Amended proposal for Directive of the European Parliament and of the Council 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) (presented by the Commission pursuant to Article 250(2) of the EC Treaty)
Date: 2000-10-10
Institutions: European Commission
Subjects: labour law, occupational health, occupational safety, protective equipment, working conditions

27.2.2001

EN

Official Journal of the European Communities

C 62 E/113

Amended proposal for a Directive of the European Parliament and of the Council 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)

(2001/C 62 E/06)

(Text with EEA relevance)

COM(2000) 648 final (cid:16) 1998/0327(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 11 October 2000)

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the Treaty establishing the European
Community, and in particular Article 137 (2) thereof,

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

Unchanged

Having regard to the opinion of
Committee (1),

the Economic and Social

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

Acting in accordance with the procedure referred to in Article
251 of the Treaty,

After consulting the Committee of the Regions (2),

(1) Whereas Article 118a of

the Treaty provides that

the
Council
adopt, by means of directives, minimum
requirements for encouraging improvements, especially
in the working environment, to ensure a better level of
protection of the safety and health of workers.

imposing

(2) Whereas Pursuant to the said Article, such directives must
legal
administrative,
avoid
constraints
in a way which would hold back the
creation and development of small and medium-sized
undertakings.

financial

and

(3) 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.

___________
(1) JO C 138, 18.5.1999, p. 30.

Whereas:

(1) Article 137(2) of the Treaty provides that the Council may
adopt, by means of directives, minimum requirements for
encouraging improvements, especially in the working
environment, to ensure a better level of protection of
the safety and health of workers.

(2) 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 devel-
opment of small and medium-sized undertakings.

(3) 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.

___________
(2) The Committee of the Regions indicated, by letter of 23 November
1999, that it would not deliver an opinion on this proposal for a
Directive.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(4) 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.

(4) The provisions adopted pursuant to Article 137(2) 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.

(5) Whereas Work at a height may expose workers

to
particularly severe risks to their safety and health, and
in particular to the risks of falls from a height and of
serious occupational accidents.

(5) Work at a height may expose workers to particularly
severe risks to their safety and health, and in particular
to the risks of falls from a height and of serious occupa-
tional accidents which are responsible for high rates of
injury, in particular fatal injuries.

(6) Whereas Any employer who intends to have temporary
work carried out at a height should select equipment
affording adequate protection against
falls
from a height.

the risks of

(6) Any employer who intends to have temporary work
carried out at a height must select equipment affording
adequate protection against
falls from a
height.

the risks of

(7) Self-employed persons and employers, where they them-
selves pursue an occupational activity and personally use
work equipment
temporary
work at a height, may affect employees’ health and
safety. A solution must therefore be found to cover all
persons
and
completing temporary work at a height.

intended for carrying out

performing

preparing,

employed

in

(8) 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.

(8) 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. The manner in which such equipment can most
safely be used by workers has to be specified. Adequate
specific training of workers is therefore required.

(9) 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.

(9) This Directive is the most appropriate means of achieving
the desired objectives and does not go beyond what is
necessary to achieve that purpose.

(10) Whereas This Directive is a practical contribution towards
creating the social dimension of the internal market,

(10) This Directive is a practical contribution towards creating

the social dimension of the internal market,

HAVE ADOPTED THIS DIRECTIVE:

Unchanged

SECTION I

Article 1

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

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 2

Final provisions

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

(3 years after

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 shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Communities.

Article 4

Unchanged

This Directive is addressed to the Member States.

3.2.8. Work involving a risk of

falls from non-guided load lifting
equipment is permitted 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.

General

4.1.1.

conditions

this Directive,

In accordance with Article 6 of Directive 89/391/EEC and
Article 3 of
temporary work at a height
if
cannot be carried out in complete safety and under acceptable
the work
ergonomic
equipment most suitable to ensuring an adequate standard of
safety and 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.

from a suitable

surface,

ANNEX

4.1.1.

conditions

this Directive,

In accordance with Article 6 of Directive 89/391/EEC and
Article 3 of
temporary work at a height
if
cannot be carried out in complete safety and under acceptable
the work
ergonomic
equipment most
suitable to ensuring and maintaining the
highest 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.

from a suitable

surface,

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INITIAL PROPOSAL

AMENDED PROPOSAL

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.

Unchanged

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 risk and either the
short duration of use and low level of risk or existing charac-
teristics of the sites which the employer cannot change.

4.1.2. Ladders may be used as working places for work at a height
only under circumstances in which, taking account of point
4.1.1 the use of other, safer work equipment is not justified in
view of the low level of risk and either the short duration of use
the sites which the employer
or existing characteristics of
cannot change.

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

Unchanged

B the system shall comprise at least two suspension ropes,

each having a separate anchorage point;

B each of the two suspension ropes shall be equipped with

fail-safe means of descent;

B tools and other accessories shall be secured to the workers’

harnesses;

B work shall be carried out by at least two workers;

Deleted

B work must be properly planned and supervised, so that
assistance can be rendered immediately to the worker in
case of need;

B the workers concerned shall have received training specific
to the operations envisaged, including rescue procedures.

Unchanged

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 prevention 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. prevention safeguards may be interrupted only at
points of ladder or stairway access.

4.1.4. Depending on the type of work equipment chosen on the basis
of the foregoing requirements, the appropriate precautions to
minimise the risks to which it gives rise shall be determined. If
necessary, provision shall be made for
the installation of
collective fall prevention 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. Collective fall prevention safeguards may be inter-
rupted only at points of ladder or stairway access.

4.2.

Specific requirements for the use of ladders

Unchanged

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 and,
in a manner which
ensures they cannot be displaced and prevents swinging.

4.2.1. Ladders shall be so positioned as to ensure their stability during
use. Portable ladders shall rest on a stable, strong, suitably
dimensioned and immobile footing so that the rungs remain
horizontal. Suspended ladders shall be attached in a secure
manner and, with the exception of rope ladders, in a manner
which ensures they cannot be displaced and prevents swinging.

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INITIAL PROPOSAL

AMENDED PROPOSAL

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

4.2.2. When portable ladders are in use, their feet shall be prevented
from slipping by securing the styles at or near their upper or
lower ends, by any anti-slip device or by any other arrangement
of equivalent effectiveness. Ladders used for access shall be long
enough for their uprights to protrude sufficiently beyond the
access platform. Ladders consisting of
several assemblable
components and extension ladders shall be so used as to
ensure that components 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.

4.2.3. Ladders shall be so used that a secure handhold and secure
support are available to workers at all times. In particular, if a
load has to be carried by hand on a ladder, it shall not preclude
maintaining a safe handhold.

4.3.

Specific requirements for the use of scaffolding

Unchanged

4.3.1. When no statement of the design calculations is available for the
the
stability calculations

the statement does not cover
contemplated,

scaffolding selected or
structural
arrangements
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.

4.3.2. Depending on the complexity of

the scaffolding chosen, an
assembly, use and dismantling plan shall be drawn up by a
competent person. It may be in the form of a standard plan,
supplemented by items relating to specific details of the scaf-
folding in question.

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
shall be provided
equivalent effectiveness. Mobile scaffolds
with devices which prevent their accidental movement when
ready for use. These devices must be in operation

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, and the load-bearing surface must
have a sufficient capacity. Scaffolding shall be braced against
movement. Mobile scaffolds shall be provided with devices
which prevent their accidental movement when ready for use.
These devices must be in operation before any person steps onto
the scaffold.

4.3.4. The dimensions, of scaffold decks shall be appropriate to the
nature of the work to be performed and the 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 gaps between the deck components
and the vertical collective safeguards.

4.3.4. The dimensions, form and arrangement of scaffold decks shall
be appropriate to the nature of the work to be performed and
the loads to be borne and shall allow safe working and passage.
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
their components cannot move in normal use. There
that
shall be no dangerous gaps between the deck components and
the vertical collective fall prevention safeguards.

4.3.5. When parts of scaffolding are not ready for use, for example
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.

Unchanged

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INITIAL PROPOSAL

AMENDED PROPOSAL

4.3.6. Scaffolding shall be assembled, dismantled or

include interpretation of

significantly
altered only under the supervision of a competent person and
only by workers who are trained in this type of work. Such
the assembly and
training shall
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 risk which the operations may entail.
During the work,
the competent person and the workers
concerned shall have available the assembly and dismantling
plan mentioned in point 4.3.2 of the present Annex.

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.

4.3.6. Scaffolding shall be assembled, dismantled or

significantly
altered only under the supervision of a competent person and
only by workers who have received adequate training specific to
the operations envisaged, in accordance with the provisions of
Article 7, especially with a view to the following: understanding
the plan for assembling, dismantling or altering the scaffolding
concerned; safety during assembly, dismantling or alteration of
the scaffolding concerned; measures to prevent
the risk of
persons or objects falling; safety measures in the event of
changing weather conditions which may prejudice the safety
of the scaffolding concerned; conditions relating to permitted
load and any other risk which the abovementioned assembly,
dismantling and alteration operations may entail. During the
work, the competent person and the workers concerned shall
have available the assembly and dismantling plan mentioned in
point 4.3.2 of the present Annex.

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. The task may not be
performed until such measures have been taken. Once that
particular task is finished, either for good or temporarily, the
collective prevention safeguards shall be put back in place.