Common Position (EC) No 19/2001

adopted by the Council on 23 March 2001

with a view to adopting a Directive of the European Parliament and of the Council of ... amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

(Text with EEA relevance)

(2001/C 142/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,

Having regard to the proposal from the Commission, submitted after consulting the Advisory Committee on Safety, Hygiene and Health Protection at Work(1),

Having regard to the Opinion of the Economic and Social Committee(2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty(3),

Whereas:

(1) Article 137(2) of the Treaty provides that the Council may adopt, by means of directives, minimum requirements for encouraging improvements, especially in the working environment, to ensure a better level of protection of the safety and health of workers.

(2) Pursuant to the said 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 enterprises.

(3) The improvement of occupational safety, hygiene and health is an objective which may not be subordinated to purely economic considerations.

(4) Compliance with the minimum requirements designed to ensure a better standard of health and safety in the use of work equipment provided for temporary work at a height is essential to ensure the health and safety of workers.

(5) The provisions adopted pursuant to Article 137(2) of the Treaty do not prevent any Member State from maintaining or introducing such more stringent measures for the protection of working conditions as are compatible with the Treaty.

(6) Work at a height may expose workers to particularly severe risks to their health and safety, notably to the risks of falls from a height and other serious occupational accidents, which account for a large proportion of all accidents, especially of fatal accidents.

(7) Self-employed persons and employers, where they themselves pursue an occupational activity and personally use work equipment intended for carrying out temporary work at a height, may affect employees' health and safety.

(8) Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(4), imposes on these categories of persons the obligation to respect, inter alia, Article 4 of and Annex I to Directive 89/655/EEC(5).

(9) Any employer who intends to have temporary work carried out at a height must select equipment affording adequate protection against the risks of falls from a height.

(10) In general, collective protection measures to prevent falls offer better protection than personal protection measures. The selection and use of equipment appropriate to each specific site for preventing and eliminating risks should be accompanied by specific training and supplementary investigations where appropriate.

(11) Ladders, scaffolding and ropes are the equipment most commonly used in performing temporary work at a height and the safety and health of workers engaged in this type of work therefore depend to a significant extent on their correct use. The manner in which such equipment can most safely be used by workers must therefore be specified. Adequate specific training of the workers is therefore required.

(12) This Directive is the most appropriate means of achieving the desired objectives and does not go beyond what is necessary for that purpose.

(13) This Directive is a practical contribution towards creating the social dimension of the internal market.

(14) Member States should be given the opportunity to make use of a transitional period to take account of the particular problems which SMEs have to face,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

The text annexed to this Directive shall be added to Annex II to Directive 89/655/EEC.

Article 2

1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than ...(6). They shall forthwith inform the Commission thereof.

Member States shall have the right, as regards the implementation of section 4 of the Annex, to make use of a transitional period of not more than two years from the date mentioned in the first subparagraph, in order to take account of the various situations which might arise from the practical implementation of this Directive in particular by small and medium-sized enterprises.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

3. Member States shall notify the Commission of the provisions of national law which they have already adopted or adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 247 E, 31.8.1999, p. 23, and OJ C ...

(2) OJ C 138, 18.5.1999, p. 30.

(3) Opinion of the European Parliament of 21 September 2000 (not yet published in the Official Journal), Council Common Position of 26 March 2001 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 245, 26.8.1992, p. 6.

(5) OJ L 393, 30.12.1989, p. 1.

(6) Three years from the date of publication in the Official Journal.

ANNEX

"4. Provisions concerning the use of work equipment provided for temporary work at a height.

4.1. General provisions

4.1.1. If, pursuant to Article 6 of Directive 89/391/EEC and Article 3 of this Directive, temporary work at a height cannot be carried out safely and under appropriate ergonomic conditions from a suitable surface, the work equipment most suitable to ensure and maintain safe working conditions must be selected. Collective protection measures must be given priority over personal protection measures. The dimensions of the work equipment must be appropriate to the nature of the work to be performed and to the foreseeable stresses and allow passage without danger.

The most appropriate means of access to temporary workplaces at a height must be selected according to the frequency of passage, the height to be negotiated and the duration of use. The choice made must permit evacuation in the event of imminent danger. Passage in either direction between a means of access and platforms, decks or gangways must not give rise to any additional risks of falling.

4.1.2. Ladders may be used as work stations for work at a height only under circumstances in which, given point 4.1.1, the use of other, safer work equipment is not justified because of the low level of risk and either the short duration of use or existing features on site that the employer cannot alter.

4.1.3. Rope access and positioning techniques may be used only under circumstances where the risk assessment indicates that the work can be performed safely and where the use of other, safer work equipment is not justified.

Taking the risk assessment into account and depending in particular on the duration of the job and the ergonomic constraints, provision must be made for a seat with appropriate accessories.

4.1.4. Depending on the type of work equipment selected on the basis of the foregoing, the appropriate measures for minimising the risks to workers inherent in this type of equipment must be determined If necessary, provision must be made for the installation of safeguards to prevent falls. These must be of suitable configuration and sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. Collective safeguards to prevent falls may be interrupted only at points of ladder or stairway access.

4.1.5. When the performance of a particular task requires a collective safeguard to prevent falls to be temporarily removed, effective compensatory safety measures must be taken. The task may not be performed until such measures have been taken. Once the particular task has been finished, either definitively or temporarily, the collective safeguards to prevent falls must be reinstalled.

4.1.6. Temporary work at a height may be carried out only when the weather conditions do not jeopardise the safety and health of workers.

4.2. Specific provisions regarding the use of ladders.

4.2.1. Ladders must be so positioned as to ensure their stability during use. Portable ladders must rest on a stable, strong, suitably-sized, immobile footing so that the rungs remain horizontal. Suspended ladders must be attached in a secure manner and, with the exception of rope ladders, so that they cannot be displaced and so that swinging is prevented.

4.2.2. The feet of portable ladders must be prevented from slipping during use by securing the stiles at or near their upper or lower ends, by any anti-slip device or by any other arrangement of equivalent effectiveness. Ladders used for access must be long enough to protrude sufficiently beyond the access platform, unless other measures have been taken to ensure a firm handhold. Interlocking ladders and extension ladders must be used so that the different sections are prevented from moving relative to one another. Mobile ladders must be prevented from moving before they are stepped on.

4.2.3. Ladders must be used in such a way that a secure handhold and secure support are available to workers at all times. In particular, if a load has to be carried by hand on a ladder, it must not preclude the maintenance of a safe handhold.

4.3. Specific provisions regarding the use of scaffolding

4.3.1. When a note of the calculations for the scaffolding selected is not available or the note does not cover the structural arrangements contemplated, strength and stability calculations must be carried out unless the scaffolding is assembled in conformity with a generally recognised standard configuration.

4.3.2. Depending on the complexity of the scaffolding chosen, an assembly, use and dismantling plan must be drawn up by a competent person. This may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question.

4.3.3. The bearing components of scaffolding must be prevented from slipping, whether by attachment to the bearing surface, provision of an anti-slip device or any other means of equivalent effectiveness, and the load-bearing surface must have a sufficient capacity. It must be ensured that the scaffolding is stable. Wheeled scaffolding must be prevented by appropriate devices from moving accidentally during work at a height.

4.3.4. The dimensions, form and layout of scaffolding decks must be appropriate to the nature of the work to be performed, suitable for the loads to be carried and permit work and passage in safety. Scaffolding decks must be assembled in such a way that their components cannot move in normal use. There must be no dangerous gap between the deck components and the vertical collective safeguards to prevent falls.

4.3.5. When parts of a scaffolding are not ready for use, for example during assembly, dismantling or alteration, they must be marked with general warning signs in accordance with the national provisions transposing Directive 92/58/EEC and be suitably delimited by physical means preventing access to the danger zone.

4.3.6. Scaffolding may be assembled, dismantled or significantly altered only under the supervision of a competent person and by workers who must have received appropriate and specific training in the operations envisaged, addressing specific risks in accordance with Article 7, and more particularly in:

(a) understanding of the plan for the assembly, dismantling or alteration of the scaffolding concerned;

(b) safety during the assembly, dismantling or alteration of the scaffolding concerned;

(c) measures to prevent the risk of persons or objects falling;

(d) safety measures in the event of changing weather conditions which could adversely affect the safety of the scaffolding concerned;

(e) permissible loads;

(f) any other risks which the abovementioned assembly, dismantling or alteration operations may entail.

The person supervising and the workers concerned must have available the assembly and dismantling plan referred to in point 4.3.2 of this Annex, including any instructions it may contain.

4.4. Specific provisions regarding the use of rope access and positioning techniques

The use of rope access and positioning techniques must comply with the following conditions:

(a) the system must comprise at least two separately anchored ropes, one as a means of access, descent and support (work rope) and the other as back-up (security rope);

(b) workers must be provided with and use an appropriate harness and be connected by it to the security rope;

(c) the work rope must be equipped with safe means of ascent and descent and have a self-locking system to prevent the user falling should he lose control of his movements. The security rope must be equipped with a mobile fall prevention system which follows the movements of the worker;

(d) the tools and other accessories to be used by a worker must be secured to the worker's harness or seat or by some other appropriate means;

(e) the work must be properly planned and supervised, so that a worker can be rescued immediately in an emergency;

(f) in accordance with Article 7, the workers concerned must receive adequate training specific to the operations envisaged, in particular rescue procedures.

In exceptional circumstances where, in view of the assessment of risks, the use of a second rope would make the work more dangerous, the use of a single rope may be permitted, provided that appropriate measures have been taken to ensure safety in accordance with national legislation and/or practice."

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 1 December 1998 the Commission submitted to the Council, on the basis of Article 118a of the Treaty establishing the European Community, a 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.

2. Following the entry into force of the Amsterdam Treaty, the legal basis has changed from former Article 118a to Article 137(2), and the Directive now falls under the codecision procedure.

3. The European Parliament delivered its first-reading opinion on 21 September 2000. The Economic and Social Committee delivered its opinion on 24 March 1999. The Committee of the Regions stated in a letter dated 23 November 1999 that it would not deliver an opinion on this subject.

4. On 10 October 2000 the Commission submitted to the Council an amended proposal for a Directive, including some of the European Parliament's amendments.

5. The Council adopted its Common Position on 23 March 2001, in accordance with the procedure laid down in Article 251 of the Treaty.

II. OBJECTIVE

The proposal for a Directive is designed to contribute to a substantial reduction in the number of falls from a height, which represent one of the major causes of serious accidents at work. In particular, the proposal lays down conditions for the use of scaffolding, ladders and ropes when these are used for work at a height.

III. ANALYSIS OF THE COMMON POSITION

1. General observations

Article 137(2) of the Treaty states that the Council: "may adopt, by means of directives, minimum requirements for gradual implementation, having regard to the conditions and technical rules obtaining in each of the Member States".

The Council, in its Common Position, has respected the objectives put forward by the Commission and supported by Parliament, while introducing a number of amendments to the proposal.

The Common Position is in accordance with the objectives of Article 137(2) of the Treaty in the area covered, since it is designed to introduce minimum requirements to improve the health and safety of workers.

The Common Position aims to set out the requirements relating to quite specific situations at work, namely the use of work equipment allowing access to and the use of work stations at a height.

The Common Position aims to cover all sectors of activity, and includes a clear obligation to select equipment which offers adequate protection against the risks of falls from a height, and also, where appropriate, for the specific and appropriate training of workers.

Ladders, scaffolding and ropes are the equipment most commonly used to carry out temporary works at a height, and the Common Position sets out the way in which this equipment may be used by workers under the safest conditions.

Finally, the Common Position allows Member States a transitional period to take account of practical problems of implementation which may be encountered by small and medium-sized enterprises in particular.

2. Amendments made by the European Parliament

Parliament adopted 21 amendments.

2.1. European Parliament amendments not accepted by the Commission

The Commission did not include five of the Parliament's amendments in its amended proposal. These were amendments 1, 6, 7, 8 and 21.

2.2. European Parliament amendments accepted by the Commission

In its amended proposal the Commission included, either literally or in spirit, 16 of the 21 amendments proposed by the Parliament. These were amendments 2, 3, 4, 5, 9, 10, 11, 12 (in part), 13, 14, 15, 16, 17 (in part), 18, 19 and 20.

3. Main amendments made by the Council to the Commission's amended proposal

3.1. European Parliament amendments accepted by the Council

The Council accepted the 16 amendments included, in whole or in part, by the Commission in its amended proposal, if not literally then at least in spirit. These were amendments 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.

The Council thus broadly supported the Commission's amended proposal.

Amendments 3, 11, 15 and 20 were included in full in the Council's Common Position. Amendment 20 was transferred to paragraph 4.1.5 and amendment 11 was partially transferred to new paragraph 4.4 of the Common Position.

Amendments 2, 4 and 9 were slightly reworded. Amendments 5, 10, 12, 13, 16 and 18 were taken from the Commission's amended proposal, and amendments 14, 17 and 19 were reworded in the Common Position.

The Council also included in its Common Position a part of amendment 19 which had been rejected by the Commission, and amendment 6 which is presented in the form of a recital in the Common Position.

Finally, while supporting the Commission in its rejection of amendment 8, the Council amended paragraph 4.1.1 of the Annex to state that collective protection measures must be given priority over personal protection measures.

3.2. European Parliament amendments not accepted by the Council

The Council, like the Commission in its amended proposal, did not regard it as appropriate to include amendments 1, 7 and 21 in its Common Position.

In rejecting those amendments, the Council considered that:

- the new recital proposed in amendment 1 was already covered by the Common Position,

- amendment 7 would amend standard texts which have already been accepted many times,

- Directive 92/58/EEC sufficiently covers what is proposed in amendment 21. However, the Council undertook, by means of a statement in the minutes, to re-examine Directive 92/58/EEC in the light of the Commission report on the implementation of this Directive.

3.3. New provisions introduced by the Council

(a) Transitional period

The Council felt that it was appropriate, in Article 2 of the Common Position, to introduce an optional transitional period of two years to take account of the various situations which might arise from the practical implementation of the Directive, in particular by small and medium-sized enterprises.

The Council felt that the implementation of this Directive would require, amongst other things, information and awareness campaigns, the organisation of training courses and the acquisition of new equipment.

(b) Deletion of paragraph 3.2.8

The Council deleted paragraph 3.2.8 of the Commission's amended proposal, which covered the use of non-guided load lifting equipment.

The Council felt that the provisions set out in paragraph 3.2.4 of Annex I and paragraph 3.1.2 of Annex II to Directive 89/655/EEC, as amended by Directive 95/63/EC, were in fact sufficient to handle such cases in an appropriate fashion.

IV. CONCLUSION

The Council feels that overall the text of the Common Position is in line with the basic objectives of the Commission's amended proposal. It also believes that it has taken account of the essential features of the objectives pursued by the European Parliament in its proposed amendments.