Re-examined proposal for a COUNCIL DIRECTIVE AMENDING 89/655/EEC ON THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR THE USE OF WORK EQUIPMENT BY WORKERS AT WORK (SECOND INDIVIDUAL DIRECTIVE WITHIN THE MEANING OF ARTICLE 16(1) OF DIRECTIVE 89/391/EEC)
Date: 1995-12-04
Institutions: European Commission
Subjects: industrial equipment, occupational health, occupational safety, protective equipment, safety standard, working conditions

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels, 04.12.1995 
COM(95)642  final 

94/0077  (SYN) 

Re-examined proposal  for a 

COUNCIL DIRECTIVE 

AMENDING  89/655/EEC 

ON THE  MINIMUM  SAFETY  AND  HEALTH 
REQUIREMENTS  FOR  THE  USE  OF WORR 
EQUIPMENT  BY  WORKERS  AT WORK 
(SECOND  INDIVIDUAL  DIRECTIVE  WITHIN  THE 
MEANING  OF  ARTICLE  16(1) OF 
DIRECTIVE  89/391/EEC) 

(presented by the Commission  pursuant to Article  189 c (d) 
of the EC Treaty) 

Explanatory  Memorandum 

The Commission  submitted the original  proposal  for this Directive  to Council  on  14 March 
19941. 

The aim  of the proposal  is  to  complement  Directive  89/655/EEC  (as  foreseen  in  its  article 
9(1)) by additional minimum requirements relating to specific work equipment such as mobile 
and lifting  equipment.  Safety  and  health  conditions  during the use of  work  equipment  shall 
be improved through rules for use and a system  of  in-service  inspections. 

The Economic and Social Committee and European Parliament rendered their opinion  on 23 
November  1994  and  17  February  1995  respectively.  On  27  June  1995,  the  Commission 
transmitted to Council  an amended proposal2. 

The Council of Ministers agreed on a common position on 24 July  1995, which was adopted 
by the European Parliament  on  15 November  1995  subject to  10 amendments.  Out of  these 
10  amendments,  the  Commission  accepted  six  subject  to  slight  redrafting.  As  regards  the 
amendments accepted,  the Commission  has the following  comments to make: 

Amendment  no. 3 

Subject: 

Lays obligation  to take measures  on employers 

Comment: 

It is consistent with the rest of the article to place this obligation on employers. 
However,  a  more  flexible  formulation  allows  employers  to  choose  other 
methods of achieving the safety level. 

Amendment  no. 4 

Subject: 

Clarifies  the aim of  provision 

Comment: 

Improves text even further  if the words  "to them" are inserted after  "relevant". 

Amendment  no. 5 

Subject: 

Extends requirement from  permanently  installed to all  work equipment 

Comment: 

The provision of the common position suffers from some imprecision.  However, 
its generalization to all work equipment cannot be accepted 

1  COM(94) 56 final-SYN  77 

2  COM(95) 311  final 

Amendment  no. 6 

Subject: 

Renders  the  common  position  more  precise  along  the  lines  of  the  original 
proposal 

Comment: 

The  text  is  clarified  further  with  redrafting  focussing  on  the  protection 
objective. 

Amendment  no. 7 

Subject: 

Requires  traffic  rules  only  if  two  or  more  mobile  work  equipments  are 

operating  in  a common  area 

Comment: 

Eliminates  a  useless requirement from  the common position. 

Amendment  no. 9 

Subject: 

Comment: 

Clarifies  common  position  in requiring that  national  legislation  and/or  practice 
must  specify  appropriate  supervision  in  order  to  make  possible  exceptional 
lifting  of  persons  with  work  equipment  not  foreseen  to this end 
Renders  transparent  the  operating  conditions;  a  slight  redrafting  further 
improves upon  the text. 

The  Commission  rejected  four  amendments,  namely  amendments  1, 2,  8,  and  10. 

The  Commission  renders  the following  opinion  in  respect  to the amendments  it  has  rejected: 

Amendment  no. 1 

Subject: 

Insists  on  ensuring  "health  and  safety  of  workers"  in  the  recital  addressing 

paragraph  2 of  Article  118A  (SMEs) 

Comment: 

Covered already  by the first  recital. 

Amendment  no. 2 
Subject: 

States  that  the  objectives  of  the  directive  must  define  minimum  safety  and 
health  requirements 

Comment: 

This formulation  is  unclear.  Both  the  amended  proposal  and  the  common 
position  took over  the second part  of  this amendment. 

Amendment  no. 8 

Subject: 

Reinstates rules for  use of mobile equipment  regarding remote control,  loading 
of work  equipment,  energy  transmission  units  and  projecting  objects. 

Comment: 

The specific requirements of this amendment are covered in more general terms 
by various parts  of annexes I  and II  of  the common position. 

Amendment  no. 10 

Subject: 

Reinstates  rules  for  use  of  lifting  equipment  regarding  the  observation  of 
potential  defects. 

Comment: 

The surveillance  of  all  lifting  operations provided for  by paragraph  3.2.5  of 
annex II  of  the common position  goes  beyond  this amendment. 

Re-examined proposal for a 

COUNCIL DIRECTIVE 

AMENDING  89/655/EEC 

ON THE MINIMUM SAFETY AND HEALTH 
REQUIREMENTS  FOR THE USE OF WORK 
EQUIPMENT BY WORKERS AT WORK 
(SECOND  INDIVIDUAL DIRECTIVE WITHIN THE 
MEANING  OF ARTICLE  16(1) OF 
DIRECTIVE 89/391/EEC) 

(presented by the Commission pursuant to Article  189 c (d) 
of the EC Treaty) 

r 

Common  position 

Penultimate  Whereas 

the  Member  States  shall,  after 
Whereas 
consultation  with  both  sides  of  industry,  and 
with  due  allowance  for  national  legislation 
and/or  practice,  establish  procedures  whereby 
a level of safety may be attained  corresponding 
to the objectives  indicated  by  Annex  II to this 
Directive; 

Article  1. paragraph  1, (c) 

Re-examined  proposal 

Whereas  this  Directive  shall  determine  the 
level  of safety  to be attained  by the  employer, 
leaving  the  Member  States  free  to  establish, 
after  consultation  with  both  sides  of  industry 
and with due allowance for national  legislation 
and/or  practice,  corresponding  application 
procedures. 

(c) 

the following  paragraph shall be added: 

(c)  the following  paragraphs  shall  be  added: 

legislation 

"3. Member States shall, after consultation with 
both  sides  of  industy,  and  with  due  allowance 
for  national 
and/or  practice, 
establish  procedures  whereby  a level  of  safety 
may  be  attained  corresponding 
the 
objectives 
indicated  by  the  provisions  of 
Annex  IL" 

to 

Article  1. paragraph  4 

" Workers must be alerted to relevant dangers, 
work  equipment  present  in  the  work  area  or 
site  and  any  changes affecting  them  inasmuch 
as they affect  work equipment situation in their 
immediate  work  area  or  site,  even  if  they  do 
not  use  such  equipment  directly." 

Annex  I.  paragraph  3. point 3.2.3. 

3.2.3.  Permanently  installed  work  equipment 
must  be  installed  in  such  a  way  as  to  reduce 
the  risk  of the load: 

(a)  striking workers; 

'3.  The  employer  shall 
take  appropriate 
measures to ensure that, during use of the work 
equipment, the level of safety  corresponding to 
the  objectives  laid  down  in  the  provisions  of 
Annex  II is  attained. 

4. The Member  States shall,  after  consultation 
with  both  sides  of  industry  and  with  due 
allowance 
legislation  and/or 
practice establish procedures for the application 
of  paragraph 3.' 

for  national 

"  In  sofar  as  they  could  be  affected,  workers 
must  be  made  aware  of  dangers  relevant  to 
them  arising  from  work  equipment  present  in 
their  immediate work  area or  site even  if they 
do not use  such work  equipment  directly." 

3.2.3.  Permanently  installed  work  equipment 
must  be  installed  and/or  fitted  out  in  such  a 
way  as to reduce the risk of the  load: 

(a)  striking workers; 

(b)  drifting  dangerously  or  unintentionnally 

(b)  drifting  dangerously  or falling  freely; 

falling  freely; 

(c)  being  released  unintentionally. 

(c)  being  released  unintentionally. 

<r 

Common  position 

Re-examined  proposal 

Annex  n.  point  1.1. 

1.1. Work equipment must be installed,  located 
and  used  in  such  a  way  as  to  reduce  risks  to 
users  of  the  work  equipment  and  for  other 
workers, for  example by  ensuring that there  is 
sufficient  space  between  the  moving  parts  of 
work  equipment  and  fixed  or  moving  parts  in 
its  environment  and  that  all  forms  of  energy 
and  substances  used  or  produced  can  be 
supplied  and/or removed  in  a safe  manner. 

Annex  II.  point 2.2. 

2.2.  If work  equipment is moving  around  in a 
work  area,  appropriate  traffic  rules  must  be 
drawn  up  and  followed. 

Annex  II. point 3.1.2.. 

3.1.2. Persons may be lifted  only  by  means of 
work  equipment  and  accessories  provided  for 
this purpose. 
Without prejudice  to  Article 
5  of  Directive  89/391/EEC,  exceptionally, 
work  equipment  which  is  not  specifically 
designed for the purpose of lifting  persons may 
be  used  to  this  effect,  provided  appropriate 
action  has  been  taken  to  ensure  safety  in 
accordance  with  national  legislation  and/or 
practice  laying  down  appropriate  supervision. 

1.1. Work equipment must be installed, located 
and used in such a manner that workers are not 
struck  by  its  moving  parts,  and  not  crushed 
between  its moving parts and  fixed  or  moving 
parts in its environment  and  in  such  a manner 
that all forms of energy and substances used or 
produced  can  be  supplied  and/or  removed 
safely. 

2.2.  If  two  or  more  items  of  work  equipment 
in  a  common  work  area, 
are  moving 
appropriate  traffic  rules  be  drawn  up  and 
followed. 

3.1.2. Persons may be lifted  only  by  means of 
work  equipment  and  accessories  provided  for 
Without  prejudice  to  Article 
this purpose. 
5  of Directive  89/391/EEC,  exceptionally  and 
provided 
legislation  and/or 
practice  lays  down  appropriate  supervision, 
work  equipment  which  is  not  specifically 
designed for the purpose of lifting persons may 
be  used  to  this  effect,  provided  appropriate 
action  has been taken  to  ensure  safety. 

that  national 

While  workers  are  on  work  equipment 
designed  for  lifting  loads  the  control  position 
must  be  manned  at  all  times.  Persons  being 
lifted  must 
of 
communication.  In  the  event  of  danger,  there 
must be  reliable  means  of  evacuating  them. 

reliable  means 

have 

While  workers  are  on  work  equipment 
designed  for  lifting  loads  the  control  position 
must  be  manned  at  all  times.  Persons  being 
lifted  must 
of 
communication.  In  the  event  of  danger,  there 
must be reliable  means  of  evacuating  them. 

reliable  means 

have 

I 

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COM(95) 642 final 

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