CELEX: 51988PC0078
Language: en
Date: 1988-03-07
Title: Proposal for a COUNCIL DIRECTIVE on the minimum health and safety requirements for handling heavy loads where there is a risk of back injury for workers (fifth individual Directive within the meaning of Article 13 of Directive ...) (1) (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(88 ) 78 final
                                                           Brussels , 7 March 1988
                                  Proposai for a
                                COUNCIL DIRECTIVE
 on the minimum health and safety requirements for handling heavy loads
               where there is a risk of back injury for workers
        ( fifth individual Directive within the meaning of Article 13
                              of Directive ...) ( 1 )
                         ( presented by the Commission)
( 1 ) C0M(88
      COM(88 ) 73 final                1 1 « B38
                                      Sorti du Secrétariat     '
                                             Général
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
1.    Legal basis
The proposal is based on Article 118A of the EEC Treaty .
It falls within the framework of the Commission Communication on its programme
concerning safety , hygiene and health at work ( 1 ).
2.    Aims
The main aims of the proposai are :
- to reduce insofar as is reasonably practical the manual , and therefore
    mechanically unassisted , handling of heavy loads
- to reduce the risk of back injury caused by the manual handling of heavy
    loads
In drawing up this proposal the Commission has taken account of the specific
nature of SMUs . To this end , the proposal provides that the application of
the provisions of the Directive may be modulated to take account of the size
of the undertaking and " socio-economic factors ". Member States should apply
the same principles when implementing the provisions of the Directive at
national level .
( 1 ) COM ( 87 ) 520 - Council Resolution of 21.12.1987 (OJ C 28 of 3.2.1988 )
 ---pagebreak--- 3•  The proposal in relation to national_laws and regulations
Most of the Member States of the European Community have either regulations or
practical reference guidelines on the organization of work involving the
manual handling of heavy loads .
4.  Characteristics of the proposai
As provided for in Article 118A of the EEC Treaty , the proposal sets out
minimum requirements .
Back injuries are one of the main causes of unfitness for work in the
Community . Many such injuries could be avoided , with considerable economic
benefits for society , by modifying working methods and by better organization
of work .  The proposal gives guidelines concerning preventive measures in this
area .
5.  Consultation of parties concerned
Detailed consultations have been held on the proposal and an opinion has been
given by the Advisory Committee on Safety , Hygiene and Health Protection at
Work ( set up by Council Decision 74/ 325/ EEC of 27.6.1974 - OJ L 185 of
9.7.1974 ). The Committee 's opinion was taken into account in the drafting of
the proposal .
6.  Content of the individual articles
Article 1 defines the subject of the Directive .
 ---pagebreak--- Article 2 lays down the general obligations imposed on Member States .
Articles 3 and 4 lay down the general obligations of the employers .
Article 5 relates to training and informing the workers .
Article 6 relates to the consultation of the workers .
Article 7 provides for the adoption of the annex and the setting up of a
committee on this subject .
Articles 8 and 9 contain the final provisions .
 ---pagebreak---                               Proposal for a Council Directive
                    on the minimum health and safety requirements for
                       handling heavy loads where there is a risk of
                                   back injury for workers
                    ( fifth individual Directive within the meaning of
                              Article 13 of Directive ...) ( 1 )
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 ( 1 ) drawn up after consultation with
the Advisory Committee on Safety , Hygiene and Health Protection at Work ( 2 ),
In cooperation with the European Parliament ( 3 ),
Having regard to the opinion of the Economic and Social Committee ( 4 ),
Whereas Article 118A of the Treaty provides that the Council shall adopt , by
means of directives , minimum requirements for encouraging improvements as
regards the health and safety of workers , especially in the working
environment ;
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 ;
Whereas the Communication from the Commission on its programme concerning
safety , hygiene and health at work ( 5 ) provides for the adoption of directives
designed to guarantee the safety and health of workers ;
(D 0J .
( 2 ) Council Decisión 74 / 325 / EEC of 27.6.1974
( 3 ) OJ .
( 4 ) OJ .
( 5 ) COM ( 87 ) 520 final - Council Resolution of 21.12.1987 , OJ C 28 of 3.2.1988
 ---pagebreak--- Whereas the Council Resolution of 21 December 1987 on safety , hygiene and
health at work took note of the Commission 's intention to submit to the
Council in the near future a directive on protection against the risks
resulting from the handling of heavy loads ;
Whereas Member States have a responsibility to ensure the safety and health of
persons on their territory , and of workers in particular ;
Whereas Member States' legislative systems differ widely with regard to the
prevention of industrial accidents and occupational diseases caused by the
manual handling of heavy loads ;
Whereas , in order to achieve the maximum degree of protection which is
reasonably practicable , it is essential that workers and their representatives
be informed of the risks to their safety and health and of the measures
required to reduce or eliminate these risks ;
Whereas cooperation between employers and workers and workers' representatives
must be strengthened ;
Whereas employers must keep abreast of technological progress in order to
provide optimum safety and health protection for their workers ;
Whereas a committee must be set up to assist the Commission in implementing
the additional measures provided for in the Directive ,
HAD ADOPTED THIS DIRECTIVE
 ---pagebreak---                                       Artide 1
This Directive , which is an individual Directive within the meaning of Article
13 of Directive ...( 1 ), lays down the minimum health and safety requirements
for workers for the manual handling of heavy loads .
                                      Article 2
The Member States shall take the necessary measures to ensure that , in order
to protect the health and safety of workers , employers , as far as possible ,
prevent them from having to handle heavy loads without mechanical assistance .
                                      Article 3
1.  Where the manual handling of a heavy load cannot be avoided , in order to
    assess the safety of the type of work involved , the employer must examine
    in advance
    - the physical effort required , and
    - the characteristics of the load .
    For the assessment of these two factors reference shall be made to Annex I.
 ---pagebreak--- 2.  In order to take the necessary measures to reduce the risk of back injury ,
    employers must take into account the physical and organizational factors
    listed in Annex II when heavy loads are to be handled manually .
                                    Artide 4
Employers must take account of the individual characteristics of the workers
when organizing manual handling work on the basis of Annex III .
                                    Artide 5
1.  Workers must be given proper training and information on the risks they
    incur when carrying out activities which may cause back injury if they are
    not done correctly . There must be qualified staff to carry out frequent
    supervision .
2.  As far as possible workers shall also be informed of :
    - the weight of a heavy load
    - the centre of gravity or the heaviest side when a package is
      eccentrically loaded .
                                    Article 6
The employer must consult the workers or their representatives about the
measures taken pursuant to this Directive .
 ---pagebreak---                                      Artide 7
1.  The Commission shall adapt the annexes of this Directive to take account
    of technical progress and the development of international regulations or
    specifications on the manual handling of heavy loads .
2.  When adapting the annexes in accordance with the previous paragraph , the
    Commission shall be assisted by a committee in accordance with the
    procedure provided for under Article 14 of Directive ...( 1 ).
                                     Article 8
1.  The Member States shall adopt the laws , regulations and administrative
    provisions necessary to comply with this Directive by 1.1.1991 at the
    latest . They shall immediately inform the Commission thereof .
2.  The Member States shall forward to the Commission the texts of any
    national legislation which they adopt in the field governed by this
    Directive .
3.  The Member States shall report back to the Commission every two years on
    the practical implementation of the provisions of this Directive on the
    handling of heavy loads , indicating the views of the employers and
    workers . The Commission shall inform the Committee and the tripartite
    committee .
(1) ■
 ---pagebreak---                                     Article 9
This Directive is addressed to the Member States .
                                       Done at Brussels
                                        For the Council
                                       The President
 ---pagebreak---                                                         ANNEX I
Characteri sties of the load and the physical effort involved
1.  A load may present a risk of back injury if it is :
    - too heavy , too large , or both
    - unwieldy and / or difficult to grasp
    - unbalanced , unstable or has contents likely to shift
    - located in a position requiring to be held or manipulated at a distance
      from the trunk , or with the trunk in a stooped or twisted posture , or
      with the trunk leaning sideways .
2.  A physical effort may present a risk of back injury if it is :
    - too strenuous
    - badly placed in relation to the body ( see last indent above )
    - only achieved by a twisting movement of the trunk
    - likely to result in a sudden movement by the object being manipulated
    - made with the body in an unstable posture .
                                                                              I/.
 ---pagebreak---                                                        ANNEX II
                  Reference factors referred to in Article 3
1. The work environment may present a risk of back injury if :
   - the activity cannot be carried out with adequate headroom
   - the floor is uneven , presents tripping hazards , or is slippery in
     relation to the worker 's footwear
   - it prevents access to , carriage of or placement of a load at a safe ,
     height with good posture by the worker
   - an exceptional effort is required for maintenance work on machinery .
2. The task may also present a risk of back injury if it requires :
   - too frequent or prolonged physical effort by a part or all of the body
   - an insufficient rest and recovery period
   - excessive lifting , lowering or carrying distances .
 ---pagebreak---                                                        ANNEX III
                       Workers referred to in Article 4 ( 2 )
The worker may be at risk if he / she is :
- unable physically to carry out the task in question ( including workers who
  are handicapped , ill or pregnant )
- too small or tall for the task
- inappropriately dressed , including unsuitable footwear
  untrained for the task .
 ---pagebreak---                                     FINANCIAL RECORD SHEET
1.    Budget item concerned
      A 2510 : Compulsory committees
      A 2513 : Advisory Committee on Safety , Hygiene and Health Protection at Work
      B 6482 : Health protection , hygiene and safety at work .
2.    Legal basis
      a)    Article 118A of the EEC Treaty .
      b ) Commission Communication on its programme concerning safety , hygiene
            and health at work ( COM ( 87 ) 520 - Council Resolution of 21.12.1987 )
            ( 1 ).
3.    Proposed classification into compulsory / non-compulsory expenditure
      Non-compulsory .
4.    Description and justification of the action
      4.1    Description
      4.1.1      Objectives of the proposed Directive
                 The aim of the proposal is to improve the health and safety of
                 workers when manually handling heavy loads by preventing possible
                 back injuries .
      4.1.2      Characteristics of the proposed Directive ( with particular
                 reference to those with financial implications )
      4 . 1.2.1    The proposal and , in particular , its annexes may be adapted and
                   supplemented in order :
                   -  to define more closely or amplify aspects of the safety and
                      health of workers which are related to the handling of heavy
                      loads .
                   Parts of the proposal contain provisions which will have to be
                   specified in technical terms by means of harmonized Community
                   standards .
                   In accordance with the Council Resolution of 7 May 1985 ,
                   standardization work is not the responsibility of the Commission
                   but of the European standardization organizations . The
                   Commission communication referred to in 2.b provides for trade
                   union participation in this work .
( 1 ) OJ C 28 of 3.2.1988
                                                                                     (V
 ---pagebreak--- 4 ; 1.2 . 2   The proposal stipulates that the Member States shall forward to
              the Commission their relevant national implementing legislation .
4 . 1.2 . 3   The proposal also makes provision for the creation of a committee
              to assist the Commission in supplementary and management work in
              this area .
4.2     Justification
       The action is justified by the legal basis given in point 2 . The
        financial implications will be associated with the additional
       activities to be undertaken in the future ( see point 4.1 ) and are set
       out in point 5 .
Mature of the expenditure and method of calculation
5. 1   Mature of the additional activities to be undertaken following the
       adoption of the Directive :
       a ) preparation of technical reports ( standards ) at Community level
        b ) monitoring of the implementation of the Directive in the
             individual Member States
        c)   revision of the annexes and the addition of new annexes
       d)    consultations with experts
        e)   the running of the Adaptation Committee
        f)   consultations with the tripartite Advisory Committee .
5.2    Types of activity resulting from 5.1 with financial implications
       These are :
       - " standardization " contracts ( technical reports )
       - study and /or service contracts for
            . the comparison and appraisal of the information received by the
              Commission
            . the study of the problems associated with the practical
              implementation of the Directive
            . the study of the problems associated with the annexes and the
              preparation of new annexes to be added to the Directive
       - costs of consultation meetings with experts
        - costs of running the Adaptation Committee and the tripartite
            Committee .
5.3     Calculation of expenditure
        As only the nature and type of the additional activities are known
       with no indication of their scale or number , it is impossible to make
       a precise estimate of the expenditure .
       The funding provided for the contractual standardization work
        ( technical reports ) will be based on the work assigned to each
        contractor .
       It will include the costs incurred by the central units of the
        European standardization organizations in organizing the
        standardization programmes assigned to them as well as a contribution
        to the costs incurred by the committees and technical groups in
       carrying out such programmes . Costs may also include those incurred
       by experts appointed to carry out specific tasks in this area .
 ---pagebreak---         Costs are calculated on the basis of the " man/month " unit ; at
        present , one unit is equivalent to 5 000 ECU .
        The funding provided for trade union participation will depend on the
        number of European standards ( technical reports ) being prepared and
        on the scale of the work .
        In any event , the expenditure will be spread over several years and
        will be progressive . The figures given in 6.1 are approximate
        estimates .
        The work involved in drawing up standards ( technical reports ) will
        undoubtedly extend beyond the first five years .
6. Financial impact of the action on intervention appropriations
   6.1  Schedule of commitment appropriations and payment appropriations
                                   CA ( ECU )           PA ( ECU !
        1988                        50   000             50  000
        1989                       150   000            150  000
        1990                       200   000            200  000
        1991                       200   000            200  000
        1992                       150   000            150  000
        Total                      750 000              750 000
        Item A 2510 :
                                   CA ( ECU )           PA ( ECU )
        1988                           -.                   –
        1989                        20   000             20  000
        1990                        40   000             40  000
        1991                        40   000             40  000
        1992                        40   000             40  000
        Total                      140 000              140 000
        Item A 2513 :
                                   CA ( ECU )           PA ( ECU )
        1988                            --                  _
        1989                        10   000             10  000
        1990                        15   000             15  000
        1991                        15   000             15  000
         1992                        15  000             15  000
        Total                       55 000               55 000
   6.2  Percentage of Community funding in the total cost of the action
        Since the bodies involved in standardization work normally bear their
        own costs , the Community contribution to the financing of the
        standardization projects ( technical reports ) should not exceed 50% of
        the overall costs .
        However , it should be noted that the Community contribution will be
        reduced if the EFTA countries decide to participate in this
        standardization work .
 ---pagebreak---            The Community contribution to the financing of trade union
           participation in the standardization projects ( technical reports )
           should cover most of the costs incurred .
           For the work provided for in the proposed Directive the Commission
           will provide 100% funding .
7. Remarks
   IMone .
8. Financial impact on staff appropriations
   8.1     Personnel needed solely for the action itself
           As from 1989 , one half-time A-grade official , one half-time B-grade
           official and one half-time C-grade official will be needed .
           These resources will have to be found either by redeployment of staff
           within DG V or within the context of the budgeting procedure .
   8.2     Appropriations needed for staff
           The estimated appropriations needed as from 1989 are 120.000 ECU per
           year .
 ---pagebreak---                         Assessment of impact on competitiveness
                                     and employment
Proposal for a Council Directive on the minimum health and safety requirements
for handling heavy loads where there is a risk of back injury for workers
( fifth individual Directive within the meaning of Article 13 of Directive . ..)
(1)
1.    The main aim of the proposal is to protect the health and safety of
      workers by introducing measures to reduce the manual carrying of heavy
      loads as far as is reasonably possible and to reduce the risk of back
      injury involved by taking the various risk factors into account .
2.    The proposal applies to all undertakings in the Community , including small
      and medium-sized undertakings .
3.    The national provisions adopted pursuant to this Directive will impose
      certain requirements on undertakings .
      The main aim of all these requirements is to improve safety in
      undertakings , which will result in a substantial reduction in cost for
      society as a whole .
4.    The proposal provides that Member States shall take appropriate measures
      to ensure that the health and safety of workers is protected during manual
      load-handling work . Undertakings must analyse the risks involved in
      handling loads and take whatever measures are necessary to improve safety ,
      which , it is anticipated , will reduce the level of industrial accidents
      and occupational diseases .
( 1 ) ...
 ---pagebreak---                                         2
5. Although the proposal does not impose any particular constraints on SMUs
   compared with larger undertakings , SMUs could find themselves at a
   disadvantage if the Member States apply the various elements of the
   proposal to the letter .
   This is why certain requirements may be modulated to take account of the
   size and activity of the undertaking and the safety and health risks
   involved for the workers .
   The concept " where reasonably practicable " takes account of socio-economic
   factors .
6. Improving health and safety at work should make undertakings more
   efficient , thus enabling them to become more competitive without cutting
   the workforce .
   The measu-es provided for in this Directive will benefit employers since
   they will result in fewer working days lost .
7. Detailed consultations have been held on the proposal and an opinion has
   been given by the the Advisory Committee for Safety , Hygiene and Health
   Protection at Work ( set up under Council Decision 74 / 325 / EEC of 27.6.1974
   - OJ L 185 of 9.7.1974 ). The Committee 's opinion was taken into account
   in the drafting of the proposal . The various employers' interests are
   represented in this tripartite Committee .
   In view of the fact that back injuries are one of the main causes of
   unfitness for work in the Community and that many such injuries could be
   avoided , with considerable economic benefits , by modifying working methods
   and by better organization of work , this proposal for a Directive has been
   drawn up as a matter of urgency by the Commission following the trans¬
   mission on 23 October 1987 of its programme concerning safety , hygiene and
                                                                                  '9 .
 ---pagebreak---        health at work ( 1 ).
       In order to reduce the economic impact of the Directive it is scheduled to
       come into force on 1 January 1990 .
( 1 ) COM ( 87 ) 520 and Council Resolution 88 /C 28 / 1 of 21.12.1987 , OJ C 28 of
      3.2.1988