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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 137(2) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee(1),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1) Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Directive should be codified.
(2) This Directive is an individual directive within the meaning of Article 16(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(5). Therefore, the provisions of Directive 89/391/EEC are fully applicable to the scope of the use of work equipment by workers at work, without prejudice to more stringent or specific provisions contained in this Directive.
(3) Article 137(2) of the Treaty provides that the Council may adopt, by means of directives, minimum requirements for encouraging improvements, in particular, of the working environment so as to protect workers’ health and safety.
(4) Pursuant to the said Article, such directives must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
(5) The provisions adopted pursuant to Article 137(2) of the Treaty do not preclude any Member State from maintaining or introducing more stringent measures for the protection of working conditions provided they are compatible with the Treaty.
(6) Compliance with the minimum requirements designed to guarantee a better standard of safety and health in the use of work equipment is essential in order to ensure the safety and health of workers.
(7) The improvement of occupational safety, hygiene and health is an objective which should not be subordinated to purely economic considerations.
(8) Work at a height may expose workers to particularly severe risks to their health and safety, notably to the risks of falls from a height and other serious occupational accidents, which account for a large proportion of all accidents, especially of fatal accidents.
(9) This Directive constitutes a practical aspect of the realisation of the social dimension of the internal market.
(10) Pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(6), Member States are required to notify the Commission of any draft technical regulations relating to machines, equipment and installations.
(11) This Directive is the most appropriate means of achieving the desired objectives and does not go beyond what is necessary for that purpose.
(12) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B,
HAVE ADOPTED THIS DIRECTIVE:
1.This Directive, which is the second individual directive within the meaning of Article 16(1) of Directive 89/391/EEC, lays down minimum safety and health requirements for the use of work equipment by workers at work, as defined in Article 2.
2.The provisions of Directive 89/391/EEC are fully applicable to the whole scope referred to in paragraph 1, without prejudice to more stringent or specific provisions contained in this Directive.
For the purposes of this Directive, the following terms shall have the following meanings:
:
any machine, apparatus, tool or installation used at work;
:
any activity involving work equipment such as starting or stopping the equipment, its use, transport, repair, modification, maintenance and servicing, including, in particular, cleaning;
:
any zone within or around work equipment in which an exposed worker is subject to a risk to his health or safety;
:
any worker wholly or partially in a danger zone;
:
the worker or workers given the task of using work equipment.
1.The employer shall take the measures necessary to ensure that the work equipment made available to workers in the undertaking or establishment is suitable for the work to be carried out or properly adapted for that purpose and may be used by workers without impairment to their safety or health.
In selecting the work equipment which he proposes to use, the employer shall pay attention to the specific working conditions and characteristics and to the hazards which exist in the undertaking or establishment, in particular at the workplace, for the safety and health of the workers, and any additional hazards posed by the use of the work equipment in question.
2.Where it is not possible in this way fully to ensure that work equipment can be used by workers without risk to their safety or health, the employer shall take appropriate measures to minimise the risks.
1.Without prejudice to Article 3, the employer shall obtain and/or use:
(a)work equipment which, if provided to workers in the undertaking or establishment for the first time after 31 December 1992, complies with:
the provisions of any relevant Community directive which is applicable;
the minimum requirements laid down in Annex I, to the extent that no other Community directive is applicable or is so only partially;
(b)work equipment which, if already provided to workers in the undertaking or establishment by 31 December 1992, complies with the minimum requirements laid down in Annex I no later than 4 years after that date;
(c)without prejudice to point (a)(i), and by way of derogation from point (a)(ii) and point (b), specific work equipment subject to the requirements of point 3 of Annex I, which, if already provided to workers in the undertaking or establishment by 5 December 1998, complies with the minimum requirements laid down in Annex I, no later than 4 years after that date.
2.The employer shall take the measures necessary to ensure that, throughout its working life, work equipment is kept, by means of adequate maintenance, at a level such that it complies with point (a) or (b) of paragraph 1 as applicable.
3.Member States shall, after consultation with both sides of industry, and with due allowance for national legislation and/or practice, establish procedures whereby a level of safety may be attained corresponding to the objectives indicated by Annex II.
1.The employer shall ensure that where the safety of work equipment depends on the installation conditions, it shall be subject to an initial inspection (after installation and before first being put into service) and an inspection after assembly at a new site or in a new location by competent persons within the meaning of national laws and/or practices, to ensure that the work equipment has been installed correctly and is operating properly.
2.In order to ensure that health and safety conditions are maintained and that deterioration liable to result in dangerous situations can be detected and remedied in good time, the employer shall ensure that work equipment exposed to conditions causing such deterioration is subject to:
(a)periodic inspections and, where appropriate, testing by competent persons within the meaning of national laws and/or practices;
(b)special inspections by competent persons within the meaning of national laws and/or practices each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred, such as modification work, accidents, natural phenomena or prolonged periods of inactivity.
3.The results of inspections shall be recorded and kept at the disposal of the authorities concerned. They must be kept for a suitable period of time.
When work equipment is used outside the undertaking it shall be accompanied by physical evidence that the last inspection has been carried out.
4.Member States shall determine the conditions under which such inspections are made.
When the use of work equipment is likely to involve a specific risk to the safety or health of workers, the employer shall take the measures necessary to ensure that:
the use of work equipment is restricted to those persons given the task of using it;
in the case of repairs, modifications, maintenance or servicing, the workers concerned are specifically designated to carry out such work.
The workplace and position of workers while using work equipment and ergonomic principles shall be taken fully into account by the employer when applying minimum health and safety requirements.
1.Without prejudice to Article 10 of Directive 89/391/EEC, the employer shall take the measures necessary to ensure that workers have at their disposal adequate information and, where appropriate, written instructions on the work equipment used at work.
2.The information and the written instructions shall contain at least adequate safety and health information concerning:
(a)the conditions of use of work equipment;
(b)foreseeable abnormal situations;
(c)the conclusions to be drawn from experience, where appropriate, in using work equipment.
Workers shall be made aware of dangers relevant to them, work equipment present in the work area or site, and any changes affecting them, inasmuch as they affect work equipment situated in their immediate work area or site, even if they do not use such equipment directly.
3.The information and the written instructions shall be comprehensible to the workers concerned.
Without prejudice to Article 12 of Directive 89/391/EEC, the employer shall take the measures necessary to ensure that:
workers given the task of using work equipment receive adequate training, including training on any risks which such use may entail;
workers referred to in Article 6(b) receive adequate specific training.
Consultation and participation of workers and/or of their representatives on the matters covered by this Directive, including the Annexes thereto, shall take place in accordance with Article 11 of Directive 89/391/EEC.
1.The addition to Annex I of supplementary minimum requirements applicable to specific work equipment, as referred to in point 3 thereof, shall be adopted by the Council in accordance with the procedure laid down in Article 137(2) of the Treaty.
2.Strictly technical adaptations of the Annexes shall be adopted, in accordance with the procedure laid down in Article 17(2) of Directive 89/391/EEC, as a result of:
(a)the adoption of directives on technical harmonisation and standardisation of work equipment; and/or
(b)technical progress, changes in international regulations or specifications or knowledge in the field of work equipment.
Member States shall communicate to the Commission the text of the provisions of national law which they have already adopted or adopt in the field governed by this Directive.
Directive 89/655/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Strasbourg, 16 September 2009.
For the European Parliament
The President
J. Buzek
For the Council
The President
C. Malmström
The obligations laid down in this Annex apply having regard to this Directive and where the corresponding risk exists for the work equipment in question.
The following minimum requirements, inasmuch as they apply to work equipment in use, do not necessarily call for the same measures as the essential requirements concerning new work equipment.
Except where necessary for certain control devices, control devices must be located outside danger zones and in such a way that their operation cannot pose any additional hazard. They must not give rise to any hazard as a result of any unintentional operation.
If necessary, from the main control position, the operator must be able to ensure that no person is present in the danger zones. If this is impossible, a safe system such as an audible and/or visible warning signal must be given automatically whenever the machinery is about to start. An exposed worker must have the time and the means quickly to avoid hazards caused by the starting or stopping of the work equipment.
Control systems must be safe and must be chosen making due allowance for the failures, faults and constraints to be expected in the planned circumstances of use.
The same shall apply:
to restart it after a stoppage for whatever reason,
for the control of a significant change in the operating conditions (e.g. speed, pressure, etc.),
unless such a restart or change does not subject exposed workers to any hazard.
This requirement does not apply to restarting or a change in operating conditions as a result of the normal operating cycle of an automatic device.
Each work station must be fitted with a control to stop some or all of the work equipment, depending on the type of hazard, so that the equipment is in a safe state. The equipment’s stop control must have priority over the start controls. When the work equipment or the dangerous parts of it have stopped, the energy supply of the actuators concerned must be switched off.
Work equipment presenting hazards due to emissions of gas, vapour, liquid or dust must be fitted with appropriate containment and/or extraction devices near the sources of the hazard.
The guards and protection devices must:
be of robust construction,
not give rise to any additional hazard,
not be easily removed or rendered inoperative,
be situated at sufficient distance from the danger zone,
not restrict more than necessary the view of the operating cycle of the equipment,
allow operations necessary in order to fit or replace parts and for maintenance work, restricting access only to the area where the work is to be carried out and, if possible, without removal of the guard or protection device.
If any machine has a maintenance log, it must be kept up to date.
Reconnection must be presumed to pose no risk to the workers concerned.
Those risks must include the risks of contact by workers with, or trapping by, wheels or tracks.
Where such a seizure cannot be avoided, every possible measure must be taken to avoid any adverse effects on workers.
by a protection structure designed to ensure that the equipment does not tilt by more than a quarter turn, or
by a structure giving sufficient clearance around the ride-on workers if the tilting movement can continue beyond a quarter turn, or
by some other device of equivalent effect.
These protection structures may be an integral part of the work equipment.
These protection structures are not required when the work equipment is stabilised during operation or where the design makes roll-over impossible.
Where there is a risk of a ride-on worker being crushed between parts of the work equipment and the ground, should the equipment roll over, a restraining system for the ride-on workers must be installed.
by the installation of an enclosure for the driver, or
by a structure preventing the fork-lift truck from overturning, or
by a structure ensuring that, if the fork-lift truck overturns, sufficient clearance remains between the ground and certain parts of the fork-lift truck for ride-on workers, or
by a structure restraining the workers on the driving seat so as to prevent them from being crushed by parts of the fork-lift truck which overturns.
the equipment must have facilities for preventing unauthorised start-up;
it must have appropriate facilities for minimising the consequences of a collision where there is more than one item of track-mounted work equipment in motion at the same time;
there must be a device for braking and stopping equipment. Where safety constraints so require, emergency facilities operated by readily accessible controls or automatic systems must be available for braking and stopping equipment in the event of failure of the main facility;
where the driver’s direct field of vision is inadequate to ensure safety, adequate auxiliary devices must be installed to improve visibility;
work equipment designed for use at night or in dark places must be equipped with lighting appropriate to the work to be carried out and must ensure sufficient safety for workers;
work equipment which constitutes a fire hazard, either on its own or in respect of whatever it is towing or carrying, and which is liable to endanger workers must be equipped with appropriate fire-fighting appliances where such appliances are not available sufficiently nearby at the place of use;
remote-controlled work equipment must stop automatically once it leaves the control range;
remote-controlled work equipment which may in normal conditions engender a crushing or impact hazard must have facilities to guard against this risk, unless other appropriate devices are present to control the impact risk.
Accessories for lifting must be marked in such a way that it is possible to identify the characteristics essential for safe use.
Work equipment which is not designed for lifting persons but which might be so used in error must be appropriately and clearly marked to this effect.
striking workers;
unintentionally drifting dangerously or falling freely;
being released unintentionally.
prevent the risk of the car falling, where one exists, by means of suitable devices;
prevent the risk of the user himself falling from the car, where one exists;
prevent the risk of the user being crushed, trapped or struck, in particular through inadvertent contact with objects;
ensure that persons trapped in the car in the event of an incident are not exposed to danger and can be freed.
If, for reasons inherent in the site and in height differences, the risks referred to in point (a) cannot be avoided by any safety measures, an enhanced safety coefficient suspension rope must be installed and checked every working day.
This Annex applies having regard to this Directive and where the corresponding risk exists for the work equipment in question.
If work can be done properly only if workers on foot are present, appropriate measures must be taken to prevent them from being injured by the equipment.
Without prejudice to Article 5 of Directive 89/391/EEC, exceptionally, work equipment which is not specifically designed for the purpose of lifting persons may be used for that purpose, provided appropriate action has been taken to ensure safety in accordance with national legislation and/or practice providing for appropriate supervision.
While workers are on work equipment designed for lifting loads the control position must be manned at all times. Persons being lifted must have reliable means of communication. In the event of danger, there must be reliable means of evacuating them.
Loads may not be moved above unprotected workplaces usually occupied by workers.
Where that is the case, if work cannot be carried out properly any other way, appropriate procedures must be laid down and applied.
In particular, if a load has to be lifted simultaneously by two or more items of work equipment designed for lifting non-guided loads, a procedure must be established and applied to ensure good coordination on the part of the operators.
Suspended loads must not be left unsupervised unless access to the danger zone is prevented and the load has been safely suspended and is safely held.
The most appropriate means of access to temporary workplaces at a height must be selected according to the frequency of passage, the height to be negotiated and the duration of use. The choice made must permit evacuation in the event of imminent danger. Passage in either direction between a means of access and platforms, decks or gangways must not give rise to any additional risks of falling.
Taking the risk assessment into account and depending in particular on the duration of the job and the ergonomic constraints, provision must be made for a seat with appropriate accessories.
understanding of the plan for the assembly, dismantling or alteration of the scaffolding concerned;
safety during the assembly, dismantling or alteration of the scaffolding concerned;
measures to prevent the risk of persons or objects falling;
safety measures in the event of changing weather conditions which could adversely affect the safety of the scaffolding concerned;
permissible loads;
any other risks which the abovementioned assembly, dismantling or alteration operations may entail.
The person supervising and the workers concerned must have available the assembly and dismantling plan referred to in point 4.3.2, including any instructions which it may contain.
The use of rope access and positioning techniques must comply with the following conditions:
the system must comprise at least two separately anchored ropes, one as a means of access, descent and support (work rope) and the other as backup (security rope);
workers must be provided with and use an appropriate harness and must be connected by it to the security rope;
the work rope must be equipped with safe means of ascent and descent and have a self-locking system to prevent the user falling should he lose control of his movements. The security rope must be equipped with a mobile fall prevention system which follows the movements of the worker;
the tools and other accessories to be used by a worker must be secured to the worker’s harness or seat or by some other appropriate means;
the work must be properly planned and supervised, so that a worker can be rescued immediately in an emergency;
in accordance with Article 9, the workers concerned must receive adequate training specific to the operations envisaged, in particular rescue procedures.
In exceptional circumstances where, in view of the assessment of risks, the use of a second rope would make the work more dangerous, the use of a single rope may be permitted, provided that appropriate measures have been taken to ensure safety in accordance with national legislation and/or practice.
Repealed Directive with its successive amendments
(referred to in Article 13)
Council Directive 89/655/EEC | |
Council Directive 95/63/EC | |
Directive 2001/45/EC of the European Parliament and of the Council | |
Directive 2007/30/EC of the European Parliament and of the Council | Only as regards the reference made in point 3 of Article 3 of Directive 89/655/EEC |
List of time limits for transposition into national law
(referred to in Article 13)
a Member States shall have the right, as regards the implementation of point 4 of Annex II to Directive 89/655/EEC, to make use of a transitional period of not more than 2 years from 19 July 2004, in order to take account of the various situations which might arise from the practical implementation of Directive 2001/45/EC in particular by small and medium-sized enterprises. | |
Directive | Time limit for transposition |
---|---|
89/655/EEC | 31 December 1992 |
95/63/EC | 4 December 1998 |
2001/45/EC | 19 July 2004a |
2007/30/EC | 31 December 2012 |
Directive 89/655/EEC | This Directive |
---|---|
Article 1 | Article 1 |
Article 2 | Article 2 |
Article 3 | Article 3 |
Article 4 | Article 4 |
Article 4a(1) | Article 5(1) |
Article 4a(2), first and second indents | Article 5(2), points (a) and (b) |
Article 4a(3) | Article 5(3) |
Article 4a(4) | Article 5(4) |
Article 5, first and second indents | Article 6, points (a) and (b) |
Article 5a | Article 7 |
Article 6(1) | Article 8(1) |
Article 6(2), first subparagraph, first, second and third indents | Article 8(2), first subparagraph, points (a), (b) and (c) |
Article 6(2), second subparagraph | Article 8(2), second subparagraph |
Article 6(3) | Article 8(3) |
Article 7, first indent | Article 9, point (a) |
Article 7, second indent | Article 9, point (b) |
Article 8 | Article 10 |
Article 9(1) | Article 11(1) |
Article 9(2), first and second indents | Article 11(2), points (a) and (b) |
Article 10(1) | — |
Article 10(2) | Article 12 |
— | Article 13 |
— | Article 14 |
Article 11 | Article 15 |
Annex I | Annex I |
Annex II | Annex II |
— | Annex III |
— | Annex IV |
Opinion of the European Parliament of 8 July 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.
See Annex III, Part A.