CELEX: 51989PC0085
Language: en
Date: 1989-03-17
Title: Amended 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 falling within the terms of Article 16 of Directive...) (presented by the Commission under Article 149-3 of the Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 85
Vol. 1989/0027
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM (89) 85     final SYN 125
                                                    Brussels , 17 March 1989
                                Amended Proposal
                                                                  a>. V  ,
                            for a Council Directive
                                                                   > -G
           concerning the minimum safety and health requirements
               for the use by workers of machines , equipment
                               and installations
   ( second individual Directive falling within the terms of Article 16
                               of Directive . . . )
                     ( presented by the Commission under
                         Article 149-3 of the Treaty )
 ---pagebreak---  Proposal for a Council Directive concerning the minimum safety and health
 requ ireinents for the use by workers of machines , equipment and installations
 Cominission proposal                      Amended Commission proposal following
 COM ( 88 ) 75 final                       the opinion of the European Parliament
 OJ C 114 of 30.4.1988                     of 16 November 1988
 THE COUNCIL OF THE EUROPEAN
 COMMUNITIES ,
 Having regard to the Treaty
 establishing the European Economic
Community , and in particular Article
 118A thereof .
Having regard to the Commission
 proposal drawn up after consultation
with the Advisory Committee for
Safety , Hygiene and Health Protection
at Work ( 2 ),
Having regard to the opinion of the
Economic and Social Committee ,
In cooperation with the European
Parliament ,
Whereas Article 118A of the EEC           Whereas Article 118A of the Treaty
Treaty provides that the Council          provides that the Council shall issue
shall issue directives containing         directives containing minimum
minimum requirements designed to          requirements designed to encourage
encourage improvements , especially in     improvements , especially in the working
the working environment , as regards      environment , to guarantee a better
the health and safety of workers ;        degree of protection for the health and
                                          safety of workers ;
Whereas Article 118A also recommends      Omitted .
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        Whereas the communication from the
Commission on its programme               Commission on its programme concerning
concerning safety , hygiene and health safety , hygiene and health at work
at work provides for the adoption of      provides for the adoption of a
directives designed to guarantee the      directive on the use of work equipment
safety and health of workers ;            at work ;
Whereas the Council resolution of 21      Whereas , in its resolution of 21
December 1987 ( 3 ) concerning safety ,   December 1987 concerning safety ,
hygiene and health at the workplace       hygiene and health at the workplace ,
noted the Commission 's intention to      the Council noted the Commission 's
present to it in the near future          intention to present to it in the near
minimum requirements concerning the       future minimum requirements relating to
safety and health of workers at           the organization of health and safety
work(4 ) ;                                at the workplace ;
Whereas it is incumbent on Member         Omitted
States to ensure the safety and
health of persons , in particular
workers , within their national
territory ;
                                                                      Page 1
 ---pagebreak---  Commission proposai                     Amended Commi ssion proposai followiruj
 COM ( 88 ) 75 final                     the opinion of the European Parliament
 OJ C 114 of 30.4.1988__                 of 16 November 1980_
 Whereas the completion of the           Unchanged
 internal market ( 5 ) entails the
 drawing up of directives based on
 Article 100A , in accordance with the
 new approach to harmonization and
 standardization ( 6 ), 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 , in
particular machines ( 7 );
Whereas the Member States have very     Omitted
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     Whereas compliance with the minimum
health and safety requirements for      requirements guaranteeing better safety
the use of work equipment is            and health during the use of work
essential to ensure the safety and      equipment is essential to ensure the
health of workers and to promote fair safety and health of workers and
competition ;                           whereas these requirements are also
                                        essential to promote fair competition ;
Whereas there is a need to supplement   Unchanged
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       Unchanged
social aspects of the various
technical harmonization directives
designed to complete the internal
market for work equipment ;
                                        Whereas this Directive is an individual
                                        Directive within the meaning of Article
                                        16 of the Directive on the introduction
                                        of measures to encourage improvements
                                        in the safety and health of workers at
                                        the workplace , and whereas the
                                        provisions of the latter Directive are
                                        therefore wholly applicable to the use
                                        by workers of work equipment at the
                                        workplace , without prejudice to more
                                        stringent and/or specific provisions
                                        contained in this Directive ;
                                                                        Page 2
 ---pagebreak--- Commission proposai                    Amended Commission proposal following
COM ( 88 ) 75 final                     the opinion of the European Parliament
OJ C 114 of 30.4.1983                  of 1C November 1930
Whereas this Directive is designed to  Omitted .
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 conditons ;
Whereas these requirements should not  Whereas the requirements contained in
entail alterations to work equipment   this Directive should not entail
covered by Community Directives which  alterations to work equipment covered
concern health and safety aspects of   by Community Directives which concern
work equipment design and              health and safety aspects of work
construction ;                         equipment design and construction ;
Whereas under Council Directive        Whereas under Council Directive
83 / 189/ EEC of 28 March 1983 laying  83 / 189 /EEC ( 1 ) laying down a procedure
down a procedure for the provision of  for the provision of information in the
information in the field of technical  field of technical standards and
standards and regulations Member       regulations Member States are required
States are required to notify the      to notify the Commission of any draft
Commission of any draft technical      technical regulations relating to
regulations relating to machines ,     machines , equipment and installations ;
equipment and installations ;
Whereas the employers' obligations     Omitted
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      Omitted
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   Omitted
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 ;
                                       ( 1 ) OJ No L 109 of 26.4.83
 ---pagebreak---   Commission proposal                    Amended Commission proposal following
  COM ( 88 ) 75 final                     the opinion of the European Parliament
 OJ C 114 of 30.4.1980                   of 16 November 1980
 Whereas there is a need for a           Omitted
 committee to assist the Commission in
  implementing supplementary measures
 provided for by the Directive ,
                                         Whereas under Decision 74 / 325/EEC ( 1 ),
                                         the Advisory Committee for Safety ,
                                         Hygiene and Health Protection at Work
                                         is being consulted by the Commission
                                         for the purpose of drafting proposals
                                         in this field .
HAS ADOPTED THIS DIRECTIVE :
                    Subject
                   Article 1
1 . This Directive , which is an         1 . This Directive , which is an
individual Directive within the          individual Directive within the meaning
meaning of Article 13 of Directive       of Article 16 of the Directive
 . . . , lays down minimum requirements  concerning the implementation of
for safety and health and for the use   measures to encourage the improvement
of work equipment , as defined in       of the safety and health of workers at
Article 2 .                             work , lays down minimum requirements
                                         for safety and health during the use of
                                        work equipment , as defined in Article 2 .
2 . This Directive does not impede the  Omitted
retention or institution by each
Member State of more stringent
protection measures for working
conditions compatible with the Treaty .
                                        2 . This Directive applies to work
                                        equipment used at the workplace . It
                                        constitutes a supplement to the Council
                                        Directives on the approximation of the
                                        laws of the Member States on work
                                        equipment .
                                        3 . The provisions of the Directive
                                        referred to in paragraph 1 are wholly
                                        applicable to the use by workers of
                                        work equipment at the workplace ,
                                        without prejudice to more stringent
                                        and/or specific provisions contained in
                                        this Directive .
                                        ( 1 ) OJ No L 185 of 9.7.74
                                                                       Page 4
 ---pagebreak---  Commission proposal                      Amended Commission proposal following·
 COM ( 08 ) 75 final                      the opinion of the European Parliament
 OJ C 114 of 30.4.1908                    of 16 November 1900
                  Definitions
                   Article 2
 For the purposes of this Directive ,     Unchanged
 the following terms have the meanings
 hereby assigned to them :
 - 'work place' : any place accessible   Omitted
    to a worker in the undertaking
    and / or establishment ;
 - 'work equipment' : machines ,         Unchanged
    equipment or installations which
    may constitute a safety or health
    hazard for workers ;
                                                                                 ir
- 'undertaking and /or establishment' :  Omitted
    a public- or private-sector
    establishment engaged in
    industrial , agricultural ,
    commercial , administrative ,
    service , educational or cultural
   activities ;
- 'worker' : a person doing work of      Omitted
   any sort , including students
   undergoing training and apprentices .
                   Article 3
1 . The Member States shall take all     Omitted
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    The Member States shall provide
any necessary checks in accordance       adequate checks and supervision to
with paragraph 1 .                       ensure the implementation of this
                                         Directive .
                  Article 4              Unchanged
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 .
                                                                         Page 5
 ---pagebreak---   Commissior. proposai                   Amended Commi ssion proposai following
  COM ( 08 ) 75 final                    the opinion of the European Parliament
 OJ C 114 of 30.4.1980_ of 16 November 1980_
  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 .
 3 . In selecting the work equipment
 which he proposes to use , the
 employer shall pay particular
 attention to the hazards 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 ;
( d ) 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     1 . The workers shall have at their
disposal written instructions           disposal written instructions
concerning all the work equipment       concerning all the equipment installed
commissioned after the entry into       at their workplace at the time of and
force of the national provisions        after the entry into force of the
issued under this Directive .           national provisions issued under this
                                        Directive . Where the equipment in
                                        question is already in use at the
                                        relevant time , the employer must
                                        provide workers with written
                                        instructions based on experience with
                                        the equipment and on the basic
                                        information supplied by the
                                        manufacturer .
                                                                        Page 6
 ---pagebreak---  Conmiission proposai                     Amended Commission proposal following
 COM ( 08 ) 75 final                      the opinion of the European Parliament
 OJ C 114 of 30.4.1903                    of 16 November 1903
 2 . In the case of work equipment       Omitted
 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    Beginning unchanged , becomes paragraph 2
 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 .
                                         – possible abnormal situations .
These written instructions must be       These written instructions must be
made available , whenever possible , in  comprehensible for all workers .
the languages of the workers
concerned .
                 Article 6
1 . The workers or their                 1 . With regard to the use of work
representatives shall be consulted on    equipment , in accordance with Article
the health and safety aspects :          11 of the Directive referred to in
                                         Article 1 ( 1 ) of this Directive , the
                                         workers or their representatives shall
                                         be consulted on the health and safety
                                         aspects :
- on the basis of Annex I in the case    remainder of ( 1 ) unchanged .
    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     unchanged
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 .
                                         3 . The authority responsible for safety
                                         and health at work shall take the
                                         measures necessary to encourage the
                                         implementation and application of
                                         paragraph 1 in the undertaking .
                                                                          Page 7
 ---pagebreak---  Commission proposai                      Amended Commission proposai following
 COM ( 08 ) 75 final                      the opinion of the European Parliament
 OJ C 114 of 30.4.1980_ of 16 November 1983_
             Changes to the Annexes
                    Article 7
  1 . The Commission shall make changes  With regard to the changes to be made
 to the annexes of the present            to Annexes I and II as a result of :
 Directive as a result of :
 - the adoption of Directives on         - the adoption of Directives on
     technical harmonization and             technical harmonization and
     standardization of the design ,         standardization of work equipment .
     manufacture or construction of work
     equipment ;
 - technical progress , changes in       - technical progress , changes in
     international regulations or             international regulations or
     specifications and know-how in the       specifications and know-how in the
     field .                                 field of work equipment .
 2 . In making the changes referred to   The Commission shall be assisted by the
 in the first paragraph , the            Committee and shall follow the
Commission shall be assisted by a         procedure set out in Article 17 of the
committee and shall follow the           Directive referred to in Article 1 ( 1 )
 procedure set out in Article 14 of      of this Directive .
Directive . . .
                Final provisions
                   Article 8
 1 . The Member States shall bring into   1 . The Member States shall bring into
force the laws , regulations and         force the laws , regulations and
administrative provisions necessary      administrative provisions necessary to
to comply with this Directive by 1       comply with this Directive by the
January 1991 at the latest . They        scheduled date for the entry into force
shall immediately notify the             of the Directive on the approximation
Commission .                             of the laws of the Member States on
                                         machines . They shall immediately notify
                                         the Commission .
2 . The Member States shall forward to   2 . The Member States shall forward to
the Commission the text of the           the Commission the text of the national
national provisions which they are       provisions which they have adopted or
adopting in the field governed by        are adopting in the field governed by
this Directive .                         this Directive .
3 . At two-yearly intervals , the        3 . At five-yearly intervals , the Member
Member States shall report to the        States shall report to the Commission
Commission on the practical              on the practical implementation of the
implementation of the provisions of      provisions of this Directive ,
this Directive concerning work           indicating the opinions of the two
equipment , indicating the opinions of   sides of industry . The Commission shall
the two sides of industry . The          inform the Council , the European
Commission shall inform the Committee    Parliament , the Economic and Social
and tripartite Committee .               Committee , the Advisory Committee for
                                         Safety , Hygiene and Health Protection
                                         at Work and the Committee provided for
                                         in Article 17 of the Directive referred
                                         to in Article 1(1 ) of this Directive .
                                                                           Page 8
 ---pagebreak---  Commission proposal                    Amended Commission proposal following
COM ( 08 ) 75 final                     the opinion of the European Parliament
OJ C 114 of 30.4.1900                   of 16 November 1988_
 4 . Any technical regulations which    4 . The Commission shall report
the Member States intend to adopt in    periodically to the Council , the
accordance with this Directive shall    European Parliament and the Economic
be forwarded to the Commission at the   and Social Committee on the
draft stage in accordance with the      implementation of the Directive , taking
procedure laid down in Article 8 of     account of paragraphs 1-3 .
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
This Directive is addressed to the
Member States .
Done at Brussels
For the Council
The President
                  ANNEX I               title unchanged
Minimum requirements referred to in
Article 4 , paragraph 1
The definition of 'machinery 1 in the   omitted
Directive concerning the design ,
manufacture and placing on the market
of machinery ( COM ( 87 ) 564 final of
14 December 1987 ; OJ No C 29 of
3.2.1988 ) is applicable to this Annex
1 . MACHINES                            1 . MACHINES
                                        Section 1 of this Annex applies to the
                                        machines defined in the Directive on
                                        the approximation of the laws of the
                                        Member States on machines (...)
– The controls shall be located         Beginning unchanged
    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 affect the
    safety of that workstation .
                                                                        Page 9
 ---pagebreak---  Commi ssiori proposai                   Amended Commission proposal following
 COn ( 88 ) 75 final                     the opinion of the Huropean Parliament
 OJ C 114 of 30.4.1988                   of 16 November 1908
 - 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 .
                                        – Automatic systems and equipment must
                                           also have a manual start-up device
                                           for use in the event of emergency
                                           shut-downs .
 - A machine which may constitute a      Unchanged
   danger , due to objects falling or
    being ejected 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   Unchanged
   intrinsically stable shall be
   properly anchored or secured in
   some other way .
- The moving parts of a machine shall   Unchanged
   be protected , if the work allows ,
   by a guard to prevent contact with
   the workers .
                                        – Guards to protect workers from moving
                                           parts must be designed in such a way
                                           that , if they are opened or removed ,
                                           the moving parts shut down . During
                                           normal operation it must be
                                           impossible to activate the moving
                                           parts if the guard is not in place .
– Areas and work places intended for    Unchanged
   the operation or servicing of
   machinery shall be adequately lit
   for the work which is to be carried
   out .
– Parts of a machine which have a       Unchanged
   high or very low temperature shall
   be protected by a guard to prevent
   contact with workers .
– A machine 's warning indicators       Unchanged
   shall be conspicuous and easy to
   understand .
                                                                         Page 10
 ---pagebreak--- Commi 3 3 iori proposai                Amended Conimi s 3 ion proposai folLowing
COM ( 00 ) 75 final                    the opinion of the European Parliament
OJ C 114 of 30.4.1900_ of- 16 November 1900_                                   _
- A machine shall not be used for      Unchanged
  operations or in conditions for
  which it was not designed and for
  which it is unsuitable .
- A machine shall be properly          - A machine shall be properly
  maintained to ensure its safe           maintained to ensure its safe
  operation . Maintenance shall be        operation . Maintenance shall be
  carried out outside the danger          carried out outside the danger zones
  zones or during machine shut-down ,     or during machine shut-down , if this
  if this is technically possible . If    is technically possible . If any
  any machine has a maintenance log       machine has a maintenance log it must
  it must be kept up- to- date.           be kept up-to-date. The management
                                          must provide written instructions for
                                          a safe maintenance system for all
                                          machines . The instructions shall be
                                          made available to workers and their
                                          representatives .
– It shall be possible to insulate a   Unchanged
  machine from each of its power
  sources .
– A machine shall bear the markings    Unchanged
  necessary to ensure safe operation .
                                       - Warning notices must be placed where
                                          they are clearly visible to mark all
                                          zones or elements which constitute a
                                          hazard in view of the equipment
                                          concerned , its components and access
                                          to it .
                                       2.   WOOD WORKING MACHINES AND SIMILAR
                                            EQUIPMENT
                                       Section 2 of this Annex applies to the
                                       wood working machines and similar
                                       equipment defined in the Directive on
                                       the approximation of the laws of the
                                       Member States on machines (...).
                                       The following specific minimum
                                       requirements are supplementary to
                                       section 1 of this Annex .
                                       - Any table on which workpieces are
                                          held manually must be stable and must
                                          not restrict the movements of the
                                          item concerned ;
                                                                           Page 11
 ---pagebreak--- Commi ssion proposai                      Amended Commissiori proposai following
COM ( 80 ) 75 final                       the opinion of the European Parliament
OJ C 114 of 30.4 . 1983_ of 16 November 1988_
                                          - where the tool is part of a machine
                                             which is not wholly automated , the
                                             machine must be designed and
                                             constructed in such a way as to
                                             eliminate and reduce the seriousness
                                             of accidents to workers , for example
                                             by using circular tool holders ,
                                             limiting the depth of cut etc .
                                          3 . MOVING MACHINES
ANNEX II
Non-exhaustive guidelines referred to Title unchanged
in Article 4(5 ) ( Check-list ).
The definition of " machinery " in the    Omitted
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 .
A . MACHINES
                                          Section A of this Annex applies to the
                                          machines defined in the Directive on
                                          the approximation of the laws of the
                                          Member States on machines (...)
1 . General                               Unchanged
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
                                                                           Page 12
 ---pagebreak---  Commi s sion proposai                      fìmended Commission proposai following
 COM ( C8 ) 75 final                        the opinion of the European Parliament
 OJ C 114 of 30.4.1980_ of 16 November 1908_
 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
 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                               Beginning unchanged
2 . 1 Reliability
      - Failures
      - Switches with positive mode
                                              - Effects of errors in maneouvring
                                                logic
      – Deliberate interference made       Omitted
         impossible
2 . 2 Appearance , arrangement and         Unchanged
      operation
      - Visible , indentif iable ,
         appropriately marked
      - Coherence between the movement
         of the control and the effect
         required
      - Outside danger zones
      - Risks involved in operating the
         controls
                                                                           Page 13
 ---pagebreak--- Commissi o n p ro posai                 Amended Commission proposal following
COM ( 08 ) 75 final                     the opinion of the European Parliament
OJ C 1.14 of 30.4.1900                  of 16 November 1900
    - 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
2.3 Machine start-up
                                        Unchanged
    - 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
                                        Unchanged
    - 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                       Beginning unchanged
    – If the machine has several
       control modes and several
       levels of operation , mode
       selector lockable in each
       position
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 COM ( 08 ) 75 final                         the opinion of the European Parliament
 OJ C 114 of 30.4.1988_ of 16 November 1988
       - Each position corresponding to
          a single control mode or
          operating level
       - Ski lied 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
                                                * internai sensors and dangerous
                                                    movements controlled
2 . 6 Power supply , control circuit        2 . 6 Power supply
      Risks associated with                         Unchanged
       interruption , re-establishment ,
      fluctuation and failure of power
       supply
                                            2.7 Control circuit
                                                    Risks associated with a
                                                   malfunction , deterioration or fault
                                                   affecting the logic circuits
                                            2 . 8 Software
                                                   User-friendly design
3 . MECHANICAL RISKS                        Unchanged
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                   - type and frequency of inspection
                                                 ■ and maintenance , replacement of
                                                   parts
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COM ( 80 ) 75 final                       the opinion of the European Parliament
OJ C 114 of 30.4.1988                    of 16 November 1988
     – Protection against fragments      Unchanged
3.3 Falling or ejected objects           Unchanged
     – Means of protection
     - Objects in question :
       workpieces , materials used ,
       tools
                                         3.3a Combined machines with manual
                                                start-up for the workpiece
                                                concerned after each operation :
                                                - separate shut-down for each
                                                tool , or
                                               - guards
                                         3.3b Variation in speed of rotation of
                                                tools
                                               Dependable , easy selection and
                                                regulation
3.4 Moving parts                         Unchanged
    – Sound construction , or
    – guard to prevent contact
3.5 Guards for mowing parts              3.5 Guards for moving parts
    A. Movable components of the              A. Movable components of the
        transmission system                       transmission system
        - fixed guards ( see 1.4.1 ), or          - fixed guards ( see 4.1 and
                                                    4.2.1 ), or
        – movable guards ( see 1.4.2 )            – movable guards ( see 4.1 and
                                                    4.2.2A )
    B. Moving element components              B. Moving element components which
        which operate concurrently                operate concurrently with the
        with the work itself                      work itself
       – fixed guards ( preferably )              – fixed guards ( preferably ) ( see
           ( see 1.4.1 ), or                        4 . 1 and 4 . 2 . 1 ) , or
       - sensitive devices , dual                 – movable guards ( see 4.1 and
          controls , etc. ( see 1.4.3 )             4.2.2B ), or
                                                  – protective devices ( non–)
                                                    material guards , dual controls
                                                    etc. ) ( see 4.1 and 4.3 )
    C. Moving parts which shall              C. Moving parts which must remain
       remain accessible                          accessible
       – fixed guards ( see 1.4.1 )               - fixed guards ( see 4.1 and
          preventing access to parts                4.2.1 ) preventing access to
          not used for the work and                 parts not used for the work and
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 COM ( 88 ) 75 final                        the opinion of the European Parliament
 OJ C 114 of 30.4.1980_ of 16 November 1988 _
           – adjustable guards ( see                 - adjustable guards ( see 4.1 and
             1.4.4 ) restricting access to              4.2.3 ) restricting access to
             parts necessary to carry out               parts necessary to carry out
             the work .                                 the work .
 4 . GUARDS                                 4 . GUARDS AMD PROTECTIVE DEVICES
                                            4.1 General
                                                 - robust
                                                 - must not present additional risks
                                                 - easy to retract or override
                                                 - far enough away from the danger
                                                    zone
                                                 - effect on view of work
                                                 - easy access for tool maintenance
                                                   and change , preferably without
                                                   dismantling
4.1 Fixed guards                           4.2 Guards
     – Robust                              4.2.1 Fixed guards
      - Fixed firmly in place                      -   Fixed firmly in place
     – Unopenable without the use of a             -   Unopenable without the use of
         tool                                          a tool
4.2 Removable guards                       4.2.2 Removable guards
     – Robust                                      Type A
     - Remain attached to the machine              -   Remain attached to the machine
        when opened                                    when opened
     – In open position :                         –    In open position :
        * the moving parts cannot be                   * the moving parts are
            set in motion                                prevented from being set in
                                                         motion
        *   the moving parts are stopped               # the moving parts are stopped
                                                     t
4.3 Guards included in the control                Type D ( included in the control
     system ( sensitive devices , dual             system )
     controls , etc .)
     - Impossibility of setting the        Remainder unchanged
        moving parts in motion :
        * while the operator can reach
            them
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COM ( 08 ) /5 final                      the opinion of the European Parliament
OJ C 114 of 30.4.1980_ of 16 November 1980_
       *   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
4.4 Adjustable guards restricting        Becomes 4.2.3
     access                                Adjustable guards restricting access
     - Robust
     - Installation ( manual or            – Installation ( manual or automatic )
       automatic )
     - Easy to adjust without the use      - Easy to adjust without the use of a
       of a tool                             tool
     - Risk of éjection                    - Risk of éjection
     - Risks from the guards themselves
     - Obstruction of view of work
     - Removal not necessary during
       normal machine use and
       maintenance
                                         4.3 Protective devices
                                             - Impossibility of setting the
                                               moving parts in motion
                                               * while the operator can reach
                                                   them
                                               *   if any element is missing or
                                                   breaks down
                                             - Impossibility for the operator to
                                               reach the moving parts when they
                                               are in motion
                                             – Adjustment requiring the use of a
                                               tool
5 . OTHER RISKS                          Unchanged
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
     Dispersal provided for
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 COM ( 08 ) 75 final                          the opinion of the European Parliament
 OJ C 114 of 30.4.1900                       of 16 November 1900 _
                                             5.3a Assembly / reassembly
                                                   - instructions on parts to be
                                                     assembled if confusion is
                                                     possible
                                                   – avoid errors in connecting up
                                                     (design or instructions )
                                                   - direction of motion
 5.4 Hydraulic , pneumatic or thermal        Unchanged
      energy
      Suitable materials for conduits ,
      circuits and containers
5.5 Extreme temperatures                     Unchanged
     - Parts and materials
     - Measures to :
        * avoid contact
        * avoid proximity
5.6 Fire                                    Unchanged
     - Measures to avoid the risk of
        fire : machines , gases , liquids ,
        dusts , vapours and other
        substances used or produced
     - Fire-fighting equipment
5.7 Explosions                              Beginning unchanged
     - 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                – Suitability of electrical equipment
        equipment contained in the               contained in the machine for use in
       machine for use in a                      a potentially explosive atmosphere ;
        potentially explosive atmosphere         minimize the effect of any
                                                 explosions .
5.8 IMoise                                  Unchanged
    - Noise produced by the machine
    - Actual situation at the
       workplace
5.9 Vibrations                              Unchanged
     Practical /admissible level
5.10 Radiation                              Unchanged
    - Electromagnetic , ionizing and
        other
    - Admissible / practicable level
 ---pagebreak---  Conmiission proposai                    Amerided Commission proposai following
 COM ( 08 ) 75 final                      the opinion of the European Parliament
 Qj C 114 of 30.4.1900_:_ of 16 November 1900_
                                          5.10a External radiation
                                                -  Effects on operation
                                         5.10b Laser equipment
                                                - Monitoring of radiation
                                                - Dependable adjustment and
                                                   observation devices
5.11    Other emissions
        –   Gases , liquids , dusts ,
            vapours and other wastes
        -   Collection or ventilation as
            close as possible to the
            source
        –   Evacuation
6 . MAINTENANCE                          Beginning unchanged
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           Omitted
        disassembly : information on the
        parts which could be a source
        of risk
     - Errors in connecting up power     Omitted
        and fluid supply avoided
        through design or instructions
                                              – For automated machines
                                                *  equipment for identifying
                                                   faults
                                                * where frequent replacement is
                                                   necessary : appropriate
                                                   technical facilities and
                                                   methods to be used
6.2 Access to intervention points        Unchanged
     - Platforms , stairs , ladders ,
        catwalks : size , anti-slip
        surface
     - Falls of persons and objects :
       handholds , ramps , guard rails
6.3 Power supply cut-off                 Beginning unchanged
     - Insulation of the machine from
       each power supply
                                           - Insulating devices to be clearly
                                              identified
     – Permanent cut-off of power
        supply : locking
                                           – Dissipation of residual energy
                                                                          Page 20
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  COM ( 00 ) 75 final                   the opinion of the European Parliament
 03 C 114 of 30.4.1900_ of 16 November 1900
                                        6.4 Action by operator
                                             – Frequency
                                             – Easy and safe
 7 . INSTRUCTIONS
 7.1 Warning indicators
      - Unambiguous and easy to see
      - Measures to ensure permanent
         effectiveness
      – Colours and warning signs
 7.2 Hazard signs
      – Location of risks
      - Exposed persons
     – Necessary markings
     - Shapes , colours , signs ,
        understanding
7.3 Marking
     – Requirements : effectiveness ,
        safety
     - Legible , indelible
7.4 Instructions for operation
     - Intelligible
     - Adéquate
B. ERGONOMIC PRINCIPLES CONCERNING     0 . Ergonomic principies
    MACHINES
1 . Presentation of the information    Becomes 0.1
   - 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
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 COM ( 08 ) 7 5 final                    the opinion of the European Parliament
OJ C 114 of 30.4.1988_ o f 16 November 1908_
    - 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                    Becomes 8.2
   - 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 abailities 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
      user of personal protective
      equipment
   - Grouped controls to be mounted
      centrally below the optimal
      display area
3 . Mental stress and fatigue            Becomes 8.3
   - Mental load , vigilance , sensory
      deprivation and isolation due to
      the machine
                                                                             Page 22
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COM ( 88 ) 75 final                     the opinion of the European Parliament
03 C 114 of 30.4.1983__ of 16 November 1983_
   – Noise : .  annoying noise
             .  noise liable to mask
                communication and
                signals
   –  Vibration : vibration levels and
                  impairment of visual
                  or manual efficiency
4 . Physical fatigue                   Becomes 8.4
   – 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
                                       B.    WOOD WORKING MACHINES AND SIMILAR
                                             EQUIPMENT
                                             Section B of this Annex applies to
                                             the wood working machines and
                                             similar equipment defined in the
                                             Directive on the approximation of
                                             the laws of the Member States on
                                             machines .
                                             The following specific references
                                           . are supplementary to section A of
                                             this Annex .
                                             1 . Where the workpiece be machined
                                                 is held manually on the table
                                                 – table must be stable
                                                 – no obstruction to movement of
                                                   workpiece
                                             2 . Risk of éjection of pièces of
                                                 wood
                                                 – prevent éjection
                                                 – protection
                                             3 . Unused tools
                                                 – integral protection , or
                                                 – automatic brake with short
                                                   shut-down time
                                             4 . Cutting tools
                                                 - depth of eut
                                                 – tool holder
                                       C. MOVING MACHINES
                                                                          Page 23