinions of the two sides 
of industry. The Commission shall inform the Committee 
and tripartite Committee. 
4. Any technical regulations which the Member States 
intend to adopt in accordance with this Directive shall be 
forwarded to the Commission at the draft stage in 
accordance with the procedure laid down in Article 8 of 
Council Directive 83/189/EEC of 28 March 1983 laying 
down a procedure for the provision of information in the 
field of technical standards and regulations. 
Article 9 
This Directive is addressed to the Member States. 
No C 114/6 Official Journal of the European Communities 30. 4. 88 
ANNEX I 
MINIMUM REQUIREMENTS REFERRED TO IN ARTICLE 4, PARAGRAPH 1 
The definition of 'machinery' in the Directive concerning the design, manufacture and placing on the 
market of machinery (COM(87) 564 final of 14 December 1987; OJ No C 29 of 3. 2. 1988) is applicable 
to this Annex. 
1. Machines 
— The controls shall be located outside danger zones and so positioned that the operator can monitor 
all the danger zones. 
— From each work station it shall be possible to shut down any moving parts of a machine which affect 
the safety of that work station. 
— Having regard to the risks associated with the machine and the normal shut-down time, the machine 
shall be fitted with an emergency shut-down device. 
— An operator shall be able to start or restart the machine only by deliberately activating a control 
provided for this purpose, except where an automatic device is working normally. 
— A machine which may constitute a danger, due to objects falling or being ejected from it or to 
emissions from it shall be provided with guards or appropriate means of collection and evacuation. 
— A machine which is not suficiently intrinsically stable shall be properly anchored or secured in some 
other way. 
— The moving parts of a machine shall be protected, if the work allows, by a guard to prevent contact 
with the workers. 
— Areas and work places intended for the operation or servicing of machinery shall be adequately lit 
for the work which is to be carried out. 
— Parts of a machine which have a high or very low temperature shall be protected by a guard to 
prevent contact with workers. 
— A machine's warning indicators shall be conspicuous and easy to understand. 
— A machine shall not be used for operations or in conditions for which it was not designed and for 
which it is unsuitable. 
— A machine shall be properly maintained to ensure its safe operation. Maintenance shall be carried 
out outside the danger zones or during machine shut-down, if this is technically possible. If any 
machine has a maintenance log it must be kept up-to-date. 
— It shall be possible to insulate a machine from each of its power sources. 
— A machine shall bear the markings necessary to ensure safe operation. 
30. 4. 88 Official Journal of the European Communities No C 114/7 
ANNEX II 
NON-EXHAUSTIVE GUIDELINES REFERRED TO IN ARTICLE 4, PARAGRAPH 5 (CHECK 
LIST) 
A. MACHINE 
The definition of 'machinery' in the Directive concerning the design, manufacture and placing on the 
market of machinery (COM(87) 564 final of 14 December 1987; OJ No C 29 of 3. 2. 1988) is applicable 
to this Annex. 
1. General 
1.1. Definition of 
— danger zones and risk factors: in, on and around the machine 
— exposed persons: operators and other persons. 
1.2. General assessment 
— normal conditions of operation and use 
— foreseeable or potential abnormal situations 
— counter-indications for use 
— guards 
— other risks: personal protection 
— safety certification. 
1.3. Materials and products 
— risks associated with the materials used for building the machine and the products used by the 
machine: mechanical, thermal and chemical properties, welds and assemblies, erosion, abrasion 
and fatigue 
— risks associated with the use of fluids: filling, recovery, evacuation 
— risks associated with the products manufactured. 
1.4. Lighting 
— lighting of the working area: shadow, dazzle, stroboscopic effect 
— lighting of inspection, control and maintenance work. 
1.5. Handling 
— risks associated with installation, removal, packing and storage 
— problems caused by weight and shape 
— lifting gear: 
— fixed or mountable attachments to which lifting gear can be fixed 
— suitable lifting gear. 
2. Controls 
2.1. Reliability 
— failures 
— switches with positive mode 
— deliberate interference made impossible. 
No C 114/8 Official Journal of the European Communities 30. 4. 88 
2.2. Appearance, arrangement and operation 
— visible, identifiable, appropriately marked 
— coherence between the movement of the control and the effect required 
— outside danger zones 
— risks involved in operating the controls 
— indication of the action required if several different actions are possible 
— shape, position, movement and mechanical resistance of the control: 
— compatible with the action required 
— compatible with ergonomic rules 
— operator able to see warning signals and monitor danger zones from his work station or, failing 
that, each start-up of the machine preceded by a warning signal. 
2.3. Machine start-up 
— starting a machine or restarting after a stoppage only possible by deliberate activation of a control 
(or by safe automatic control) 
— risks for operators (vis-a-vis one another) if there is more than one start-up control. 
2.4. Machine shut-down 
— normal shut-down: priority over start-up command 
— emergency shut-down 
— if the normal shut-down time is excessive 
— short shut-down time, visible and accessible controls, movement 
— engagement — disengagement without restart-up 
— complex installations: normal and emergency shut-down stopping the entire machine and all 
equipment upstream and/or downstream. 
2.5. Mode selector 
— if the machine has several control modes and several levels of operation, mode selector lockable 
in each position 
— each position corresponding to a single control mode or operating level 
— skilled operators 
— if the machine can be operated with its protection devices neutralized: 
— automatic control excluded 
— controls needing sustained action 
— restriction of the operation of the moving parts. 
2.6. Power supply, control circuit 
Risks associated with interruption, re-establishment, fluctuation and failure of power supply. 
3. Mechanical Risks 
3.1. Stability 
— intrinsic stability: through shape, weight distribution, centre of gravity; to combat falling, over­
turning, shifting 
— anchorage in the absence of intrinsic stability 
— falling by the operator. 
30. 4. 88 Official Journal of the European Communities NoC 114/9 
3.2. Break-up during operation 
— parts of the machine and their linkages, tools, cables: resistance, anchorage, fatigue, ageing, 
corrosion, abrasion 
— replacement of parts 
— protection against fragments. 
3.3. Falling or ejected objects 
— means of protection 
— objects in question: work pieces, materials used, tools. 
3.4. Moving parts 
— sound construction or 
— guard to prevent contact. 
3.5. Guards for moving parts 
A. Movable components of the transmission system: 
— fixed guards (see 1.4.1), or 
— movable guards (see 1.4.2) 
B. Moving element components which operate concurrently with the work itself 
— fixed guards (preferably) (see 1.4.1), or 
— sensitive devices, dual controls, etc. (see 1.4.3) 
C. Moving parts which shall remain accessible 
— fixed guards (see 1.4.1) preventing access to parts not used for the work and 
— adjustable guards (see 1.4.4) restricting access to parts necessary to carry out the work. 
4. Guards 
4.1. Fixed guards 
— robust 
— fixed firmly in place 
— unopenable without the use of a tool. 
4.2. Removable guards 
— robust 
— remain attached to the machine when opened 
— in open position: 
— the moving parts cannot be set in motion 
— the moving parts are stopped. 
4.3. Guards included in the control system (sensitive devices, dual controls, etc.) 
— impossibility of setting the moving parts in motion: 
— while the operator can reach them 
— if the guard is faulty or if there is no guard 
— guards sufficiently far away from the moving parts to prevent the operator reaching them before 
they have stopped 
— adjustment requiring the use of a tool 
— guards themselves protected against the risk of ejection. 
No C 114/10 Official Journal of the European Communities 30. 4. 88 
4.4. Adjustable guards restricting access 
— robust 
— installation (manual or automatic) 
— easy to adjust without the use of a tool 
— risk of ejection 
— risks from the guards themselves 
— obstruction of view of work 
— removal not necessary during normal machine use and maintenance 
5. Other risks 
5.1. Surfaces, edges, comers 
No sharp, pointed or rough parts 
5.2. Electricity supply 
Possibility of contacts; state of cables, anchorages, connections, plugs, sockets, insulation, fuses, 
earthing, switches, transformers 
5.3. Static electricity 
Dispersal provided for 
5.4. Hydraulic, pneumatic or thermal energy 
Suitable materials for conduits, circuits, and containers 
5.5. Extreme temperatures 
— parts and materials 
— measures to: 
— avoid contact 
— avoid proximity •» 
5.6. Fire 
— measures to avoid the risk of fire: machines, gases, liquids, dusts, vapours and other substances 
used or produced 
— fire-fighting equipment 
5.7. Explosions 
— suitability of the machine for use in a potentially explosive atmosphere 
— explosive atmosphere created in and around the machine: dusts, gases, vapours, waste materials 
produced by the machine 
— suitability of electrical equipment contained in the machine for use in a potentially explosive 
atmosphere 
5.8. Noise 
— noise produced by the machine 
— actual situation at the workplace 
5.9. Vibrations 
Practical/admissible level 
30. 4. 88 Official Journal of the European Communities NoC 114/11 
5.10. Radiation 
— electromagnetic, ionizing and other 
— admissible/practicable level 
5.11. Other emissions 
— gases, liquids, dusts, vapours and other wastes 
— collection or ventilation as close as possible to the source 
— evacuation. 
6. Maintenance 
6.1. Maintenance 
— adjustment, lubrication and maintenance points: outside the danger zones 
— possible while the machine is stopped or without risk 
— for proper assembly and disassembly: information on the parts which could be a source of risk 
— errors in connecting up power and fluid supply avoided through design or instructions. 
6.2. Access to intervention points 
— platforms, stairs, ladders, catwalks: size, anti-slip surface 
— falls of persons and objects: handholds, ramps, guard rails. 
6.3. Power supply cut-off 
— insulation of the machine from each power supply 
— permanent cut-off of power supply: locking. 
7. Instructions 
7.1. Warning indicators 
— unambiguous and easy to see 
— measures to ensure permanent effectiveness 
— colours and warning signs. 
7.2. Hazard signs 
— location of risks 
— exposed persons 
— necessary markings 
— shapes, colours, signs, understanding. 
7.3. Marking 
— requirements: effectiveness, safety 
— legible, indelible. 
7.4. Instructions for operation 
— intelligible 
— adequate. 
NoC 114/12 Official Journal of the European Communities 30. 4. 88 
B. ERGONOMIC PRINCIPLES CONCERNING MACHINES 
1. Presentation of the information 
— All information relevant to safety to be displayed to the operator 
— Type of display to be compatible with the requirements of the user 
— Interpretation of the information displayed to be unambiguous 
— Instruments for maintenance and test purposes to be located outside the normal field of vision 
— Critical instruments (frequency of use — consequences of errors) to lie within the optimal area of 
vision 
— Essential displays to include a means of indicating when the system is out of order 
— Machines and arrangement of multidisplays to correspond. 
2. Control functions 
— Type of control to be compatible with function 
— Speed and accuracy of control movement to be geared to the capabilities of users 
— Identification of control functions to be clear, to avoid confusion in their use 
— Controls critical to safety to be guarded against inadvertent operation 
— Rapid recovery from error to be possible 
— Control separation to be geared to the abilities of users, taking into account the possible requirement 
for personal protective equipment 
— Controls (size, lay-out, mechanical resistance, inertia) to be geared to the physical characteristics of 
users, and allowance made for the possible use of personal protective equipment 
— Grouped controls to be mounted centrally below the optimal display area. 
3. Mental stress and fatique 
— Mental load, vigilance, sensory deprivation and isolation due to the machine 
— Noise: 
— annoying noise 
— noise liable to mask communication and signals 
— Vibration: vibration levels and impairment of visual or manual efficiency. 
4. Physical fatique 
— Working space design and postural demands to be geared to the physical attributes of machine 
operators 
— Work rates to be geared to the physiological attributes of users.