CELEX: 51988PC0075
Language: en
Date: 1988-03-07
Title: 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 WITHIN THE MEANING OF ARTICLE 13 OF DIRECTIVE... ) COM ( 88 ) 73 FINAL

30. 4. 88                                  Official Journal of the European Communities                                               No C 114/3
                                                                   II
                                                           (Preparatory Acts)
                                                      COMMISSION
                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 (')
                                                           COM(88) 75 final
                                  (Submitted by the Commission to the Council on 11 March 1988)
                                                            (88/C 114/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               W h e r e a s it is incumbent on M e m b e r States to ensure the
                                                                       safety and health of persons, in particular w o r k e r s ,
Having regard to the Treaty establishing the European                  within their national territory;
Economic Community, and in particular Article 118A
thereof,
                                                                       W h e r e a s the completion of the internal market (5) entails
Having regard to the Commission proposal drawn up                      the d r a w i n g up of directives based on Article 100A, in
after consultation with the Advisory Committee for                     accordance with the new a p p r o a c h to h a r m o n i z a t i o n and
Safety, Hygiene and Health Protection at Work. (2),                    standardization ( 6 ), making compliance with essential
                                                                       safety requirements for the design, manufacture or
Having regard to the opinion of the Economic and                       construction of products a condition for their sale and
Social Committee,                                                      free m o v e m e n t t h r o u g h o u t the C o m m u n i t y and in view
                                                                       of the fact that these products include several types of
                                                                       w o r k equipment, in particular machines ( 7 );
In cooperation with the European Parliament,
Whereas Article 118A of the EEC Treaty provides that
                                                                       W h e r e a s the M e m b e r States have very different systems
the Council shall issue directives containing minimum
                                                                       of legislation on safety and health at w o r k ; whereas
requirements designed to encourage improvements, es-
                                                                       national provisions on the subject, which often include
pecially in the working environment, as regards the
                                                                       technical specifications a n d / o r self-regulatory standards,
health and safety of workers;
                                                                       may result in different levels of safety and health
                                                                       protection and distort competition;
Whereas Article 118A also recommends that Directives
shall avoid imposing administrative, financial and legal
constraints which would hold back the creation and
development of SMUs;                                                   W h e r e a s compliance with the minimum health and safety
                                                                       requirements for the use of w o r k equipment is essential
                                                                       to ensure the safety and health of w o r k e r s and to
Whereas the communication from the Commission on its
                                                                       p r o m o t e fair competition;
programme concerning safety, hygiene and health at
work (J) provides for the adoption of directives designed
to guarantee the safety and health of workers;
                                                                       W h e r e a s there is a need to supplement the directives
                                                                       referred to in Article 100A the scope of which is
Whereas the Council resolution of 21 December 1987
                                                                       confined to the initial placing of p r o d u c t s on the
concerning safety, hygiene and health at the
                                                                       Community            market,         with    minimum           requirements
workplace (4) noted the Commission's intention to
                                                                       concerning safety and health during the use of all w o r k
present to it in the near future minimum requirements
                                                                       equipment;
concerning the safety and health of workers at work;
(*) COM(88) 73 final.
O Council Decision 74/325/EEC of 17 June 1974.                         (5) White Paper — COM(85) 310 final.
 3
( ) COM(87) 520 final and Council resolution of 21 December            (6) Council Resolution of 7 May 1985 (OJ No C 136 of 4. 6.
    1987 ( O J N o C 2 8 , 3.2. 1988).                                       1985).
(4) OJ No C 28, 3. 2. 1988.                                            (7) COM(87) 564 final of 14 December 1987.
 ---pagebreak--- No C 114/4                            Official Journal of the European Communities                                  30. 4. 88
Whereas this Directive covers the-'social aspects of the         2.     This Directive does not impede the retention or
various technical harmonization directives designed to           institution by each Member State of more stringent
complete the internal market for work equipment;                 protection measures for working conditions compatible
                                                                 with the Treaty.
Whereas this Directive is designed to protect the safety
and health of workers by laying down essential minimum                                     Definitions
requirements, without impeding the retention or
institution by each Member State of specific measures for
                                                                                            Article 2
safer working conditions;
                                                                 For the purposes of this Directive, the following terms
                                                                 have the meanings hereby assigned to them:
Whereas these requirements should not entail alterations
to work equipment covered by Community Directives                — 'work place': any place accessible to a worker in the
which concern health and safety aspects of work                       undertaking and/or establishment;
equipment design and construction;
                                                                 — 'work equipment': machines, equipment or instal-
                                                                      lations which may constitute a safety or health
Whereas under Council Directive 83/189/EEC of 28
                                                                      hazard for workers;
March 1983 laying down a procedure for the provision
of information in the field of technical standards and
                                                                 — 'undertaking and/or establishment': a public- or
regulations ( l ) Member States are required to notify the
                                                                      private-sector establishment engaged in industrial,
Commission of any draft technical regulations relating to
                                                                      agricultural, commercial, administrative, service,
machines, equipment and installations;
                                                                      educational or cultural activities;
Whereas the employers' obligations under the Directive           — 'worker': a person doing work of any sort, including
concerning the implementation of measures to encourage                students undergoing training and apprentices.
the improvement of the safety and health of workers at
work must be supplemented by special measures for
                                                                                        Work equipment
work equipment;
                                                                            (machines, equipment and installations)
Whereas it is important to ensure adequate consultation
with both sides of industry, and in particular with                                         Article 3
workers' organizations, on the technical work relating to         1.    The Member States shall take all useful measures to
this Directive;                                                  ensure that the employer fulfils the obligations set out in
                                                                 this Directive concerning the use of work equipment.
Whereas it is important to encourage cooperation
between management and labour with regard to decision            2.     The Member States shall carry out any necessary
making and measures concerned with the protection of             checks in accordance with paragraph 1.
safety and health at the workplace, at all levels;
                                                                                            Article 4
Whereas there is a need for a committee to assist the             1.    Work equipment existing and used at the time of
Commission in implementing supplementary measures                entry into force of this Directive must satisfy the
provided for by the Directive,                                   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
HAS ADOPTED THIS DIRECTIVE:                                      the Community provisions concerning health and safety
                                                                  aspects of the design and construction of work
                                                                 equipment.
                          Subject
                                                                  2.     Second-hand work equipment placed on the market
                                                                  after the entry into force of this Directive must satisfy
                         Article 1                                the minimum requirements laid down concerning them
                                                                  in Annex I once the national provisions taken in
 1.    This Directive, which is an individual Directive
                                                                  compliance with this Directive enter into force, without
 within the meaning of Article 13 of Directive . . . , lays
                                                                  prejudice to the application of the Community provisions
 down minimum requirements for safety and health and
                                                                  concerning health and safety aspects of the design and
 for the use of work equipment, as defined in Article 2.
                                                                  construction of work equipment.
                                                                  3.     In selecting the work equipment which he proposes
 O OJ No L 109, 26. 4. 1983, p. 8.                                to use, the employer shall pay particular attention to the
 ---pagebreak--- 30. 4. 88                              Official Journal of the European Communities                             No C 114/5
hazards this equipment presents to the safety and health          2.     Whenever, in Ihe opinion of the workers or their
of the workers, taking into account the specific charac-          representatives, the measures taken by the employer to
teristics of the undertaking.                                     ensure the safety of existing, used or future work
                                                                  equipment are not sufficient, they may request a visit by
4.     The employer shall ensure that the equipment               the authority responsible for safety and health at work.
mentioned in paragraph 3 is safe, taking into account the
specific conditions of use in the undertaking:
                                                                                     Changes to the Annexes
(a) when ordering such equipment;
                                                                                              Article 7
(b) at the time of delivery and commissioning;
                                                                  1.     The Commission shall make changes to the annexes
(c) during use;                                                   of the present Directive as a result of:
(d) during maintenance, repair or conversion           work      — the adoption of Directives on technical harmon-
     which affects or may affect safety.                               ization and standardization of the design, manu-
                                                                       facture or construction of work equipment;
5.     Annex II contains non-comprehensive guidelines
relating to the provisions contained in paragraphs 3             — technical progress, changes in international regu-
and 4.                                                                 lations or specifications and know-how in the field.
                         Article 5                               2.      In makings the changes referred to in the first
                                                                 paragraph, the Commission shall be assisted by a
1.     The workers shall have at their disposal written          committee and shall follow the procedure set out in
instructions concerning all the work equipment com-              Article 14 of Directive . . .
missioned after the entry into force of the national
provisions issued under this Directive.
                                                                                          Final provisions
2.     In the case of work equipment already installed at
                                                                                              Article 8
the workplace at the time of entry into force of the
national provisions issued under this Directive, the              1.     The Member States shall bring into force the laws,
employer shall, as far as possible, provide the workers          regulations and administrative provisions necessary to
concerned with written instructions.                             comply with this Directive by 1 January 1991 at the
                                                                  latest. They shall immediately notify the Commission.
3.     The written instructions must at least contain
adequate safety and health information concerning:               2.      The Member States shall forward to the
                                                                 Commission the text of the national provisions which
— the normal conditions for using the work equipment,
                                                                 they are adopting in the field governed by this Directive.
— handling, installation, assembly, adjustment          and
    maintenance of the work equipment.                            3.     At two-yearly intervals, the Member States shall
                                                                  report to the Commission on the practical implemen-
These written instructions must be made available,               tation of the provisions of this Directive concerning
whenever possible, in the languages of the workers               work equipment, indicating the opinions of the two sides
concerned.                                                       of industry. The Commission shall inform the Committee
                                                                  and tripartite Committee.
                          Article 6
                                                                  4.     Any technical regulations which the Member States
1.     The workers or their representatives        shall be       intend to adopt in accordance with this Directive shall be
consulted on the health and safety aspects:                       forwarded to the Commission at the draft stage in
                                                                  accordance with the procedure laid down in Article 8 of
— on the basis of Annex I in the case of existing work            Council Directive 83/189/EEC of 28 March 1983 laying
    equipment,                                                    down a procedure for the provision of information in the
— on the basis of Annexes I and II in the case of                 field of technical standards and regulations.
    second-hand equipment placed on the market,
                                                                                              Article 9
— on the basis of Annex II for the purchase of new
    work equipment.                                              This Directive is addressed to the Member States.
 ---pagebreak--- N o C 114/6                              Official J o u r n a l of the E u r o p e a n Communities                     30. 4. 88
                                                                  ANNEX       I
                       MINIMUM REQUIREMENTS REFERRED T O IN ARTICLE 4, PARAGRAPH 1
            The definition of 'machinery' in the Directive concerning the design, manufacture and placing on the
            market of machinery (COM(87) 564 final of 14 December 1987; OJ No C 29 of 3. 2. 1988) is applicable
            to this Annex.
            1. Machines
               — The controls shall be located outside danger zones and so positioned that the operator can monitor
                   all the danger zones.
               — From each work station it shall be possible to shut down any moving parts of a machine which affect
                   the safety of that work station.
               — 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.
               — A machine which may constitute a danger, due to objects falling or being ejected from it or to
                   emissions from it shall be provided with guards or appropriate means of collection and evacuation.
               — A machine which is not suficiently intrinsically stable shall be properly anchored or secured in some
                   other way.
               — The moving parts of a machine shall be protected, if the work allows, by a guard to prevent contact
                   with the workers.
               — Areas and work places intended for the operation or servicing of machinery shall be adequately lit
                   for the work which is to be carried out.
               — Parts of a machine which have a high or very low temperature shall be protected by a guard to
                   prevent contact with workers.
               — A machine's warning indicators shall be conspicuous and easy to understand.
               — A machine shall not be used for operations or in conditions for which it was not designed and for
                   which it is unsuitable.
               — A machine shall be properly maintained to ensure its safe operation. Maintenance shall be carried
                    out outside the danger zones or during machine shut-down, if this is technically possible. If any
                    machine has a maintenance log it must be kept up-to-date.
                — It shall be possible to insulate a machine from each of its power sources.
                — A machine shall bear the markings necessary to ensure safe operation.
 ---pagebreak--- 30. 4. 88                              Official Journal of the European Communities                               No C 114/7
                                                            ANNEX II
          NON-EXHAUSTIVE GUIDELINES REFERRED TO IN ARTICLE 4, PARAGRAPH 5 (CHECK
                                                                LIST)
                                                         A. MACHINE
          The definition of 'machinery' in the Directive concerning the design, manufacture and placing on the
          market of machinery (COM(87) 564 final of 14 December 1987; OJ No C 29 of 3. 2. 1988) is applicable
          to this Annex.
          1.     General
          1.1. Definition of
                — danger zones and risk factors: in, on and around the machine
                — exposed persons: operators and other persons.
          1.2.   General assessment
                 — normal conditions of operation and use
                 — foreseeable or potential abnormal situations
                 — counter-indications for use
                 — guards
                 — other risks: personal protection
                 — safety certification.
           1.3. Materials and products
                 — risks associated with the materials used for building the machine and the products used by the
                    machine: mechanical, thermal and chemical properties, welds and assemblies, erosion, abrasion
                    and fatigue
                 — risks associated with the use of fluids: filling, recovery, evacuation
                 — risks associated with the products manufactured.
           1.4. Lighting
                 — lighting of the working area: shadow, dazzle, stroboscopic effect
                 — lighting of inspection, control and maintenance work.
           1.5. Handling
                 — risks associated with installation, removal, packing and storage
                 — problems caused by weight and shape
                 — lifting gear:
                    — fixed or mountable attachments to which lifting gear can be fixed
                    — suitable lifting gear.
           2.    Controls
           2.1. Reliability
                 — failures
                 — switches with positive mode
                 — deliberate interference made impossible.
 ---pagebreak--- N o C 114/8                             Official J o u r n a l of the E u r o p e a n Communities                        30. 4. 88
            2.2. Appearance, arrangement and operation
                 — visible, identifiable, appropriately marked
                 — coherence between the movement of the control and the effect required
                 — 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 work station or, failing
                     that, each start-up of the machine preceded by a warning signal.
            2.3. Machine start-up
                 — 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
                 — 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
                 — 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.
            2.6. Power supply, control circuit
                 Risks associated with interruption, re-establishment, fluctuation and failure of power supply.
            3.   Mechanical Risks
            3.1.  Stability
                 — intrinsic stability: through shape, weight distribution, centre of gravity; to combat falling, over-
                      turning, shifting
                 — anchorage in the absence of intrinsic stability
                 — falling by the operator.
 ---pagebreak--- 30. 4. 88                              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 114/9
          3.2. Break-up during operation
               — parts of the machine and their linkages, tools, cables: resistance, anchorage, fatigue, ageing,
                   corrosion, abrasion
               — replacement of parts
               — protection against fragments.
          3.3. Falling or ejected objects
               — means of protection
               — objects in question: work pieces, materials used, tools.
          3.4. Moving parts
               — sound construction or
               — guard to prevent contact.
          3.5. Guards for moving parts
               A. Movable components of the transmission system:
                  — fixed guards (see 1.4.1), or
                  — movable guards (see 1.4.2)
               B. Moving element components which operate concurrently with the work itself
                  — fixed guards (preferably) (see 1.4.1), or
                  — sensitive devices, dual controls, etc. (see 1.4.3)
               C. Moving parts which shall remain accessible
                  — fixed guards (see 1.4.1) preventing access to parts not used for the work and
                  — adjustable guards (see 1.4.4) restricting access to parts necessary to carry out the work.
          4.   Guards
          4.1. Fixed guards
               — robust
               — fixed firmly in place
               — unopenable without the use of a tool.
          4.2. Removable guards
               — robust
               — remain attached to the machine when opened
               — in open position:
                   — the moving parts cannot be set in motion
                   — the moving parts are stopped.
          4.3. Guards included in the control system (sensitive devices, dual controls, etc.)
               — impossibility of setting the moving parts in motion:
                   — 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.
 ---pagebreak--- No C 114/10                           Official Journal of the European Communities                                    30. 4. 88
          4.4. Adjustable guards restricting access
                — robust
                — installation (manual or automatic)
                — easy to adjust without the use of a tool
                — risk of ejection
                — risks from the guards themselves
                — obstruction of view of work
                — removal not necessary during normal machine use and maintenance
          5.    Other risks
          5.1.  Surfaces, edges, comers
                No sharp, pointed or rough parts
          5.2. Electricity supply
                Possibility of contacts; state of cables, anchorages, connections, plugs, sockets, insulation, fuses,
                earthing, switches, transformers
           5.3. Static electricity
                Dispersal provided for
           5.4. Hydraulic, pneumatic or thermal energy
                Suitable materials for conduits, circuits, and containers
           5.5. Extreme temperatures
                — parts and materials
                — measures to:
                    — avoid contact
                    — avoid proximity                                                                            •»
           5.6. Fire
                — measures to avoid the risk of fire: machines, gases, liquids, dusts, vapours and other substances
                    used or produced
                — fire-fighting equipment
           5.7. Explosions
                — 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 machine for use in a potentially explosive
                    atmosphere
           5.8. Noise
                — noise produced by the machine
                — actual situation at the workplace
           5.9. Vibrations
                 Practical/admissible level
 ---pagebreak--- 30. 4. 88                             Official Journal of the European Communities                              N o C 114/11
          5.10. Radiation
                — electromagnetic, ionizing and other
                — admissible/practicable level
          5.11. Other emissions
                — gases, liquids, dusts, vapours and other wastes
                — collection or ventilation as close as possible to the source
                — evacuation.
          6.    Maintenance
          6.1. Maintenance
                — adjustment, lubrication and maintenance points: outside the danger zones
                — possible while the machine is stopped or without risk
                — for proper assembly and disassembly: information on the parts which could be a source of risk
                — errors in connecting up power and fluid supply avoided through design or instructions.
          6.2. Access to intervention points
                — platforms, stairs, ladders, catwalks: size, anti-slip surface
                — falls of persons and objects: handholds, ramps, guard rails.
          6.3.  Power supply cut-off
                — insulation of the machine from each power supply
                — permanent cut-off of power supply: locking.
          7.    Instructions
          7.1.   Warning indicators
                — unambiguous and easy to see
                — measures to ensure permanent effectiveness
                — colours and warning signs.
          7.2. Hazard signs
                — location of risks
                — exposed persons
                — necessary markings
                — shapes, colours, signs, understanding.
          7.3. Marking
                — requirements: effectiveness, safety
                — legible, indelible.
          7.4. Instructions for operation
                — intelligible
                — adequate.
 ---pagebreak--- N o C 114/12                           Official Journal of the European Communities                                      30. 4. 88
                                B. E R G O N O M I C PRINCIPLES C O N C E R N I N G MACHINES
           1. Presentation of the information
              — All information relevant to safety to be displayed to the operator
              — Type of display to be compatible with the requirements of the user
              — Interpretation of the information displayed to be unambiguous
              — Instruments for maintenance and test purposes to be located outside the normal field of vision
              — Critical instruments (frequency of use — consequences of errors) to lie within the optimal area of
                 vision
              — Essential displays to include a means of indicating when the system is out of order
              — Machines and arrangement of multidisplays to correspond.
           2. Control functions
              — Type of control to be compatible with function
              — Speed and accuracy of control movement to be geared to the capabilities of users
              — Identification of control functions to be clear, to avoid confusion in their use
              — Controls critical to safety to be guarded against inadvertent operation
              — Rapid recovery from error to be possible
              — Control separation to be geared to the 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 use of personal protective equipment
              — Grouped controls to be mounted centrally below the optimal display area.
           3. Mental stress and fatique
              — 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 fatique
              — 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.