CELEX: 51990PC0131
Language: en
Date: 1990-04-09
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL DIRECTIVE ON THE MINIMUM HEALTH AND SAFETY REQUIREMENTS FOR THE MANUAL HANDLING OF LOADS INVOLVING A RISK OF MUSCULOSKELETAL INJURY TO WORKERS

N o C 118/14                        Official Journal of the European Communities                                 12. 5. 90
                                                           II
                                                    (Preparatory Acts)
                                               COMMISSION
              Reexamined proposal for a Council Directive on the minimum health and safety requirements
                for the manual handling of loads involving a risk of musculoskeletal injury to workers (')
                                             COM(90) 131 final — SYN 128
              (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 10 April
                                                          1990)
                                                     (90/C 118/18)
              O OJ No C 129, 25. 5. 1989, p. 6 (COM(89) 213 final — SYN 128).
                                                                     AMENDED COMMISSION PROPOSAL SUBSEQUENT TO THE
                                                                AMENDMENTS PROPOSED BY THE EUROPEAN PARLIAMENT DURING
             COMMON POSITION OF THE COUNCIL                                THE SECOND READING ON 14 MARCH 1990
Proposal for a Council Directive on the minimum health          Proposal for a Council Directive on the minimum health
and safety requirements for the manual handling of loads        and safety requirements for the manual handling of loads
where there is a risk particularly of back injury to            involving a risk of musculoskeletal injury to workers
workers
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European           Unchanged
Economic Community, and in particular Article 118a
thereof,
Having regard to the Commission proposal submitted              Unchanged
after consultation with the Advisory Committee on
Safety, Hygiene and Health Protection at Work,
in cooperation with the European Parliament,                    Unchanged
Having regard to the opinion of the Economic and                Unchanged
Social Committee,
Whereas Article 118a of the Treaty provides that the
Council shall adopt, by means of Directives, minimum
requirements for encouraging improvements, especially           Unchanged
in the working environment, to guarantee a better level
of protection of the health and safety of workers;
Whereas, pursuant to that Article, such Directives must
avoid imposing administrative, financial and legal
constraints in a way which would hold back the creation         Unchanged
and development of small and medium-sized under-
takings;
 ---pagebreak---  12. 5. 90                            Official Journal of the European Communities                            No C 118/15
              COMMON POSITION OF THE COUNCIL                                   AMENDED COMMISSION PROPOSAL
Whereas the Commission communication on its                     Unchanged
programme concerning safety, hygiene and health at
work provides for the adoption of Directives designed to
guarantee the health and safety of workers at the
workplace;
Whereas the Council, in its Resolution of 21 December           Unchanged
1987 on safety, hygiene and health at work, took note of
the Commission's intention of submitting to the Council
in the near future a Directive on protection against the
risks resulting from the manual handling of heavy loads;
Whereas compliance with the minimum requirements                Unchanged
designed to guarantee a better standard of health and
safety at the workplace is essential to ensure the health
and safety of workers;
Whereas this Directive is an individual Directive within        Whereas this Directive is an individual Directive within
the meaning of Article 16 (1) of Council Directive              the meaning of Article 16 (1) of Council Directive
89/391/EEC of 12 June 1989 on the introduction of               89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the health and            measures to encourage improvements in the health and
safety of workers at work; whereas therefore the                safety of workers at work; whereas therefore the
provisions of the said Directive are fully applicable to the    provisions of the said Directive are fully applicable to the
field of the manual handling of loads where there is a          field of the manual handling of loads involving a risk of
risk particularly of back injury to workers, without            musculoskeletal injury to workers, without prejudice to
prejudice to more stringent and/or specific provisions set      more stringent and/or specific provisions set out in this
out in this Directive;                                          Directive;
Whereas this Directive constitutes a practical step             Unchanged
towards the achievement of the social dimension of the
internal market;
Whereas, pursuant      to Decision 74/325/EEC, the              Unchanged
Advisory Committee      on Safety, Hygiene and Health
Protection at Work is  consulted by the Commission with
a view to drawing up    proposals in this field,
HAS ADOPTED THIS DIRECTIVE:                                     HAS ADOPTED THIS DIRECTIVE:
                        SECTION I                                                       SECTION I
                    General provisions                                              General provisions
                         Article 1                                                       Article 1
                          Subject                                                         Subject
1.     This Directive, which is the fourth individual            1.     This Directive, which is the fourth individual
Directive within the meaning of Article 16 (1) of               Directive within the meaning of Article 16 (1) of
Directive 89/391/EEC, lays down minimum health and              Directive 89/391/EEC, lays down minimum health and
safety requirements for the manual handling of loads            safety requirements for the manual handling of loads
where there is a risk particularly of back injury to            involving a risk of musculoskeletal injury to workers.
workers.
 ---pagebreak--- N o C 118/16                         Official Journal of the European Communities                                 12. 5. 90
              COMMON POSITION OF THE COUNCIL                                 AMENDED COMMISSION PROPOSAL
2.     The provisions of Directive 89/391/EEC shall be         Unchanged
fully applicable to the whole sphere referred to in
paragraph 1, without prejudice to more restrictive
and/or specific provisions contained in this Directive.
                         Article 2                                                      Article 2
                         Definition                                                     Definition
For the purposes of this Directive, 'manual handling of        For the purposes of this Directive, 'manual handling of
loads' means any transporting or supporting of a load,         loads' means any transporting or supporting of a load,
by one or more workers, including lifting, putting down,       by one or more workers, including lifting, putting down,
pushing, pulling, carrying or moving of a load, which, by      pushing, pulling, carrying or moving of a load, which, by
reason of its characteristics or of unfavourable               reason of its characteristics or of unfavourable
ergonomic conditions, involves a risk particularly of back     ergonomic conditions, involves a risk of musculoskeletal
injury to workers.                                             injury to workers.
                       SECTION II                                                     SECTION II
                  Employers' obligations                                         Employers' obligations
                         Article 3                                                      Article 3
                    General provision                                              General provision
1.     The employer shall take appropriate organizational       1.   Unchanged
measures, or shall use the appropriate means, in
particular mechanical equipment, in order to avoid the
need for the manual handling of loads by workers.
2.     Where the need for the manual handling of loads         2.    Where the need for the manual handling of loads
by workers cannot be avoided, the employer shall take          by workers cannot be avoided, the employer shall take
the necessary organizational measures, use the appro-          the necessary organizational measures, use the appro-
priate means or provide workers with such means in             priate means or provide workers with such means in
order to reduce the risk involved in the manual handling       order to reduce the risk involved in the manual handling
of such loads.                                                 of such loads, taking account of the factors referred to in
                                                               Annex I.
                         Article 4                                                      Article 4
               Organization of work stations                                 Organization of work stations
Wherever the need for manual handling of loads by a             Unchanged
worker cannot be avoided, the employer shall organize
work stations in such a way as to make such handling as
safe and healthy as possible and:
(a) assess, in advance if possible, the health and safety       (a) Unchanged
     conditions of the type of work involved, and in
     particular examine the characteristics of the load,
     taking account of Annex I;
 ---pagebreak---  12. 5. 90                            Official Journal of the European Communities                           N o C 118/17
                 COMMON POSITION OF THE COUNCIL                                   AMENDED COMMISSION PROPOSAL
(b) take care to avoid or reduce the risk particularly of       (b) take care to avoid or reduce the risk of musculo-
     back injury to the worker, by taking appropriate                skeletal injury to the worker by taking appropriate
     measures, considering in particular the characteristics         measures, considering in particular the characteristics
     of the working environment and the requirements of              of the working environment and the requirements of
     the activity, taking account of Annex I.                       the activity, taking account of Annex I.
                           Article 5                            Unchanged
                    Reference to Annex II
For the implementation of Article 6 (3) (b) and Articles
 14 and 15 of Directive 89/391/EEC, account should be
taken of Annex II.
                           Article 6                                                      Article 6
         Information for, and training of, workers                       Information for, and training of, workers
1.    Without prejudice to Article 10 of Directive              1.    Without prejudice to Article 10 of Directive
89/391/EEC, employers must ensure that as far as                89/391/EEC, workers and/or their representatives shall
possible workers and/or their representatives receive           be informed of all safety and health measures to be
information particularly on:                                    undertaken pursuant to this Directive.
                                                                Employers must ensure that workers and/or their repre-
                                                                sentatives are given an indication of and wherever
                                                                possible precise information on:
— the weight of a load,                                         — the weight of a load,
— the centre of gravity of the heaviest side when a             — the centre of gravity of the heaviest side when a
     package is eccentrically loaded.                               package is eccentrically loaded.
2.    Without prejudice to Article 12 of Directive              2.    Unchanged
89/391/EEC, employers must ensure that workers
receive in addition proper training and information on
how to handle loads correctly and the risks they might
be open to particularly if these tasks are not performed
correctly, taking account of Annexes I and II.
                           Article 7                            Unchanged
   Consultation of workers and workers' participation
Consultation and participation of workers and/or of
their representatives shall take place in accordance with
Article 11 of Directive 89/391/EEC on the matters
covered by this Directive, including the Annexes thereto.
 ---pagebreak--- N o C 118/18                           Official Journal of the European Communities                                 12. 5. 90
             COMMON POSITION OF THE COUNCIL                                    AMENDED COMMISSION PROPOSAL
                       SECTION III
                 Miscellaneous provisions
                         Article 8                               Unchanged
               Adjustments to the Annexes
Adjustments of a strictly technical nature to Annexes I
and II resulting from technical progress and changes in
international regulations and specifications or knowledge
in the field of the manual handling of loads shall be
adopted in accordance with the procedure provided for
in Article 17 of Directive 89/391 /EEC.
                         Article 9                                                        Article 9
                      Final provisions                                                Final provisions
1.    Member States shall bring into force the laws,              1.   Unchanged
regulations and administrative provisions needed to
comply with this Directive not later than 31 December
1992.
They shall forthwith inform the Commission thereof.
2.    Member States shall communicate to the                     2.    Unchanged
Commission the texts of the provisions of national law
which they adopt or have already adopted in the field
covered by this Directive.
3.    Member States shall report to the Commission               3.   Member States shall report to the Commission
every five years on the practical implementation of the          every two years on the practical implementation of the
provisions of this Directive, indicating the points of view      provisions of this Directive, indicating the points of view
of employers and workers.                                        of employers and workers.
The Commission shall inform the European Parliament,
the Council, the Economic and Social Committee and
the Advisory Committee on Safety, Hygiene and Health
Protection at Work thereof.
4.    The Commission shall report periodically to the            4.    Unchanged
European Parliament, the Council and the Economic
and Social Committee on the implementation of the
Directive in the light of paragraphs 1, 2 and 3.
                         Article 10                              Unchanged
This Directive is addressed to the Member States.
 ---pagebreak--- 12. 5. 90                                   Official Journal of the European Communities                                  N o C 118/19
                 COMMON POSITION OF THE COUNCIL                                         AMENDED COMMISSION PROPOSAL
                              ANNEX      I                                                            ANNEX   I
                     REFERENCE FACTORS                                                      REFERENCE FACTORS
             (Articles 3 (2), 4 (a) and (b), and 6 (2))                             (Articles 3 (2), 4 (a) and (b), and 6 (2))
1. Characteristics of the load                                         1. Characteristics of the load
   The manual handling of a load             may present     a risk       The manual handling of a load may present a risk of muscu-
   particularly of back injury if it is:                                  loskeletal injury if it is:
   — too heavy or too large,                                              — Unchanged
   — unwieldy or difficult to grasp;                                      — Unchanged
   — unstable or has contents likely to shift,                            — Unchanged
   — positioned in a manner requiring it to be held or                    — Unchanged
       manipulated at a distance from the trunk, or with a
       bending or twisting of the trunk,
   — likely, because of its contours and/or consistency, to               — Unchanged
       result in injury to a worker, particularly in the event of a
       collision.
2. Physical effort required                                           2. Physical effort required
   A physical effort may present a risk particularly of back              A physical effort may present a risk of musculoskeletal injury
   injury if it is:                                                       if it is:
   — too strenuous,                                                       —    Unchanged
   — only achieved by a twisting movement of the trunk,                   —    Unchanged
   — likely to result in a sudden movement of the load,                   —    Unchanged
   — made with the body in an unsuitable posture.                         —    Unchanged
3. Characteristics of the working environment                         3. Characteristics of the working environment
   The characteristics of the work environment may increase a             The characteristics of the work environment may increase a
   risk particularly of back injury if:                                   risk of musculoskeletal injury if:
   — there is not enough room to carry out the activity,                  — there is not enough room, particularly headroom, to
                                                                               carry out the activity,
   — the floor is uneven, thus presenting tripping hazards, or is         —    Unchanged
       slippery in relation to the worker's footwear,
   — the place of work or the working environment prevents                —    Unchanged
       the handling of loads at a safe height with good posture
       by the worker,
   — there are variations in the level of the floor or the                —    Unchanged
       working surface, requiring the load to be manipulated on
       different levels,
   — the floor or foot-rest is unstable,                                  —    Unchanged
   — the temperature         and    humidity  or   ventilation  are       —     Unchanged
       unsuitable.
 ---pagebreak--- N o C 118/20                                 Official Journal of the European Communities                                     12. 5. 90
                  COMMON POSITION OF THE COUNCIL                                         AMENDED COMMISSION PROPOSAL
4. Requirements of the activity                                        4. Requirements of the activity
   The activity may present a risk particularly of back injury if         The activity may present a risk of musculoskeletal injury if it
   it entails one or more of the following requirements:                  entails one or more of the following requirements:
   — over-frequent or over-prolonged physical effort involving            —   Unchanged
        in particular the spine,
   — an insufficient bodily rest or recovery period,                      —   Unchanged
   — excessive lifting, lowering or carrying distances,                   —   Unchanged
   — a rate of work imposed by a process which cannot be                  —   Unchanged
        altered by the worker.
                              ANNEX     II                             Unchanged
                        Individual risk factors
                        (Articles 5 and 6 (2))
The worker may be at risk if he/she:
— is physically unsuited to carry out the task in question,
— is wearing unsuitable clothing, footwear or other personal
    effects,
— does not have adequate or appropriate knowledge               or
    training.