CELEX: 51989PC0085
Language: en
Date: 1989-03-17
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE CONCERNING THE MINIMUM SAFETY AND HEALTH REQUIREMENTS FOR THE USE BY WORKERS OF MACHINES, EQUIPMENT AND INSTALLATIONS ( SECOND INDIVIDUAL DIRECTIVE FALLING WITHIN THE TERMS OF ARTICLE 16 OF DIRECTIVE... )

26. 4. 89                                    Official Journal of the European Communities                           No C 106/13
                                                                    II
                                                            (Preparatory Acts)
                                                       COMMISSION
             Amended proposal for a Council Directive concerning the minimum safety and health
                      requirements for the use by workers of machines, equipment and installations (')
                    (Second individual Directive falling within the terms of Article 16 of Directive . . .)
                                                      COM(89) 85 final — SYN 125
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 22 March 1989)
                                                              (89/C 106/05)
             (') OJ No C 114, 30. 4. 1988, p. 3 (COM(89) 86 and COM(89) 87 will be published in OJ No C 115,
                 8. 5. 1989).
                     COMMISSION PROPOSAL                                         AMENDED COMMISSION PROPOSAL FOLLOWING
                         COM(88) 75 final                                         THE OPINION OF THE EUROPEAN PARLIAMENT
                     OJ No C 114 of 30. 4. 1988                                             OF 16 NOVEMBER 1988
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 118A
thereof,
Having regard to the Commission proposal drawn up
after consultation with the Advisory Committee for
Safety, Hygiene and Health Protection at Work,
Having regard to the opinion of the Economic and
Social Committee,
In cooperation with the European Parliament,
Whereas Article 118A of the EEC Treaty provides that                    Whereas Article 118A of .the Treaty provides that the
the Council shall issue Directives containing minimum                   Council shall issue Directives containing minimum
requirements designed to encourage improvements,                        requirements designed to encourage improvements,
especially in the working environment, as regards the                   especially in the working environment, to guarantee a
health and safety of workers;                                           better degree of protection for the health and safety of
                                                                        workers;
Whereas Article 118A also recommends that Directives                    Omitted
shall avoid imposing administrative, financial and legal
constraints which would hold back the creation and
development of SMUs;
 ---pagebreak--- No C 106/14                          Official Journal of the European Communities                               26. 4. 89
                    COMMISSION PROPOSAL                                               AMENDED PROPOSAL
Whereas the communication from the Commission on its           Whereas the communication from the Commission on its
programme concerning safety, hygiene and health at             programme concerning safety, hygiene and health at
work provides for the adoption of Directives designed to       work provides for the adoption of a Directive on the use
guarantee the safety and health of workers;                     of work equipment at work;
Whereas the Council resolution of 21 December 1987             Whereas, in its resolution of 21 December 1987
concerning safety, hygiene and health at the workplace          concerning safety, hygiene and health at the workplace,
noted the Commission's intention to present to it in the        the Council noted the Commission's intention to present
near future minimum requirements concerning the safety          to it in the near future minimum requirements relating to
and health of workers at work;                                  the organization of health and safety at the workplace;
Whereas it is incumbent on Member States to ensure the          Omitted
safety and health of persons, in particular workers,
within their national territory;
Whereas the completion of the internal market entails           Unchanged
the drawing up of Directives based on Article 100A, in
accordance with the new approach to harmonization and
standardization, making compliance with essential safety
requirements for the design, manufacture or construction
of products a condition for their sale and free movement
throughout the Community and in view of the fact that
these products include several types of work equipment,
in particular machines;
Whereas the Member States have very different systems           Omitted
of legislation on safety and health at work; whereas
national provisions on the subject, which often include
technical specifications and/or self-regulatory standards,
may result in different levels of safety and health
protection and distort competition;
Whereas compliance with the minimum health and safety           Whereas compliance with the minimum requirements
requirements for the use of work equipment is essential         guaranteeing better safety and health during the use of
to ensure the safety and health of workers and to               work equipment is essential to ensure the safety and
promote fair competition;                                       health of workers and whereas these requirements are
                                                                also essential to promote fair competition;
Whereas there is a need to supplement the Directives            Unchanged
referred to in Article 100A the scope of which is
confined to the initial placing of products on the
Community market, with minimum                requirements
concerning safety and health during the use of all work
equipment;
Whereas this Directive covers the social aspects of the         Unchanged
various technical harmonization Directives designed to
complete the internal market for work equipment;
 ---pagebreak--- 26. 4. 89                           Official Journal of the European Communities                         No C 106/15
                   COMMISSION PROPOSAL                                            AMENDED PROPOSAL
                                                              Whereas this Directive is an individual Directive within
                                                              the meaning of Article 16 of the Directive on the intro-
                                                              duction of measures to encourage improvements in the
                                                              safety and health of workers at the workplace, and
                                                              whereas the provisions of the latter Directive are
                                                              therefore wholly applicable to the use by workers of
                                                              work equipment at the workplace, without prejudice to
                                                              more stringent and/or specific provisions contained in
                                                              this Directive;
Whereas this Directive is designed to protect the safety      Omitted
and health of workers by laying down essential minimum
requirements, without impeding the retention or
institution by each Member State of specific measures for
safer working conditions;
Whereas these requirements should not entail alterations      Whereas the requirements contained in this Directive
to work equipment covered by Community Directives             should not entail alterations to work equipment covered
which concern health and safety aspects of work               by Community Directives which concern health and
equipment design and construction;                            safety aspects of work equipment design and
                                                              construction;
Whereas under Council Directive 83/189/EEC (') of             Whereas under Council Directive 83/189/EEC (') laying
28 March 1983 laying down a procedure for the                 down a procedure for the provision of information in the
provision of information in the field of technical            field of technical standards and regulations Member
standards and regulations Member States are required to        States are required to notify the Commission of any
notify the Commission of any draft technical regulations      draft technical regulations relating to machines,
relating to machines, equipment and installations;             equipment and installations;
Whereas the employers' obligations under the Directive        Omitted
concerning the implementation of measures to encourage
the improvement of the safety and health of workers at
work must be supplemented by special measures for
work equipment;
Whereas it is important to ensure adequate consultation        Omitted
with both sides of industry, and in particular with
workers' organizations, on the technical work relating to
this Directive;
Whereas it is important to encourage cooperation               Omitted
between management and labour with regard to decision
making and measures concerned with the protection of
safety and health at the workplace, at all levels;
Whereas there is a need for a committee to assist the          Omitted
Commission in implementing supplementary measures
provided for by the Directive,
(') OJ No L 109, 26. 4. 1983, p. 8.
 ---pagebreak--- No C 106/16                          Official Journal of the European Communities                                26. 4. 89
                   COMMISSION PROPOSAL                                              AMENDED PROPOSAL
                                                               Whereas under Decision 74/325/EEC ('), the Advisory
                                                                Committee for Safety, Hygiene and Health Protection at
                                                               Work is being consulted by the Commission for the
                                                                purpose of drafting proposals in this field,
HAS ADOPTED THIS DIRECTIVE:                                     HAS ADOPTED THIS DIRECTIVE:
                          Subject                                                          Subject
                         Article 1                                                        Article 1
1.     This Directive, which is an individual Directive         1.    This Directive, which is an individual Directive
within the meaning of Article 13 of Directive . . ., lays       within the meaning of Article 16 of the Directive
down minimum requirements for safety and health and             concerning the implementation of measures to encourage
for the use of work equipment, as defined in Article 2.         the improvement of the safety and health of workers at
                                                                work, lays down minimum requirements for safety and
                                                                health during the use of work equipment, as defined in
                                                                Article 2.
2.     This Directive does not impede the retention or          Omitted
institution by each Member State of more stringent
protection measures for working conditions compatible
with the Treaty.
                                                                2.    This Directive applies to work equipment used at
                                                                the workplace. It constitutes a supplement to the Council
                                                                Directives on the approximation of the laws of the
                                                                Member States on work equipment.
                                                                3.    The provisions of the Directive referred to in
                                                                paragraph 1 are wholly applicable to the use by workers
                                                                of work equipment at the workplace, without prejudice
                                                                to more stringent and/or specific provisions contained in
                                                                this Directive.
                        Definitions                                                      Definitions
                         Article 2                                                        Article 2
For the purposes of this Directive, the following terms         Unchanged
have the meanings hereby assigned to them:
     'workplace': any place accessible to a worker in the        Omitted
     undertaking and/or establishment;
     'work equipment': machines, equipment or instal-            Unchanged
     lations which may constitute a safety or health
     hazard for workers;
                                                                 (') OJ No L 185, 9. 7. 1974.
 ---pagebreak--- 26. 4. 89                               Official Journal of the European Communities                     No C 106/17
                     COMMISSION PROPOSAL                                            AMENDED PROPOSAL
— 'undertaking and/or establishment': a public- or                Omitted
    private-sector establishment engaged in industrial,
    agricultural, commercial, administrative, service,
    educational or cultural activities;
— 'worker': a person doing work of any sort, including            Omitted
    students undergoing training and apprentices.
                          Article 3                                                     Article 3
1.     The Member States shall take all useful measures to        Omitted
ensure that the employer fulfils the obligations set out in
this Directive concerning the use of work equipment.
2.     The Member States shall carry out any necessary            The Member States shall provide adequate checks and
checks in accordance with paragraph 1.                             supervision to ensure the implementation of this
                                                                   Directive.
                          Article 4                                Unchanged
1.     Work equipment existing and used at the time of
entry into force of this Directive must satisfy the
minimum conditions laid down concerning them in
Annex I, at the latest five years after the entry into force
of this Directive, without prejudice to the application of
the Community provisions concerning health and safety
aspects of the design and construction of work
equipment.
2.     Second-hand work equipment placed on the market
after the entry into force of this Directive must satisfy
the minimum requirements laid down concerning them
in Annex I once the national provisions taken in
compliance with this Directive enter into force, without
prejudice to the application of the Community provisions
concerning health and safety aspects of the design and
construction of work equipment.
3.     In selecting the work equipment which he proposes
to use, the employer shall pay particular attention to the
hazards this equipment presents to the safety and health
of the workers, taking into account the specific charac-
teristics of the undertaking.
4.     The employer shall ensure that the equipment
mentioned in paragraph 3 is safe, taking into account the
specific conditions of use in the undertaking:
(a) when ordering such equipment;
(b) at the time of delivery and commissioning;
 ---pagebreak--- No C 106/18                              Official Journal of the European Communities                                 26. 4. 89
                     COMMISSION PROPOSAL                                                 AMENDED PROPOSAL
(c) during use;
(d) during maintenance, repair or conversion             work
     which affects or may affect safety.
5.    Annex II contains non-comprehensive guidelines
relating to the provisions contained in paragraphs 3 and 4.
                            Article 5                                                        Article 5
1.    The workers shall have at their disposal written              1.   The workers shall have at their disposal written
instructions concerning all the work equipment commis-             instructions concerning all the equipment installed at
sioned after the entry into force of the national                  their workplace at the time of, and after the entry into
provisions issued under this Directive.                            force of, the national provisions issued under this
                                                                   Directive. Where the equipment in question is already in
                                                                   use at the relevant time, the employer must provide
                                                                   workers with written instructions based on experience
                                                                   with the equipment and on the basic information
                                                                   supplied by the manufacturer.
2.    In the case of work equipment already installed at           Omitted
the workplace at the time of entry into force of the
national provisions issued under this Directive, the
employer shall, as far as possible, provide the workers
concerned with written instructions.
3.    The written instructions must at least contain               Beginning unchanged, becomes paragraph 2
adequate safety and health information concerning:
— the normal conditions for using the work equipment,
— handling, installation, assembly, adjustment            and
    maintenance of the work equipment.
                                                                   — possible abnormal situations.
These written instructions must be made available,                 These written instructions must be comprehensible for all
whenever possible, in the languages of the workers                 workers.
concerned.
                            Article 6                                                        Article 6
1.    The workers or their representatives           shall be      1.    With regard to the use of work equipment, in
consulted on the health and safety aspects:                        accordance with Article 11 of the Directive referred to in
                                                                   Article 1 (1) of this Directive, the workers or their repre-
                                                                   sentatives shall be consulted on the health and safety
                                                                   aspects:
    on the basis of Annex I in the case of existing work           remainder of (1) unchanged.
    equipment,
    on the basis of Annexes I and II in the case of
    second-hand equipment placed on the market,
    on the basis of Annex II for the purchase of new
    work equipment.
 ---pagebreak--- 26. 4. 89                               Official Journal of the European Communities                             No C 106/19
                    COMMISSION PROPOSAL                                                  AMENDED PROPOSAL
2.    Whenever, in the opinion of the workers or their            Unchanged
representatives, the measures taken by the employer to
ensure the safety of existing, used or future work
equipment are not sufficient, they may request a visit by
the authority responsible for safety and health at work.
                                                                   3.    The authority responsible for safety and health at
                                                                  work shall take the measures necessary to encourage the
                                                                  implementation and application of paragraph 1 in the
                                                                  undertaking.
                 Changes to the Annexes                                             Changes to the Annexes
                           Article 7                                                          Article 7
1.    The Commission shall make changes to                the     With regard to the changes to be made to Annexes I and
Annexes of the present Directive as a result of:                   II as a result of:
— the adoption of Directives on technical harmon-                 — the adoption of Directives on technical harmon-
    ization and standardization of the design, manu-                   ization and standardization of work equipment,
    facture or construction of work equipment;
— technical progress, changes in international regu-              — technical progress, changes in international regu-
    lations or specifications and know-how in the field.               lations or specifications and know-how in the field of
                                                                       work equipment.
2.     In making the changes referred to in the first             The Commission shall be assisted by the Committee and
paragraph, the Commission shall be assisted by a                   shall follow the procedure set out in Article 17 of the
committee and shall follow the procedure set out in                Directive referred to in Article 1 (1) of this Directive.
Article 14 of Directive . . .
                       Final provisions                                                   Final provisions
                           Article 8                                                          Article 8
 1.   The Member States shall bring into force the laws,           1.    The Member States shall bring into force the laws,
regulations and administrative provisions necessary to             regulations and administrative provisions necessary to
comply with this Directive by 1 January 1991 at the                comply with this Directive by the scheduled date for the
latest. They shall immediately notify the Commission.              entry into force of the Directive on the approximation of
                                                                   the laws of the Member States on machines. They shall
                                                                   immediately notify the Commission.
2.    The Member States shall forward to the                       2.    The Member States shall forward to the
Commission the text of the national provisions which               Commission the text of the national provisions which
they are adopting in the field governed by this Directive.         they have adopted or are adopting in the field governed
                                                                   by this Directive.
3.     At two-yearly intervals, the Member States shall            3.    At five-yearly intervals, the Member States shall
report to the Commission on the practical implemen-                report to the Commission on the practical implemen-
tation of the provisions of this Directive concerning              tation of the provisions of this Directive, indicating the
work equipment, indicating the opinions of the two sides           opinions of the two sides of industry. The Commission
of industry. The Commission shall inform the Committee             shall inform the Council, the European Parliament, the
and tripartite Committee.                                          Economic and Social Committee, the Advisory
                                                                   Committee for Safety, Hygiene and Health Protection at
                                                                   Work and the Committee provided for in Article 17 of
                                                                   the Directive referred to in Article 1 (1) of this Directive.
 ---pagebreak---  No C 106/20                               Official Journal of the European Communities                                   26. 4. 89
                      COMMISSION PROPOSAL                                                  AMENDED PROPOSAL
 4.    Any technical regulations which the Member States             4.     The Commission shall report periodically to the
 intend to adopt in accordance with this Directive shall be          Council, the European Parliament and the Economic
forwarded to the Commission at the draft stage in                    and Social Committee on the implementation of the
accordance with the procedure laid down in Article 8 of              Directive, taking account of paragraphs 1 to 3.
Council Directive 83/189/EEC of 28 March 1983 laying
down a procedure for the provision of information in the
field of technical standards and regulations.
                            Article 9                                                           Article 9
This Directive is addressed to the Member States.
                            ANNEX I                                                             ANNEX I
MINIMUM          REQUIREMENTS REFERRED                  TO    IN     Title unchanged
                 ARTICLE 4, PARAGRAPH 1
The definition of 'machinery' in the Directive concerning the        Omitted
design, manufacture and placing on the market of machinery
(COM(87) 564 final of 14 December 1987; OJ No C 29 of 3. 2.
1988) is applicable to this Annex.
1. MACHINES                                                          1. MACHINES
                                                                     Section 1 of this Annex applies to the machines defined in the
                                                                     Directive on the approximation of the laws of the Member
                                                                     States on machines (. . .)
    The controls shall be located outside danger zones and so        Beginning unchanged
    positioned that the operator can monitor all the danger
    zones.
    From each workstation it shall be possible to shut down any
    moving parts of a machine which affect the safety of that
    workstation.
    Having regard to the risks associated with the machine and
    the normal shut-down time, the machine shall be fitted with
    an emergency shut-down device.
    An operator shall be able to start or restart the machine only
    by deliberately activating a control provided for this
    purpose, except where an automatic device is working
    normally.
                                                                     — Automatic systems and equipment must also have a manual
                                                                        start-up device for use in the event of emergency shut-
                                                                        downs.
 ---pagebreak--- 26. 4. 89                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                  N o C 106/21
                      COMMISSION PROPOSAL                                                                    AMENDED PROPOSAL
— A machine which may constitute a danger, due to objects                     Unchanged
   falling or being ejected from it, or to emissions from it shall
    be provided with guards or appropriate means of collection
    and evacuation.
— A machine which is not sufficiently intrinsically stable shall              Unchanged
   be properly anchored or secured in some other way.
— The moving parts of a machine shall be protected, if the                    Unchanged
   work allows, by a guard to prevent contact with the
   workers.
                                                                             — Guards to protect workers from moving parts must be
                                                                                   designed in such a way that, if they are opened or removed,
                                                                                   the moving parts shut down. During normal operation it
                                                                                   must be impossible to activate the moving parts if the guard
                                                                                   is not in place.
— Areas and workplaces intended for the operation or                         Unchanged
   servicing of machinery shall be adequately lit for the work
   which is to be carried out.
— Parts of a machine which have a high or very low                           Unchanged
    temperature shall be protected by a guard to prevent contact
   with workers.
— A machine's warning indicators shall be conspicuous and                    Unchanged
    easy to understand.
— A machine shall not be used for operations or in conditions                Unchanged
    for which it was not designed and for which it is unsuitable.
— A machine shall be properly maintained to ensure its safe                  — A machine shall be properly maintained to ensure its safe
    operation. Maintenance shall be carried out outside the                        operation. Maintenance shall be carried out outside the
    danger zones or during machine shut-down, if this is tech-                     danger zones or during machine shut-down, if this is tech-
    nically possible. If any machine has a maintenance log it                      nically possible. If any machine has a maintenance log it
    must be kept up-to-date.                                                       must be kept up-to-date. The management must provide
                                                                                   written instructions for a safe maintenance system for all
                                                                                   machines. The instructions shall be made available to
                                                                                   workers and their representatives.
— It shall be possible to insulate a machine from each of its                Unchanged
   power sources.
— A machine shall bear the markings necessary to ensure safe                  Unchanged
    operation
                                                                             — Warning notices must be placed where they are clearly
                                                                                   visible to mark all zones or elements which constitute a
                                                                                   hazard in view of the equipment concerned, its components
                                                                                   and access to it.
 ---pagebreak--- N o C 106/22                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                        26. 4. 89
                     COMMISSION PROPOSAL                                                                AMENDED PROPOSAL
                                                                          2. W O O D W O R K I N G             MACHINES   AND     SIMILAR
                                                                              EQUIPMENT
                                                                          Section 2 of this Annex applies to the wood working machines
                                                                          and similar equipment defined in the Directive on the approxi-
                                                                          mation of the laws of the Member States on machines (. . .).
                                                                         The        following         specific  minimum  requirements
                                                                          supplementary to section 1 of this Annex.
                                                                         — Any table on which workpieces are held manually must be
                                                                               stable and must not restrict the movements of the item
                                                                               concerned,
                                                                         — where the tool is part of a machine which is not wholly
                                                                               automated, the machine must be designed and constructed
                                                                               in such a way as to eliminate and reduce the seriousness of
                                                                               accidents to workers, for example by using circular tool
                                                                               holders, limiting the depth of cut, etc.
                                                                          3. MOVING MACHINES
                          ANNEX    II                                                                       ANNEX   II
NON-EXHAUSTIVE GUIDELINES REFERRED T O                         IN        Title u n c h a n g e d
                ARTICLE 4 (5) (CHECK-LIST)
The definition of 'machinery' in the Directive concerning the            Omitted
design, manufacture and placing on the market of machinery
(COM(87) 564 final of 14. 12. 1987; OJ C 29 of 3. 2. 1988) is
applicable to this Annex.
A. MACHINES                                                              A. MACHINES
                                                                         Section A of this Annex applies to the machines defined in the
                                                                         Directive on the approximation of the laws of the Member
                                                                         States on machines (. . .)
1.     General                                                           Unchanged
1.1.   Definition of
       — danger zones and risk factors: in, on and around the
           machine
       — exposed persons: operators and other persons.
 ---pagebreak--- 26. 4. 89                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                   N o C 106/23
                     COMMISSION PROPOSAL                                                                    AMENDED PROPOSAL
1.2.   General assessment
       — normal conditions of operation and use
       — foreseeable or potential abnormal situations
       — counter-indications for use
       — guards
       — other risks: personal protection
       — safety certification.
1.3.   Materials and products
          risks associated with the materials used for building
          the machine and the products used by the machine:
          mechanical, thermal and chemical properties, welds
          and assemblies, erosion, abrasion and fatigue
          risks associated with the      use of    fluids:     filling,
          recovery, evacuation
          risks associated with the products manufactured.
1.4.   Lighting
       — lighting of the working area: shadow, dazzle, stro-
          boscopic effect
       — lighting of inspection, control and maintenance work.
1.5.   Handling
       — risks associated with installation, removal, packing
          and storage
       — problems caused by weight and shape
       — Lifting gear:
          — fixed or mountable attachments to which lifting
               gear can be fixed
          — suitable lifting gear.
2.     Controls                                                              Beginning u n c h a n g e d
2.1.    Reliability
       — failures
       — switches with positive mode
                                                                                       — effects of errors in maneouvring logic
       — deliberate interference made impossible.                             Omitted
2.2.   Appearance, arrangement and operation                                  Unchanged
       — visible, indentifiable, appropriately marked
       — coherence between the movement of the control and
          the effect required
 ---pagebreak--- No C 106/24                            Official Journal of the European Communities                                26. 4. 89
                   COMMISSION PROPOSAL                                                AMENDED PROPOSAL
     — outside danger zones
     — risks involved in operating the controls
     — indication of the action required if several different
        actions are possible
     — shape, position, movement and mechanical resistance
        of the control:
       — compatible with the action required
       — compatible with ergonomic rules
     — operator able to see warning signals and monitor
        danger zones from his workstation or, failing that,
        each start-up of the machine preceded by a warning
        signal.
2.3. Machine start-up                                             Unchanged
     — starting a machine or restarting after a stoppage only
        possible by deliberate activation of a control (or by
        safe automatic control)
     — risks for operators (vis-a-vis one another) if there is
        more than one start-up control.
2.4. Machine shut-down                                            Unchanged
     — normal shut-down: priority over start-up command
     — emergency shut-down
        — if the normal shut-down time is excessive
        — short shut-down time, visible        and   accessible
            controls, movement
        — engagement — disengagement without restart-up
     — complex installations: normal and            emergency
        shut-down stopping the entire machine and all
        equipment upstream and/or downstream.
2.5. Mode selector                                                Beginning unchanged
     — if the machine has several control modes and several
        levels of operation, mode selector lockable in each
        position
     — each position corresponding to a single control mode
        or operating level,
     — skilled operators
     — if the machine can be operated with its protection
        devices neutralized:
        — automatic control excluded
        — controls needing sustained action
        — restriction of the operation of the moving parts.
                                                                        — internal sensors and dangerous movements controlled
 ---pagebreak--- 26. 4. 89                                 Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                     N o C 106/25
                      COMMISSION PROPOSAL                                                                  AMENDED PROPOSAL
2.6.   Power supply, control circuit                                         2.6.      Power supply
       risks associated with interruption, re-establishment, fluc-                     Unchanged
       tuation and failure of power supply
                                                                             2.7.      Control circuit
                                                                                       risks associated with a malfunction, deterioration or fault
                                                                                       affecting the logic circuits
                                                                             2.8.       Software
                                                                                       user-friendly design.
3.     Mechanical risks                                                      Unchanged
3.1.    Stability
       — intrinsic stability: through shape, weight distribution,
           centre of gravity; to combat falling, overturning,
           shifting
       — anchorage in the absence of intrinsic stability
       — falling by the operator.
3.2.   Break-up during operation
       — parts of the machine and their linkages, tools, cables:
           resistance, anchorage, fatigue, ageing, corrosion,
           abrasion
       — replacement of parts                                                              type and frequency of inspection and maintenance,
                                                                                           replacement of parts
           protection against fragments.                                     Unchanged
3.3.   Falling or ejected objects                                            Unchanged
       — means of protection
       — objects in question: workpieces, materials used, tools.
                                                                             3.3.(a) combined machines with manual start-up for the workpiece
                                                                                       concerned after each operation:
                                                                                       — separate shut-down for each tool, or
                                                                                       — guards
                                                                              3.3.(b) variation in speed of rotation of tools
                                                                                       dependable, easy selection and regulation.
3.4.   Moving parts                                                          Unchanged
       — sound construction, or
       — guard to prevent contact.
 ---pagebreak--- No C 106/26                             Official Journal of the European Communities                                       26. 4. 89
                   COMMISSION PROPOSAL                                                    AMENDED PROPOSAL
3.5. Guards for moving parts                                      3.5.    Guards for moving parts
     A. Movable components of the transmission system                     A. Movable components of the transmission system
        — fixed guards (see 1.4.1), or                                       — fixed guards (see 4.1 and 4.2.1), or
        — movable guards (see 1.4.2)                                         — movable guards (see 4.1 and 4.2.2A).
     B. Moving element components which operate concur-                   B. Moving element components which operate concur-
        rently with the work itself                                          rently with the work itself
        — fixed guards (preferably) (see 1.4.1), or                          — fixed guards (preferably) (see 4.1. and 4:2.1), or
        — sensitive devices, dual controls, etc. (see 1.4.3)                 — movable guards (see 4.1 and 4.2.2B), or
                                                                             — protective devices (non-) material guards, dual
                                                                                 controls etc. (see 4.1 and 4.3).
     C. Moving parts which shall remain accessible                        C. Moving parts which must remain accessible
        — fixed guards (see 1.4.1) preventing access to parts                — fixed guards (see 4.1 and 4.2.1) preventing access
            not used for the work and                                            to parts not used for the work and
        — adjustable guards (see 1.4.4) restricting access to                — adjustable guards (see 4.1. and 4.2.3) restricting
            parts necessary to carry out the work.                               access to parts necessary to carry out the work.
     Guards                                                       4.      Guards and protective devices
                                                                   4.1.   General
                                                                          — robust
                                                                          — must not present additional risks
                                                                          — easy to retract or override
                                                                          — far enough away from the danger zone
                                                                          — effect on view of work
                                                                          — easy access for tool maintenance and change, pref-
                                                                              erably without dismantling.
4.1. Fixed guards                                                  4.2.   Guards
     — robust                                                      4.2.1. Fixed guards
     — fixed firmly in place                                              — fixed firmly in place
     — unopenable without the use of a tool.                              — unopenable without the use of a tool.
4.2. Removable guards                                              4.2.2. Removable guards
     — robust                                                             Type A
     — remain attached to the machine when opened                         — remain attached to the machine when opened
     — in open position:                                                  — in open position:
        — the moving parts cannot be set in motion                            — the moving parts are prevented from being set in
                                                                                  motion
            the moving parts are stopped.                                     — the moving parts are stopped.
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                      COMMISSION PROPOSAL                                                                     AMENDED PROPOSAL
4.3.   Guards included in the control system (sensitive devices,                         Type B (included in the control system)
       dual controls, etc.)
       — impossibility of setting the moving parts in motion:                  Remainder unchanged
          — while the operator can reach them
          — if the guard is faulty or if there is no guard
       — guards sufficiently far away from the moving parts to
          prevent the operator reaching them before they have
          stopped
       — adjustment requiring the use of a tool
       — guards themselves protected         against the risk of
          ejection.
4.4.   Adjustable guard, restricting access                                    Becomes 4.2.3.
       — robust,                                                                         Adjustable guards restricting access
       — installation (manual or automatic)                                              — installation (manual or automatic)
       — easy to adjust without the use of a tool                                        — easy to adjust without the use of a tool
       — risk of ejection                                                                — risk of ejection.
       — risks from the guards themselves
       — obstruction of view of work
       — removal not necessary during normal machine use
           and maintenance.
                                                                               4.3.      Protective devices
                                                                                         — impossibility of setting the moving parts in motion
                                                                                             — while the operator can reach them
                                                                                             — if any element is missing or breaks down
                                                                                         — impossibility for the operator to reach the moving
                                                                                             parts when they are in motion
                                                                                         — adjustment requiring the use of a tool.
5.     Other risks                                                             Unchanged
5.1.   Surfaces, edges, corners
       No sharp, pointed or rough parts.
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                      COMMISSION PROPOSAL                                                                 AMENDED PROPOSAL
5.2. Electricity supply                                                     Unchanged
     Possibility of contacts; state of cables, anchorages,
     connections, plugs, sockets, insulation, fuses, earthing,
     switches, transformers.
5.3.  Static electricity                                                    Unchanged
     Dispersal provided for.
                                                                            5.3.(a) Assembly/reassembly
                                                                                      — instructions on parts to be assembled if confusion is
                                                                                         possible
                                                                                      — avoid errors in connecting up (design or instructions)
                                                                                      — direction of motion
5.4.  Hydraulic, pneumatic or thermal energy                                Unchanged
     Suitable materials for conduits, circuits and containers.
5.5. Extreme temperatures                                                   Unchanged
     — parts and materials
     — measures to:
          — avoid contact
          — avoid proximity.
5.6.  Fire                                                                  Unchanged
          measures to avoid the risk of fire: machines, gases,
          liquids, dusts, vapours and other substances used or
          produced
          fire-fighting equipment.
5.7.  Explosions                                                            Beginning u n c h a n g e d
     — suitability of the machine for use in a potentially
          explosive atmosphere
     — explosive atmosphere created in and around the
          machine: dusts, gases, vapours, waste materials
          produced by the machine
     — suitability of electrical equipment contained in the                              suitability of electrical equipment contained in the
          machine for use in a potentially explosive atmo-                               machine for use in a potentially explosive atmo-
          sphere.                                                                        sphere; minimize the effect of any explosions.
5.8.  Noise                                                                 Unchanged
     — noise produced by the machine
     — actual situation at the workplace.
5.9.   Vibrations                                                           Unchanged
      Practical/admissible level
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                      COMMISSION PROPOSAL                                                                  AMENDED PROPOSAL
5.10.  Radiation                                                            Unchanged
       — electromagnetic, ionizing and other
       — admissible/practicable level.
                                                                            5.10.(a)External radiation
                                                                                      — effects on operation.
                                                                            5.10.(b)Laser equipment
                                                                                      — monitoring of radiation
                                                                                      — dependable adjustment and observation devices
5.11.  Other emissions                                                      Unchanged
       — gases, liquids, dusts, vapours and other wastes
       — collection or ventilation as close as possible to the
          source
       — evacuation.
       Maintenance                                                          Beginning u n c h a n g e d
       Maintenance
       — adjustment, lubrication and       maintenance       points:
          outside the danger zones
       — possible while the machine is stopped or without risk
       — for proper assembly and disassembly: information on                Omitted
          the parts which could be a source of risk
       — errors in connecting up power and fluid supply                     Omitted
          avoided through design or instructions.
                                                                                      — for automated machines
                                                                                         — equipment for identifying faults
                                                                                         — where frequent replacement is necessary: appro-
                                                                                             priate technical facilities and methods to be used.
6.2.   Access to intervention points                                        Unchanged
       — platforms, stairs, ladders, catwalks: size, anti-slip
          surface
       — falls of persons and objects: handholds, ramps, guard
          rails.
6.3.   Power supply cut-off                                                 Beginning u n c h a n g e d
       — insulation of the machine from each power supply
                                                                                      — insulating devices to be clearly identified
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                       COMMISSION PROPOSAL                                                 AMENDED PROPOSAL
       — permanent cut-off of power supply: locking
                                                                            — dissipation of residual energy
                                                                     6.4.   Action by operator
                                                                            — frequency
                                                                            — easy and safe.
7.      Instructions
7.1.    Warning indicators
       — unambiguous and easy to see
       — measures to ensure permanent effectiveness
       — colours and warning signs.
7.2.   Hazard signs
       — location of risks
       — exposed persons
       — necessary markings
       — shapes, colours, signs, undersanding.
7.3.     Marking
       — requirements: effectiveness, safety
       — legible, indelible.
7.4.    Instructions for operation
       — intelligible
       — adequate.
B. E R G O N O M I C PRINCIPLES C O N C E R N I N G                   8. Ergonomic principles
    MACHINES
1. Presentation of the information                                   Becomes 8.1.
    — All information relevant to safety to be displayed to the
       operator
    — Type of display to be compatible with the requirements
       of the user
    — Interpretation of the information displayed to be unam-
       biguous
    — Instruments for maintenance and test purposes to be
       located outside the normal field of vision
    — Critical instruments (frequency of use — consequences of
       errors) to lie within the optimal area of vision
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                      COMMISSION PROPOSAL                                            AMENDED PROPOSAL
      Essential displays to include a means of indicating when
      the system is out of order
      Machines and         arrangement    of   multidisplays  to
      correspond.
2. Control functions                                                Becomes 8.2.
   — Type of control to be compatible with function
   — Speed and accuracy of control movement to be geared to
      the capabilities of users
   — Identification of control functions to be clear, to avoid
      confusion in their use
   — Controls critical to safety to be guarded against inad-
      vertent operation
   — Rapid recovery from error to be possible
   — Control separation to be geared to the abilities of users,
      taking into account the possible requirement for personal
      protective equipment
   — Controls (size, lay-out, mechanical resistance, inertia) to
      be geared to the physical characteristics of users, and
      allowance made for the possible user of personal
      protective equipment
   — Grouped controls to be mounted centrally below the
      optimal display area.
3. Mental stress and fatigue                                        Becomes 8.3.
   — Mental load, vigilance, sensory deprivation and isolation
      due to the machine
   — Noise:
      — annoying noise
      — noise liable to mask communication and signals
   — Vibration: vibration levels and impairment of visual or
      manual efficiency.
4. Physical fatigue                                                 Becomes 8.4.
      Working space design and postural demands to be geared
      to the physical attributes of machine operators
      Work rates to be geared to the physiological attributes of
      users.
 ---pagebreak--- No C 106/32                  Official Journal of the European Communities                                  26. 4. 89
            COMMISSION PROPOSAL                                                AMENDED PROPOSAL
                                                       B. W O O D - W O R K I N G     MACHINES      AND    SIMILAR
                                                          EQUIPMENT
                                                          Section B of this Annex applies to the wood-working
                                                          machines and similar equipment defined in the Directive on
                                                          the approximation of the laws of the Member States on
                                                          machines.
                                                          The following specific references     are supplementary  to
                                                          section A of this Annex:
                                                          1. Where the workpiece to be machined is held manually on
                                                             the table
                                                             — table must be stable
                                                             — no obstruction to movement of workpiece.
                                                          2. Risk of ejection of pieces of wood
                                                             — prevent ejection
                                                             — protection.
                                                          3. Unused tools
                                                             — integral protection, or
                                                             — automatic brake with short shut-down time.
                                                          4. Cutting tools
                                                             — depth of cut
                                                             — tool holder.
                                                       C. MOVING MACHINES