CELEX: 51989PC0624
Language: en
Date: 1989-12-15
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 89/392/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MACHINERY

17.2.90                                   Official Journal of the European Communities                                 No C 37/5
                                                                   II
                                                           (Preparatory Acts)
                                                      COMMISSION
               Proposal for a Council Directive amending Directive 89/392/EEC on the approximation of the
                                          laws of the Member States relating to machinery
                                                    COM(89) 624 final - SYN 233
                                        (Submitted by the Commission on 21 December 1989)
                                                             (90/C 37/06)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas it is necessary to provide for transitional
                                                                       arrangements to allow manufacturers to place on the
                                                                       market and into service machinery manufactured
 Having regard to the Treaty establishing the European                 immediately before the date of application of the
 Economic Community, and in particular Article 100a                    Directive;
 thereof,
                                                                       Whereas certain equipment or machinery covered by
                                                                       existing Directives come within the scope of this
 Having regard to the proposal from the Commission,
                                                                       Directive; whereas it is preferable to have one single
                                                                       Directive to cover all equipment, whereas therefore it is
                                                                       desirable that the relevant existing Directives be repealed
 In cooperation with the European Parliament,                          on the date of this Directive,
 Having regard to the opinion of the Economic and                      HAS ADOPTED THIS DIRECTIVE:
 Social Committee,
                                                                                                   Article 1
 Whereas machinery entailing specific risks due either to
 its mobility or its ability to lift loads, or to both of these        Directive 89/392/EEC is hereby amended as follows:
 phenomena together, must satisfy both the general health
 and safety reguirements set out in Council Directive
 89/392/EEC (') and the health and safety requirements                  1. The following paragraph is added to Article 1 (2):
 relating to those specific risks;
                                                                            ' "Machinery"        also      means    interchangeable
Where it is unnecessary to provide for certification                       equipment which is placed on the market for the
procedures for those types of machinery other than those                   purpose of being assembled with a machine or a
initially provided for in Directive 89/392/EEC;                            series of different machines or to a tractor by the
                                                                           operator himself in so far as this equipment is not a
                                                                           spare part or a tool.'
Whereas prescribing supplementary health and safety
requirements for the specific risks due to mobility and
                                                                        2. The first indent of Article 1 (3) is deleted.
the lifting of loads can be effected by amending
Directive 89/392/EEC to include these complementary
provisions; whereas this amendment can be used to
correct certain imperfections in the essential health and               3. The second indent of Article 1 (3) is replaced by the
safety requirements applying to all machinery;                             following:
                                                                           '— Lifting equipment designed and constructed for
                                                                                raising persons where the height of a possible
(') OJ No L 183, 29. 6. 1989, p. 9.                                             fall is 2 metres or more.'
 ---pagebreak--- No C 37/6                                 Official Journal of the European Communities                                 17. 2. 90
 4. The following is added to the third indent of Article                'Furthermore, Member States may allow the placing
     1(3):                                                               on the market and/or the putting into service of
                                                                         machinery in conformity with the regulations in
                                                                         force in their territory, to 31 December 1992 for a
     'unless it is a machine used for lifting loads.'                    period extending:
                                                                         (a) to 31 December 1994 for machinery to which
 5. The following indents are added to Article 1 (3):                         the essential health and safety requirements of
                                                                              points 1 and 2 of Annex I apply;
     '— means of transport, i.e. vehicles and their trailers             (b) to 31 December 1996 for machinery to which
           destined solely for the transport of persons                       the essential health and safety requirements of
           and/or goods in the air or on the public                           points 3 and 4 of Annex I apply in addition to
           networks by road, rail or water; by assimilation,                  the essential health and safety requirements of
           chassis, hulls, etc., self-propelled or otherwise,                 points 1 and 2 of Annex I.'
           equipped for one or more machine(s) such as
           defined in paragraph 1 shall be considered as
           means of transport,                                       9. The following point is added to point 1 of Annex I:
      — cableways, cablecars, chair lifts, ski-lifts and                 '1.6.5. Cleaning of internal parts
           other similar machines designed and constructed
           for the public transport of persons,                                  It must be possible to clean internal parts of
                                                                                 machinery which have contained dangerous
                                                                                 products without       entering them; any
      — agricultural and forestry tractors, as defined in                        necessary unblocking must also be possible
           Article       1 (1)     of    Council      Directive                  from the outside.'
           74/150/EEC ('); all tractors fitted with a
           three-point attachment for hitching implements
           shall be considered as designed and constructed          10. The following is added to point 1.3.7 of Annex I:
           for agricultural and forestry purposes,
                                                                         'All necessary steps must be taken to prevent
                                                                        accidental blockage of moving parts involved in the
      — machines specially conceived and constructed
                                                                        work. If, despite the precautions taken, a blockage
           for the armed forces or the police.
                                                                        occurs, the instruction manual and possibly a sign on
                                                                        the machinery should give the requisite instructions
                                                                        for safe unblocking.'
     O OJ No L 84, 28. 3. 1974, p. 10.'
                                                                    11. The following is added to point 1.7.0 of Annex I:
6. In Article      2 (3), '. .. which does not conform to the
    provisions      in force provided. . .' is replaced by              'Where the health and safety of exposed persons
    '. . . which   does not conform to the provisions of this           may be endangered by a fault in the operation of
    Directive,    provided . . .'                                       unsupervized machinery, the machinery must be
                                                                        equipped to give a suitable warning.'
7. The following paragraph is added to Article 8:                   12. The following is added to point 1.7.3 of Annex I:
    '7.      The obligations laid down in paragraph 6 shall             'Where a machine part must be handled with lifting
    not apply to persons who assemble on a machine or                   equipment, its weight must be indicated legibly and
    tractor interchangeable equipment as provided for in                indelibly.
    Article 1, provided that each of the constituent parts
    of the assembled machine bears the EC mark and is
    accompanied by the EC declaration of conformity.'                   The interchangeable equipment provided          for in
                                                                        Article 1 should bear the same information.'
8. The following subparagraph is added to Article                   13. The text set out in Annex I to this Directive is added
    13(1):                                                              to Annex I.
 ---pagebreak---  17.2.90                                 Official Journal of the European Communities                                No C 37/7
 14. The following indents are added to Annex II (B),              — Council Directive 86/296/EEC of 26 May 1986 on
      between the second and third indents:                            the approximation of the laws of the Member States
      '— where appropriate, name and address of the                     relating to falling-object protective structures for
                                                                        certain construction plants (4),
           notified body and the number of the EC-type
           examination certificate,
                                                                   — Council Directive 86/663/EEC of 22 December 1986
       — where appropriate, the name and address of the                on the approximation of the laws of the Member
           notified body to which the file has been                    States relating to self-propelled industrial trucks (5),
           forwarded in accordance with the first indent of
           Article 8 (2) (c),
                                                                   — Commission Directive 89/240/EEC of 16 December
       — where appropriate, the name and address of the                 1988 adapting to technical progress Council Directive
           notified body which has carried out the verifi-              86/663/EEC on the approximation of the laws of the
           cation referred to in the second indent of Article          Member States relating to self-propelled industrial
           8 (2) (c),                                                  trucks (').
       — where        appropriate,     a reference    to   the
           harmonized standards.'                                                             Article 3
 15. The text set out in Annex II to this Directive is              1.    Member States shall adopt and publish the laws,
      added to Annex IV.                                           regulations and administrative provisions necessary in
                                                                   order to comply with this Directive by 1 January 1992 at
                              Article 2                            the latest. They shall forthwith inform the Commission
The following Directives are hereby repealed:                      thereof.
— Council Directive 73/361/EEC of 19 November                      They shall apply these provisions with effect from 31
     1973 on the approximation of the laws, regulations            December 1992.
     and administrative provisions of the Member States
     relating to the certification and marking of wire
                                                                   The provisions adopted pursuant to the first
     ropes, chains and hooks ('),
                                                                   subparagraph shall make express reference to this
— Commission Directive 76/434/EEC of 13 April 1976                 Directive.
     adapting to technical progress the Council Directive
    of 19 November 1973 on the approximation of the
                                                                   2.     Member States shall communicate the texts of the
    laws of the Member States relating to the certifi-
                                                                   provisions of national law which they adopt in the field
    cation and marking of wire ropes, chains and
                                                                   covered by this Directive to the Commission.
    hooks (2),
— Council Directive 86/295/EEC of 26 May 1986 on
    the approximation of the laws of the Member States                                        Article 4
    relating to rollover protective structures (ROPS) for          This Directive is addressed to the Member States.
    certain construction plants (3),
(') OJ No L 335, 5. 12. 1973, p. 51.                               (4) OJ No L 186, 8. 7. 1986, p. 10.
(2) OJ No L 122, 8. 5. 1976, p. 20.                                (') OJ No L 384, 31. 12. 1986, p. 12
(5) OJ No L 186, 8. 7. 1986, p. 1.                                 (') OJ No L 100, 12. 4. 1989, p. 1.
 ---pagebreak--- N o C 37/8                              Official J o u r n a l of the E u r o p e a n Communities                      17. 2. 90
                                                                 ANNEX      1
           Annex I to Council Directive 89/392/EEC of 14 June 1989 is completed by the following:
           '3.      ESSENTIAL HEALTH AND SAFETY REQUIREMENTS T O OFFSET T H E PARTICULAR
                     HAZARDS DUE T O T H E MOBILITY OF MACHINERY
                     In addition to the essential health and safety requirements given in points 1 and 2, machinery
                     presenting hazards due to mobility must be designed and constructed to meet the following
                    requirements.
                     Risks due to mobility always exist in the case of machinery which is self-propelled, towed or
                    pushed or carried by other machinery or tractors, is operated in working areas and its operation
                    requires either mobility while working, be it continuous or semi-continuous movement, between a
                    succession of fixed working positions.
                    Risks due to mobility may also exist in the case of machinery operated without being moved, but
                    equipped in such a way as to enable it to be moved more easily from one place to another
                    (machinery fitted with wheels, rollers, runners, etc. or placed on gantries, trolleys, etc.).
            3.1.    General remarks
            3.1.1.    Definition
                    "Driver" means an operator responsible for the movement of machinery. The driver may be trans-
                    ported by the machinery; he may be on foot, accompanying the machinery; or he may be guiding
                    the machinery by remote control (cables, radio, etc.).
           3.1.2.    Lighting
                    If the manufacturer envisages use at night or in dark places, self-propelled machinery must be
                    fitted with lighting appropriate to the work to be carried out, without prejudice to any other
                    regulations applicable (highway code, navigation rules, etc.).
                   The requirements of the third paragraph of section 1.1.4. do not apply to machinery intended
                   solely for underground work.
           3.1.3.   Design of machinery to facilitate its handling
                   During the handling of the machine and/or its parts, there must be no possibility of sudden
                   movements or of hazards due to instability as long as the machine and/or its parts are handled in
                   accordance with the manufacturer's instructions.
           3.2.    Workstations
           3.2.1.  Driving position
                   The driving position must be designed with due regard to the principles of ergonomics. There may
                   be two or more driving positions and, in this case, each driving position must be provided with all
                   the requisite controls. Where there is more than one driving position, the machinery must be
                   designed so that the use of one of them precludes the use of the others, except in emergency
                   stops. Visibility from the driving position must be such that the driver can operate the mobile
                   machinery and its tools in the intended conditions of use in complete safety for himself and the
                   exposed persons. Where necessary, optical aids must be provided to remedy inadequate direct
                   vision.
                   Machinery must be so designed and constructed that, from the driving position, there can be no
                   accidental contact between the wheels or tracks and the driver and operators.
 ---pagebreak--- 17. 2. 90                            Official J o u r n a l of the E u r o p e a n Communities                             N o C 37/9
                 The driving position must be designed and constructed so as to avoid any health risk due to
                  exhaust gases and/or lack of oxygen.
                  The driving position of ride-on drivers must be so designed and constructed that a driver's cab
                  may be fitted as long as there is room. The driving position must always be fitted with a cab
                  where the prescribed conditions of use so require, particularly where a hazard exists due to gas,
                  liquids, dust, vapour or aerosols.
                  Where the machinery is fitted with a cab, this must be designed, constructed and/or equipped to
                  ensure that the driver enjoys good operating conditions and is protected against any hazards that
                  might exist (e.g. heating, ventilation, visibility, noise reduction, protection against falling objects,
                  incoming of objects or rollover, etc.). The exits must allow rapid evacuation. Moreover, an
                  emergency exit must be provided in a direction which is different from the usual exit.
                  The materials used for the cab and its fittings must be fire-resistant.
          3.2.2.   Seating
                  The driving seat of any machinery must keep the driver in a stable position and be designated with
                  due regard to the principles of ergonomics.
                  The seat must be designed to reduce vibrations transmitted to the driver to the lowest level that
                  can be reasonably achieved.
                 Where machinery is fitted with a rollover protection structure, the seat must be equipped with a
                  safety belt or equivalent device which keeps the driver in his seat without restricting any
                  movements necessary for driving or any movements caused by the suspension. The seat mountings
                  must withstand all stresses to which they can be subjected, notably in the event of rollover. Where
                  there is no floor beneath the seat, the driver must have footrests covered with a non-slip material.
          3.2.3.  Other places
                  If operators other than the driver are occasionally or regularly transported by the machinery, or
                 work on it, appropriate places, preferably equipped with seats, must be provided to transport them
                 or to allow them to work without risk, particularly the risk of falling.
          3.3.    Controls
          3.3.1.  Control devices
                 The driver must be able to operate all control devices required to operate the machinery from the
                 driving position, except for functions which can be safely activated only by using control devices
                 located away from the driving position. This refers in particular to working positions other than
                 the driving position, for which operators other than the driver are responsible or for which the
                 driver has to leave his driving position in order to carry out the manoeuvre in complete safety.
                 Where there are pedals they must be so designed, constructed and fitted as to allow operation
                 without any risk of confusion; they must have a non-slip surface and be easy to clean.
                 Where their operation can lead to hazards, notably dangerous movements, the machinery's
                 controls, except for those with preset positions, must return to the neutral position as soon as they
                 are released by the operator.
                 In the case of wheeled machinery, the steering system must be designed to reduce the force of
                 sudden movements of the steering wheel or steering lever caused by shocks to the guide wheels.
                 Any control that locks the differential must be so designed and arranged that it allows the
                 differential to be unlocked when the machinery is moving.
                 The accelerator and brake controls for the movement of mobile machinery running on rails for
                 use in underground mines must be manual. The deadman's control may be foot-operated,
                 however.
                 The control devices of powered roof supports must be designed and laid out so that during
                 displacement operations operators are sheltered by a support in place. The control devices should
                 be protected against any accidental release.
 ---pagebreak--- ^oC^^O                          C^fhc^l]o^rn^lofrli^Euro^^nCornrnun^n^                                                 ^ ^ ^ 0
           ^elf-propelled machinery must be so equipped as to avoid unauthorized starting
           Controlled movements of self-propelled machinery w i t h a n d e - o n driver must only be possible if
           the driver is in his driving position
           Movements of pedestrian-controlled self-propelled machinery must only be possible through
           sustained action on the relevant control by the driver
           ^ithoutpre^udice t o t h e p r o v i s i o n s o f roadtrafficregulations, self-propelled machinery and its
           trailers must meet the requirements for slowing down, stopping bracing and immobilization so as
           to ensure safety under all the operating, loading, speed, ground and gradient conditions regarded
           bv the manufacturer as situations usually encountered
           The driver must be able to slowdown and stop self-propelled machinery by means of a main
           device ^ h e r e safety so requires in the e^ent of failure of the main device,afully independent and
           easilv^cessible emergency device must be provided for slowing down and stopping
           ^ h e r e safety so requires, a parking device must be provided to l^eep stationary machinery
           immobile This device may be combined with one of the devices referred to in the preceding
           paragraph
           demote controlled machinery must be designed and constructed to stop automatically if the driver
           loses control
           ^elfpropelledmachinery running on rails for usemundergroundworl^ must be equipped w i t h a
           deadman^scontrol acting on the circuit controlling the movement of the machinery
           M t h e case of pedestrian-controlled machinery,it must be possible to actuate the reversing control
           only if no nsl^ is involved
           M t h e case of pedestrian-controlled self-propelled machinery witharear-mounted rotary tool,it
           must be possible to engage the reversing control only after disengaging the tools if,however,the
           machmeis propelled by the tool,the revering speed must be such that it does not endanger the
           driver
           f^ailureof power-assistedsteenng, wherefitted, must notprevent machinery frombeingsteered
           during the time required to parl^ it i n a s a f e place
       ^^   ^rotecnoo^^st^ec^^c^t^^rds
          lowered roof supports must be so designed and constructed as to mamtainagiven direction when
          moving and not to slip before and while they come under load and after the load has been
          removed They must bee^uippedwith anchorages for the topplatesoftheindividualhydraulic
          props
          ^ h e n a part of a machine has been stopped, any drift away from the stopping position, for
          whatever reason other than action at the controls,must be such that it is n o t a h a z a r d to exposed
          persons
          Machinery must be so designed and constructed as to ensure that the amplitude of movement of
          its centre of gravity does not affect its stability or does not exert excessive strain on its structure
 ---pagebreak--- 17. 2. 90                              Official Journal of the European Communities                                       N o C 37/11
           3.4.3.  Risk of break-up during operation
                   Parts of machinery rotating at high speed which, despite the measures taken, may break up or
                   disintegrate, must be mounted and guarded in such a way that breakage of their fragments will be
                   contained or, failing this, cannot be projected towards the driving and/or operating positions.
           3.4.4.    Rollover
                   Where, in the case of self-propelled machinery with a ride-on driver and possibly ride-on
                   operators, there is a risk of rolling over, the machinery must be designed for and be fitted with
                    anchorage points allowing it to be equipped with a rollover protective structure (ROPS).
                   This structure must be such that in case of rolling over it guarantees the ride-on driver and
                   possibly the ride-on operators an adequate deflection-limiting volume (DLV).
                   Anchoring points on which a rollover protection structure is to be mounted must be present on
                   the following machines, for which this risk is always there:
                   — hydraulic excavators on tracks or wheels,
                   — loaders on tracks,
                   — dumpers,
                   — all machines capable of manoeuvring on slopes greater than or equal to 30°.
          3.4.5.   Falling objects
                   Where, in the case of self-propelled machinery with ride-on operators, there is a risk due to
                   falling objects, the machinery should be designed for, and fitted with, if its size allows, anchorage
                   points allowing it to be equipped with a falling-object protective structure (FOPS).
                   This structure must be such that in the case of falling objects or material, it guarantees the ride-on
                   operators an adequate deflection-limitation volume (DLV).
          3.4.6.   Falls from means of access
                   Particular attention must be paid to the principles of ergonomics when designing the means of
                   access to driving positions and other workstations.
                   If handholds have to be provided, it must not be possible for controls to be used as supports or
                   handholds.
                   Powered roof supports must allow for unhindered movement of exposed persons.
          3.4.7.   Towing devices
                  All machinery used to tow or to be towed must be fitted with towing or coupling devices
                  designed, constructed and arranged to ensure easy and safe connection. In particular, machinery
                  fitted with a towbar must be equipped with a device to prevent the towbar from disconnecting and
                  to support it or, where appropriate, with a device allowing automatic recovery of the towbar by
                  the towing vehicle.
                  Where the manufacturer has provided for the machinery to be used on soft ground, the towbar
                  support must have a bearing surface designed, on the basis of the mass applied, to rest on such
                  ground.
          3.4.8.   Transmission of power between self-propelled (or tractors) and recipient machinery
                  Transmission shafts with universal joints linking self-propelled machinery (or tractors) to the first
                  fixed bearing of recipient machinery must be guarded on the self-propelled machinery side and
                  the recipient machinery side over the whole length of the shaft and associated universal joints.
 ---pagebreak--- No C 37/12                             Official Journal of the European Communities                                       17. 2. 90
                  On the side of the self-propelled machinery or tractor, the power take-off to which the trans-
                   mission shaft is attached must be guarded either by a screen fixed to the self-propelled machinery
                   (or tractor) or by any other device offering equivalent protection. On the towed machinery side,
                   the input shaft must be enclosed in a protective casing fixed to the machinery.
                   Except in special cases (such as very short shafts) torque limitators or flywheels may be fitted to
                   universal joint transmissions only on the side adjoining the driven machine.
                  All towed machinery whose operation requires a transmission shaft to connect it to self-propelled
                   machinery or a tractor must have a system for attaching the transmission shaft so that when the
                   machinery is uncoupled the transmission shaft and its guard are not damaged by contact with the
                   ground or part of the machinery.
                  The outside parts of the guard must be so designed, constructed and arranged that they cannot
                   turn with the transmission shaft. The guard must cover the transmission shaft to the ends of the
                   inner jaws in the case of simple universal joints and at least to the centre of the outer joint or
                  joints in the case of 'wide angle' universal joints.
                   Manufacturers providing means of access to working positions near to the universal joint trans-
                   mission shaft, must ensure that shaft guards as described in the preceding paragraph cannot be
                   used as steps.
           3.4.9. Moving transmission parts
                  In the case of heat engines, removable guards preventing access to the engine compartment need
                  not have locking devices if they have to be opened either by the use of a tool or key or by a
                  control located in the driving position if the latter is in a fully enclosed cab with a lock to prevent
                   unauthorized access.
           3.5.   Protection against other hazards
           3.5.1.  Electricity supply
                  The battery housing must be so constructed and located as to avoid as far as possible the chance
                  of electrolyte being ejected on to the operator in the event of rollover and/or to avoid the accu-
                  mulation of vapours in places occupied by operators.
                  Machinery must be designed and constructed so that the battery can be disconnected.
           3.5.2. Fire
                  Depending on the hazards anticipated by manufacturer when in use, machinery must be fitted,
                  where its size permits, with:
                  — either mountings allowing easily accessible fire extinguishers to be fitted,
                  — or built-in extinguisher systems. Such systems are compulsory for machinery which is highly
                      flammable and meant for use in underground working.
                  The braking system of machinery meant for use in underground working must be designed and
                  constructed so as not to produce sparks or cause fires.
                  Machinery with heat engines for use in underground working must be fitted only with internal
                  combustion engines using fuel with a low vaporizing pressure.
           3.5.3. Emissions of dust, gases, etc.
                  Where such hazards exist, the containment equipment provided for in Section 1.5.13 may be
                  replaced by other means, for example, precipitation by water spraying. If the products are
                  dangerous, they may not be discharged untreated.
                  Exhaust gases from internal combustion engines of machinery intended for use in underground
                  workings must not be discharged upwards.
 ---pagebreak--- IB^O                       C^f^c^l]ourn^of         rr^^Euror^^nC^ornrnun^n^                                  ^oC^^B^
     ^D t^d^^DOS
        machinery must have meansof signalling andBor instructionplatesconcerning use, adjustment
        and maintenance,wherever necessary,to ensure thehealth and safetyof exposed persons They
        must be chosen designed and constructed in s u c h a w a y as to be clearly visible and indelible
        Without prejudice to the requirements to be observed for travelling on the public highway,
        machiner^withande^on driver must have the following equipment
        — an acoustic warning device to alert exposed andBor third persons,
        — a svstem of light signals relevant to the intended conditions of use such as stop lamps,
             reversing lamps and rotating beacons The latter requirement does not apply to machmerv
             intendedsolehD for underground wording and having no electrical power
        demote controlled machinery which under normal conditions of use exposespersons to impact
        hazardsmust befitted with appropriate means to signal its movements or with means to protect
        exposed persons against such hazards The same applies to machinery which involves, when in
        use, the constant repetition ofaforward and backward movement o n a s m g l e axis where the bacl^
        of the machine is not directly visible to the driver
        machinery must be so constructed that t h e ^ a r n i n g and signallmgdevices cannot allbe disabled
        intentionally Where this is essentialfor safety, such devices mustbe provided with facilities to
        chect^th^tthe^ are in good wording order,failmg which it must be apparent to the operator
        Where the movement of machinery or its tools is hazardous, signs on the machinery m u s t b e
        provided to warn against approaching the machinery while it is wording, the signs must be legible
        atasufficient distance to ensure the safety of persons who have to be in the vicinity
        The minimum requirements set out intB^^should be supplemented by the following
        — power expressed i n ^ W ,
        — mass in l^g, of the most usual configuration and, where appropriate,
        — maximum permissible tensile stress at the coupling h o o ^ m ^ ,
        — maximum permissible vertical load on the coupling h o o l ^ , m ^
        The minimum requirements set out in s e c t i o n t ^ ^ must be supplemented as follows
        — the weighted root mean square accelerationtowhich the arms are subjected, if it e x c e e d s ^
             mBs^as determined by the appropriate test code,where the acceleration does not e x c e e d s
             mBs^ this must be mentioned,
        — the weighted root mean square acceleration value to which the body (^feet or posteriory is
             ^ub^ected, if it exceeds 0,^ ^ B ^ ^ determined by the appropriate test code, where the
             acceleration does not exceed 0,^Bs^, this must be mentioned
        The vibration must be measured using the most appropriate system of measurement for the
        machineryconcerned The manufacturer must indicate the operating conditions of the machinery
        during measurement and which methods were used for taking the measurements
        In thecaseofmachineryallowmg several uses d e p e n d m g o n t h e equipment used, manufacturers
        of basic machinery to which interchangeable equipment may be attached and manufacturers of the
        interchangeable equipment must provide the necessary informationto enable the equipment to be
        fitted and used safelv
 ---pagebreak--- No C 37/14                                  Official Journal of the European Communities                                  17. 2. 90
           4.       ESSENTIAL HEALTH AND SAFETY REQUIREMENTS T O OFFSET T H E PARTICULAR
                    HAZARDS DUE T O A LIFTING OPERATION
                    In addition to the essential health and safety requirements given in points 1, 2 and 3, machinery
                    presenting hazards due to lifting operations — mainly hazards of loadfalls and collisions or
                    hazards of tipping caused by a lifting operation — must be designed and constructed to meet the
                    following requirements.
                     Risks due to a lifting operation always exist in the case of machinery designed to move a unit load
                     involving a change in level during the movement. The load may consist of objects, materials or
                    goods.
           4.1.     General remarks
           4.1.1.     Definitions
                     (a) In this point 4, a distinction is made between machinery performing the effort (called
                          commonly lifting appliances) and lifting accessories, which are the components or equipment
                          placed between the lifting appliance and the load or on the load in order to attach it.
                     (b) "guided load"
                          Load where the total movement is made along rigid or flexible guides, whose position is
                          determined by fixed points.
                    (c) "working coefficient"
                          Arithmetic ratio between the load guaranteed by the manufacturer beyond which an accessory
                          is incapable of holding it and the maximum working load marked on that accessory.
                    (d) "overload test"
                          Test during which the lifting appliance or the lifting accessory is subjected to a force corre-
                          sponding to the maximum working load multiplied by a coefficient laid down in point 4.1.2.3
                          and then inspected once the said load has been released.
           4.1.2.   Protection against mechanical hazards
           4.1.2.1. Lack of s t a b i l i t y
                    Lifting appliances must be so designed and constructed that the stability required in point 1.3.1, is
                    also maintained during overload tests when carried out in accordance with the instruction
                    handbook.
           4.1.2.2. G u i d e rails and rail t r a c k s
                    Devices to be provided on the guide rails or rail tracks must prevent derailment or, if this is not
                    possible, prevent equipment, components or load from falling or overturning following the failure
                    of a guided or running component following derailment.
           4.1.2.3. S t r e n g t h
                    Lifting appliances and their removable components and accessories must be capable of with-
                    standing the stresses to which they are subjected, both in and, where applicable, out of use, under
                    the installation and operating conditions provided for by the manufacturer, and in all possible
                    configurations during transport, assembly and dismantling, with due regard, where appropriate, to
                    the effects of atmospheric factors and forces exerted by persons.
                    The constituent parts of the lifting appliances must be sized with due regard to fatigue processes
                    in accordance with the specified life in the operating conditions specified for a given application.
                    The materials used must be chosen on the basis of the working environments provided for by the
                    manufacturer, with special reference to corrosion, abrasion, cold brittleness and ageing.
                    The lifting appliances and accessories not intended for the transport of persons must be designed
                    and constructed to withstand the overload in the static tests without permanent deformation or
                    visible damage. The calculation must take account of the values given in the harmonized
                    standards, or in their absence, the following values:
                    (a) manually operated lifting accessories and lifting appliances:
                         the test load must be 1,5 times the maximum working load;
 ---pagebreak--- 17. 2. 90                                     Official J o u r n a l of the E u r o p e a n Communities                   No C 37/15
                    (b) other lifting appliances:
                         the test load must be 1,25 times the maximum working load.
          4.1.2.4. P u l l e y s , d r u m s , c h a i n s or cables
                    Pulleys, drums and wheels must have a diameter commensurate with the size of cables or chains
                    with which they can be fitted.
                    Drums and wheels must be so designed, constructed and installed that the cables or chains with
                    which they are equipped can wind round without falling off.
                    Cables, used directly for lifting or supporting the load shall not include any splicing other than at
                    their ends (splicings are to treated in installations which are intended from their design to be
                    modified regularly in function of needs for use). Complete cables and their endings shall have a
                    safety coefficient fixed by harmonized standards or failing that one of at least 5.
                    Lifting chains shall have a safety coefficient fixed by harmonized standards, or failing that, one of
                    at least 4.
          4.1.2.5. S e p a r a t e lifting a c c e s s o r i e s
                    Separate lifting accessories are accessories which are not attached to an item of lifting appliances
                    and help to make up or use a slinging device, such as eyehooks, shackles, rings, eyebolts, lifting
                    beams, etc. Metallic lifting accessories must be sized with due regard to fatigue and aging
                    processes for a number of operating cycles, consistent with their expected life-span.
                    Moreover:
                    (a) the group cable and its end must have a safety coefficient consistent with the harmonized
                         standards or, falling that, one of at least 5. Cables must not comprise any splices or loops
                         other than at their ends;
                    (b) the lifting chains must be with welded short links and have a safety coefficient consistent with
                         the harmonized standards, or failing that of at least 4;
                   (c) the cables or textile slings must be chosen with safety coefficients dependent on the material,
                         the method of manufacture, the dimensions and the use. This coefficient, fixed by harmonized
                         standards, must never be lower than 7.
                         They must not include any knots or splicing other than at their ends.
                         Cables and textile slings made up entirely of cotton and polyethylene are not authorized for
                         these purposes;
                   (d) all metallic components making up, or used with, a sling must have a safety coefficient fixed
                         by harmonized standards, or failing that, one of at least 4.
                   (e) the safety coefficient of a multi-strand sling must be the product of the following three
                         parameters:
                         — the safety coefficient of the weakest strand,
                        — the number of strands,
                        — a reduction factor which depends on the slinging method.
          4.1.2.6. C o n t r o l of m o v e m e n t s
                   Devices for controlling movements must act in such a way that the lifting appliance on which they
                   are installed is kept safe:
                   (a) lifting appliances must be so designed or fitted with devices that the amplitude of movement
                        of its components is kept within the specified limits;
                   (b) where several installed appliances can be manoeuvred simultaneously in the same space, with
                        risks of interference, the lifting appliance must be designed and constructed in such a way as
                        to make for fitting with systems enabling these risks to be avoided;
                   (c) the mechanisms of lifting appliances must be so designed and constructed that the loads
                        cannot drift dangerously or fall freely and unexpectedly, even in the event of partial or total
                        failure of the power supply or when the operator stops;
                   (d) it must not be possible, under normal operating conditions, to lower the load solely by friction
                        brake;
 ---pagebreak--- No C 37/16                                      Official J o u r n a l of the E u r o p e a n Communities                17. 2. 90
                      (e) gripping devices intended for use above unprotected working places or passages must be so
                           designed and constructed that inadvertent unhooking of the loads is avoided.
            4.1.2.7. H a z a r d s d u e to the l o a d s h a n d l e d
                      The operating station of lifting appliances must be positioned in such a way that the view of
                      trajectories of the moving parts is maximized, with an eye to possible collisions with persons or
                      equipment liable to constitute a hazard.
                      Machines with guided loads fixed in one place must be fitted with devices preventing exposed
                      persons from knocking into the load or the counterweights.
            4.2.      Special requirements for lifting appliances whose power source is other than manual effort
            4.2.1.     Controls
            4.2.1.1. O p e r a t i n g s t a t i o n
                      The requirements of point 3.2.1 must also apply to non-mobile lifting appliances.
            4.2.1.2. S e a t i n g
                     The requirements of point 3.2.2 must also apply to non-mobile lifting appliances.
           4.2.1.3. C o n t r o l devices
                     The devices controlling movements of the appliance or its equipment must return to their neutral
                     position as soon as they are released by the operator.
                      However, for partial or complete movements, in which there is no risk of the load colliding, the
                     above devices may be replaced by controls authorizing automatic stops at preselected levels
                     without holding a hold-to-run control device.
           4.2.1.4. L o a d i n g c o n t r o l
                     Lifting appliances and lifting appliances with a maximum working load of not less than 500 kg
                     and an overturning moment of not less than 2 000 mkg must be fitted with devices enabling the
                     prevention of risks of:
                     — overloading the lifting appliances:
                          —       either as a result of loads being exceeded,
                          — or as a result of the moments due to the loads being exceeded,
                     — overturning as a result of the stability moments due to the lifted load being exceeded.
           4.2.2.    Installation guided by cables
                     Cable carriers, tractors or tractor carriers must be held by counterweights or by a device allowing
                     permanent control of the tension.
           4.2.3.    Risk of fall for operators. Means of access to operating station and intervention points
                     Machinery with guided loads must be equipped with devices to prevent any risk of exposed
                     persons falling.
           4.2.4.    Hazards due to lightning
                     Lifting appliances in need of protection against the effects of lightning must be fitted with a
                     system for conducting the resultant electrical charges to earth.
           4.3.      Marking
           4.3.1.    Chains and cables
                     Each length of lifting chain or metallic lifting cable must bear a mark or, where this is not
                     possible, a plaque or immovable ring bearing the name and address of the manufacturer or his
                     authorized representative established in the Community and the number of the relevant certificate.
 ---pagebreak--- 17. 2 . 9 0                             Official J o u r n a l of the E u r o p e a n Communities                      N o C 37/17
                   The certificate should show the information required by the harmonized standards or, failing that
                    equivalent information.
            4.3.2.  Lifting accessories
                    All lifting accessories must show the following particulars:
                    — identification of the manufacturer,
                    — identification of the material (e.g. international class) where this information is needed for
                         dimensional compatibility,
                    — identification of the maximum working load,
                    — EC mark.
                    In the case of accessories including components such as cables or ropes, on which marking is
                    physically impossible, the foregoing particulars must be displayed on a plate which is securely
                    affixed to the accessory.
                    The particulars must be legible and located in a place where they are not liable to disappear as a
                    result of machining, wear, etc., or jeopardize the strength of the accessory.
            4.3.3.  Machines
                    In addition to the minimum information set out at 1.7.3, each machine must bear, legibly and
                    indelibly, information concerning the load:
                     (i) displayed in uncoded form and prominently on the equipment in the case of equipment which
                         has only one possible value;
                    (ii) where the rated load depends on the way the equipment is set up, each operating station must
                         be provided with a load plate indicating, preferably in diagrammatic form or by means of
                         tables, the maximum working loads for each layout.
                   Machinery equipped with a load support which allows access to persons and involves a risk of
                   falling more than 2 metres must bear a clear and indelible warning prohibiting the lifting of
                   persons. This warning must be visible at each place where access is possible.
            4.4.   Instruction handbook
            4.4.1  Lifting appliances
                   Each lifting accessory shall be accompanied by an instruction handbook setting out at least the
                   following particulars:
                   — normal conditions of use,
                   — instructions for use, assembly and maintenance,
                   — the limit of use, (particularly for the accessories which cannot comply with the point
                         4.1.2.6 (e).
            4.4.2. Lifting equipment
                   (a) The manufacturer must draw particular attention to the following in the instruction
                         handbook:
                   — the technical characteristics of the equipment, and in particular:
                         — where appropriate, a copy of the load table described in point 4.3.2 (ii),
                         — the reactions at the supports or anchors,
                         — where appropriate, the definition and the means of installation of the ballast,
                   — the contents of the logbook, if the latter is not supplied with the equipment,
                   — advice for use, particularly to offset the lack of direct sight of the load by the operator.'
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        ^.nne^lV is completedby the following points
        a^   agricultural machinery of the following types
             — motorized hoes^
             — motorized cultivators
         l^t Machmervfor underground working of the following types
             — machinery on rails locomotives and brake-vans,
             — hydraulic-powered roof supports
         15 Manually-loaded    trucks for the collection of household         refuse incorporating  a compression
             mechanism
         16 Shafts with universal joints for the transmission of power between driving machinery and recipient
             machinery and as guards
         IB Vehicle lifts
         1^ Machinery components
             — internal combustion engines intended for machinery for underground workings
             — cables and end accessories of cables employed directly in lifting and supporting loads^