Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning 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) (Text with EEA relevance)
Date: 2001-06-27
Institutions: Council of the European Union, European Parliament
Subjects: accident prevention, occupational accident, occupational health, occupational safety, safety standard

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DIRECTIVE 2001/45/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 27 June 2001

amending Council Directive 89/655/EEC concerning 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)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article
251 of the Treaty (3),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 137(2) of the Treaty provides that the Council
may adopt, by means of Directives, minimum require-
ments for encouraging improvements, especially in the
working environment, to ensure a better level of protec-
tion of the safety and health of workers.

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 enterprises.

The improvement of occupational safety, hygiene and
health is an objective which may not be subordinated to
purely economic considerations.

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

The provisions adopted pursuant to Article 137(2) of
the Treaty do not prevent any Member State from main-
taining or introducing such more stringent measures for
the protection of working conditions as are compatible
with the Treaty.

(1) OJ C 247 E, 31.8.1999, p. 23 and
OJ C 62 E, 27.2.2001, p. 113.

(2) OJ C 138, 18.5.1999, p. 30.
(3) Opinion of the European Parliament of 21 September 2000 (OJ C
146, 17.5.2001, p. 78), Council Common Position of 23 March
2001 (OJ C 142, 15.5.2001, p. 16) and Decision of the European
Parliament of 14 June 2001.

(6) Work at a height may expose workers to particularly
severe risks to their health and safety, notably to the
risks of falls from a height and other serious occupa-
tional accidents, which account for a large proportion of
all accidents, especially of fatal accidents.

(7)

(8)

(9)

(10)

(11)

Self-employed persons and employers, where they them-
selves pursue an occupational activity and personally use
work equipment intended for carrying out temporary
work at a height, may affect employees' health and
safety.

Council Directive 92/57/EEC of 24 June 1992 on the
implementation of minimum safety and health require-
ments at temporary or mobile construction sites (eighth
individual Directive within the meaning of Article 16(1)
of Directive 89/391/EEC) (4), imposes on these categories
of persons the obligation to respect inter alia Article 4
and Annex I of Directive 89/655/EEC (5).

Any employer who intends to have temporary work
carried out at a height must select equipment affording
adequate protection against the risks of falls from a
height.

In general collective protection measures to prevent falls
offer better protection than personal protection meas-
ures. The selection and use of equipment appropriate to
each specific site for preventing and eliminating risks
should be accompanied by specific training and supple-
mentary investigations where appropriate.

Ladders, scaffolding and ropes are the equipment most
commonly 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 equip-
ment can most safely be used by workers must therefore
be specified; adequate specific training of the workers is
therefore required.

(12)

This Directive is
the most appropriate means of
achieving the desired objectives and does not go beyond
what is necessary for that purpose.

(13)

This Directive is a practical contribution towards
creating the social dimension of the internal market.

(4) OJ L 245, 26.8.1992, p. 6.
(5) OJ L 393, 30.12.1989, p. 1.

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(14) Member States should be given the opportunity to make
use of a transitional period to take account of the partic-
ular problems which SMEs have to face,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

2. When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompanied by
such reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

3. Member States shall notify the Commission of the provi-
sions of national law which they have already adopted or adopt
in the field covered by this Directive.

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

Article 3

Article 2

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

1. Member States shall adopt and publish the laws, regula-
tions and administrative provisions necessary to comply with
this Directive not later than 19 July 2004. They shall forthwith
inform the Commission thereof.

Member States shall have the right, as regards the implementa-
tion of section 4 of the Annex, to make use of a transitional
period of not more than two years from the date mentioned in
the first subparagraph, in order to take account of the various
situations which might arise from the practical implementation
of this Directive in particular by small and medium-sized enter-
prises.

This Directive is addressed to the Member States.

Article 4

Done at Luxembourg, 27 June 2001.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

A. BOURGEOIS

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‘4.

Provisions concerning the use of work equipment provided for temporary work at a height.

ANNEX

4.1.

General provisions

4.1.1. If, pursuant to Article 6 of Directive 89/391/EEC and Article 3 of this Directive, temporary work at a height
cannot be carried out safely and under appropriate ergonomic conditions from a suitable surface, the work
equipment most suitable to ensure and maintain safe working conditions must be selected. Collective protection
measures must be given priority over personal protection measures. The dimensions of the work equipment must
be appropriate to the nature of the work to be performed and to the foreseeable stresses and allow passage
without danger.

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

4.1.2. Ladders may be used as work stations for work at a height only under circumstances in which, given point 4.1.1,
the use of other, safer work equipment is not justified because of the low level of risk and either the short duration
of use or existing features on site that the employer cannot alter.

4.1.3. Rope access and positioning techniques may be used only under circumstances where the risk assessment indicates
that the work can be performed safely and where the use of other, safer work equipment is not justified.

Taking the risk assessment into account and depending in particular on the duration of the job and the ergonomic
constraints, provision must be made for a seat with appropriate accessories.

4.1.4. Depending on the type of work equipment selected on the basis of the foregoing, the appropriate measures for
minimising the risks to workers inherent in this type of equipment must be determined. If necessary, provision
must be made for the installation of safeguards to prevent falls. These must be of suitable configuration and
sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers.
Collective safeguards to prevent falls may be interrupted only at points of ladder or stairway access.

4.1.5. When the performance of a particular task requires a collective safeguard to prevent falls to be temporarily
removed, effective compensatory safety measures must be taken. The task may not be performed until such
measures have been taken. Once the particular task has been finished, either definitively or temporarily, the
collective safeguards to prevent falls must be reinstalled.

4.1.6. Temporary work at a height may be carried out only when the weather conditions do not jeopardise the safety

and health of workers.

4.2.

Specific provisions regarding the use of ladders.

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

4.2.2. The feet of portable ladders must be prevented from slipping during use by securing the stiles 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 must be long enough to protrude sufficiently beyond the access platform, unless other measures have
been taken to ensure a firm handhold. Interlocking ladders and extension ladders must be used so that the
different sections are prevented from moving relative to one another. Mobile ladders must be prevented from
moving before they are stepped on.

4.2.3. Ladders must be used in such a way 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 must not preclude the maintenance of a safe
handhold.

4.3.

Specific provisions regarding the use of scaffolding

4.3.1. When a note of the calculations for the scaffolding selected is not available or the note does not cover the
structural arrangements contemplated, strength and stability calculations must be carried out unless the scaffolding
is assembled in conformity with a generally recognised standard configuration.

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

4.3.3. The bearing components of scaffolding must be prevented from slipping, whether by attachment to the bearing
surface, provision of an anti-slip device or any other means of equivalent effectiveness, and the load-bearing
surface must have a sufficient capacity. It must be ensured that the scaffolding is stable. Wheeled scaffolding must
be prevented by appropriate devices from moving accidentally during work at a height.

4.3.4. The dimensions, form and layout of scaffolding decks must be appropriate to the nature of the work to be
performed and suitable for the loads to be carried and permit work and passage in safety. Scaffolding decks must
be assembled in such a way that their components cannot move in normal use. There must be no dangerous gap
between the deck components and the vertical collective safeguards to prevent falls.

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

4.3.6. Scaffolding may be assembled, dismantled or significantly altered only under the supervision of a competent
person and by workers who must have received appropriate and specific training in the operations envisaged,
addressing specific risks in accordance with Article 7, and more particularly in:

(a) understanding of the plan for the assembly, dismantling or alteration of the scaffolding concerned;

(b) safety during the assembly, dismantling or alteration of the scaffolding concerned;

(c) measures to prevent the risk of persons or objects falling;

(d) safety measures in the event of changing weather conditions which could adversely affect the safety of the

scaffolding concerned;

(e) permissible loads;

(f) any other risks which the abovementioned assembly, dismantling or alteration operations may entail.

The person supervising and the workers concerned must have available the assembly and dismantling plan referred
to in 4.3.2.,

including any instructions it may contain.

4.4.

Specific provisions regarding the use of rope access and positioning techniques

The use of rope access and positioning techniques must comply with the following conditions:

(a) the system must comprise at least two separately anchored ropes, one as a means of access, descent and

support (work rope) and the other as backup (security rope);

(b) workers must be provided with and use an appropriate harness and be connected by it to the security rope;

(c) the work rope must be equipped with safe means of ascent and descent and have a self-locking system to
prevent the user falling should he lose control of his movements. The security rope must be equipped with a
mobile fall prevention system which follows the movements of the worker;

(d) the tools and other accessories to be used by a worker must be secured to the worker's harness or seat or by

some other appropriate means;

(e) the work must be properly planned and supervised, so that a worker can be rescued immediately in an

emergency;

(f) in accordance with Article 7, the workers concerned must receive adequate training specific to the operations

envisaged,

in particular rescue procedures.

In exceptional circumstances where, in view of the assessment of risks, the use of a second rope would make the
work more dangerous, the use of a single rope may be permitted, provided that appropriate measures have been
taken to ensure safety in accordance with national

legislation and/or practice.’