it -te COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 27.06.1995 
COM(95) 311 final 
94/0077 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
amending Directive 89/655/EEC on the 
minimum safety and health requirements for the use of 
work equipment by workers at work 
2nd Individual Directive within the meaning of Article 16 
of Directive 89/391/EEC 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Following the opinion of the European Parliament delivered on 17 February 1995 (first 
reading), the Commission herewith presents to the Council an amended proposal for a 
Council Directive under Article 189 a, paragraph 2, of the EC Treaty. 
The amended proposal mostly seeks to clarify, precise or correct the original proposal, 
whilst retaining the same general structure and objectives as the initial proposal. 
Of the 50 amendments adopted by the European Parliament 26 have been accepted, 17 
have been redrafted. 
The amendments accepted by the Commission make the proposal more precise as regards 
the information of workers and the objectives of some prescriptions (Annex I, point 
3.1.1., 3.2.1., 3.2.2., 3.2.5., 3.3.4., 3.4., Annex II, 1.4., 1.14.,2.5., 3.1.1. and Annex IV,2) 
or correct iinguistical errors. 
The Commission also accepted the introduction of the need to take into account 
ergonomie principles and the strengthening of the criteria for the inclusion of work 
equipment in the inspection schedule (Annex IV), once in a redrafted version. 
Whereas the Commission agrees to change the deadline for the bringing into conformity 
of existing specific work equipment (as covered in Annex I, part 3) to all the relevant 
requirements of Annex I concerning them to the end of the year 2000, it cannot admit 
their mandatory scrapping five years later. 
The Commission did not accept a series of amendments which are already covered 
elsewhere in the text sometimes in better terms. This is the case for "qualified personnel", 
testing before putting into use, committee arrangements, a new proposed recital, 
consultation procedures and training. 
Although sharing the European Parliament's concern that the prevention measures should 
not be limited to workers only but also extend to persons in general, the Commission was 
unable to introduce such amendments since the scope of Article 118a of the Treaty would 
be exceeded. 
Other amendments aiming at rendering the proposal more stringent in respect to kickback 
of workpieces, to cartridge operated fixing tools and to protection against rolling over of 
all agricultural vehicles would lead to excessive cost and therefore have been rejected, 
as were amendments on marking of lifting equipment and information of workers because 
of their potential to lead to confusion. 
Finally an amendment on test records was due to a translation error in the original 
proposal. The text should be a copy of the second paragraph of point 2.13 of the Annex 
of Directive 89/655/EEC which is simply transferred to Annex II and which deals with 
keeping maintenance logs up to date. 
The Economic and Social Committee delivered its opinion on 23 November 1994. 
i o-
Original Commission 
Proposal 
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 
proposal from the 
Commission, 
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 safety 
and health of workers; 
Whereas, 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; 
Whereas, therefore, the 
Member States must take 
measures to facilitate 
implementation of the 
provisions of this 
Directive by enterprises, 
in particular small and 
medium-sized enterprises; 
whereas such measures may 
include training and 
information activities and 
the introduction of 
standard inspection 
programmes adapted to the 
specific requirements of 
the various sectors of the 
economy; Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
Whereas compliance with 
the minimum requirements 
designed to guarantee a 
better standard of safety 
and health in the use of 
work equipment is 
essential to ensure the 
safety and health of 
workers; 
unchanged 
-Page 1-
Original Commission 
Proposal 
Whereas the provisions of 
this Article do not 
prevent each Member State 
from establishing and 
maintaining more stringent 
protective measures, 
compatible with this 
Treaty, governing 
conditions of work; 
Whereas Article 9 (1)[1] 
of Directive 89/655/EEC 
provides for the addition 
to the Annex of 
supplementary minimum 
requirements applicable to 
work equipment covered by 
point 3 of the Annex, in 
accordance with the 
procedure pursuant to 
Article 118A of the 
Treaty; whereas Directive 
92/57/EEC [2] provides 
that certain parts of 
Annex IV B, Section II 
will be specified at the 
same time; 
Whereas, Directive 
89/655/EEC should be 
supplemented by minimum 
requirements concerning 
inspections to be carried 
out on certain work 
equipment during use and 
laying down certain rules 
for use with a view to 
promoting the health and 
safety protection of 
workers; 
Whereas this Directive 
must confine itself to 
defining the objectives to 
be achieved and the 
principles to be respected 
in such a way as to leave 
the Member States free to 
decide how this is to be 
done; 
Article 1 
Directive 89/655/EEC is 
amended as follows: 
1. Article 4 is amended as 
follows: 
- in paragraph 1(a) (ii) 
the words 'I, points 1 Modified proposal 
unchanged 
unchanged 
unchanged 
Whereas this Directive 
must confine itself to 
defining the objectives to 
be achieved and the 
principles to be respected 
leaving Member States free 
to decide how national 
legislation will be 
complied with and improved 
upon. 
Whereas this Directive 
constitutes a practical 
step towards creating the 
social dimension of the 
European Community; 
unchanged 
unchanged 
unchanged 
- in paragraph 1(a) (ii) 
the words 'in the 
-Page 2-
Original Commission 
Proposal 
and 2' are inserted 
after the word 
'Annex', 
in paragraph 1(b) the 
following text is 
added: 'I, points 1 
and 2 and by 31 
December 2000 at the 
latest with the 
minimum requirements 
laid down in point 3 
of Annex 1', 
- paragraphs 3 and 4 as 
follows are added : 
'3. The employer shall 
take the measures 
necessary to ensure 
that, during use of the 
work equipment, the 
minimum requirements 
listed in Annex II are 
respected. 
4. The Member States 
shall, after 
consultation with both 
management and labour, 
establish procedures for 
authorising alternative 
means of protection 
and/or organization of 
work as long as this 
guarantees an equivalent 
level of safety, where 
the specific conditions 
of use do not permit 
application of the 
minimum requirements set 
out in paragraph 3'; 
2. The following Article 
is inserted : 
'Article 4b - Inspection 
of work equipment 
1. The employer shall 
ensure that where the Modified proposal 
Annex' are replaced by 
'in Annex I', 
in paragraph 1(b) the 
words 'in the Annex' 
are replaced by 'in 
Annex I'. 
- a paragraph 1(c) is 
inserted: 
"c) Without prejudice to 
a)i) and in derogation 
from a)ii) and b), work 
equipment which is subject 
to the provisions of Annex 
I (3) and is already at 
the disposal of workers in 
the enterprise or 
establishment by 31 
December 1996, shall meet 
the minimum requirements 
provided for in Annex I 
within four years of that 
date at the latest." 
unchanged 
unchanged 
4. The Member States 
shall, after 
consultation with both 
sides of industry, 
establish procedures for 
authorising alternative 
means of protection 
and/or organization of 
work as long as 
application of the 
minimum requirements 
referred to in paragraph 
3 is objectively not 
possible and an 
equivalent level of 
safety is guaranteed.' 
unchanged 
unchanged 
1. The employer shall 
ensure that where the 
-Page 3-
Original Commission 
Proposal 
safety of work equipment 
depends on the 
installation conditions, 
it shall be subject to 
an initial inspection 
(after installation and 
before first being taken 
into service) and after 
assembly at new site, to 
ensure that the work 
equipment has been 
installed correctly and 
is operating properly. 
2. The employer shall 
ensure that work 
equipment exposed to 
conditions causing 
deterioration which is 
liable to result in 
dangerous situations are 
subject to : 
- periodic inspections 
and 
special inspections 
each time that 
exceptional 
circumstances which 
are liable to 
jeopardize the safety 
of the work equipment 
have occurred, such as 
modification work, 
accidents, heavy 
storms or prolonged 
periods of inactivity, 
so that the 
deterioration can be 
detected and remedied in 
good time. 
3. Pursuant to paragraph 
2 and without prejudice 
to the provisions of 
Article 6(3) of 
Directive 89/391/EEC, 
the employer shall draw 
up or have drawn up a 
plan for the inspection 
of work equipment based 
on the intended 
conditions for use and 
taking account of any 
information furnished by 
the manufacturers. 
This plan shall 
determine the type and 
frequency of the 
inspections and the Modified proposal 
safety of work equipment 
depends on the 
installation conditions, 
it shall be subject to 
an initial inspection 
(after installation and 
before first being taken 
into service) and after 
assembly at a new site 
or in a new location, to 
ensure that the work 
equipment has been 
installed correctly and 
is operating properly. 
2. The employer shall 
ensure that work 
equipment exposed to 
conditions causing 
deterioration which is 
liable to result in 
dangerous situations is 
subject to : 
- periodic inspections 
and testing where 
appropriate and 
- special inspections 
each time that 
exceptional 
circumstances which 
are liable to 
jeopardize the safety 
of the work equipment 
have occurred, such as 
modification work, 
accidents, heavy 
storms or prolonged 
periods of inactivity, 
to ensure that health 
and safety conditions 
are maintained and that 
the deterioration can be 
detected and remedied in 
good time. 
unchanged 
unchanged 
-Page 4-
Original Commission Proposal 
methods used - and, if 
necessary, any 
circumstances making it 
necessary to perform 
special inspections -
the specific competence 
required for inspection 
and the criteria to be 
applied on evaluation, 
and the conclusions to 
be drawn therefrom. 
The schedule shall also 
indicate the effective 
conditions of use under 
which it is valid. 
4. The inspection plan 
under paragraph 3 shall 
cover at least the work 
equipment listed in 
Annex IV(1). Inspections 
under paragraph 1 must 
be carried out at least 
in the cases covered by 
Annex IV(2). 
5. The Member States 
shall specify the 
criteria governing the 
competence required for 
drawing up the 
inspection plans under 
paragraph 3 and for 
carrying out the 
inspections under 
paragraphs 1 and 2 based 
on the minimum criteria 
given in Annex V. 
6. Member States shall 
take measures to 
facilitate the 
implementation by 
enterprises, in 
particular small and 
medium-sized 
enterprises, of the 
provisions laid down in 
the preceding 
paragraphs. These 
measures may include 
training and information 
activities targeted at 
enterprises and the 
introduction of standard 
inspection programmes 
adapted to the specific 
requirements of the 
various sectors of the 
economy. 
7. The results of 
inspections must be 
recorded and kept at the 
disposal of the 
authorities concerned. 
They must be kept for a 
suitable period of time. 
When work equipment is used outside of the Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 5-
Original Commission Proposal 
enterprise it must be 
accompanied by physical 
evidence that the last 
inspection has been 
carried out'; 
3. Article 8 is amended as 
follows : 
the words 'the Annex' are 
replaced by 'the Annexes'; 
4. Article 9 is amended as 
follows : 
- in paragraph 1 'the 
Annex' (twice) is 
amended to 'Annex I', Modified proposal 
3. The following article 
is inserted : 
'Article 5 A 
Ergonomics and 
occupational health 
The working posture and 
position of workers while 
performing their work 
tasks must be taken fully 
into account by the 
employer when applying 
minimum health and safety 
requirements and be 
improved in accordance 
with ergonomie 
principles.' 
4. At the end of Article 
6, paragraph 2 the 
following sentence is 
added : 
' All workers are to be 
informed of relevant 
changes in the working 
environment and of the 
potential dangers of all 
work equipment present in 
the work area or site, 
even if they do not use it 
directly.' 
5. Article 7 is amended by 
inserting a third indent: 
'- all workers receive 
adequate training in 
the use of work 
equipment and are 
informed of the 
consequences which 
might arise from not 
respecting the rules 
on health and safety.' 
6. Article 8 is amended as 
follows : 
unchanged 
7. Article 9 is amended as 
follows : 
unchanged 
•Page 6-
Original Commission 
Proposal 
- in paragraph 2 the 
words 'the Annex' are 
replaced by 'the 
Annexes'; 
5. The Annex becomes Annex 
I. 
2.6, 2.12, and 2.13 
paragraph 2 are deleted. 
In 2.16 the words 'loading 
and unloading' are 
inserted after 
'production'. 
At the end of the Annex 
the words 'as referred to 
in Article 9(1) of the 
Directive' are deleted. 
The text under the Annex I 
of this Directive is added 
to Annex I; 
6. Annexes II, III, IV and 
V to this Directive are 
added. 
Article 2 
Final provisions 
1. Member States shall 
bring into force the laws, 
regulations and 
administrative provisions 
necessary to comply with 
this Directive by 31 
December 1996 at the 
latest. They shall 
forthwith inform the 
Commission thereof. 
When Member States adopt 
these provisions they 
shall contain a reference 
to this Directive or shall 
be accompanied by such 
reference on official 
publication. The manner in 
which this reference is 
made shall be left to the 
Member States. 
2. Member States shall 
communicate to the 
Commission the texts of 
the provisions of national 
law which they have 
already adopted or adopt 
in the field governed by 
this Directive. 
Article 3 
This Directive is Modified proposal 
unchanged except FR 
8. The Annex becomes Annex 
I. 
unchanged 
unchanged 
unchanged except FR 
unchanged 
9. Annexes II, III, IV and 
V to this Directive are 
added. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 7-
Original Commission 
Proposal 
addressed to the Member 
States. 
[1] OJ No L393 of 
30.12.1989, p.13 
[2] OJ No L245, 26.8.1992, 
p.6 
ANNEX I 
3.1. Minimum requirements 
for woodworking and allied 
machinery and presses 
where the conditions of 
use require regular manual 
intervention in the danger 
zone. 
3.1.1. Where such work 
equipment cannot, because 
of its operating mode be 
equipped with protective 
devices to prevent access 
to danger zones entirely 
or to stop the movement of 
moving parts before access 
is obtained to danger 
zones, the hazards to 
workers when operating in 
the danger zones must be 
reduced to a minimum. 
3.1.2. Work 
in condition 
there is a r 
kickback or 
the work pie 
equipped or 
appropriate 
devices) in 
reduce this 
its effect. equipment used 
s in which 
isk of 
entrapment of 
ce must be 
adapted (with 
protective 
order to 
hazards and 
3.1.3. Where an operator 
obliged to intervene 
manually on work equipment 
is placed at risk through 
residual energy in that 
equipment, it must be so 
adapted that the hazard is Modified proposal 
unchanged 
unchanged 
3.1.1. Woodworking 
machines and allied 
machinery which, because 
of their operating modes, 
cannot be equipped with 
protective devices that 
entirely prevent access to 
danger zones when 
operating, shall be 
equipped with protective 
devices which reduce the 
risk of contact with the 
tools to a minimum. 
Presses, which are not 
equipped with effective 
protective devices or 
which for technical 
reasons cannot be fitted 
with such a device, shall 
be used only with closed 
tools or fixed guards 
which do not allow access 
to danger zones. 
unchanged 
unchanged 
-Page 8-
Original Commission 
Proposal 
eliminated. If necessary, 
it must be possible to 
dissipate the accumulated 
energy easily without it 
constituting a safety 
hazard to workers. 
3.2. Minimum requirements 
for mobile work equipment, 
whether or not self-
propelled 
3.2.1. Work equipment with 
ride-on workers must be 
fitted out such as to 
ensure that the workers 
can remain in complete 
safety during the journey. 
Places for standing 
passengers must be such 
that workers can place 
both feet fully on a non-
slip, if necessary 
slatted, surface and that 
at all times during the 
journey they have a sound 
hold, including when they 
are moving around on the 
work equipment. The risk 
of inadvertent contact of 
the ride-on workers with 
wheels or tracks or of 
workers being crushed by 
wheels or tracks must be 
kept to a minimum. 
3.2.2. Where an 
inadvertent blockage of 
the drive unit of an item 
of mobile work equipment 
might create a specific 
risk, such equipment must 
be equipped or adapted to 
prevent blockages or to 
avoid any adverse effects 
on workers where such 
blockage cannot be 
avoided. 
3.2.3. Where drive shafts 
for the transmission of 
energy between mobile 
items of work equipment 
can become soiled or 
damaged by trailing on the 
ground, facilities must be 
available for fixing them. 
3.2.4. Mobile work 
equipment with ridu-on 
workers must be designed 
to restrict, under actual 
conditions of use, the 
risks arising from work 
equipment rollover: 
- either by a protective 
structure to ensure Modified proposal 
unchanged 
3.2.1. Work equipment with 
ride-on workers must be 
fitted out such as to 
ensure that the workers 
can remain in complete 
safety during the journey. 
Places for standing 
passengers must be such 
that workers can place 
both feet fully on a non-
slip, if necessary 
slatted, surface and that 
at all times during the 
journey they have a sound 
hold, including when they 
are moving around on the 
work equipment. The risk 
of inadvertent contact of 
the ride-on workers in a 
way that they may be 
struck or crushed against 
another stationary or 
moving object must be kept 
to a minimum. 
3.2.2. Where an 
inadvertent blockage of 
the drive unit of an item 
of mobile work equipment 
might create a specific 
risk, such equipment must 
be equipped or adapted to 
prevent blockages. Where 
such blockage cannot be 
avoided, every possible 
measure must be taken to 
avoid any adverse effects 
on workers. 
unchanged 
unchanged 
unchanged 
-Page 9-
Original Commission 
Proposal 
that the equipment 
does not tilt by more 
than a quarter turn, 
- or a structure giving 
sufficient clearance 
around the ride-on 
workers if the tilting 
movement continues 
beyond a quarter turn. 
These protective 
structures may be an 
integral part of the work 
equipment. Where there is 
a risk of a ride-on worker 
being crushed between a 
protection structure and 
the ground a restraining 
system for the ride-on 
workers must be installed. 
These protective 
structures are not 
required when the work 
equipment is - except for 
transfer to and from the 
site of work - stabilized 
during operation or where 
the design makes rollover 
impossible. 
Annex III gives a non-
exhaustive list of 
conditions of use for some 
mobile work equipment 
requiring protection 
against the hazards caused 
by rollover. 
3.2.5. Self-propelled work 
equipment which may, in 
motion, engender risks for 
persons must fulfil the 
following conditions: 
(a) the equipment must 
have facilities for 
preventing 
unauthorized start­
up; 
(b) it must have 
appropriate 
facilities for 
minimizing the 
consequences of a 
collision where 
there is more than 
one item of track-
mounted work 
equipment in motion 
at the same time; 
(c) there must be a 
device for braking 
and stopping work 
equipment. Where 
safety constraints 
so require, 
emergency facilities 
with readily 
accessible controls Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 10-
Original Commission 
Proposal 
must be available 
for braking and 
stopping the 
equipment in the 
event of failure of 
the main facility; 
(d) there must be 
auxiliary devices to 
improve visibility 
if the direct field 
of vision of the 
driver is 
inadequate; 
(e) work equipment 
designed for use at 
night or in dark 
places must be 
equipped with 
lighting appropriate 
to the work to be 
carried out; 
(f) work equipment which 
constitutes a fire 
hazard, either on 
its own or in 
respect of whatever 
it is towing and/or 
carrying and which 
is liable to 
endanger workers, 
must be equipped 
with appropriate 
fire-fighting 
appliances where 
such appliances are 
not available 
sufficiently nearby 
at the place of use; 
(g) remote-controlled 
work equipment must 
stop automatically 
once it leaves the 
control range; 
(h) remote-controlled 
work equipment which 
may in normal 
conditions engender 
a crushing or impact 
hazard must have 
facilities to guard 
against this risk. 
3,3. Minimum requirements 
for work equipment for 
lifting loads 
3.3.1. When work equipment 
in installed permanently, 
the loads to be lifted and 
the stress induced at the 
mounting or fixing point 
must be taken into account 
to safeguard the 
equipment's strength and 
stability. Modified proposal 
(d) auxiliary devices 
must be installed to 
allow sufficient 
visibility when the 
direct field of 
vision of the driver 
is inadequate; 
(e) work equipment 
designed for use at 
night or in dark 
places must be 
equipped with 
lighting appropriate 
to the work to be 
carried out and must 
ensure sufficient 
safety for workers. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 11-
Original Commission 
Proposal 
3.3.2. Work equipment must 
be clearly marked to 
indicate its maximum 
capacity. 
Lifting accessories must 
be marked such that it is 
possible to identify the 
characteristics essential 
for safe use. Work 
equipment which is not 
designed for lifting 
persons but which might be 
so used in error must be 
appropriately and clearly 
marked to this effect. 
3.3.3. Where loads handled 
by work equipment pass 
over or are close to 
travelled ways protective 
devices must be installed 
to ensure that: 
(a) workers are not 
struck by the load; 
(b) in the event of 
partial or total 
power supply failure 
or the termination 
of an operation, the 
load cannot drift 
dangerously or fall 
freely; 
(c) the load cannot be 
released 
unintentionally. 
3.3.4. Work equipment for 
lifting workers must be 
such as to: 
(a) prevent the risk of 
the lift cage 
falling by suitable 
devices; 
(b) prevent the risk of 
the user himself 
falling from the 
cage; 
(c) prevent the risk of 
the user being 
crushed, trapped or 
struck caused by the 
absence of an 
internal cabin door; 
(d) ensure that persons 
trapped in the cage 
in the event of an 
incident are not 
exposed to danger 
and can be freed. 
CI "1Z1 Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
3.3.4. Work equipment for 
lifting workers must be 
such as to: 
(a) prevent the risk of 
the carrier falling 
by suitable devices; 
(b) prevent the risk of 
the user himself 
falling from the 
carrier; 
(c) prevent the risk of 
the user being 
crushed, trapped or 
struck caused by 
unintended contact 
with objects; 
(d) ensure that persons 
trapped in the 
carrier in the event 
of an incident are 
not exposed to 
danger and can be 
freed. 
-Page 12-
Original Commission 
Proposal 
If for reasons inherent to 
the site and to height 
differences, the risks 
referred to in point (a) 
cannot be avoided by any 
safety measures, an 
enhanced safety 
coefficient suspension 
rope must be installed and 
checked every working day 
in accordance with the 
conditions set out in 
Article 4b. 
3.4. Minimum requirements 
for scaffolding and 
similar work equipment to 
facilitate worker access 
to and presence at 
workstations at height. 
This work equipment must 
be such as to prevent the 
risk of falls and/or 
falling objects. To this 
end: 
(a) the work equipment 
must be able to 
withstand 
foreseeable loads 
during the use, 
particularly those 
resulting from 
materials and tools 
that have to be 
placed on the work 
equipment and/or 
used to carry out 
the work; 
(b) any excessive 
flexion and 
excessive 
oscillation or 
torsion movement 
must be precluded 
where equipment is 
being used according 
to instructions; 
(c) the work equipment 
must neither slip 
nor overturn nor 
shift nor collapse 
when in position for 
use; 
(d) erection, 
dismantling and any 
modifications 
required of non-
permanent work 
equipment must be 
able to be carried 
out in safety; 
(e) work equipment must Modified proposal 
If for reasons inherent to 
the site and to height 
differences, the risks 
referred to in point (a) 
cannot be avoided by any 
safety measures, an 
enhanced safety 
coefficient suspension 
rope must be installed and 
checked every working day 
in accordance with the 
conditions set out in 
Article 4b. 
3.4. Minimum requirements 
for scaffolding and 
similar work equipment, 
including ladders, to 
facilitate worker access 
to and presence at 
workstations at height. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 13-
Original Commission 
Proposal 
incorporate integral 
safety devices or 
ones which are 
readily attachable 
to the structure; 
(f) the work equipment 
must afford 
sufficient room for 
the work to be 
carried out and for 
the requisite 
materials and tools 
to be set down. 
3.5. Minimum requirements 
for work equipment used 
for detecting non-apparent 
risks 
Such work equipment must 
be such as to avoid, 
bearing in mind the 
conditions of use, any 
risks arising from the 
faulty display or 
interpretation of the 
measuring signal. Where 
appropriate, it must be 
possible to verify the 
operational condition of 
the work equipment at any 
time. 
3.6. Minimum requirements 
for bolt firing tools, 
captive bolt guns, nail 
drivers and the like 
It must not be possible to 
fire bolt firing tools, 
captive bolt guns, nail 
drivers and similar work 
equipment easily or 
without the application of 
a certain degree of force. 
Where it is not possible 
to meet this condition, 
the device should be 
rearmed for each shot. 
ANNEX II 
Minimum requirements 
concerning the use of 
work equipment referred 
to in Article 4 (3) Modified proposal 
unchanged 
(g) an adequate amount 
of securely fixed 
decking and ladders 
must be installed so 
as to provide a 
minimum level of 
safety for workers 
when working, 
gaining access to 
and leaving 
workstations at 
height. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 14-
Original Commission 
Proposal 
0. Preliminary remark 
The obligations laid down 
in this Annex apply having 
regard to the provisions 
of the Directive and where 
the corresponding risk 
exists for the work 
equipment in question. 
1. Minimum requirements of 
a general nature for all 
work equipment 
1.1. Work equipment and 
its components must, if 
necessary for the health 
and safety of workers, be 
stabilized by anchoring or 
other means. 
1.2. Work equipment must 
be installed and located 
such that there is 
sufficient space between 
moving parts and fixed or 
moving parts in their 
environment and such that 
all forms of energy and 
substances used or 
produced can be supplied 
and/or removed in a safe 
manner. 
1.3. Work equipment must 
be erected or dismantled 
under safe conditions, 
observing any instructions 
which may have been 
furnished by the 
manufacturer. 
1.4. Work equipment 
installed or erected in 
the open must be protected 
against lightning strike 
by lightning conductor 
equipment or other 
suitable means. 
1.5. In respect of the 
installation and use of 
electrically operated work 
equipment, care must be 
taken that the electrical 
components, including 
connecting leads, are 
protected against harmful 
external influences. 
Conductors must be 
properly insulated. All 
electrical work equipment 
and systems must be 
earthed or protected by 
ether suitable means of 
precluding any risk of 
accident due to direct or Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
1.4. Work equipment in 
need of protection against 
the effects of lightning 
while being used must be 
protected by a system for 
conducting the resultant 
electrical charges to 
earth or by other suitable 
means. 
unchanged 
-Page 15-
Original Commission 
Proposal 
indirect contact. 
1.6. Where work equipment 
is installed, erected or 
used below or in the 
vicinity of overhead 
electrical power lines, 
appropriate measures must 
be taken to avoid any 
contact of workers and/or 
their work equipment with 
the lines or 
electrification of 
workers. 
1.7. Work equipment which 
is taken out for service 
must be fitted with guards 
and protective and safety 
devices as prescribed. 
Otherwise, the equipment 
must be dismantled or 
rendered inaccessible or 
unusable by removing and 
taking away essential 
operating parts. 
1.8. Work equipment may 
not be used for operations 
or in conditions for which 
it is inappropriate. 
Whenever necessary from 
the point of view of 
health and safety of 
workers, work equipment 
must be used with safety 
devices and accessories 
prescribed for the various 
type of use. 
1.9. Before modifying work 
equipment or its 
conditions for use to an 
extent exceeding that 
envisaged by the 
manufacturer, the measures 
set out in Article 6 of 
Directive 89/391/EEC must 
be taken. 
1.10. If work equipment 
has to be combined, its 
mutual compatibility must 
be assured "and use must be 
limited as indicated by 
the manufacturers and/or 
having regard to any 
supplementary 
restrictions. 
1.11. No work may be 
carried out on electrical 
equipment or installations 
unless precautions have 
been taken to safeguard 
the safety of every worker 
involved or liable to be 
involved in the work. 
1.12. Dead work shall not 
begin on electrical Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged except DE 
-Page 16-
Original Commission 
Proposal 
installations until, where 
necessary to prevent 
electrical danger, the 
following measures have 
been taken: 
- the electrical 
installation or 
equipment to be worked 
on has been positively 
identified, and 
- the electrical 
installation or 
equipment has been 
disconnected from all 
sources of electrical 
energy, and 
- measures to prevent 
reconnection to any 
source of electrical 
energy have been 
taken, and 
- the absence of voltage 
on the electrical 
installation or 
equipment has been 
verified by the use of 
suitable means, and 
- the electrical 
installation or 
equipment has been 
earthed and short-
circuited where 
necessary by suitable 
means; and 
- measures have been 
provided or measures 
taken to prevent 
persons approaching 
and/or contacting any 
live parts which 
present an electrical 
danger in the vicinity 
of the work activity. 
1.13. Live work shall not 
begin on an electrical 
installation without 
ensuring that: 
- it is unreasonable for 
the electrical 
installation to be 
dead, and 
- it is reasonable for 
the work to be carried 
out on the electrical 
installation while it 
is live, and 
- suitable precautions, 
including where 
necessary the 
provision of suitable 
electrical safety 
equipment, are taken Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 17-
Original Commission 
Proposal 
to prevent injury. 
1.14. If one or more 
workers have to have 
access to parts of work 
equipment where there is a 
risk arising from oxygen 
deficiency, temperature, 
gas dusts, liquids, 
vapours or other 
substances, an emergency 
intervention and rescue 
procedure must be drawn 
up. Access for workers 
must be rendered safe, by 
means of prior ventilation 
or emptying or by some 
other suitable means; a 
check must be carried out 
to ensure that the 
required result has been 
obtained. Protection 
measures must be 
maintained during the 
intervention period. At 
least one person with whom 
there is reliable 
communication must remain 
present outside the work 
equipment during the 
intervention to ensure 
that the worker or workers 
can be rescued if 
necessary. The necessary 
rescue equipment must be 
available in situ. 
1.15. Where work equipment 
contains flowing or 
aspirated materials, 
workers must, by 
appropriate means, be kept 
at a sufficient distance 
to ensure that they are 
not buried or sucked in. 
1.16. Mobile or portable 
work equipment equipped 
with tools or accessories 
which cannot be entirely 
protected may be used only 
if no worker other than 
the operator is in danger 
zone of these tools or 
accessories. 
1.17. Mechanically 
operated work equipment, 
including all moving parts 
which are potential 
hazards, must be shut down 
for the purposes of 
repairing breakdowns, 
unblocking jammed moving 
parts and carrying out 
adjustment, servicing, 
cleaning or maintenance 
work. Modified proposal 
1.14. If one or more 
workers have to have 
access to parts of work 
equipment where there is a 
risk arising from 
unintended harmful contact 
with objects, oxygen 
deficiency, temperature, 
gas dusts, liquids, 
vapours or other 
substances, an emergency 
intervention and rescue 
procedure must be drawn 
up. Access for workers 
must be rendered safe, by 
means of prior ventilation 
or emptying or by some 
other suitable means; a 
check must be carried out 
to ensure that the 
required result has been 
obtained. Protection 
measures must be 
maintained during the 
intervention period. At 
least one person with whom 
there is reliable 
communication must remain 
present outside the work 
equipment during the 
intervention to ensure 
that the worker or workers 
can be rescued if 
necessary. The necessary 
rescue equipment must be 
available in situ. 
unchanged 
unchanged 
unchanged 
-Page 18-
Original Commission 
Proposal 
Where there is no 
alternative to carrying 
out work on moving parts, 
other measures must be 
taken to ensure that work 
can be conducted in 
safety, also when attempts 
are being made to resume 
operations. 
1.18. Workers must be 
equipped with suitable 
tools for removing in 
safety foreign objects or 
pieces of material from 
the vicinity of moving 
parts, otherwise these 
parts must be shut down. 
1.19. Work equipment 
inspection records must be 
kept up to date. 
1.20. In respect of 
changes being made to a 
programme of 
reprogrammable control 
systems, steps must be 
taken to ensure that 
safety functions are 
preserved, adjusted or 
supplemented. Any changes 
must be documented. 
2. Minimum specific 
requirements for the use 
of mobile equipment, 
whether or not self-
propelled 
2.1. Self-propelled work 
equipment shall only be 
driven by workers who have 
been specially trained in 
the safe driving of such 
equipment. Workers 
undergoing driving 
training must be under 
constant supervision. 
2.2. If several pieces of 
equipment are moving 
around in the same area, 
traffic rules must be 
drawn up and respected. 
2.3. Organizational 
measures must be taken to 
prevent workers on foot 
coming within the vicinity 
of self-propelled work 
equipment operating in 
restricted areas. 
If work can be done 
properly only if workers 
on foot are present, 
appropriate measures must 
be taken to prevent them 
from being run over. Modified proposal 
unchanged 
unchanged 
1.19. If any machine has a 
maintenance log it must be 
kept up to date. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged except DE 
If work can be done 
properly only if workers 
on foot are present, 
appropriate measures must 
be taken to prevent them 
from being harmed by the 
equipment. 
-Page 19-
Original Commission 
Proposal 
2.4. The transport of 
workers on mechanically 
driven mobile work 
equipment is authorized 
only where safe facilities 
are provided to this 
effect. If work must be 
carried out during the 
journey, speeds must be 
adjusted as necessary. 
2.5. Mobile work equipment 
with a combustion engine 
may not be used in 
enclosed spaces or 
galleries unless 
sufficient quantities of 
clean air can be 
guaranteed. 
2.6. Remote-controlled 
work equipment must be 
operated such that it is 
at all times within the 
operator's field of vision 
or field of control. 
2.7. Mobile work equipment 
may not be loaded such 
that workers are placed at 
risk during transport. In 
particular, free masses of 
loaded material may not 
set up dynamic forces 
liable to compromise the 
stability of the 
equipment. 
2.8. When energy 
transmission units between 
mobile work equipment have 
been disconnected they 
must be fixed so as not to 
drag on the ground. 
2.9. In connection with 
the use of mobile work 
equipment which, by 
design, projects objects 
or materials, appropriate 
measures must be taken to 
ensure that no worker is 
in the projection zone. 
3. Minimum requirements 
for the use of work 
equipment for lifting 
loads 
3.1. Minimum requirements 
for the use of work 
equipment for lifting 
guided or non-guided loads 
3.1.1. Mobile or movable Modified proposal 
unchanged 
2.5. Mobile work equipment 
with a combustion engine 
may not be used in working 
areas unless sufficient 
quantities of clean air 
can be guaranteed. 
The engine will be 
switched off when not in 
immediate use. 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
3.1.1. Mobile or movable 
-Page 20-
Original Commission 
Proposal 
work equipment designed 
for lifting loads may be 
used only on a base which 
is sufficiently resistant 
to ensure the stability of 
the work equipment during 
use. 
3.1.2. Persons may be 
lifted only by means of 
work equipment and 
accessories provided for 
this purpose. 
Exceptionally, and judging 
each case on its merits, 
the competent authorities 
may authorize work 
equipment which is not 
specifically designed for 
the purpose of lifting 
persons to be used to this 
effect, provided that 
specially designed 
accessories are used. 
When persons are being 
lifted the control 
position must be manned at 
all times. Persons being 
lifted must have reliable 
means of communication. In 
the event of danger, there 
must be reliable means of 
evacuating them. 
3.1.3. Workers may not be 
present under suspended 
loads. Loads may not be 
moved above unprotected 
workplaces occupied by 
workers. 
However, if work cannot be 
carried out properly any 
other way, appropriate 
procedures must be laid 
down and applied. 
3.1.4. Lifting accessories 
must be selected as a 
function of the loads to 
bo handled, gripping 
points, attachment tackle, 
atmospheric conditions and 
the mode and configuration 
of slinging. Lifting 
accessory tackle must be 
clearly marked so that 
users are aware of its 
characteristics where such 
tackle is not dismantled 
after use. 
3.1.5. Lifting accessories 
must be stored away from 
harmful atmospheric 
conditions and rodents. 
3.2. Minimum requirements 
for the use of work Modified proposal 
work equipment designed 
for lifting loads may be 
used only on a base which 
is sufficiently resistant 
to ensure the stability of 
the work equipment during 
use under all foreseeable 
conditions. 
unchanged 
unchanged 
unchanged except FR 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 21-
Original Commission 
Proposal 
equipment for lifting non-
guided loads 
3.2.1. When two or more 
items of work equipment 
used for lifting non-
guided loads are installed 
or erected on a site such 
as their working radii 
overlap, appropriate 
measures must be taken to 
avoid collision between 
the loads and/or the work 
equipment parts 
themselves. 
3.2.2. When using mobile 
work equipment for lifting 
non-guided loads, measures 
must be taken to prevent 
the equipment from 
tilting, overturning or, 
if necessary, moving or 
slipping. Checks are to be 
made to ensure that these 
measures are executed 
properly. 
3.2.3. If the operator of 
work equipment designed 
for lifting non-guided 
loads cannot observe the 
full path of the load 
either directly or by the 
way of auxiliary equipment 
providing the necessary 
information, a competent 
person must be in 
communication with the 
operator to guide him and 
organizational measures 
must be taken to prevent 
collisions of the load 
which could endanger 
workers. 
3.2.4. While a worker is 
attaching or detaching a 
load by hand, operation of 
the work equipment must be 
under his authority. 
3.2.5. If a load has to be 
lifted by two or more 
items of work equipment 
for lifting non-guided 
loads simultaneously, a 
procedure must be 
established and applied to 
avoid any risk resulting 
from poor coordination on 
the part of the operators. 
These operations may only 
be carried out in the 
presence of a responsible 
person other than the 
operators of the work 
equipment concerned. 
3.2.6. If work equipment 
designed for lifting non-
guided loads cannot Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
•Page 22-
Original Commission 
Proposal 
maintain its hold on the 
load in the event of a 
complete or partial power 
failure, appropriate 
measures must be taken to 
avoid exposing workers to 
any resultant risks. 
Suspended loads must not 
be left without 
surveillance unless 
arrangements have been 
made to prevent access to 
the danger zone. 
3.2.7. Work equipment 
designed for lifting non-
guided loads, including 
the gripping devices, 
accessories and support 
structure, must be kept 
under surveillance during 
work so as to detect any 
defects. Should any such 
defects jeopardizing the 
safety of operation be 
detected, work must be 
stopped immediately and 
necessary steps taken to 
ensure that the equipment 
no longer constitutes a 
hazard. 
3.2.8. Use in the open of 
work equipment must be 
halted when the 
meteorological conditions 
deteriorate to the point 
of jeopardizing the safe 
use of the equipment and 
exposing workers to risks. 
Additional protection 
measures to avoid work 
equipment turnover must be 
taken to avoid any risks 
to workers. 
4.. Specific minimum 
requirements for the use 
of other specific work 
equipment. 
4.1. Work equipment 
designed to contain and 
distribute liquids, 
vapours or gases under 
pressure or liquified must 
be used such as to avoid 
exceeding permissible 
service temperatures and 
pressures and, where 
appropriate, the levels of 
the liquid phase. Any 
attachments must be 
protected against the risk 
of mechanical, chemical or 
biological damage. 
4.2. Pressure vessels 
subject to high 
temperature heat exchange 
and/or exposed to flames Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 23-
Original Commission 
Proposal 
must be used under 
constant surveillance 
unless they are self-
regulated or incorporate 
fail-safe facilities. 
4.3. When filling 
pressurized systems, 
operators must have 
appropriate means for 
overseeing and respecting 
the filling conditions. 
4.4. Pressurized systems 
which previously contained 
flammable, corrosive or 
toxic substances must be 
depressurized and vented 
before being taken out of 
service permanently, 
without causing any risk 
to workers. 
4.5. The relevant 
characteristics of 
materials on which it is 
intended to use a bolt 
firing tool or similar 
work equipment must be 
identified prior to use. 
If firing is liable to 
jeopardize other workers, 
additional precautions 
must be taken. 
Annex III 
Non-exhaustive list -
covered in Annex I, 3.2.4, 
last paragraph - of the 
conditions of use for 
which certain mobile work 
equipment must be 
protected against the 
hazards caused by rollover 
left column 
Work equipment with a 
power rating of over 15 kW 
Trawler loaders or wheel 
loaders 
Back hoe loaders 
Trawler tractors or wheel 
tractors 
Scrapers (self-loading or 
not) 
Graders 
Articulated steer dumpers 
Self-propelled industrial 
trucks Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged except DE 
-Page 24-
Original Commission 
Proposal 
Agricultural, forestry and 
viticultural tractors 
right column 
Conditions of use 
Working involving movement 
in the vicinity of height 
differences of more than 1 
m, including trenches and 
ditches of a width 
exceeding 0,50 m and 
slopes steeper than 25 % 
All conditions 
All conditions 
ANNEX IV 
Non-exhaustive list of 
work equipment to be 
included in the inspection 
schedule referred to in 
article 4b (4) 
1. 
(a) Hyperbaric and 
hypobaric chambers, 
including their 
accessories, which 
are used as an 
enclosure for 
workers. 
(b) Mobile work 
equipment with a 
maximum speed of 
over 15 km/h. 
(c) Work equipment, and 
its accessories, for 
lifting loads of 
more than 300 Kg 
and/or for lifting 
workers where there 
is a risk of falling 
from a height of 
more than 3 m. 
(d) Cable haulage 
installations 
designed to be 
erected at various 
sites. 
(e) Installations for 
storing and filling 
flammable liquids. 
(f) Pressurized work Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
(b) Mobile work 
equipment with a 
maximum speed of 
over 10 km/h. 
(c) Work equipment, and 
its accessories, for 
lifting loads of 
more than 200 Kg 
and/or for lifting 
workers where there 
is a risk of falling 
from a vertical 
height of more than 
3 m. 
unchanged 
unchanged 
unchanged 
-Page 25-
Original Commission 
Proposal 
(g) equipment in one of 
the categories 
subject pursuant to 
Directive 
.../.../EC to 
certification 
procedures requiring 
intervention by 
third parties or 
comparable 
organizations. 
Safety components 
and non-material 
barriers. 
2. Correct installation 
and stability of lifting 
gear which can be 
dismantled, work equipment 
for facilitating access to 
and the presence of 
persons at workstations at 
a height and hyperbaric 
and hypobaric chambers 
within the meaning of 
point 1 (a) must be 
examined each time they 
have been erected on a new 
site and before they are 
taken into service. 
Hyperbaric and hypobaric 
chambers must also undergo 
inspection for leakage. 
ANNEX V 
Minimum competence 
criteria within the 
meaning of Article 4b (5) 
1. Competent persons must 
be either natural or legal 
persons, whether belonging 
to the enterprise or not. 
The competent person must 
have in his possession the 
full range of knowledge 
and experience necessary 
to handle all the aspects 
concerning the safety of a Modified proposal 
(g) Safety components 
including non-
material barriers. 
(h) Food-processing 
equipment that 
includes cutting 
mechanisms which are 
open and accessible 
during normal 
operation. 
(i) Silo mechanisms 
controlling the flow 
of materials and 
products and access 
to the silo. 
2. Correct installation 
and stability of lifting 
gear which can be 
dismantled, work equipment 
for facilitating access to 
and the presence of 
persons at workstations at 
a height and hyperbaric 
and hypobaric chambers 
within the meaning of 
point 1 (a) must be 
examined each time they 
have been erected on a new 
site or location and 
before they are taken into 
service. Hyperbaric and 
hypobaric chambers must 
also undergo inspection 
for leakage. 
unchanged 
unchanged 
unchanged 
-Page 26-
Original Commission 
Proposal 
piece of work equipment or 
a work equipment system. 
Depending on the nature 
and complexity of the work 
equipment concerned, the 
expertise of more than one 
person might be necessary. 
The same competent person 
may be involved at 
different stages of the 
inspection procedure, an 
independent competent 
person must be called in 
whenever the requisite 
expertise is not available 
within the enterprise 
itself. 
2. A person competent to 
draw up plans for the 
inspection of work 
equipment must have an 
overall understanding 
enabling him to assess the 
influence of different 
conditions of use on the 
safety condition of the 
work equipment under 
consideration. To this end 
he must : 
(a) possess the 
necessary 
professional 
qualifications based 
on theoretical and 
practical knowledge 
and experience 
commensurate with 
the type of 
equipment where 
appropriate, 
including the 
operation of systems 
of work equipment; 
(b) have knowledge of 
the applicable laws; 
(c) have knowledge of 
the various forms of 
inspection so that 
he can give precise 
indications as to 
their application 
and the 
interpretation of 
the results 
including any 
requisite measures; 
(d) be sufficiently 
independent of other 
interests, 
particularly those 
of the person 
responsible for 
equipment operation. 
3. The person competent to 
carry out the inspections Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 27-
Original Commission 
Proposal 
must 
(a) 
(b) 
(c) 
(d) 
(e) have the necessary 
professional 
qualifications based 
on theoretical and 
practical knowledge 
and experience 
commensurate with 
the equipment under 
consideration; 
have appropriate 
knowledge of the 
applicable laws; 
have knowledge and 
sufficient practical 
experience of the 
inspections to be 
carried out, and of 
evaluation of the 
results; 
be able to draw up 
test certificates 
and/or reports; 
be sufficiently 
independent of other 
interests 
particularly those 
of the person 
responsible for 
equipment operation 
as regards the 
conduct and 
evaluation of the 
inspection. Modified proposal 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
-Page 28-

ISSN 0254-1475 
COM(95) 311 final 
DOCUMENTS 
FN 04 
Catalogue number : CB-CO-95-342-EN-C 'a 
ISBN 92-77-91151-4 
Office for Official Publications of the European Commuioiiici: 
L-2985 Luxembourg 
*?