NoC 117/8 Official Journal of the European Communities 4. 5. 88 
II 
(Preparatory Acts) 
COMMISSION 
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) (') 
COM(88) 78 final 
(Submitted by the Commission to the Council on 11 March 1988) 
(88/C 117/09) 
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 on 
Safety, Hygiene and Health Protection at Work (2), 
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 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 
on safety, hygiene and health at work took note of the 
Commission's intention to submit to the Council in the 
0) COM(88) 73 final. 
O Council Decision 74/325/EEC of 27 June 1974. 
O COM(87) 520 final — Council Resolution of 21 December 
1987, OJ No C 28, 3. 2. 1988. near future a Directive on protection against the risks 
resulting from the handling of heavy loads; 
Whereas Member States have a responsibility to ensure 
the safety and health of persons on their territory, and of 
workers in particular; 
Whereas Member States' 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; 
Whereas a committee must be set up to assist the 
Commission in implementing the additional measures 
provided for in the Directive, 
HAD ADOPTED THIS DIRECTIVE: 
Article 1 
This Directive, which is an individual Directive within 
the meaning of Article 13 of Directive . . . ., lays down 
the minimum health and safety requirements for workers 
for the manual handling of heavy loads. 
4. 5. 88 Official Journal of the European Communities NoC 117/9 
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. 
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 charac­
teristics of the workers when organizing manual 
handling work on the basis of Annex III. 
Article 5 
1. Workers must be given proper training and infor­
mation on the risks they incur when carrying out ac­
tivities which may cause back injury if they are not done 
correctly. There must be qualified staff to carry out 
frequent supervision. 
2. 
of: As far as possible workers shall also be informed — 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 rep­
resentatives about the measures taken pursuant to this 
Directive. 
Article 7 
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. 
2. When adapting the Annexes in accordance with the 
previous paragraph, the Commission shall be assisted by 
a committee in accordance with the procedure provided 
for under Article 14 of Directive 
Article 8 
1. The Member States shall adopt the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive by 1 January 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 implemen­
tation 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. 
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. 
No C 117/10 Official Journal of the European Communities 4. 5. 88 
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 
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, 
— 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 
Workers referred to in Article 4 
The worker may be at risk if he/she is: 
— unable physically to carry out the task in question (including workers who are handicapped, ill or 
pregnant), 
— too small or tall for the task, 
— inappropriately dressed, including unsuitable footwear, 
— untrained for the task.