CELEX: 51995PC0311
Language: en
Date: 1995-06-27
Title: Amended proposal for a COUNCIL DIRECTIVE amending Directive 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work - 2nd Individual Directive within the meaning of Article 16 of Directive 89/391/EEC

COMMISSION OF THE EUROPEAN COMMUNITIES
it -te
                                              Brussels, 27.06.1995
                                             COM(95) 311 final
                                             94/0077 (SYN)
                          Amended proposal for a
                          COUNCIL DIRECTIVE
                 amending Directive 89/655/EEC on the
        minimum safety and health requirements for the use of
                  work equipment by workers at work
       2nd Individual Directive within the meaning of Article 16
                         of Directive 89/391/EEC
        (presented by the Commission pursuant to Article 189 a (2)
                             of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                        EXPLANATORY MEMORANDUM
Following the opinion of the European Parliament delivered on 17 February 1995 (first
reading), the Commission herewith presents to the Council an amended proposal for a
Council Directive under Article 189 a, paragraph 2, of the EC Treaty.
The amended proposal mostly seeks to clarify, precise or correct the original proposal,
whilst retaining the same general structure and objectives as the initial proposal.
Of the 50 amendments adopted by the European Parliament 26 have been accepted, 17
have been redrafted.
The amendments accepted by the Commission make the proposal more precise as regards
the information of workers and the objectives of some prescriptions (Annex I, point
3.1.1., 3.2.1., 3.2.2., 3.2.5., 3.3.4., 3.4., Annex II, 1.4., 1.14.,2.5., 3.1.1. and Annex IV,2)
or correct iinguistical errors.
The Commission also accepted the introduction of the need to take into account
ergonomie principles and the strengthening of the criteria for the inclusion of work
equipment in the inspection schedule (Annex IV), once in a redrafted version.
Whereas the Commission agrees to change the deadline for the bringing into conformity
of existing specific work equipment (as covered in Annex I, part 3) to all the relevant
requirements of Annex I concerning them to the end of the year 2000, it cannot admit
their mandatory scrapping five years later.
The Commission did not accept a series of amendments which are already covered
elsewhere in the text sometimes in better terms. This is the case for "qualified personnel",
testing before putting into use, committee arrangements, a new proposed recital,
consultation procedures and training.
Although sharing the European Parliament's concern that the prevention measures should
not be limited to workers only but also extend to persons in general, the Commission was
unable to introduce such amendments since the scope of Article 118a of the Treaty would
be exceeded.
Other amendments aiming at rendering the proposal more stringent in respect to kickback
of workpieces, to cartridge operated fixing tools and to protection against rolling over of
all agricultural vehicles would lead to excessive cost and therefore have been rejected,
as were amendments on marking of lifting equipment and information of workers because
of their potential to lead to confusion.
Finally an amendment on test records was due to a translation error in the original
proposal. The text should be a copy of the second paragraph of point 2.13 of the Annex
 ---pagebreak--- of Directive 89/655/EEC which is simply transferred to Annex II and which deals with
keeping maintenance logs up to date.
The Economic and Social Committee delivered its opinion on 23 November 1994.
                                         i   o-
 ---pagebreak--- Original Commission        Modified proposal
Proposal
THE COUNCIL OF THE         unchanged
EUROPEAN COMMUNITIES,
Having regard to the       unchanged
Treaty establishing the
European Economic
Community, and in
particular Article 118a
thereof,
Having regard to the       unchanged
proposal from the
Commission,
In cooperation with the    unchanged
European Parliament,
Having regard to the       unchanged
opinion of the Economic
and Social Committee,
Whereas Article 118a of    unchanged
the Treaty provides that
the Council shall adopt,
by means of directives,
minimum requirements for
encouraging improvements,
especially in the working
environment, to guarantee
a better level of
protection of the safety
and health of workers;
Whereas, pursuant to the   unchanged
said Article, such
directives must avoid
imposing administrative,
financial and legal
constraints in a way which
would hold back the
creation and development
of small and medium-sized
enterprises;
                           Whereas compliance with
                           the minimum requirements
                           designed to guarantee a
                           better standard of safety
                           and health in the use of
                           work equipment is
                           essential to ensure the
                           safety and health of
                           workers;
Whereas, therefore, the    unchanged
Member States must take
measures to facilitate
implementation of the
provisions of this
Directive by enterprises,
in particular small and
medium-sized enterprises;
whereas such measures may
include training and
information activities and
the introduction of
standard inspection
programmes adapted to the
specific requirements of
the various sectors of the
economy;
                                                     -Page 1-
 ---pagebreak--- Original Commission          Modified proposal
Proposal
Whereas the provisions of    unchanged
this Article do not
prevent each Member State
from establishing and
maintaining more stringent
protective measures,
compatible with this
Treaty, governing
conditions of work;
Whereas Article 9 (1)[1]     unchanged
of Directive 89/655/EEC
provides for the addition
to the Annex of
supplementary minimum
requirements applicable to
work equipment covered by
point 3 of the Annex, in
accordance with the
procedure pursuant to
Article 118A of the
Treaty; whereas Directive
92/57/EEC [2] provides
that certain parts of
Annex IV B, Section II
will be specified at the
same time;
Whereas, Directive           unchanged
89/655/EEC should be
supplemented by minimum
requirements concerning
inspections to be carried
out on certain work
equipment during use and
laying down certain rules
for use with a view to
promoting the health and
safety protection of
workers;
Whereas this Directive       Whereas this Directive
must confine itself to       must confine itself to
defining the objectives to   defining the objectives to
be achieved and the          be achieved and the
principles to be respected   principles to be respected
in such a way as to leave    leaving Member States free
the Member States free to    to decide how national
decide how this is to be     legislation will be
done;                        complied with and improved
                             upon.
                             Whereas this Directive
                             constitutes a practical
                             step towards creating the
                             social dimension of the
                             European Community;
Article 1                    unchanged
Directive 89/655/EEC is      unchanged
amended as follows:
1. Article 4 is amended as   unchanged
follows:
   - in paragraph 1(a) (ii)     - in paragraph 1(a) (ii)
      the words 'I, points 1       the words 'in the
                                                         -Page 2-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
     and 2' are inserted         Annex' are replaced by
     after the word              'in Annex I',
     'Annex',
     in paragraph 1(b) the       in paragraph 1(b) the
     following text is           words 'in the Annex'
     added: 'I, points 1         are replaced by 'in
     and 2 and by 31             Annex I'.
     December 2000 at the
     latest with the
     minimum requirements
     laid down in point 3
     of Annex 1',
                               - a paragraph 1(c) is
                                 inserted:
                             "c) Without prejudice to
                             a)i) and in derogation
                             from a)ii) and b ) , work
                             equipment which is subject
                             to the provisions of Annex
                             I (3) and is already at
                             the disposal of workers in
                             the enterprise or
                             establishment by 31
                             December 1996, shall meet
                             the minimum requirements
                             provided for in Annex I
                             within four years of that
                             date at the latest."
   - paragraphs 3 and 4 as   unchanged
     follows are added :
   '3. The employer shall    unchanged
   take the measures
   necessary to ensure
   that, during use of the
   work equipment, the
   minimum requirements
   listed in Annex II are
   respected.
   4. The Member States        4. The Member States
   shall, after                shall, after
   consultation with both      consultation with both
   management and labour,      sides of industry,
   establish procedures for    establish procedures for
   authorising alternative     authorising alternative
   means of protection         means of protection
   and/or organization of      and/or organization of
   work as long as this        work as long as
   guarantees an equivalent    application of the
   level of safety, where      minimum requirements
   the specific conditions     referred to in paragraph
   of use do not permit        3 is objectively not
   application of the          possible and an
   minimum requirements set    equivalent level of
   out in paragraph 3';        safety is guaranteed.'
 2. The following Article    unchanged
 is inserted :
 'Article 4b - Inspection    unchanged
 of work equipment
   1. The employer shall       1. The employer shall
   ensure that where the       ensure that where the
                                                        -Page 3-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
   safety of work equipment    safety of work equipment
   depends on the              depends on the
   installation conditions,    installation conditions,
   it shall be subject to      it shall be subject to
   an initial inspection       an initial inspection
   (after installation and     (after installation and
   before first being taken    before first being taken
   into service) and after     into service) and after
   assembly at new site, to    assembly at a new site
   ensure that the work        or in a new location, to
   equipment has been          ensure that the work
   installed correctly and     equipment has been
   is operating properly.      installed correctly and
                               is operating properly.
   2. The employer shall       2. The employer shall
   ensure that work            ensure that work
   equipment exposed to        equipment exposed to
   conditions causing          conditions causing
   deterioration which is      deterioration which is
   liable to result in         liable to result in
   dangerous situations are    dangerous situations is
   subject to :                subject to :
   - periodic inspections      - periodic inspections
     and                         and testing where
                                 appropriate and
     special inspections       - special inspections
     each time that              each time that
     exceptional                 exceptional
     circumstances which         circumstances which
     are liable to               are liable to
     jeopardize the safety       jeopardize the safety
     of the work equipment       of the work equipment
     have occurred, such as      have occurred, such as
     modification work,          modification work,
     accidents, heavy            accidents, heavy
     storms or prolonged         storms or prolonged
     periods of inactivity,      periods of inactivity,
   so that the                 to ensure that health
   deterioration can be        and safety conditions
   detected and remedied in    are maintained and that
   good time.                  the deterioration can be
                               detected and remedied in
                               good time.
   3. Pursuant to paragraph  unchanged
   2 and without prejudice
   to the provisions of
   Article 6(3) of
   Directive 89/391/EEC,
   the employer shall draw
   up or have drawn up a
   plan for the inspection
   of work equipment based
   on the intended
   conditions for use and
   taking account of any
   information furnished by
   the manufacturers.
   This plan shall           unchanged
   determine the type and
   frequency of the
   inspections and the
                                                        -Page 4-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
   methods used - and, if
   necessary, any
   circumstances making it
   necessary to perform
   special inspections -
   the specific competence
   required for inspection
   and the criteria to be
   applied on evaluation,
   and the conclusions to
   be drawn therefrom.
   The schedule shall also   unchanged
   indicate the effective
   conditions of use under
   which it is valid.
   4. The inspection plan    unchanged
   under paragraph 3 shall
   cover at least the work
   equipment listed in
   Annex IV(1). Inspections
   under paragraph 1 must
   be carried out at least
   in the cases covered by
   Annex IV(2).
   5. The Member States      unchanged
   shall specify the
   criteria governing the
   competence required for
   drawing up the
   inspection plans under
   paragraph 3 and for
   carrying out the
   inspections under
   paragraphs 1 and 2 based
   on the minimum criteria
   given in Annex V.
   6. Member States shall    unchanged
   take measures to
   facilitate the
   implementation by
   enterprises, in
   particular small and
   medium-sized
   enterprises, of the
   provisions laid down in
   the preceding
   paragraphs. These
   measures may include
   training and information
   activities targeted at
   enterprises and the
   introduction of standard
   inspection programmes
   adapted to the specific
   requirements of the
   various sectors of the
   economy.
   7. The results of         unchanged
   inspections must be
   recorded and kept at the
   disposal of the
   authorities concerned.
   They must be kept for a
   suitable period of time.
   When work equipment is    unchanged
   used outside of the
                                              -Page 5-
 ---pagebreak--- Original Commission          Modified proposal
Proposal
    enterprise it must be
    accompanied by physical
    evidence that the last
    inspection has been
    carried out';
                              3. The following article
                              is inserted :
                              'Article 5 A
                              Ergonomics and
                              occupational health
                              The working posture and
                              position of workers while
                              performing their work
                              tasks must be taken fully
                              into account by the
                              employer when applying
                              minimum health and safety
                              requirements and be
                              improved in accordance
                              with ergonomie
                              principles.'
                              4. At the end of Article
                              6, paragraph 2 the
                              following sentence is
                              added :
                               ' All workers are to be
                              informed of relevant
                              changes in the working
                              environment and of the
                              potential dangers of all
                              work equipment present in
                              the work area or site,
                              even if they do not use it
                              directly.'
                              5. Article 7 is amended by
                              inserting a third indent:
                               '- all workers receive
                                   adequate training in
                                   the use of work
                                   equipment and are
                                   informed of the
                                   consequences which
                                   might arise from not
                                   respecting the rules
                                   on health and safety.'
  3. Article 8 is amended as   6. Article 8 is amended as
  follows :                    follows :
  the words 'the Annex' are   unchanged
  replaced by 'the Annexes';
  4. Article 9 is amended as   7. Article 9 is amended as
  follows :                    follows :
     - in paragraph 1 'the    unchanged
       Annex' (twice) is
       amended to 'Annex I',
                                                          •Page 6-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
   - in paragraph 2 the      unchanged except FR
     words 'the Annex' are
     replaced by 'the
     Annexes';
 5. The Annex becomes Annex  8. The Annex becomes Annex
 I.                          I.
 2.6, 2.12, and 2.13         unchanged
 paragraph 2 are deleted.
 In 2.16 the words 'loading  unchanged
 and unloading' are
 inserted after
 'production'.
 At the end of the Annex     unchanged except FR
 the words 'as referred to
 in Article 9(1) of the
 Directive' are deleted.
 The text under the Annex I  unchanged
 of this Directive is added
 to Annex I;
 6. Annexes II, III, IV and  9. Annexes II, III, IV and
 V to this Directive are     V to this Directive are
 added.                      added.
 Article 2                   unchanged
 Final provisions            unchanged
 1. Member States shall      unchanged
 bring into force the laws,
 regulations and
 administrative provisions
 necessary to comply with
 this Directive by 31
 December 1996 at the
 latest. They shall
 forthwith inform the
 Commission thereof.
 When Member States adopt    unchanged
 these provisions they
 shall contain a reference
 to this Directive or shall
 be accompanied by such
 reference on official
 publication. The manner in
 which this reference is
 made shall be left to the
 Member States.
 2. Member States shall      unchanged
 communicate to the
 Commission the texts of
 the provisions of national
 law which they have
 already adopted or adopt
 in the field governed by
 this Directive.
 Article 3
 This Directive is           unchanged
                                                        -Page 7-
 ---pagebreak--- Original Commission          Modified proposal
Proposal
 addressed to the Member
 States.
 [1] OJ No L393 of
 30.12.1989, p.13
 [2] OJ No L245, 26.8.1992,
 p.6
 ANNEX I                      unchanged
 3.1. Minimum requirements    unchanged
 for woodworking and allied
 machinery and presses
 where the conditions of
 use require regular manual
 intervention in the danger
 zone.
 3.1.1. Where such work       3.1.1. Woodworking
 equipment cannot, because    machines and allied
 of its operating mode be     machinery which, because
 equipped with protective     of their operating modes,
 devices to prevent access    cannot be equipped with
 to danger zones entirely     protective devices that
 or to stop the movement of   entirely prevent access to
 moving parts before access   danger zones when
 is obtained to danger        operating, shall be
 zones, the hazards to        equipped with protective
 workers when operating in    devices which reduce the
 the danger zones must be     risk of contact with the
 reduced to a minimum.        tools to a minimum.
                              Presses, which are not
                              equipped with effective
                              protective devices or
                              which for technical
                              reasons cannot be fitted
                              with such a device, shall
                              be used only with closed
                              tools or fixed guards
                              which do not allow access
                              to danger zones.
  3.1.2. Work equipment used  unchanged
  in condition s in which
 there is a r isk of
  kickback or entrapment of
 the work pie ce must be
  equipped or adapted (with
  appropriate protective
  devices) in order to
  reduce this hazards and
  its effect.
  3.1.3. Where an operator    unchanged
  obliged to intervene
  manually on work equipment
  is placed at risk through
  residual energy in that
  equipment, it must be so
  adapted that the hazard is
                                                         -Page 8-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 eliminated. If necessary,
 it must be possible to
 dissipate the accumulated
 energy easily without it
 constituting a safety
 hazard to workers.
 3.2. Minimum requirements   unchanged
 for mobile work equipment,
 whether or not self-
 propelled
 3.2.1. Work equipment with  3.2.1. Work equipment with
 ride-on workers must be     ride-on workers must be
 fitted out such as to       fitted out such as to
 ensure that the workers     ensure that the workers
 can remain in complete      can remain in complete
 safety during the journey.  safety during the journey.
 Places for standing         Places for standing
 passengers must be such     passengers must be such
 that workers can place      that workers can place
 both feet fully on a non-   both feet fully on a non-
 slip, if necessary          slip, if necessary
 slatted, surface and that   slatted, surface and that
 at all times during the     at all times during the
 journey they have a sound   journey they have a sound
 hold, including when they   hold, including when they
 are moving around on the    are moving around on the
 work equipment. The risk    work equipment. The risk
 of inadvertent contact of   of inadvertent contact of
 the ride-on workers with    the ride-on workers in a
 wheels or tracks or of      way that they may be
 workers being crushed by    struck or crushed against
 wheels or tracks must be    another stationary or
 kept to a minimum.          moving object must be kept
                             to a minimum.
 3.2.2. Where an             3.2.2. Where an
 inadvertent blockage of     inadvertent blockage of
 the drive unit of an item   the drive unit of an item
 of mobile work equipment    of mobile work equipment
 might create a specific     might create a specific
 risk, such equipment must   risk, such equipment must
 be equipped or adapted to   be equipped or adapted to
 prevent blockages or to     prevent blockages. Where
 avoid any adverse effects   such blockage cannot be
 on workers where such       avoided, every possible
 blockage cannot be          measure must be taken to
 avoided.                    avoid any adverse effects
                             on workers.
 3.2.3. Where drive shafts   unchanged
 for the transmission of
 energy between mobile
 items of work equipment
 can become soiled or
 damaged by trailing on the
 ground, facilities must be
 available for fixing them.
 3.2.4. Mobile work          unchanged
 equipment with ridu-on
 workers must be designed
 to restrict, under actual
 conditions of use, the
 risks arising from work
 equipment rollover:
   - either by a protective  unchanged
     structure to ensure
                                                        -Page 9-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
     that the equipment
     does not tilt by more
     than a quarter turn,
   - or a structure giving   unchanged
     sufficient clearance
     around the ride-on
     workers if the tilting
     movement continues
     beyond a quarter turn.
 These protective            unchanged
 structures may be an
 integral part of the work
 equipment. Where there is
 a risk of a ride-on worker
 being crushed between a
 protection structure and
 the ground a restraining
 system for the ride-on
 workers must be installed.
 These protective
 structures are not
 required when the work
 equipment is - except for
 transfer to and from the
 site of work - stabilized
 during operation or where
 the design makes rollover
 impossible.
 Annex III gives a non-      unchanged
 exhaustive list of
 conditions of use for some
 mobile work equipment
 requiring protection
 against the hazards caused
 by rollover.
 3.2.5. Self-propelled work  unchanged
 equipment which may, in
 motion, engender risks for
 persons must fulfil the
 following conditions:
   (a) the equipment must    unchanged
       have facilities for
       preventing
       unauthorized start-
       up;
   (b) it must have          unchanged
       appropriate
       facilities for
       minimizing the
       consequences of a
       collision where
       there is more than
       one item of track-
       mounted work
       equipment in motion
       at the same time;
   (c) there must be a       unchanged
       device for braking
       and stopping work
       equipment. Where
       safety constraints
       so require,
       emergency facilities
       with readily
       accessible controls
                                              -Page 10-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
       must be available
       for braking and
       stopping the
       equipment in the
       event of failure of
       the main facility;
   (d) there must be           (d) auxiliary devices
       auxiliary devices to        must be installed to
       improve visibility          allow sufficient
       if the direct field         visibility when the
       of vision of the            direct field of
       driver is                   vision of the driver
       inadequate;                 is inadequate;
   (e) work equipment          (e) work equipment
       designed for use at         designed for use at
       night or in dark            night or in dark
       places must be              places must be
       equipped with               equipped with
       lighting appropriate        lighting appropriate
       to the work to be           to the work to be
       carried out;                carried out and must
                                   ensure sufficient
                                   safety for workers.
   (f) work equipment which  unchanged
       constitutes a fire
       hazard, either on
       its own or in
       respect of whatever
       it is towing and/or
       carrying and which
       is liable to
       endanger workers,
       must be equipped
       with appropriate
       fire-fighting
       appliances where
       such appliances are
       not available
       sufficiently nearby
       at the place of use;
   (g) remote-controlled     unchanged
       work equipment must
       stop automatically
       once it leaves the
       control range;
   (h) remote-controlled     unchanged
       work equipment which
       may in normal
       conditions engender
       a crushing or impact
       hazard must have
       facilities to guard
       against this risk.
 3,3. Minimum requirements   unchanged
 for work equipment for
 lifting loads
 3.3.1. When work equipment  unchanged
 in installed permanently,
 the loads to be lifted and
 the stress induced at the
 mounting or fixing point
 must be taken into account
 to safeguard the
 equipment's strength and
 stability.
                                                        -Page 11-
 ---pagebreak--- Original Commission           Modified proposal
 Proposal
  3.3.2. Work equipment must   unchanged
  be clearly marked to
  indicate its maximum
  capacity.
  Lifting accessories must     unchanged
  be marked such that it is
  possible to identify the
  characteristics essential
  for safe use. Work
  equipment which is not
  designed for lifting
  persons but which might be
  so used in error must be
  appropriately and clearly
  marked to this effect.
  3.3.3. Where loads handled   unchanged
  by work equipment pass
  over or are close to
  travelled ways protective
  devices must be installed
  to ensure that:
    (a) workers are not        unchanged
         struck by the load;
    (b) in the event of        unchanged
         partial or total
         power supply failure
         or the termination
         of an operation, the
         load cannot drift
         dangerously or fall
         freely;
    (c) the load cannot be     unchanged
         released
         unintentionally.
  3.3.4. Work equipment for    3.3.4. Work equipment for
  lifting workers must be      lifting workers must be
  such as to:                  such as to:
     (a) prevent the risk of      (a) prevent the risk of
         the lift cage                the carrier falling
         falling by suitable          by suitable devices;
         devices;
     (b) prevent the risk of      (b) prevent the risk of
         the user himself             the user himself
         falling from the             falling from the
         cage;                        carrier;
     (c) prevent the risk of      (c) prevent the risk of
         the user being               the user being
         crushed, trapped or          crushed, trapped or
         struck caused by the         struck caused by
         absence of an                unintended contact
         internal cabin door;         with objects;
     (d) ensure that persons      (d) ensure that persons
         trapped in the cage          trapped in the
         in the event of an           carrier in the event
         incident are not             of an incident are
         exposed to danger            not exposed to
         and can be freed.            danger and can be
                                      freed.
CI "1Z1                                                    -Page 12-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 If for reasons inherent to  If for reasons inherent to
 the site and to height      the site and to height
 differences, the risks      differences, the risks
 referred to in point (a)    referred to in point (a)
 cannot be avoided by any    cannot be avoided by any
 safety measures, an         safety measures, an
 enhanced safety             enhanced safety
 coefficient suspension      coefficient suspension
 rope must be installed and  rope must be installed and
 checked every working day   checked every working day
 in accordance with the      in accordance with the
 conditions set out in       conditions set out in
 Article 4b.                 Article 4b.
 3.4. Minimum requirements   3.4. Minimum requirements
 for scaffolding and         for scaffolding and
 similar work equipment to   similar work equipment,
 facilitate worker access    including ladders, to
 to and presence at          facilitate worker access
 workstations at height.     to and presence at
                             workstations at height.
 This work equipment must    unchanged
 be such as to prevent the
 risk of falls and/or
 falling objects. To this
 end:
   (a) the work equipment    unchanged
       must be able to
       withstand
       foreseeable loads
       during the use,
       particularly those
       resulting from
       materials and tools
       that have to be
       placed on the work
       equipment and/or
       used to carry out
       the work;
   (b) any excessive         unchanged
       flexion and
       excessive
       oscillation or
       torsion movement
       must be precluded
       where equipment is
       being used according
       to instructions;
   (c) the work equipment    unchanged
       must neither slip
       nor overturn nor
       shift nor collapse
       when in position for
       use;
   (d) erection,             unchanged
       dismantling and any
       modifications
       required of non-
       permanent work
       equipment must be
       able to be carried
       out in safety;
   (e) work equipment must   unchanged
                                                        -Page 13-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
       incorporate integral
       safety devices or
       ones which are
       readily attachable
       to the structure;
   (f) the work equipment    unchanged
       must afford
       sufficient room for
       the work to be
       carried out and for
       the requisite
       materials and tools
       to be set down.
                               (g) an adequate amount
                                   of securely fixed
                                   decking and ladders
                                   must be installed so
                                   as to provide a
                                   minimum level of
                                   safety for workers
                                   when working,
                                   gaining access to
                                   and leaving
                                   workstations at
                                   height.
 3.5. Minimum requirements   unchanged
 for work equipment used
 for detecting non-apparent
 risks
 Such work equipment must    unchanged
 be such as to avoid,
 bearing in mind the
 conditions of use, any
 risks arising from the
 faulty display or
 interpretation of the
 measuring signal. Where
 appropriate, it must be
 possible to verify the
 operational condition of
 the work equipment at any
 time.
 3.6. Minimum requirements   unchanged
 for bolt firing tools,
 captive bolt guns, nail
 drivers and the like
 It must not be possible to  unchanged
 fire bolt firing tools,
 captive bolt guns, nail
 drivers and similar work
 equipment easily or
 without the application of
 a certain degree of force.
 Where it is not possible
 to meet this condition,
 the device should be
 rearmed for each shot.
 ANNEX II                    unchanged
 Minimum requirements        unchanged
 concerning the use of
 work equipment referred
 to in Article 4 (3)
                                                        -Page 14-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 0. Preliminary remark       unchanged
 The obligations laid down   unchanged
 in this Annex apply having
 regard to the provisions
 of the Directive and where
 the corresponding risk
 exists for the work
 equipment in question.
 1. Minimum requirements of  unchanged
 a general nature for all
 work equipment
 1.1. Work equipment and     unchanged
 its components must, if
 necessary for the health
 and safety of workers, be
 stabilized by anchoring or
 other means.
 1.2. Work equipment must    unchanged
 be installed and located
 such that there is
 sufficient space between
 moving parts and fixed or
 moving parts in their
 environment and such that
 all forms of energy and
 substances used or
 produced can be supplied
 and/or removed in a safe
 manner.
 1.3. Work equipment must    unchanged
 be erected or dismantled
 under safe conditions,
 observing any instructions
 which may have been
 furnished by the
 manufacturer.
 1.4. Work equipment         1.4. Work equipment in
 installed or erected in     need of protection against
 the open must be protected  the effects of lightning
 against lightning strike    while being used must be
 by lightning conductor      protected by a system for
 equipment or other          conducting the resultant
 suitable means.             electrical charges to
                             earth or by other suitable
                             means.
 1.5. In respect of the      unchanged
 installation and use of
 electrically operated work
 equipment, care must be
 taken that the electrical
 components, including
 connecting leads, are
 protected against harmful
 external influences.
 Conductors must be
 properly insulated. All
 electrical work equipment
 and systems must be
 earthed or protected by
 ether suitable means of
 precluding any risk of
 accident due to direct or
                                                        -Page 15-
 ---pagebreak--- Original Commission          Modified proposal
Proposal
 indirect contact.
 1.6. Where work equipment    unchanged
 is installed, erected or
 used below or in the
 vicinity of overhead
 electrical power lines,
 appropriate measures must
 be taken to avoid any
 contact of workers and/or
 their work equipment with
 the lines or
 electrification of
 workers.
 1.7. Work equipment which    unchanged
 is taken out for service
 must be fitted with guards
 and protective and safety
 devices as prescribed.
 Otherwise, the equipment
 must be dismantled or
 rendered inaccessible or
 unusable by removing and
 taking away essential
 operating parts.
 1.8. Work equipment may      unchanged
 not be used for operations
 or in conditions for which
 it is inappropriate.
 Whenever necessary from      unchanged
 the point of view of
 health and safety of
 workers, work equipment
 must be used with safety
 devices and accessories
 prescribed for the various
 type of use.
 1.9. Before modifying work   unchanged
 equipment or its
 conditions for use to an
 extent exceeding that
 envisaged by the
 manufacturer, the measures
 set out in Article 6 of
 Directive 89/391/EEC must
 be taken.
 1.10. If work equipment      unchanged
 has to be combined, its
 mutual compatibility must
 be assured "and use must be
 limited as indicated by
 the manufacturers and/or
 having regard to any
 supplementary
 restrictions.
 1.11. No work may be         unchanged
 carried out on electrical
 equipment or installations
 unless precautions have
 been taken to safeguard
 the safety of every worker
 involved or liable to be
 involved in the work.
 1.12. Dead work shall not    unchanged except DE
 begin on electrical
                                                  -Page 16-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 installations until, where
 necessary to prevent
 electrical danger, the
 following measures have
 been taken:
   - the electrical          unchanged
     installation or
     equipment to be worked
     on has been positively
     identified, and
   - the electrical          unchanged
     installation or
     equipment has been
     disconnected from all
     sources of electrical
     energy, and
   - measures to prevent     unchanged
     reconnection to any
     source of electrical
     energy have been
     taken, and
   - the absence of voltage  unchanged
     on the electrical
     installation or
     equipment has been
     verified by the use of
     suitable means, and
   - the electrical          unchanged
     installation or
     equipment has been
     earthed and short-
     circuited where
     necessary by suitable
     means; and
   - measures have been      unchanged
     provided or measures
     taken to prevent
     persons approaching
     and/or contacting any
     live parts which
     present an electrical
     danger in the vicinity
     of the work activity.
 1.13. Live work shall not   unchanged
 begin on an electrical
 installation without
 ensuring that:
   - it is unreasonable for  unchanged
     the electrical
     installation to be
     dead, and
   - it is reasonable for    unchanged
     the work to be carried
     out on the electrical
     installation while it
     is live, and
   - suitable precautions,   unchanged
     including where
     necessary the
     provision of suitable
     electrical safety
     equipment, are taken
                                              -Page 17-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
     to prevent injury.
 1.14. If one or more        1.14. If one or more
 workers have to have        workers have to have
 access to parts of work     access to parts of work
 equipment where there is a  equipment where there is a
 risk arising from oxygen    risk arising from
 deficiency, temperature,    unintended harmful contact
 gas dusts, liquids,         with objects, oxygen
 vapours or other            deficiency, temperature,
 substances, an emergency    gas dusts, liquids,
 intervention and rescue     vapours or other
 procedure must be drawn     substances, an emergency
 up. Access for workers      intervention and rescue
 must be rendered safe, by   procedure must be drawn
 means of prior ventilation  up. Access for workers
 or emptying or by some      must be rendered safe, by
 other suitable means; a     means of prior ventilation
 check must be carried out   or emptying or by some
 to ensure that the          other suitable means; a
 required result has been    check must be carried out
 obtained. Protection        to ensure that the
 measures must be            required result has been
 maintained during the       obtained. Protection
 intervention period. At     measures must be
 least one person with whom  maintained during the
 there is reliable           intervention period. At
 communication must remain   least one person with whom
 present outside the work    there is reliable
 equipment during the        communication must remain
 intervention to ensure      present outside the work
 that the worker or workers  equipment during the
 can be rescued if           intervention to ensure
 necessary. The necessary    that the worker or workers
 rescue equipment must be    can be rescued if
 available in situ.          necessary. The necessary
                             rescue equipment must be
                             available in situ.
 1.15. Where work equipment  unchanged
 contains flowing or
 aspirated materials,
 workers must, by
 appropriate means, be kept
 at a sufficient distance
 to ensure that they are
 not buried or sucked in.
 1.16. Mobile or portable    unchanged
 work equipment equipped
 with tools or accessories
 which cannot be entirely
 protected may be used only
 if no worker other than
 the operator is in danger
 zone of these tools or
 accessories.
 1.17. Mechanically          unchanged
 operated work equipment,
 including all moving parts
 which are potential
 hazards, must be shut down
 for the purposes of
 repairing breakdowns,
 unblocking jammed moving
 parts and carrying out
 adjustment, servicing,
 cleaning or maintenance
 work.
                                                        -Page 18-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 Where there is no           unchanged
 alternative to carrying
 out work on moving parts,
 other measures must be
 taken to ensure that work
 can be conducted in
 safety, also when attempts
 are being made to resume
 operations.
 1.18. Workers must be       unchanged
 equipped with suitable
 tools for removing in
 safety foreign objects or
 pieces of material from
 the vicinity of moving
 parts, otherwise these
 parts must be shut down.
 1.19. Work equipment        1.19. If any machine has a
 inspection records must be  maintenance log it must be
 kept up to date.            kept up to date.
 1.20. In respect of         unchanged
 changes being made to a
 programme of
 reprogrammable control
 systems, steps must be
 taken to ensure that
 safety functions are
 preserved, adjusted or
 supplemented. Any changes
 must be documented.
 2. Minimum specific         unchanged
 requirements for the use
 of mobile equipment,
 whether or not self-
 propelled
 2.1. Self-propelled work    unchanged
 equipment shall only be
 driven by workers who have
 been specially trained in
 the safe driving of such
 equipment. Workers
 undergoing driving
 training must be under
 constant supervision.
 2.2. If several pieces of   unchanged
 equipment are moving
 around in the same area,
 traffic rules must be
 drawn up and respected.
 2.3. Organizational         unchanged except DE
 measures must be taken to
 prevent workers on foot
 coming within the vicinity
 of self-propelled work
 equipment operating in
 restricted areas.
 If work can be done         If work can be done
 properly only if workers    properly only if workers
 on foot are present,        on foot are present,
 appropriate measures must   appropriate measures must
 be taken to prevent them    be taken to prevent them
 from being run over.        from being harmed by the
                             equipment.
                                                        -Page 19-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 2.4. The transport of       unchanged
 workers on mechanically
 driven mobile work
 equipment is authorized
 only where safe facilities
 are provided to this
 effect. If work must be
 carried out during the
 journey, speeds must be
 adjusted as necessary.
 2.5. Mobile work equipment  2.5. Mobile work equipment
 with a combustion engine    with a combustion engine
 may not be used in          may not be used in working
 enclosed spaces or          areas unless sufficient
 galleries unless            quantities of clean air
 sufficient quantities of    can be guaranteed.
 clean air can be
 guaranteed.
                             The engine will be
                             switched off when not in
                             immediate use.
 2.6. Remote-controlled      unchanged
 work equipment must be
 operated such that it is
 at all times within the
 operator's field of vision
 or field of control.
 2.7. Mobile work equipment  unchanged
 may not be loaded such
 that workers are placed at
 risk during transport. In
 particular, free masses of
 loaded material may not
 set up dynamic forces
 liable to compromise the
 stability of the
 equipment.
 2.8. When energy            unchanged
 transmission units between
 mobile work equipment have
 been disconnected they
 must be fixed so as not to
 drag on the ground.
 2.9. In connection with     unchanged
 the use of mobile work
 equipment which, by
 design, projects objects
 or materials, appropriate
 measures must be taken to
 ensure that no worker is
 in the projection zone.
 3. Minimum requirements     unchanged
 for the use of work
 equipment for lifting
 loads
 3.1. Minimum requirements   unchanged
 for the use of work
 equipment for lifting
 guided or non-guided loads
 3.1.1. Mobile or movable    3.1.1. Mobile or movable
                                                        -Page 20-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 work equipment designed     work equipment designed
 for lifting loads may be    for lifting loads may be
 used only on a base which   used only on a base which
 is sufficiently resistant   is sufficiently resistant
 to ensure the stability of  to ensure the stability of
 the work equipment during   the work equipment during
 use.                        use under all foreseeable
                             conditions.
 3.1.2. Persons may be       unchanged
 lifted only by means of
 work equipment and
 accessories provided for
 this purpose.
 Exceptionally, and judging
 each case on its merits,
 the competent authorities
 may authorize work
 equipment which is not
 specifically designed for
 the purpose of lifting
 persons to be used to this
 effect, provided that
 specially designed
 accessories are used.
 When persons are being      unchanged
 lifted the control
 position must be manned at
 all times. Persons being
 lifted must have reliable
 means of communication. In
 the event of danger, there
 must be reliable means of
 evacuating them.
 3.1.3. Workers may not be   unchanged except FR
 present under suspended
 loads. Loads may not be
 moved above unprotected
 workplaces occupied by
 workers.
 However, if work cannot be  unchanged
 carried out properly any
 other way, appropriate
 procedures must be laid
 down and applied.
 3.1.4. Lifting accessories  unchanged
 must be selected as a
 function of the loads to
 bo handled, gripping
 points, attachment tackle,
 atmospheric conditions and
 the mode and configuration
 of slinging. Lifting
 accessory tackle must be
 clearly marked so that
 users are aware of its
 characteristics where such
 tackle is not dismantled
 after use.
 3.1.5. Lifting accessories  unchanged
 must be stored away from
 harmful atmospheric
 conditions and rodents.
 3.2. Minimum requirements   unchanged
 for the use of work
                                                        -Page 21-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 equipment for lifting non-
 guided loads
 3.2.1. When two or more     unchanged
 items of work equipment
 used for lifting non-
 guided loads are installed
 or erected on a site such
 as their working radii
 overlap, appropriate
 measures must be taken to
 avoid collision between
 the loads and/or the work
 equipment parts
 themselves.
 3.2.2. When using mobile    unchanged
 work equipment for lifting
 non-guided loads, measures
 must be taken to prevent
 the equipment from
 tilting, overturning or,
 if necessary, moving or
 slipping. Checks are to be
 made to ensure that these
 measures are executed
 properly.
 3.2.3. If the operator of   unchanged
 work equipment designed
 for lifting non-guided
 loads cannot observe the
 full path of the load
 either directly or by the
 way of auxiliary equipment
 providing the necessary
 information, a competent
 person must be in
 communication with the
 operator to guide him and
 organizational measures
 must be taken to prevent
 collisions of the load
 which could endanger
 workers.
 3.2.4. While a worker is    unchanged
 attaching or detaching a
 load by hand, operation of
 the work equipment must be
 under his authority.
 3.2.5. If a load has to be  unchanged
 lifted by two or more
 items of work equipment
 for lifting non-guided
 loads simultaneously, a
 procedure must be
 established and applied to
 avoid any risk resulting
 from poor coordination on
 the part of the operators.
 These operations may only
 be carried out in the
 presence of a responsible
 person other than the
 operators of the work
 equipment concerned.
 3.2.6. If work equipment    unchanged
 designed for lifting non-
 guided loads cannot
                                              •Page 22-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 maintain its hold on the
 load in the event of a
 complete or partial power
 failure, appropriate
 measures must be taken to
 avoid exposing workers to
 any resultant risks.
 Suspended loads must not    unchanged
 be left without
 surveillance unless
 arrangements have been
 made to prevent access to
 the danger zone.
 3.2.7. Work equipment       unchanged
 designed for lifting non-
 guided loads, including
 the gripping devices,
 accessories and support
 structure, must be kept
 under surveillance during
 work so as to detect any
 defects. Should any such
 defects jeopardizing the
 safety of operation be
 detected, work must be
 stopped immediately and
 necessary steps taken to
 ensure that the equipment
 no longer constitutes a
 hazard.
 3.2.8. Use in the open of   unchanged
 work equipment must be
 halted when the
 meteorological conditions
 deteriorate to the point
 of jeopardizing the safe
 use of the equipment and
 exposing workers to risks.
 Additional protection
 measures to avoid work
 equipment turnover must be
 taken to avoid any risks
 to workers.
 4.. Specific minimum        unchanged
 requirements for the use
 of other specific work
 equipment.
 4.1. Work equipment         unchanged
 designed to contain and
 distribute liquids,
 vapours or gases under
 pressure or liquified must
 be used such as to avoid
 exceeding permissible
 service temperatures and
 pressures and, where
 appropriate, the levels of
 the liquid phase. Any
 attachments must be
 protected against the risk
 of mechanical, chemical or
 biological damage.
 4.2. Pressure vessels       unchanged
 subject to high
 temperature heat exchange
 and/or exposed to flames
                                              -Page 23-
 ---pagebreak--- Original Commission         Modified proposal
Proposal
 must be used under
 constant surveillance
 unless they are self-
 regulated or incorporate
 fail-safe facilities.
 4.3. When filling           unchanged
 pressurized systems,
 operators must have
 appropriate means for
 overseeing and respecting
 the filling conditions.
 4.4. Pressurized systems    unchanged
 which previously contained
 flammable, corrosive or
 toxic substances must be
 depressurized and vented
 before being taken out of
 service permanently,
 without causing any risk
 to workers.
 4.5. The relevant           unchanged
 characteristics of
 materials on which it is
 intended to use a bolt
 firing tool or similar
 work equipment must be
 identified prior to use.
 If firing is liable to
 jeopardize other workers,
 additional precautions
 must be taken.
 Annex III
 Non-exhaustive list -
 covered in Annex I, 3.2.4,
 last paragraph - of the
 conditions of use for
 which certain mobile work
 equipment must be
 protected against the
 hazards caused by rollover
  left column
 Work equipment with a       unchanged
 power rating of over 15 kW
 Trawler loaders or wheel    unchanged
 loaders
 Back hoe loaders            unchanged
 Trawler tractors or wheel   unchanged
 tractors
 Scrapers (self-loading or   unchanged
 not)
 Graders                     unchanged
 Articulated steer dumpers   unchanged
 Self-propelled industrial   unchanged except DE
 trucks
                                                 -Page 24-
 ---pagebreak--- Original Commission           Modified proposal
Proposal
 Agricultural, forestry and    unchanged
 viticultural tractors
   right column
 Conditions of use             unchanged
 Working involving movement    unchanged
 in the vicinity of height
 differences of more than 1
 m, including trenches and
 ditches of a width
 exceeding 0,50 m and
 slopes steeper than 25 %
 All conditions                unchanged
 All conditions                unchanged
 ANNEX IV
 Non-exhaustive list of        unchanged
 work equipment to be
 included in the inspection
 schedule referred to in
 article 4b (4)
 1.
  (a)    Hyperbaric and        unchanged
         hypobaric chambers,
         including their
         accessories, which
         are used as an
         enclosure for
         workers.
  (b)    Mobile work            (b)   Mobile work
         equipment with a             equipment with a
         maximum speed of             maximum speed of
         over 15 km/h.                over 10 km/h.
  (c)    Work equipment, and    (c)   Work equipment, and
         its accessories, for         its accessories, for
         lifting loads of             lifting loads of
         more than 300 Kg             more than 200 Kg
         and/or for lifting           and/or for lifting
         workers where there          workers where there
         is a risk of falling         is a risk of falling
         from a height of             from a vertical
         more than 3 m.               height of more than
                                      3 m.
  (d)    Cable haulage         unchanged
         installations
         designed to be
         erected at various
         sites.
  (e)    Installations for     unchanged
         storing and filling
         flammable liquids.
  (f)    Pressurized work      unchanged
                                                           -Page 25-
 ---pagebreak--- Original Commission           Modified proposal
Proposal
         equipment in one of
         the categories
         subject pursuant to
         Directive
         .../.../EC to
         certification
         procedures requiring
         intervention by
         third parties or
         comparable
         organizations.
 (g)     Safety components     (g)    Safety components
         and non-material             including non-
         barriers.                    material barriers.
                               (h)    Food-processing
                                      equipment that
                                      includes cutting
                                      mechanisms which are
                                      open and accessible
                                      during normal
                                      operation.
                               (i)    Silo mechanisms
                                      controlling the flow
                                      of materials and
                                      products and access
                                      to the silo.
 2. Correct installation       2. Correct installation
 and stability of lifting      and stability of lifting
 gear which can be             gear which can be
 dismantled, work equipment    dismantled, work equipment
 for facilitating access to    for facilitating access to
 and the presence of           and the presence of
 persons at workstations at    persons at workstations at
 a height and hyperbaric       a height and hyperbaric
 and hypobaric chambers        and hypobaric chambers
 within the meaning of         within the meaning of
 point 1 (a) must be           point 1 (a) must be
 examined each time they       examined each time they
 have been erected on a new    have been erected on a new
 site and before they are      site or location and
 taken into service.           before they are taken into
 Hyperbaric and hypobaric      service. Hyperbaric and
 chambers must also undergo    hypobaric chambers must
 inspection for leakage.       also undergo inspection
                               for leakage.
 ANNEX V
 Minimum competence            unchanged
 criteria within the
 meaning of Article 4b (5)
 1. Competent persons must     unchanged
 be either natural or legal
 persons, whether belonging
 to the enterprise or not.
 The competent person must     unchanged
 have in his possession the
 full range of knowledge
 and experience necessary
 to handle all the aspects
 concerning the safety of a
                                                           -Page 26-
 ---pagebreak--- Original Commission           Modified proposal
Proposal
 piece of work equipment or
 a work equipment system.
 Depending on the nature
 and complexity of the work
 equipment concerned, the
 expertise of more than one
 person might be necessary.
 The same competent person     unchanged
 may be involved at
 different stages of the
 inspection procedure, an
 independent competent
 person must be called in
 whenever the requisite
 expertise is not available
 within the enterprise
 itself.
 2. A person competent to      unchanged
 draw up plans for the
 inspection of work
 equipment must have an
 overall understanding
 enabling him to assess the
 influence of different
 conditions of use on the
 safety condition of the
 work equipment under
 consideration. To this end
 he must :
 (a)     possess the           unchanged
         necessary
         professional
         qualifications based
         on theoretical and
         practical knowledge
         and experience
         commensurate with
         the type of
         equipment where
         appropriate,
         including the
         operation of systems
         of work equipment;
 (b)     have knowledge of     unchanged
         the applicable laws;
 (c)     have knowledge of     unchanged
         the various forms of
         inspection so that
         he can give precise
         indications as to
         their application
         and the
         interpretation of
         the results
         including any
         requisite measures;
 (d)     be sufficiently       unchanged
         independent of other
         interests,
         particularly those
         of the person
         responsible for
         equipment operation.
 3. The person competent to    unchanged
 carry out the inspections
                                                -Page 27-
 ---pagebreak--- Original Commission           Modified proposal
Proposal
 must
 (a)     have the necessary    unchanged
         professional
         qualifications based
         on theoretical and
         practical knowledge
         and experience
         commensurate with
         the equipment under
         consideration;
 (b)     have appropriate      unchanged
         knowledge of the
         applicable laws;
 (c)     have knowledge and    unchanged
         sufficient practical
         experience of the
         inspections to be
         carried out, and of
         evaluation of the
         results;
 (d)     be able to draw up    unchanged
         test certificates
         and/or reports;
 (e)     be sufficiently       unchanged
         independent of other
         interests
         particularly those
         of the person
         responsible for
         equipment operation
         as regards the
         conduct and
         evaluation of the
         inspection.
                                                -Page 28-
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(95) 311 final
                                                DOCUMENTS
 FN                                                                             04
                                      Catalogue
                                             'a
                                                  number : CB-CO-95-342-EN-C
                                                                ISBN 92-77-91151-4
Office for Official Publications of the European Commuioiiici:
L-2985 Luxembourg
                                               *?