NoC 118/14 Official Journal of the European Communities 12. 5. 90 
II 
(Preparatory Acts) 
COMMISSION 
Reexamined proposal for a Council Directive on the minimum health and safety requirements 
for the manual handling of loads involving a risk of musculoskeletal injury to workers (') 
COM(90) 131 final — SYN 128 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 10 April 
1990) 
(90/C 118/18) 
O OJ No C 129, 25. 5. 1989, p. 6 (COM(89) 213 final — SYN 128). 
COMMON POSITION OF THE COUNCIL 
Proposal for a Council Directive on the minimum health 
and safety requirements for the manual handling of loads 
where there is a risk particularly of back injury to 
workers 
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 submitted 
after consultation with the Advisory Committee on 
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, especially 
in the working environment, to guarantee a better level 
of protection of the health and safety of workers; 
Whereas, pursuant to that Article, such Directives must 
avoid imposing administrative, financial and legal 
constraints in a way which would hold back the creation 
and development of small and medium-sized under­
takings; AMENDED COMMISSION PROPOSAL SUBSEQUENT TO THE 
AMENDMENTS PROPOSED BY THE EUROPEAN PARLIAMENT DURING 
THE SECOND READING ON 14 MARCH 1990 
Proposal for a Council Directive on the minimum health 
and safety requirements for the manual handling of loads 
involving a risk of musculoskeletal injury to workers 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
Unchanged 
12. 5. 90 Official Journal of the European Communities No C 118/15 
COMMON POSITION OF THE COUNCIL AMENDED COMMISSION PROPOSAL 
Whereas the Commission communication on its 
programme concerning safety, hygiene and health at 
work provides for the adoption of Directives designed to 
guarantee the health and safety of workers at the 
workplace; Unchanged 
Whereas the Council, in its Resolution of 21 December 
1987 on safety, hygiene and health at work, took note of 
the Commission's intention of submitting to the Council 
in the near future a Directive on protection against the 
risks resulting from the manual handling of heavy loads; Unchanged 
Whereas compliance with the minimum requirements 
designed to guarantee a better standard of health and 
safety at the workplace is essential to ensure the health 
and safety of workers; Unchanged 
Whereas this Directive is an individual Directive within 
the meaning of Article 16 (1) of Council Directive 
89/391/EEC of 12 June 1989 on the introduction of 
measures to encourage improvements in the health and 
safety of workers at work; whereas therefore the 
provisions of the said Directive are fully applicable to the 
field of the manual handling of loads where there is a 
risk particularly of back injury to workers, without 
prejudice to more stringent and/or specific provisions set 
out in this Directive; Whereas this Directive is an individual Directive within 
the meaning of Article 16 (1) of Council Directive 
89/391/EEC of 12 June 1989 on the introduction of 
measures to encourage improvements in the health and 
safety of workers at work; whereas therefore the 
provisions of the said Directive are fully applicable to the 
field of the manual handling of loads involving a risk of 
musculoskeletal injury to workers, without prejudice to 
more stringent and/or specific provisions set out in this 
Directive; 
Whereas this Directive constitutes a practical step 
towards the achievement of the social dimension of the 
internal market; Unchanged 
Whereas, pursuant to Decision 74/325/EEC, the 
Advisory Committee on Safety, Hygiene and Health 
Protection at Work is consulted by the Commission with 
a view to drawing up proposals in this field, Unchanged 
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS DIRECTIVE: 
SECTION I SECTION I 
General provisions 
Article 1 General provisions 
Article 1 
Subject Subject 
1. This Directive, which is the fourth individual 
Directive within the meaning of Article 16 (1) of 
Directive 89/391/EEC, lays down minimum health and 
safety requirements for the manual handling of loads 
where there is a risk particularly of back injury to 
workers. 1. This Directive, which is the fourth individual 
Directive within the meaning of Article 16 (1) of 
Directive 89/391/EEC, lays down minimum health and 
safety requirements for the manual handling of loads 
involving a risk of musculoskeletal injury to workers. 
NoC 118/16 Official Journal of the European Communities 12. 5. 90 
COMMON POSITION OF THE COUNCIL AMENDED COMMISSION PROPOSAL 
2. The provisions of Directive 89/391/EEC shall be 
fully applicable to the whole sphere referred to in 
paragraph 1, without prejudice to more restrictive 
and/or specific provisions contained in this Directive. Unchanged 
Article 2 
Definition 
For the purposes of this Directive, 'manual handling of 
loads' means any transporting or supporting of a load, 
by one or more workers, including lifting, putting down, 
pushing, pulling, carrying or moving of a load, which, by 
reason of its characteristics or of unfavourable 
ergonomic conditions, involves a risk particularly of back 
injury to workers. Article 2 
Definition 
For the purposes of this Directive, 'manual handling of 
loads' means any transporting or supporting of a load, 
by one or more workers, including lifting, putting down, 
pushing, pulling, carrying or moving of a load, which, by 
reason of its characteristics or of unfavourable 
ergonomic conditions, involves a risk of musculoskeletal 
injury to workers. 
SECTION II SECTION II 
Employers' obligations Employers' obligations 
Article 3 Article 3 
General provision General provision 
1. The employer shall take appropriate organizational 
measures, or shall use the appropriate means, in 
particular mechanical equipment, in order to avoid the 
need for the manual handling of loads by workers. 1. Unchanged 
2. Where the need for the manual handling of loads 
by workers cannot be avoided, the employer shall take 
the necessary organizational measures, use the appro­
priate means or provide workers with such means in 
order to reduce the risk involved in the manual handling 
of such loads. 2. Where the need for the manual handling of loads 
by workers cannot be avoided, the employer shall take 
the necessary organizational measures, use the appro­
priate means or provide workers with such means in 
order to reduce the risk involved in the manual handling 
of such loads, taking account of the factors referred to in 
Annex I. 
Article 4 
Organization of work stations Article 4 
Organization of work stations 
Wherever the need for manual handling of loads by a Unchanged 
worker cannot be avoided, the employer shall organize 
work stations in such a way as to make such handling as 
safe and healthy as possible and: 
(a) assess, in advance if possible, the health and safety (a) Unchanged 
conditions of the type of work involved, and in 
particular examine the characteristics of the load, 
taking account of Annex I; 
12. 5. 90 Official Journal of the European Communities NoC 118/17 
COMMON POSITION OF THE COUNCIL AMENDED COMMISSION PROPOSAL 
(b) take care to avoid or reduce the risk particularly of 
back injury to the worker, by taking appropriate 
measures, considering in particular the characteristics 
of the working environment and the requirements of 
the activity, taking account of Annex I. (b) take care to avoid or reduce the risk of musculo­
skeletal injury to the worker by taking appropriate 
measures, considering in particular the characteristics 
of the working environment and the requirements of 
the activity, taking account of Annex I. 
Article 5 
Reference to Annex II 
For the implementation of Article 6 (3) (b) and Articles 
14 and 15 of Directive 89/391/EEC, account should be 
taken of Annex II. Unchanged 
Article 6 
Information for, and training of, workers 
1. Without prejudice to Article 10 of Directive 
89/391/EEC, employers must ensure that as far as 
possible workers and/or their representatives receive 
information particularly on: Article 6 
Information for, and training of, workers 
1. Without prejudice to Article 10 of Directive 
89/391/EEC, workers and/or their representatives shall 
be informed of all safety and health measures to be 
undertaken pursuant to this Directive. 
Employers must ensure that workers and/or their repre­
sentatives are given an indication of and wherever 
possible precise information on: 
— the weight of a load, 
— the centre of gravity of the heaviest side when a 
package is eccentrically loaded. — the weight of a load, 
— the centre of gravity of the heaviest side when a 
package is eccentrically loaded. 
2. Without prejudice to Article 12 of Directive 
89/391/EEC, employers must ensure that workers 
receive in addition proper training and information on 
how to handle loads correctly and the risks they might 
be open to particularly if these tasks are not performed 
correctly, taking account of Annexes I and II. 2. Unchanged 
Article 7 
Consultation of workers and workers' participation 
Consultation and participation of workers and/or of 
their representatives shall take place in accordance with 
Article 11 of Directive 89/391/EEC on the matters 
covered by this Directive, including the Annexes thereto. Unchanged 
No C 118/18 Official Journal of the European Communities 12. 5. 90 
COMMON POSITION OF THE COUNCIL 
SECTION III 
Miscellaneous provisions 
Article 8 
Adjustments to the Annexes 
Adjustments of a strictly technical nature to Annexes I 
and II resulting from technical progress and changes in 
international regulations and specifications or knowledge 
in the field of the manual handling of loads shall be 
adopted in accordance with the procedure provided for 
in Article 17 of Directive 89/391 /EEC. 
Article 9 
Final provisions 
1. Member States shall bring into force the laws, 
regulations and administrative provisions needed to 
comply with this Directive not later than 31 December 
1992. 
They shall forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the texts of the provisions of national law 
which they adopt or have already adopted in the field 
covered by this Directive. 
3. Member States shall report to the Commission 
every five years on the practical implementation of the 
provisions of this Directive, indicating the points of view 
of employers and workers. 
The Commission shall inform the European Parliament, 
the Council, the Economic and Social Committee and 
the Advisory Committee on Safety, Hygiene and Health 
Protection at Work thereof. 
4. The Commission shall report periodically to the 
European Parliament, the Council and the Economic 
and Social Committee on the implementation of the 
Directive in the light of paragraphs 1, 2 and 3. 
Article 10 AMENDED COMMISSION PROPOSAL 
Unchanged 
Article 9 
Final provisions 
1. Unchanged 
2. Unchanged 
3. Member States shall report to the Commission 
every two years on the practical implementation of the 
provisions of this Directive, indicating the points of view 
of employers and workers. 
4. Unchanged 
Unchanged 
This Directive is addressed to the Member States. 
12. 5. 90 Official Journal of the European Communities NoC 118/19 
COMMON POSITION OF THE COUNCIL 
ANNEX I 
REFERENCE FACTORS 
(Articles 3 (2), 4 (a) and (b), and 6 (2)) 
1. Characteristics of the load 
The manual handling of a load may present a risk 
particularly of back injury if it is: 
— too heavy or too large, 
— unwieldy or difficult to grasp; 
— unstable or has contents likely to shift, 
— positioned in a manner requiring it to be held or 
manipulated at a distance from the trunk, or with a 
bending or twisting of the trunk, 
— likely, because of its contours and/or consistency, to 
result in injury to a worker, particularly in the event of a 
collision. 
2. Physical effort required 
A physical effort may present a risk particularly of back 
injury if it is: 
— too strenuous, 
— only achieved by a twisting movement of the trunk, 
— likely to result in a sudden movement of the load, 
— made with the body in an unsuitable posture. 
3. Characteristics of the working environment 
The characteristics of the work environment may increase a 
risk particularly of back injury if: 
— there is not enough room to carry out the activity, 
— the floor is uneven, thus presenting tripping hazards, or is 
slippery in relation to the worker's footwear, 
— the place of work or the working environment prevents 
the handling of loads at a safe height with good posture 
by the worker, 
— there are variations in the level of the floor or the 
working surface, requiring the load to be manipulated on 
different levels, 
— the floor or foot-rest is unstable, 
— the temperature and humidity or ventilation are 
unsuitable. AMENDED COMMISSION PROPOSAL 
ANNEX I 
REFERENCE FACTORS 
(Articles 3 (2), 4 (a) and (b), and 6 (2)) 
1. Characteristics of the load 
The manual handling of a load may present a risk of muscu­
loskeletal injury if it is: 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
2. Physical effort required 
A physical effort may present a risk of musculoskeletal injury 
if it is: 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
3. Characteristics of the working environment 
The characteristics of the work environment may increase a 
risk of musculoskeletal injury if: 
— there is not enough room, particularly headroom, to 
carry out the activity, 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
NoC 118/20 Official Journal of the European Communities 12. 5. 90 
COMMON POSITION OF THE COUNCIL AMENDED COMMISSION PROPOSAL 
4. Requirements of the activity 
The activity may present a risk particularly of back injury if 
it entails one or more of the following requirements: 
— over-frequent or over-prolonged physical effort involving 
in particular the spine, 
— an insufficient bodily rest or recovery period, 
— excessive lifting, lowering or carrying distances, 
— a rate of work imposed by a process which cannot be 
altered by the worker. 4. Requirements of the activity 
The activity may present a risk of musculoskeletal injury if it 
entails one or more of the following requirements: 
— Unchanged 
— Unchanged 
— Unchanged 
— Unchanged 
ANNEX II 
Individual risk factors 
(Articles 5 and 6 (2)) 
The worker may be at risk if he/she: 
— is physically unsuited to carry out the task in question, 
— is wearing unsuitable clothing, footwear or other personal 
effects, 
— does not have adequate or appropriate knowledge or 
training. Unchanged