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
Date: 1995-06-27
Institutions: European Commission
Subjects: industrial equipment, occupational health, occupational safety, protective equipment, safety standard, working conditions

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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. 

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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; 

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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; 

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Proposal 

Modified  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; 

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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; 

Article 1 

Directive 89/655/EEC  is 
amended  as follows: 

1. Article 4 is amended  as 
follows: 

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-  in paragraph  1(a)  (ii) 
the words  'I, points 1 

-  in paragraph  1(a)  (ii) 

the words  'in the 

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Proposal 

Modified  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 

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." 

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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.' 

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1. The employer  shall 
ensure that where the 

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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 

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. 

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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 

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enterprise it must be 
accompanied by physical 
evidence that the last 
inspection has been 
carried out'; 

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 : 

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7. Article 9 is amended as 
follows : 

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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', 

Original  Commission 
Proposal 

Modified  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 

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8. The Annex  becomes Annex 
I. 

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9. Annexes  II, III, IV and 
V to this Directive  are 
added. 

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This Directive  is 

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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 

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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. 

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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 

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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. 

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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 

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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. 

(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. 

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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. 

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3.3.4. Work equipment  for 
lifting workers must be 
such as to: 

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. 

(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. 

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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; 

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. 

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(e) work equipment  must 

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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) 

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(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. 

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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 

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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. 

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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 

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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 

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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. 

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. 

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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 

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1.19.  If any machine has a 
maintenance  log it must be 
kept up to date. 

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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 
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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 

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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. 

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3.1.1. Mobile or movable 

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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 

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. 

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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 

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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 

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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 

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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) 

(b) 

(c) 

Hyperbaric  and 
hypobaric  chambers, 
including their 
accessories, which 
are used as an 
enclosure  for 
workers. 

Mobile work 
equipment with a 
maximum  speed of 
over 15 km/h. 

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. 

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(b) 

(c) 

Mobile work 
equipment with a 
maximum  speed of 
over  10 km/h. 

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. 

(d) 

Cable haulage 
installations 
designed to be 
erected  at various 
sites. 

(e) 

Installations  for 
storing and  filling 
flammable liquids. 

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(f) 

Pressurized  work 

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equipment  in one of 
the  categories 
subject  pursuant  to 
Directive 
.../.../EC to 
certification 
procedures  requiring 
intervention by 
third parties or 
comparable 
organizations. 

(g) 

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 

(g) 

(h) 

Safety  components 
including non-
material barriers. 

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. 

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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) 

(b) 

(c) 

(d) 

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; 

have knowledge of 
the applicable  laws; 

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; 

be  sufficiently 
independent  of other 
interests, 
particularly  those 
of the person 
responsible  for 
equipment  operation. 

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3. The person  competent to 
carry out the  inspections 

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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. 

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 

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