CELEX: 51988PC0075
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL DIRECTIVE concerning the minimum safety and health requirements for the use by workers of machines, equipment and installations (second individual Directive within the meaning of Article 13 of Directive...) (1) (presented by the Commission)

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COM (88) 75
Vol. 1988/0018
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                     COM(88 ) 75 final
                                                                     Brussels , 7 March 1988
                                                 Proposai for a
                                               COUNCIL DIRECTIVE
   concerning the minimum safety and health requirements for the use by
                 workers of machines , equipment and installations
        ( second individual Directive within the meaning of Article 13
                                             of Directive  • • • ) (1 )
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  ( 1 ) COM (88 ) 73 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1 . Legal basis
The proposal is based on Article 118A of the EEC Treaty .
It is the subject of the Communication from the Commission on its programme
concerning safety , hygiene and health at work
The proposal is also connected with the completion of the internal market 2 )
                                       3)
in implémentation of the new approach .
2.    Aims of the proposai
The aims of the proposal are as follows :
      improvement of the health and safety of workers with regard to the use of
     work equipment ;
      the introduction of a social element in relation to several Directives
      aiming at the completion of the internal market for work equipment ;
The proposal aims to improve the safety and health of workers at the workplace
by establishing minimum requirements for the use of work equipment . The
                                                                       The
Directives concerning the completion of the internal market through the
elimination of technical barriers to trade are based on the new approach ,
which lays down essential safety requirements ( described in detail in
harmonized European standards ); these Directives concern the safe design ,
^ COM ( 87 ) 520 - Council Resolution 88/C28/01 of 21.12.1987 , OJ C 28 of
3.2 . 1988
^ Commission white paper on the completion of the internal market ( Ref . COM
85 ( 310 ) final )
^ Council Resolution of 7.5.1985 – OJ C 136 of 4.6.1985
                                                                                I.
 ---pagebreak--- manufacture or construction of products with a view to their initial placing
on the market and their free movement .     The introduction of this social
element ensures the safety and health of workers at the workplace with regard
to the use of all products , including products already in use or bought
second-hand . The proposal constitutes a social supplement to several " internal
market " directives on different types of machines and devices used as work
equipment .
In drawing up this proposal the Commission has taken account of the specific
nature of
nature  of SMUs
            SMUs .. To this end , the proposal provides that the application of
the provisions of the Directive may be modulated to take account of the size
of the undertaking and " socio-economic factors ". Member States should apply
the same principles when implementing the provisions of the Directive at
national level .
3 . The proposal in relation to existing national legislation
Laws and regulations concerning safety in the use of equipment at the
workplace exist in all Member States of the European Community . In most
instances , general provisions exist in the Labour Codes on framework
legislations regarding the requirements for designers and suppliers of
equipment to ensure that the goods they supply are provided with the necessary
safety devices and are safe and without risks to health when properly used .
     This is the case , for example , in :
          Part IV of the Danish Work Environment Act of 1977
          Article 120 of the 1869 Industrial Code ( Federal Republic of Germany )
          Title II , Chapter 1 of the Belgian General Regulations for the
          Protection of Labour
          Book 2 , Parts III and IV of the French Labour Code
          The United Kingdom Factories Act of 1961
          The Irish Safety in Industry Act of 1980
     Special technical specifications are , however , usually in the form of
     technical regulations , guidance notices or national standards .
                                                                                  I
 ---pagebreak---      Their very large number and specific nature prevents representati ve
     examples being given ; however , the overall coverage and the nature of
     these national specifications is sufficiently different to render some
     degree of harmonization at Community level necessary to ensure a minimal
     level of protection for all workers and to avoid competitive advantages .
4 . Characteristics of the proposai
As provided for in Article 118A of the EEC Treaty , the proposal contains
minimum requirements .
The proposed measures aim to protect workers in all undertakings .
The proposal adds a social element to the internal market directives which
concern , or will concern , work equipment . The broad scope of the proposal is
attributable to the structure of the annexes which leave room for subsequent
additions or amendments ; by making additions or amendments to one or more of
these annexes , it is possible to add a social element to any internal market
directive , without having to draft a complete new directive on social aspects
each time .  As they stand at present , the annexes relate mainly to the free
movement of machines in general .
Annex I is compulsory , Annex II serves as a guideline . Annex I lays down
minimum safety and health conditions for work equipment in use or bought
second-hand ( new products are covered by the more detailed requirements of the
internal market directives ). Annex II contains safety and health references
internai
as aa basis for selecting the right work equipment to suit the characteristics
as
and conditions of use in each undertaking .
All these provisions are a means of achieving the gradual implementation
provided for in Article 118A of the EEC Treaty . The proposal 's annexes can be
expanded to allow specific minimum requirements to be established for work
equipment .
 ---pagebreak--- 5 . Consultation of the parties concerned
Experts , government representatives and workers' and employers' organisations
were consulted by the Commission and were involved in the preparation of the
proposal .
The Advisory Committee on Safety , Hygiene and Health Protection at Work ( set
up by Council Decision No 74/ 325/EEC of 27.4.1974 - OJ L185 of 9.7.1974 ) was
consulted and gave an opinion which was taken into account in the drafting of
the proposal .
6 . Comments on the Articles of the proposal
     Article 1 outlines the scope of the Directive .
     Article 2 provides definitions .
     Article 3 indicates the Member States' obligations concerning work
     equipment ( machines , equipment and installations ).
     Article 4 establishes measures to be taken concerning :
           existing work equipment or equipment already in use at the workplace ;
           work equipment to be chosen in the future by means of reference to
           the annexes .
     Article 5 lays down the necessary instructions for the use of the work
     equipment .
     Article 6 provides for consultation of workers or their representati ves on
     work equipment .
     Article 7 sets out the procedure for the adaptation of the annexes .
     Articles 8 and 9 contain the final provisions and refer in particular to
     the need for the Member States to make periodic reports .
 ---pagebreak---                          Proposai for a Council Directive
                                      of
                                     concerning
         the minimum safety and health requirements for the use by workers
                     of machines , equipment and installations
 ( second individual Directive within the meaning of Article 13 of Directive ...
....)
                                                                                 5.
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COmUNITIES ,
Having regard to the Treaty establishing the European Economic Community , with
particular reference to Article 118A ,
Having regard to the Commission proposal 1 , drawn up after consultation with
                                                                           9
the Advisory Committee for Safety , Hygiene and Health Protection at Work ,
                                                                    3
Having regard to the opinion of the Economic and Social Committee ,
                                             4
In cooperation with the European Parliament ,
Whereas Article 118A of the EEC Treaty provides that the Council shall issue
directives containing minimum requirements designed to encourage improvements ,
especially in the working environment , as regards the health and safety of
workers ;
Whereas Article 118A also recommends that Directives shall avoid imposing
administrative , financial and legal constraints which would hold back the
creation and development of SMUs ;
Whereas the Communication from the Commission on its programme concerning
                                    5
safety , hygiene and health at work provides for the adoption of directives
designed to guarantee the safety and health of workers ;
Whereas the Council Resolution of 21 December 19876 concerning safety ,
hygiene and health at the workplace noted the Commission 's intention to
present to it in the near future minimum requirements concerning the safety
and health of workers at work ;
1 OJ .
2 Council Decisión 74/325/EEC of 27.6.1974
3 OJ .
4 OJ .
5   COM ( 87 ) 520 and Council Resolution 88/C 28/01 of 21.12.1987 , OJ C 28 of
    3.2 . 1988
6 88/C28/01 , OJ C 28 of 3.2.1988
                                                                                C
 ---pagebreak--- Whereas it is incumbent on Member States to ensure the safety and health of
persons , in particular workers , within their national territory ;
Whereas the completion of the internal market^ entails the drawing up of
directives based on Article 100A , in accordance with the new approach to
                                    8
harmonization and standardization , making compliance with essential safety
requirements for the design , manufacture or construction of products a
condition for their sale and free movement throughout the Community and in
view of the fact that these products include several types of work equipment ,
                         9
in particular machines ;
Whereas the Member States have very different systems of legislation on safety
and health at work ; whereas national provisions on the subject , which often
include technical specifications and / or self-regulatory standards , may result
in different levels of safety and health protection and distort competition ;
Whereas compliance with the minimum health and safety requirements for the use
of work equipment is essential to ensure the safety and health of workers and
to promote fair competition ;
Whereas there is a need to supplement the directives referred to in Article
 100A the scope of which is confined to the initial placing of products on the
Community market , with minimum requirements concerning safety and health
during the use of all work equipment ;
Whereas this Directive covers the social aspects of the various technical
 harmonization directives designed to complete the internal market for work
 equipment ;
 ^ White paper - COM 85 ( 310 ) final
 8
 9 Council Resolution 85/C 136/01 of 7.5.1985 – OJ C 136 of 4.6.85
 9 COM ( 87 ) 564 final of 14.12.1987
 ---pagebreak--- Whereas this Directive is designed to protect the safety and health of workers
by laying down essential minimum requirements , without impeding the retention
or institution by each Member State of specific measures for safer working
conditions ;
Whereas these requirements should not entail alterations to work equipment
covered by Community Directives which concern health and safety aspects of
work equipment design and construction ;
Whereas under Council Directive 83 / 189 / EEC of 28 March 1983 laying down a
procedure for the provision of information in the field of technical standards
and regulations ( 1 ) Member States are required to notify the Commission of any
draft technical regulations relating to machines , equipment and installations ;
Whereas the employers' obligations under the Directive concerning the
implementation of measures to encourage the improvement of the safety and
health of workers at work must be supplemented by special measures for work
equipment ;
Whereas it is important to ensure adequate consultation with both sides of
industry , and in particular with workers' organizations , on the technical work
relating to this Directive ;
Whereas it is important to encourage cooperation between management and labour
with regard to decision making and measures concerned with the protection of
safety and health at the workplace , at all levels ;
Whereas there is a need for a committee to assist the Commission in
implementing supplementary measures provided for by the Directive ;
HAS ADOPTED THIS DIRECTIVE :
                                     S U B J E C T
( 1 ) OJ No L 109 of 26.4.1983 , p. 8
                                                                                 г
 ---pagebreak---                                       Artide 1
1 . This Directive , which is an individual Directive within the meaning of
    Article 13
    Article  13 of
                 of Directive
                    Directive . ( 1 ), lays down minimum requirements for
    safety and health and for the use of work equipment , as defined in Article
    2 .
2.  This Directive does not impede the retention or institution by each Member
    State of more stringent protection measures for working conditions
    compatible with the Treaty .
                                DEFINITIONS
                                      Article 2
For the purposes of this Directive , the following terms have the meanings
hereby assigned to them :
    workplace :
    any place accessible to a worker in the undertaking and /or establishment ;
    work equ ipment :
    machines , equipment or installations which may constitute a safety or
    health hazard for workers ;
    undertaking and /or establishment :
    a public- or private-sector establishment engaged in industrial ,
    agricultural , commercial , administrative , service , educational or cultural
    activities ;
(D •••
 ---pagebreak---     worker :
    a person doing work of any sort , including students undergoing training
    and apprentices .
                                    WORK EQUIPMENT
                      ( machines , equipment and installations )
                                       Article 3
1.  The Member States shall take all useful measures to ensure that the
    employer fulfils the obligations set out in this Directive concerning the
    use of work equipment .
2.  The Member States shall carry out any necessary checks in accordance with
    paragraph 1 .
                                       Article 4
1 . Work equipment existing and used at the time of entry into force of this
    Directive must satisfy the minimum conditions laid down concerning them in
    Annex I , at the latest five years after the entry into force of this
    Directive , without prejudice to the application of the Community
    provisions concerning health and safety aspects of the design and
    construction of work equipment .
2.  Second-hand work equipment placed on the market after the entry into force
    of this Directive must satisfy the minimum requirements laid down
    concerning them in Annex I once the national provisions taken in
    compliance with this Directive enter into force , without prejudice to the
    application of the Community provisions concerning health and safety
    aspects of the design and construction of work equipment .
                                                                               16
 ---pagebreak--- 3 . In selecting the work equipment which he proposes
                                                   proposes  to use , the employer
     shall
      - pay particular attention
                            attention toto the
                                           the hazards
                                                hazards this
                                                        this equipment presents to
     the safety and health of the workers , taking into account the specific
     characteristics of the undertaking .
4 . The employer shall ensure that the equipment mentioned in Paragraph         3 is
     safe , taking into account the specific conditions of use in the
     undertaking :
     a ) when ordering such equipment
     b ) at the time of delivery and commissioning
     c ) during use
    dd ))  during maintenance , repair or conversion work which affects or may
           affect safety .
5.   Annex II contains non–comprehensive guidelines relating to the provisions
     contained in Paragraphs 3 and 4 .
                                        Article 5
1.  The workers shall have at their disposal written instructions concerning
    all the work equipment commissioned after the entry into force of the
     national provisions issued under this Directive .
2.   In the case of work equipment already installed at the workplace at the
     time of entry into force of the national provisions issued under this
    Directive , the employer shall , as far as possible , provide the workers
     concerned with written instructions .
3.  The written instructions must at least contain adequate safety and health
     information concerning :
           the normal conditions for using the work equipment ,
           handling , installation , assembly , adjustment and maintenance of the
           work equipment .
                                                                                     M'
 ---pagebreak--- These written instructions must be made available , whenever possible , in the
languages of the workers concerned .
                                     Article 6
1 . The workers or their representatives shall be consulted on the health and
    safety aspects :
         on the basis of Annex I in the case of existing work equipment ,
         on the basis of Annexes I and II in the case of second-hand equipment
         placed on the market ,
         on the basis of Annex II for the purchase of new work equipment .
2.  Whenever , in the opinion of the workers or their representatives , the
    measures taken by the employer to ensure the safety of existing , used or
    future work equipment are not sufficient , they may request a visit by the
    authority responsible for safety and health at work .
                              CHANGES TO THE ANNEXES
                                     Article 7
1 . The Commission shall make changes to the annexes of the present Directive
    as a result of :
         the adoption of Directives on technical harmonization and
         standardization of the design , manufacture or construction of work
         equipment ;
         technical progress , changes in international regulations or
         specifications and know-how in the field .
    In making the changes referred to in the first paragraph , the Commission
    shall be assisted by a committee and shall follow the procedure set out in
    Article 14 of Directive . ( 1 ).
                                                                               II
 ---pagebreak---                                     FINAL PROVISIONS
                                        Article 8
1 . The Member States shall bring into force the laws , regulations and
    administrative provisions necessary to comply with this Directive by 1
    January 1991 at the latest . They shall immediately notify the Commission .
2.  The Member States shall forward to the Commission the text of the national
    provisions which they are adopting in the field governed by this Directive .
3 . At two-yearly intervals , the Member States shall report to the Commission
    on the practical implementation of the provisions of this Directive
    concerning work equipment , indicating the opinions of the two sides of
    industry .  The Commission shall inform the Committee and tripartite
    Committee .
4.  Any technical regulations which the Member States intend to adopt in
    accordance with this Directive shall be forwarded to the Commission at the
    draft stage in accordance with the procedure laid down in Article 8 of
    Council Directive 83 / 189 / EEC of 28 March 1983 laying down a procedure for
    the provision of information in the field of technical standards and
    regulations .
                                        Article 9
 ---pagebreak--- This Directive is addressed to the Member States .
Done at Brussels ,
                                                   By the Council ,
                                                   President
                                                                    !<[
 ---pagebreak---                                                         ANNEX        I
                        Minimum requirements referred to in
                               Article 4 , paragraph 1
    The definition of " machinery " in the Directive concerning the design ,
    manufacture and placing on the market of machinery ( COM ( 87 ) 564 final of
    14.12.1987 ; OJ C 29 of 3.2.1988 ) is applicable to this Annex .
1 . MACHINES
    The controls shall be located outside danger zones and so positioned that
    the operator can monitor all the danger zones .
    From each workstation it shall be possible to shut down any moving parts
    of a machine which effstfect the safety of that workstation .
    Having regard to the risks associated with the machine and the normal
    shut-down time , the machine shall be fitted with an emergency shut-down
    device .
    An operator shall be able to start or restart the machine only by
    deliberately activating a control provided for this purpose , except where
    an automatic device is working normally .
    A machine which may constitute a danger , due to objects falling or being
    e j ected from it or to emissions from it shall be provided with guards or
    appropriate means of collection and evacuation .
    A machine which is not sufficiently intrinsically stable shall be properly
    anchored or secured in some other way .
    The moving parts of a machine shall be protected , if the work allows , by a
    guard to prevent contact with the workers .
    Areas and workplaces intended for the operation or servicing of machinery
     shall be adequately lit for the work which is to be carried out .
 ---pagebreak--- - Parts of a machine which have a high or very low temperature shall be
  protected by a guard to prevent contact with workers .
- A machine 's warning indicators shall be conspicuous and easy to understand .
- A machine shall not be used for operations or in conditions for which it was
  not designed and for which it is unsuitable .
- A machine shall be properly maintained to ensure its safe operation .
  Maintenance shall be carried out outside the danger zones or during machine
  shut-down , if this is technically possible . If any machine has a
  maintenance log it must be kept up-to-date.
- It shall be possible to insulate a machine from each of its power sources .
- A machine shall bear the markings necessary to ensure safe operation .
                                                                                16 *
 ---pagebreak---                                                             ANNEX       I I
                         Non-exhaust ive guidelines referred to
                                in Article A , paragraph 5
                                       ( check list )
                                         A. MACHINE
    The definition of "machinery " in the Directive concerning the design ,
    manufacture and placing on the market of machinery ( COM ( 87 ) 564 final of
    14.12.1987 ; OJ C 29 of 3.2.1988 ) is applicable to this Annex .
1.    General
1 . 1 Definition of
      - Danger zones and risk factors : in , on and around the machine
      - Exposed persons : operators and other persons
1.2 General assessment
      - Normal conditions of operation and use
      - Foreseeable or potential abnormal situations
      - Counter-indications for use
      - Guards
      - Other risks : personal protection
      - Safety certification
1.3 Materials and products
      - Risks associated with the materials used for building the machine and
        the products used by the machine : mechanical , thermal and chemical
        properties , welds and assemblies , erosion , abrasion and fatigue
      - Risks associated with the use of fluids : filling , recovery , evacuation
      - Risks associated with the products manufactured
                                                                                  0.
 ---pagebreak--- 1.4 Lighting
    - Lighting of the working area : shadow , dazzle , stroboscopic effect
    - Lighting of inspection , control and maintenance work
1.5 Handling
    - Risks associated with installation , removal , packing and storage
    - Problems caused by weight and shape
    - Lifting gear
      -  Fixed or mountable attachments to which lifting gear can be fixed
      -  Suitable lifting gear
2 . CONTROLS
2.1 Reliability
    - Failures
    - Switches with positive mode
    - Delibérate interference made impossible
2.2 Appearance , arrangement and operation
    - Visible , identifiable , appropriately marked
    - Coherence between the movement of the control and the effect required
    - Outside danger zones
    - Risks involved in operating the controls
    - Indication of the action required if several different actions are
      possible
    - Shape , position , movement and mechanical resistance of the control
         Compatible with the action required
         Compatible with ergonomic rules
    - Operator able to see warning signals and monitor danger zones from his
      workstation or , failing that , each start-up of the machine preceded by a
      warning signal
                                                                                 (*•
 ---pagebreak--- 2.3 Machine start-up
    – Starting a machine or restarting after a stoppage only possible by
       deliberate activation of a control ( or by safe automatic control )
    - Risks for operators ( vis -a-vis one another ) if there is more than one
       start-up control
2.4 Machine shut-down
    - Normal shut-down : priority over start-up command
    - Emergency shut-down
       .   if the normal shut-down time is excessive
       . short shut-down time , visible and accessible controls , movement
       . engagement – disengagement without restart-up
    - Complex installations : normal and emergency shut-down stopping the
       entire machine and all equipment upstream and /or downstream
2.5 Mode selector
    - If the machine has several control modes and several levels of
       operation , mode selector lockable in each position
    - Each position corresponding to a single control mode or operating level
    - Skilled operators
    - If the machine can be operated with its protection devices neutralized :
         . automatic control excluded
         . controls needing sustained action
         . restriction of the operation of the moving parts
2.6 Power supply , control circuit
     Risks associated with interruption , re–establ i shment , fluctuation and
     failure of power supply
                                                                               «V
 ---pagebreak--- 3 . MECHANICAL RISKS
3 . 1     Stability
          Intrinsic stability : through shape , weight distribution , centre of
          gravity ; to combat falling , overturning , shifting
          Anchorage in the absence of intrinsic stability
          Falling by the operator
3.2       Break-up during operation
          Parts of the machine and their linkages , tools , cables : resistance ,
          anchorage , fatigue , ageing , corrosion , abrasion
          Replacement of parts
          Protection against fragments
3.3       Falling or ejected objects
          Means of protection
          Objects in question : workpieces , materials used , tools
3.4       Moving parts
          Sound construction or
          guard to prevent contact
3.5       Guards for moving parts
    A. Movable components of the transmission system
       - fixed guards ( see 1.4.1 ), or
       - movable guards ( see 1.4.2 )
    B.    Moving element components which operate concurrently with the work
          itself
          - fixed guards ( preferably ) ( see 1.4.1 ), or
           - sensitive devices , bimanual controls , etc . ( see 1.4.3 )
                                                                                  го .
 ---pagebreak---      C. Moving parts which shall remain accessible
             fixed guards ( see 1.4.1 ) preventing access to parts not used for the
             work and
         - adjustable guards ( see 1.4.4 ) restricting access to parts necessary
             to carry out the work .
4 . GUARDS
4.1 Fixed guards
     - Robust
     - Fixed firmly in place
     - Unopenable without the use of a tool
4.2 Removable guards
       Robust
     – Remain attached to the machine when opened
     - In open position : . the moving parts cannot be set in motion
                             . the moving parts are stopped
4.3 Guards included in the control system ( sensitive devices , dual controls .
     etc . )
     – Impossibility of setting the moving parts in motion :
        . while the operator can reach them
        . if the guard is faulty or if there is no guard
     - Guards sufficiently far away from the moving parts to prevent the
       operator reaching them before they have stopped
     - Adjustment requiring the use of a tool
     – Guards themselves protected against the risk of ejection
 ---pagebreak--- 4.4 Adjustable guards restricting access
    - Robust
    - Installation ( manual or automatic )
    - Easy to adjust without the use of a tool
    - Risk of éjection
    - Risks from the guards themselves
    - Obstruction of view of work
    - Removal not necessary during normal machine use and maintenance
5.  OTHER RISKS
5.1 Surfaces , edges , corners
    No sharp , pointed or rough parts
5.2 Electricity supply
    Possibility of contacts ; state of cables , anchorages , connections , plugs ,
    sockets , insulation , fuses , earthing , switches , transformers
5.3 Static electricity
    Dispersai provided for
5.4 Hydraulic , pneumatic or thermal energy
    Suitable materials for conduits , circuits , and containers
5.5 Extreme temperatures
    - Parts and materials
    - Measures to :  . avoid contact
                     . avoid proximity
                                                                                   гг-
 ---pagebreak--- 5.6  Fire
     - Measures to avoid the risk of fire : machines , gases , liquids , dusts ,
        vapours and other substances used or produced
     - Fire-fighting equipment
5.7  Explosions
     - Suitability of the machine for use in a potentially explosive atmosphere
     - Explosive atmosphere created in and around the machine : dusts , gases ,
        vapours , waste materials produced by the machine
     - Suitability of electrical equipment contained in the machine for use in
        a potentially explosive atmosphere
5.8  Noise
     - Noise produced by the machine
     - Actual situation at the workplace
5.9  Vibrations
     Practical /admissible level
5.10 Radiation
     - Electromagnetic , ionizing and other
     - Admissible/ practicable level
5.11 Other emissions
     – Gases , liquids , dusts , vapours and other wastes
      – Collection or ventilation as close as possible to the source
      – Evacuation
                                                                                 23
 ---pagebreak--- 6 . MAINTENANCE
6.1 Maintenance
    - Adjustment , lubrication and maintenance points : outside the danger zones
    - Possible while the machine is stopped or without risk
    - For proper assembly and disassembly : information on the parts which
      could be a source of risk
    - Errors in connecting up power and fluid supply avoided through design
      or instructions
6.2 Access to intervention points
    - Platforms , stairs , ladders , catwalks : size , anti-slip surface
    - Falls of persons and objects : handholds , ramps , guard rails
6.3 Power supply cut-off
    - Insulation of the machine from each power supply
    - Permanent cut-off of power supply : locking
7.  INSTRUCTIONS
7.1 Warning indicators
    - Unambiguous and easy to see
    - Measures to ensure permanent effecti veness
    - Colours and warning signs
7.2 Hazard signs
    - Location of risks
    - Exposed persons
    - Necessary markings
    - Shapes , colours , signs , understanding
                                                                                2V .
 ---pagebreak--- 7.3 Mark i nq
    – Requirements : effectiveness , safety
    - Legible , indelible
7.4 Instructions for operation
    - Intelligible
    - Adéquate
 ---pagebreak---                     B. ERGONOMIC PRINCIPLES CONCERNING MACHINES
1.   Presentation of the information
- All information relevant to safety to be displayed to the operator
- Type of display to be compatible with the requirements of the user
- Interpretation of the information displayed to be unambiguous
- Instruments for maintenance and test purposes to be located outside the
   normal field of vision
- Critical instruments ( frequency of use - consequences of errors ) to lie
   within the optimal area of vision
- Essential displays to include a means of indicating when the system is out
   of order
- Machines and arrangement of multidisplays to correspond
2.   Control functions
- Type of control to be compatible with function
- Speed and accuracy of control movement to be geared to the capabilities of
   users
- Identification of control functions to be clear , to avoid confusion in their
   use
- Controls critical to safety to be guarded against inadvertent operation
- Rapid recovery from error to be possible
- Control separation to be geared to the abilities of users , taking into
   account the possible requirement for personal protective equipment
- Controls ( size , lay-out , mechanical resistance , inertia ) to be geared to the
   physical characteristics of users , and allowance made for the possible use
   of personal protective equipment
- Grouped controls to be mounted centrally below the optimal display area
                                                                               e <. *
 ---pagebreak--- 3.   Mental stress and fatigue
- Mental load , vigilance , sensory deprivation and isolation due to the machine
- Noise : , annoying noise
           . noise liable to mask communication and signals
- Vibration : vibration levels and impairment of visual or manual efficiency
4.   Phvsical fatigue
- Working space design and postural demands to be geared to the physical
   attributes of machine operators
- Work rates to be geared to the physiological attributes of users
                                                                            11-
 ---pagebreak---                                   FINANCIAL RECORD SHEET
1.    Budget item concerned
      B 6482.    Health protection , hygiene and safety at work .
      A 2510     Compulsory committees .
      A 2513      Advisory Committee on Safety , Hygiene and Health Protection at
      Work .
2.    Legal basis
      a)     Article 118A of the EEC Treaty .
      b)     Commission Communication on its programme concerning safety , hygiene
             and health at work ( COM ( 87 ) 520 - Council Resolution 88 /C28 /01 of
             21.12.1987 , OJ C 28 of 3.2.1988 ).
      c)     Commission White Paper on the completion of the internal market ( COM
             85 ( 310 ) final ).
      d)     Council Resolution of 7.5.1985 ( OJ C 136 of 4.6.1985 ) concerning the
             new approach .
3.    Proposed classification into compulsory / non-compulsory expenditure
      Non-compulsory .
4.    Description and justification of the action
4.1 .        Description
4.1.1 .      Objectives of the proposed Directive
                   The proposed Directive has the following aims :
             -to add a " social element " to various directives on technical
             harmonization designed to complete the internal market in work
             equipment
             -to improve the safety and health of workers in respect of work
             equipment
4.1.2 .      Characteristics of the proposed Directive ( with particular reference
             to those with financial implications ).
4 . 1.2.1 . The proposed Directive and , in particular , its annexes may be adapted
             and supplemented in order :                                           6^-
 ---pagebreak---                   - to add a " social element " to the directives of the " technical
                     harmonization - internal market " type which relate to the safety
                     and health of workers in that they cover work equipment , without
                     having to draw up a complete new directive on social aspects in
                     each case .
4 . 1.2 . 2 .     The proposal stipulates that the Member States shall forward to
                  the Commission their relevant national implementing legislation as
                  well as reports on implementation .
4 . 1.2.3 .       The proposal also makes provision for the creation of a committee
                  to assist the Commission in supplementary and management work in
                  this area .
4.2 . Justification
       The action is justified by the legal basis given in point 2 .        The
       financial implications will be associated with the additional activities
       to be undertaken in the future ( see point 4.1 .) and are set out in point
        5.
5 . Nature of the expenditure and method of calculation
5.1 . Nature of the additional activitities to be undertaken following the
       adoption of the Directive :
       a ) monitoring of the implementation of the Directive in the individual
              Member States
       b ) revision of the annexes and the addition of new annexes
       c ) consultations with experts
       d ) the running of an adaptation committee
        e ) consultation of the Advisory Committee on Safety , Hygiene and Health
              Protection at Work
5.2 . Types of activity resulting from 5.1 . with financial implications .
       These are :
              study and/or service contracts for
                   . the comparison and appraisal of the information received by the
                     Commission
                   . the study of the problems associated with the implementation of
                     the Directive
                   . the study of the problems associated with the annexes and the
                     preparation of new annexes to be added to the Directive ;
              costs of consultation meetings with experts
              costs of running the adaptation committee
              costs of consultations with the Advisory Committee on Safety , Hygiene
              and Health Protection at Work .
5.3 . Calculation of expenditure
     – As only the nature and type of the additional activities are known with
        no indication of their scale or number , it is impossible to make a
        precise estimate of the expenditure .
     – Costs are calculated on the basis of the " man/month " unit ; at present ,
        one unit is equivalent to 5 000 ECU .
        The expenditure will be spread over several years and will be
        progressive . The figures given in 6.1 . are approximate estimates .
6 . Financial impact of the action on intervention appropriations
                                                                                    es .
 ---pagebreak--- 6.1 .   Schedule of commitment appropriations and payment appropriations :
Item B 6482 :
                                               CA ( ECU )      PA ( ECU )
1988                                            100  000        100   000
1989                                            400  000        400   000
1990                                            500  000        500   000
1991                                            600  000        600   000
1992                                            700  000        700   000
             Total                            2 300 000       2 300 000
Item A 2510 :
1988
1989                                              20  000          20  000
1990                                              35  000          35  000
1991                                              40  000          40  000
1992                                              40  000          40  000
             Total                               135 000          135 000
Item A 2531 :
1988
1989                                              10  000          10  000
1990                                              10  000          10  000
1991                                              10  000          10  000
1992                                              10  000          10  000
             Total                                40 000           40 000
6.2 . Percentage of Community funding in the total cost of the action
       As regards the work provided for in the proposed Directive , the
       Commission will provide 100% funding .
7.  Remarks
    IMone .
                                                                           20 *
 ---pagebreak--- 8 . Financial impact on staff appropriations
8.1 . Personnel needed solely for the action itself
      As from 1989 , one full-time A official , one full-time B official and one
      full-time C official will be needed .
      These resources are to found either by redeployment of personnel within
      DG V or through the budgetary procedure .
8.2 . Appropriations needed for staff
      The estimated appropriations needed as from 1989 are 240 000 ECU per year .
                                                                              51 .
 ---pagebreak---                                         Impact on
                             competitiveness and employment
Proposal for a Council Directive concerning the minimum safety and health
requirements for the use by workers of machines , equipment and installations
( second individual Directive within the meaning of Directive . )
1 .  The main aim of the proposal for a Council Directive is to protect the
     safety and health of workers through the safe use of work equipment .
2.   The proposed Council Directive applies to all undertakings within the
     Community .   All SME 's are therefore included .             i
3 .  The national provisions introduced in implementation of this Directive
     will impose a number of obligations on undertakings .
     As regards machines , machines marketed for the first time in the Community
     will have to comply with the safety provisions of the Council Directive
     concerning the approximation of the laws of the Member States relating to
     machines . The present Directive provides for an additional period for
     existing machines .
     The main aim of all these obligations is to improve safety in
     undertakings , which should mean a substantial reduction in the cost to
     society .
     The non-compulsory annexes provide guidelines for employers and workers
     and / or their representatives for the improvement , as far as possible , of
     the safety of work equipment .
 ---pagebreak---                                        - 2 -
4.  The proposal provides that the Member States shall take appropriate
    measures , indicated in broad outline , to ensure that work equipment is
    used in such a way as to ensure the protection of the health and safety of
    workers . Undertakings will have to examine their work equipment
    accordingly and take the necessary measures to make them safer . This
    should lead to a reduction in occupational accidents and illnesses .
5.  Although the proposal does not impose any particular constraints on SMUs
    compared with larger undertakings , SMUs could find themselves at a
    disadvantage if the Member States apply the various elements of the
    proposal to the letter .
    This is why certain requirements may be modulated to take account of the
    size and activity of the undertaking and the safety and health risks
    involved for the workers .
    The concept "where reasonably practicable " takes account of socio-economic
    factors .
    As far as possible , special efforts will have to be made to help SMEs by
    providing them with instruction notices , for their workers , on work
    equipment .
6.  Improvement of safety and health at workplaces should help to make
    undertakings more efficient by making them more competitive without
    adversely affecting employment .
    The measures taken within the framework of this Directive will benefit
     employers because they will lead to a reduction in the number of working
     days lost .
7 . The proposal was the subject of detailed consultation with the Advisory
     Comittee for Safety , Hygiene and Health Protection at Work ( set up by
     Council Decision No 74/325/EEC of 27.4.1974 - OJ L185 of 9.7.1974 ), which
                                                                             This
     gave an  opinion taken into account in the drafting of the proposal .
     Committee has a tripartite membership and the different interests of
     employers are represented .
                                                                                 32-
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                                f
In view of the importance which the Commission attaches to introducing a
social element into the completion of the internal market , this proposal
                    I                         ,
for a Directive was drawn up 3S a matter of urgency by the Commission
after it had forwarded , on 23 October 1987 , its working plan in the field
of safety , hygiene and health at the workplace . To lessen the financial
impact of the Directive , Article 3 provides for an additional period of
five years after the entry into force of the Directive , scheduled for 1
January 1990 , for bringing existing work equipment into conformity with
the Directive .       > >I
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