Proposal for a Council Directive amending for the second time Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (2nd individual Directive within the meaning of Article 16 of Directive 89/391/EEC) - (Text with EEA relevance)
Date: 1998-11-27
Institutions: European Commission
Subjects: accident prevention, occupational accident, occupational health, occupational safety, safety standard

31.8.1999

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Proposal for a Council Directive for the second time Directive 89/655/EEC concerning the
minimum safety and health requirements for the use of work equipment by workers at work
(2nd individual Directive within the meaning of Article 16 of Directive 89/391/EEC)

(1999/C 247 E/03)

(Text with EEA relevance)

COM(1998) 678 final (cid:151) 98/0327(SYN)

(Submitted by the Commission on 27 November 1998)

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of
Commitee,

the Economic and Social

Acting in accordance with the procedure referred to in Article
189c of
the Treaty in cooperation with the European
Parliament,

Whereas
ladders and scaffolding are the equipment most
frequently used in performing temporary work at a height
and the safety and health of workers engaged in this type of
work therefore depend to a significant extent on their correct
use; whereas the manner in which such equipment can most
safely be used by workers should therefore be specified;

Whereas this Directive is the most appropriate means of
achieving the desired objectives and does not go beyond
what is necessary to achieve that purpose;

Whereas this Directive is a practical contribution towards
creating the social dimension of the internal market,

HAS ADOPTED THIS DIRECTIVE:

Whereas Article 118a of the Treaty provides that the Council
shall adopt, by means of directives, minimum requirements for
the working
encouraging
environment,
the
safety and health of workers;

improvements,
especially
to ensure a better level of protection of

in

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 undertakings;

Whereas compliance with the minimum requirements designed
to ensure a better standard of safety and health in the use of
work equipment provided for temporary work at a height is
essential to ensure the safety and health of workers;

Whereas the provisions adopted pursuant to Article 118a of
the Treaty do not prevent any Member State from maintaining
or introducing more stringent measures for the protection of
working conditions compatible with the Treaty;

Whereas work at a height may expose workers to particularly
severe risks to their safety and health, and in particular to the
serious occupational
risks of
accidents;

falls from a height and of

Whereas any employer who intends to have temporary work
carried out at a height should select equipment affording
adequate protection against the risks of falls from a height;

(1) OJ L 393, 30.12.1989, p. 13, amended by Directive 95/63/EC,

OJ L 335, 30.12.1995, p. 28.

Article 1

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

Article 2

Final Provisions

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by . . .
(three years after its adoption). They shall
immediately inform the Commission thereof.

2. When Member States adopt these provisions, these shall
contain a reference to this Directive or shall be accompanied
by such reference at the time of their official publication. The
procedure for such reference shall be adopted by Member
States.

3. 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 covered by this Directive.

Article 3

This Directive is addressed to the Member States.

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ANNEX

3.2.8. Work involving a risk of falls from non-guided load lifting equipment only under particular justified circum-

stances. In such cases, workers shall be protected by personal fall prevention equipment.

4.

Requirements for the use of work equipment provided for temporary work at a height

4.1.

Generalities

4.1.1.

In accordance with Article 6 of Directive 89/391/EEC and Article 3 of this Directive, if temporary work at a
height cannot be carried out in complete safety and under acceptable ergonomic from a suitable surface, the
work equipment most suitable to ensure an adequate standard of safety throughout the operations shall be
selected. The dimensions of the equipment shall be appropriate to the nature of the work to be performed and
the foreseeable stresses and influences and shall allow passage without danger.

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

4.1.2. Ladders may be used as working places for work at a height only under circumstances in which the use of other,

safer work equipment is not justified in view of the short duration of use and low level of risk.

4.1.3. Rope access and positioning techniques may be used only in special circumstances and subject to the following

conditions:

(cid:151) the system shall comprise at least two suspension ropes, each having a separate anchorage point;

(cid:151) each of the two suspension ropes shall be equipped with fail-safe means of descent;

(cid:151) the tools and other accessories shall be secured to the workers’ harness;

(cid:151) work shall be carried out by at least two workers;

(cid:151) the workers concerned shall have received training specific to the operations envisaged, including rescue

procedures.

4.1.4. Depending on the type of work equipment chosen on the basis of the foregoing requirements, the appropriate
precautions to reduce the risks to which it gives rise shall be determined. If necessary, provision shall be made for
the installation of collective fall protection safeguards. These shall be of suitable configuration and of sufficient
strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. They may
be interrupted only at points of ladder or stairway access.

4.2.

Specific requirements for the use of ladders

4.2.1. Ladders shall be so positioned as to ensure their stability during use. Portable ladders shall rest on a stable, strong,
immobile and horizontal footing. Suspended ladders, other than rope ladders, shall be fixed in a secure manner
to ensure that they cannot be displaced and prevent swinging.

4.2.2. Before portable ladders are brought into service, their feet shall be prevented from slipping by securing the stiles
at or near their upper or lower ends, by any anti-slip device or by any other arrangement of equivalent effec-
tiveness. Ladders in several sections shall be so used as to ensure that the sections are prevented from moving
relative to each other. Mobile ladders shall be immobilised before any person steps onto them.

4.2.3. Ladders shall be so used that a secure handhold and secure support are available to workers at all times.

4.3.

Specific requirements for the use of scaffolding

4.3.1. When no statement of the design calculations is available for the scaffolding selected or this statement does not

cover the structural arrangements contemplated, stability calculations shall be carried out.

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

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4.3.3. The bearing components of a scaffold shall be prevented from slipping, either by attachment to the bearing
surface or by provision of an anti-slip device or by any other means of equivalent effectiveness. Mobile scaffolds
shall be provided with devices which prevent their accidental movement when ready for use. These devices must
be in operation during work at a height.

4.3.4. The dimensions of scaffold decks shall be appropriate to the nature of the work to be performed and shall allow
passage without danger. They shall be of a thickness such that they are entirely safe, having regard to the distance
between two supports and the loads to be withstood. Scaffold decks shall be so assembled that their components
cannot move in normal use. There shall be no dangerous gap between the deck components and the vertical
collective safeguards.

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

4.3.6. Scaffolding shall be assembled, dismantled or significantly altered only under the supervision of a competent
person and only by workers who are trained in this type of work. Such training shall include interpretation of the
assembly and dismantling plan, safety during assembly, dismantling or alteration of the scaffolding concerned,
prevention of the risk of persons or objects falling, changing weather conditions, load factors and any other risks
which the operations may entail. During the work, the person in charge and the workers concerned shall have
available the assembly and dismantling plan mentioned in the present Annex (4.3.2).

4.3.7. When the performance of a particular task requires a collective fall prevention safeguard to be removed

temporarily, effective compensatory measures shall be taken.