AMENDED 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 FALLING WITHIN THE TERMS OF ARTICLE 16 OF DIRECTIVE ... )
Date: 1989-04-25
Institutions: European Commission
Subjects: accident prevention, handling, occupational health, occupational safety, worker (EU)

% 

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM  (89)213 

f i n al  -SYN128 

Brussels,25 April  1989 

4. 

Amended  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 falling within the terms of Article 16 

of Directive  ...) 

(presented  by the Commission under 

Article 149-3 of the Treaty) 

COMMISSION  PROPOSAL 
COM(88) 78 
OJ C  117 of  4.5.1988 

AMENDED COMMISSION  PROPOSAL BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN  PARLIAMENT ON  16 NOVEMBER  1988 

£&*JM 

THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 

Unchanged 

Having regard  to the Treaty 
establishing  the European Economic 
Community  and  in particular Article 
118A thereof, 

Having regard  to the Commission 
proposal drawn up after  consultation 
with the Advisory  Committee  for 
Safety, Hygiene and Health  Protection 
at Work, 

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 
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 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; 

3733/88 EN esb 

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, which will  ensure 
better protection of the safety and 
health of workers; 

Deleted 

Unchanged 

Unchanged 

Deleted 

Page 1& 

COMMISSION PROPOSAL. 
COM(88) 78 
OJ C 117 of 4.5  1988 

AMENDED COMMISSION  PROPOSAL. BASED 
ON THE OPINION DELIVERED  BY THE 
EUROPEAN  PARLIAMENT ON  16 NOVEMBER  1988 

Whereas Member States1  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; 

Deleted 

Deleted 

Deleted 

Deleted 

Whereas  compliance with the minimum 
requirements  for ensuring a better 
level of safety and  health at 
workplaces  is essential  to ensure  the 
safety and  health of workers and 
whereas  these requirements are also 
essential to promote fair  competition; 

Whereas  this Directive  is an 
individual directive within the 
meaning  of Article  16 of the Directive 
on the introduction of measures to 
encourage  improvements  in the safety 
and health of workers at work and that 
therefore the provisions of the  latter 
are fully applicable  to the fields of 
the manual handling  of heavy  loads, 
without  prejudice to more  stringent 
and/or specific  provisions  set out in 
the present Directive; 

Whereas a committee  must be set up to 
assist  the Commission  in  implementing 
the additional measures provided  for 
in the Directive; 

Deleted 

Whereas, pursuant to Decision No 
74/325/EEC(l),  the Advisory  Committee 
for Safety, Hygiene and  Health 
Protection at Work  shall be consulted 
by the Commission  on the drawing  up of 
proposals  in this  field, 

3733/88 EN esb 

Page 2 

COMMISSION  PROPOSAL 
COM(88) 78 
OJ C 117 of  4.5.1988 

AMENDED COMMISSION  PROPOSAL  BASED 
ON THE OPINION  DELIVERED BY THE 
EUROPEAN  PARLIAMENT  ON  16 NOVEMBER  1988 

HAD ADOPTED THIS DIRECTIVE 

Article 1 

This Directive, which  is an  individual 
Directive within  the meaning of 
Article  13 of Directive  ... 

1. This Directive, which  is an 
individual directive within  the 
meaning of Article  16 of the Directive 
on the  introduction of measures to 
encourage  improvements  in the safety 
and  health of workers at work,  lays 
down minimum  safety and  health 
requirements  for the manual  handling 
of heavy  loads by workers. 

2. The provisions of the Directive 
referred  to  in paragraph  1 are fully 
applicable  to the field of the manual 
handling  of heavy  loads, without 
prejudice to more  stringent  and/or 
specific provisions  set out  in the 
present Directive. 

Article  1 bis 

The Member States  shall provide 
adequate checks and  supervision to 
ensure the implementation  of this 
Directive. 

Article 2 

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. 

Employers  shall take  steps to reduce 
the risks arising  from the handling of 
heavy  loads and  shall take the 
necessary measures  to protect the 
safety and health of workers by, where 
technically  feasible, preventing  them 
from having to handle  such  loads 
without mechanical assistance. 

Article 3 

Unchanged 

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. 

3733/88 EN esb 

Page 3 

COMMISSION  PROPOSAL 
COM(88) 78 
OJ C 117 of 4.5.1988 

AMENDED COMMISSION  PROPOSAL BASED 
ON THE OPINION  DELIVERED  BY THE 
EUROPEAN  PARLIAMENT ON  16 NOVEMBER  1988 

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. 

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 work  involves the manual 
handling of heavy  loads. 

Article 4 

Unchanged 

Employers  must  take account  of the 
individual  characteristics  of the 
workers when organizing  manual 
handling work on the basis of Annex 
III. 

Article  5 

1. Workers must be given  proper 
training and  information  on the risks 
they  incur when carrying  out 
activities which may  cause back  injury 
if they are not done correctly. There 
must  be qualified  staff to carry out 
frequent  supervision 

1. Workers must  be given  proper 
training and  information on the  risks 
they  incur when carrying out 
activities which may cause back  injury 
if they are not done correctly. There 
must be qualified  staff to carry out 
frequent  supervision. 

2. As far as possible workers  shall 
also be  informed  of: 

Workers  shall also be  informed of: 

-  the weight of a heavy  load 

-  the weight of a heavy  load; 

-  the centre of gravity  or the 

-  the centre of gravity  or the 

heaviest  side when a package is 
eccentrically  loaded. 

heaviest  side when a package is 
eccentrically  loaded. 

Article 6 

Unchanged 

The employer must  consult  the workers 
or their representatives  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. 

For the purposes of making  changes to 
Annexes  I, II and  III as a result of: 

3733/88 EN esb 

Page 4 

COMMISSION  PROPOSAL. 
COM(08) 78 
OJ C  117 of 4.5  1988 

AMENDED  COMMISSION  PROPOSAI. BASED 
ON THE OPINION  DELIVERED  BY  THE 
EUROPEAN  PARLIAMENT ON  16 NOVEMBER  1988 

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. 

Article 8 

1. The Member States  shall adopt  the 
laws, regulations  and  administrative 
provisions  necessary  to comply  with 
this Directive by  1.1.1991  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  implementation  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. 

-  technical  progress, changes  in 
international  regulations or 
specifications and  know-how  in the 
field  of the manual handling  of 
heavy  loads, 

the Commission  shall be assisted  by 
the Committee  and  shall follow the 
procedure  set out  in Article  17 of the 
Directive  referred  to  in Article 1, 
paragraph  1, of the present Directive. 

1. The Member States  shall adopt the 
laws, regulations and  administrative 
provisions  necessary  to comply  with 
this Directive by  the date  fixed  for 
the entry  into force of the Directive 
referred  to in Article  1, paragraph 1, 
of the present Directive.  They  shall 
immediately  inform  the Commission 
thereof. 

2. The Member States  shall forward  to 
the Commission  the texts of any 
national  legislation which have 
already  been adopted  or which they are 
adopting  in the field governed  by this 
Directive. 

3. The Member States  shall report back 
to the Commission  every  five years on 
the practical  implementation  of the 
provisions of this Directive, 
indicating  the opinions of the two 
sides of  industry. The  Commission 
shall  inform  the Council, the European 
Parliament, the Economic and  Social 
Committee,  the Advisory Committee  for 
Safety, Hygiene and  Health at Work and 
the Committee described  in Article  17 
of the Directive  referred  to in 
Article  1, paragraph  1, of the present 
Directive. 

4. At regular  intervals, the 
Commission  shall forward  a report on 
the  implementation  of the Directive to 
the Council, the European  Parliament 
and  the Economic and Social  Committee, 
taking  into account the provisions of 
paragraphs  2 and  3. 

Article 9 

Unchanged 

This Directive  is addressed  to the 
Member States. 
3733/88 EN esb 

Page 5 

COMMISSION  PROPOSAL 
COM(88) 78 
OJ C  117 of  4.5.1988 

AMENDED COMMISSION  PROPOSAL  BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN  PARLIAMENT ON  16 NOVEMBER  1988 

Done at Brussels, 

For the Council 

The  President 

ANNEX  I 

Beginning  unchanged 

Characteristics  of the  load and  the 
physical effort  involved 

1. A load may  present a risk of back 
injury  if it is: 

1. A load may  present a serious risk 
of back  injury  if it is: 

-  too heavy, too  large or both 

-  excessively  heavy 

-  unwieldy  and/or difficult  to grasp 

unchanged 

-  unbalanced,  unstable or has 
contents  likely  to shift 

-  unstable or has contents  likely to 

shift 

-  located  in a position  requiring  to 

unchanged 

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. 

2. A physical effort may present a 
risk of back  injury  if it is: 

2. A physical effort may  present a 
risk of back  injury  if it is: 

-  too  strenuous 

-  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 

deleted 

unchanged 

unchanged 

-  made with the body  in an unstable 

unchanged 

posture. 

ANNEX  II 

beginning  unchanged 

Reference  factors referred  to in 
Article 3 

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COMMISSION PROPOSAL. 
COM(88) 78 
OJ C  117 of 4.5.1988 

AMENDED COMMISSION PROPOSAL  BASED 
ON THE OPINION DELIVERED BY THE 
EUROPEAN  PARLIAMENT  ON 16 NOVEMBER  1988 

1. The work  environment may present a 
risk of back  injury  if: 

1. The work  environment may present a 
risk of back  injury  if: 

-  the activity  cannot be carried  out 

-  rest of point  1 unchanged 

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: 

2. The task may present a risk of back 
injury  if it requires: 

-  too frequent or prolonged  physical 

effort by a part or all of the body 

-  too frequent or prolonged  physical 

effort by the spine 

-  an insufficient rest and recovery 

rest of point 2 unchanged 

period 

-  excessive  lifting, lowering or 

carrying distances. 

ANNEX  III 

Unchanged 

3733/88 EN esb 

Page 7 

Commission of the European Communities 

COM(89)  213  final 

Amended 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  falling  within  the  terms  of  Article  16  of 
Directive...) 
(presented by the Commission under Article  149(3) of the EEC Treaty) 

25.4.1989 

Office for  Official Publications of the European Communities 

L - 2985 Luxembourg 

Series:  DOCUMENTS 

1989 -  8 pp. -  Format: 21.0 *  29.7 cm 

EN 
ISSN  0254-1475 

ISBN  92-77-49346-1 

Catalogue number:  CB-CO-89-174-EN-C 

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COM(89)  213  final 

ISSN 0254-1475 

DOCUMENTS 

Amended  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 falling within the  terms 
of  Article  16 of  Directive  ...) 

(presented  by the  Commission  under 
Article  149(3) of  the  EEC Treaty) 

05 

Catalogue number:  CB-CO-89-174-EN-C 

ISBN  92-77-49346-1 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

25.4.1989