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Regulation 2(2)

SCHEDULE 3ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY

(Annex I of the Machinery Directive)

PRELIMINARY OBSERVATIONS

The obligations laid down by the essential health and safety requirements apply only when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the manufacturer. In any event, requirements 1.1.2, 1.7.3 and 1.7.4 apply to all machinery covered by this Directive.

The essential health and safety requirements laid down in this Directive are mandatory. However, taking into account the state of the art(1), it may not be possible to meet the objectives set by them. In this case, the machinery must as far as possible be designed and constructed with the purpose of approaching those objectives.

1.  ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

1.1. General remarks

1.1.1.Definitions

For the purpose of this Directive

1.

“danger zone” means any zone within and/or around machinery in which an exposed person is subject to a risk to his health or safety;

2.

“exposed person” means any person wholly or partially in a danger zone;

3.

“operator” means the person or persons given the task of installing, operating, adjusting, maintaining, cleaning, repairing or transporting machinery.

1.1.2.Principles of safety integration

(a)Machinery must be so constructed that it is fitted for its function, and can be adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen by the manufacturer.

(b)In selecting the most appropriate methods, the manufacturer must apply the following principles, in the order given:

(c)When designing and constructing machinery, and when drafting the instructions, the manufacturer must envisage not only the normal use of the machinery but also uses which could reasonably be expected.

(d)Under the intended conditions of use, the discomfort, fatigue and psychological stress faced by the operator must be reduced to the minimum possible taking ergonomic principles into account.

(e)When designing and constructing machinery, the manufacturer must take account of the constraints to which the operator is subject as a result of the necessary or foreseeable use of personal protection equipment (such as footwear, gloves, etc).

(f)Machinery must be supplied with all the essential special equipment and accessories to enable it to be adjusted, maintained and used without risk.

1.1.3.Materials and products

1.1.4.Lighting

1.1.5.Design of machinery to facilitate its handling

1.2. Controls

1.2.1.Safety and reliability of control systems

1.2.2.Control devices

1.2.3.Starting

1.2.4.Stopping device

1.2.5.Mode selection

1.2.6.Failure of the power supply

1.2.7.Failure of the control circuit

1.2.8.Software

1.3. Protection against mechanical hazards

1.3.1.Stability

1.3.2.Risk of break-up during operation

1.3.3.Risks due to falling or ejected objects

1.3.4.Risks due to surfaces, edges or angles

1.3.5.Risks related to combined machinery

1.3.6.Risks relating to variations in the rotational speed of tools

1.3.7.Prevention of risks related to moving parts

1.3.8.Choice of protection against risks related to moving parts

1.4. Required characteristics of guards and protection devices

1.4.1.General requirement

1.4.2.Special requirements for guards

1.4.2.1.Fixed guards Fixed guards must be securely held in place.

1.4.2.2.Movable guards

A.Type A movable guards must:

B.Type B movable guards must be designed and incorporated into the control system so that:

1.4.2.3.Adjustable guards restricting access

1.4.3.Special requirements for protection devices

1.5. Protection against other hazards

1.5.1.Electricity supply

1.5.2.Static electricity

1.5.3.Energy supply other than electricity

1.5.4.Errors of fitting

1.5.5.Extreme temperatures

1.5.6.Fire

1.5.7.Explosion

1.5.8.Noise

1.5.9.Vibration

1.5.10.Radiation

1.5.11.External radiation

1.5.12.Laser equipment

1.5.13.Emissions of dust, gases, etc

1.6. Maintenance

1.6.1.Machinery maintenance

1.6.2.Access to operating position and servicing points

1.6.3.Isolation of energy sources

1.6.4.Operator intervention

1.6.5.Cleaning of internal parts

1.7. Indicators

1.7.0.Information devices

1.7.1.Warning devices

1.7.2.Warning of residual risks

1.7.3.Marking

1.7.4.Instructions

(a)All machinery must be accompanied by instructions including at least the following:

Where necessary, the instructions should draw attention to ways in which the machinery should not be used.

(b)The instructions must be drawn up by the manufacturer or his authorised representative established in the Community in one of the languages of the country in which the machinery is to be used and should preferably be accompanied by the same instructions drawn up in another Community language, such as that of the country in which the manufacturer or his authorised representative is established. By way of derogation from this requirement, the maintenance instructions for use by the specialised personnel frequently employed by the manufacturer or his authorised representative may be drawn up in only one of the official Community languages.

(c)The instructions must contain the drawings and diagrams necessary for putting into service, maintenance, inspection, checking of correct operation and, where appropriate, repair of the machinery, and all useful instructions in particular with regard to safety.

(d)Any sales literature describing the machinery must not contradict the instructions as regards safety aspects; it must give information regarding the airborne noise emissions referred to in (f) and, in the case of hand-held and/or hand-guided machinery, information regarding vibration as referred to in 2.2.

(e)Where necessary, the instructions must give the requirements relating to installation and assembly for reducing noise or vibration (eg use of dampers, type and mass of foundation block, etc).

(f)The instructions must give the following information concerning airborne noise emissions by the machinery, either the actual value or a value established on the basis of measurements made on identical machinery;

In the case of very large machinery, instead of the sound power level, the equivalent continuous sound pressure levels at specified positions around the machinery may be indicated.

Where the harmonized standards are not applied, sound levels must be measured using the most appropriate method for the machinery.

The manufacturer must indicate the operating conditions of the machinery during measurement and what methods have been used for the measurement.

Where the workstation(s) are undefined or cannot be defined, sound pressure levels must be measured at a distance of 1 metre from the surface of the machinery and at height of 1.60 metres from the floor or access platform. The position and value of the maximum sound pressure must be indicated.

(g)If the manufacturer foresees that the machinery will be used in a potentially explosive atmosphere, the instructions must give all the necessary information.

(h)In the case of machinery which may also be intended for use by non-professional operators, the wording and layout of the instructions for use, whilst respecting the other essential requirements mentioned above, must take into account the level of general education and acumen that can reasonably be expected from such operators.

2.  ADDITIONAL ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY

2.1. Agri-foodstuffs machinery

2.2. Portable hand-held and/or hand-guided machinery

2.3. Machinery for working wood and analogous materials

3.  ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY OF MACHINERY

In addition to the essential health and safety requirements given in the sections 1 and 2, machinery presenting hazards due to mobility must be designed and constructed to meet the requirements below.

Risks due to mobility always exist in the case of machinery which is self-propelled, towed or pushed or carried by other machinery or tractors, is operated in working areas and whose operations requires either mobility while working, be it continuous or semicontinuous movement, between a succession of fixed working positions.

Risks due to mobility may also exist in the case of machinery operated without being moved, but equipped in such a way as to enable it to be moved more easily from one place to another (machinery fitted with wheels, rollers, runners, etc. or placed on gantries, trolleys, etc).

In order to verify that rotary cultivators and power harrows do not present unacceptable risks to the exposed persons, the manufacturer or his authorised representative established within the Community must, for each type of machinery concerned, perform the appropriate tests or have such tests performed.

3.1. General

3.1.1.Definition

“Driver” means an operator responsible for the movement of machinery. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may be guiding the machinery by remote control (cables, radio, etc).

3.1.2.Lighting

3.1.3.Design of machinery to facilitate its handling

3.2. Work stations

3.2.1.Driving position

3.2.2.Seating

3.2.3.Other places

3.3. Controls

3.3.1.Control devices

3.3.2.Starting/moving

3.3.3.Travelling function

3.3.4.Movement of pedestrian-controlled machinery

3.3.5.Control circuit failure

3.4. Protection against mechanical hazards

3.4.1.Uncontrolled movements

3.4.2.Risk of break-up during operation

3.4.3.Rollover

3.4.4.Falling objects

3.4.5.Means of access

3.4.6.Towing devices

3.4.7.Transmission of power between self-propelled machinery (or tractor) and recipient machinery

3.4.8.Moving transmission parts

3.5. Protection against other hazards

3.5.1.Batteries

3.5.2.Fire

3.5.3.Emissions of dust, gases, etc.

3.6. Indications

3.6.1.Signs and warning

3.6.2.Marking

3.6.3.Instruction handbook

4.  ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO A LIFTING OPERATION

In additon to the essential health and safety requirements given in sections 1, 2 and 3, machinery presenting hazards due to lifting operations — mainly hazards of load falls and collisions or hazards of tipping caused by a lifting operation — must be designed and constructed to meet the requirements below.

Risks due to a lifting operation exist particularly in the case of machinery designed to move a unit load involving a change in level during the movement. The load may consist of objects, materials or goods.

4.1. General remarks

4.1.1.Definitions

(a)lifting accessories:

(b)separate lifting accessories:

(c)guided load:

(d)working coefficient:

(e)test coefficient:

(f)static test

(g)dynamic test:

4.1.2.Protection against mechanical hazards

4.1.2.1.Risks due to lack of stability

4.1.2.2.Guide rails and rail tracksMachinery must be provided with devices which act on the guide rails or tracks to prevent derailment.

4.1.2.3.Mechanical strength

4.1.2.4.Pulleys, drums, chains or ropes

4.1.2.5.Separate lifting accessories

4.1.2.6.Control of movements

4.1.2.7.Handling of loads

4.1.2.8.Lightning

4.2. Special requirements for machinery whose power source is other than manual effort

4.2.1.Controls

4.2.1.1.Driving position

4.2.1.2.Seating

4.2.1.3.Control devices

4.2.1.4.Loading control

4.2.2.Installation guided by cables

4.2.3.Risks to exposed persons. Means of access to driving position and intervention points

4.2.4.Fitness for purpose

4.3. Marking

4.3.1.Chains and ropes

4.3.2.Lifting accessories

4.3.3.Machinery

4.4. Instruction handbook

4.4.1.Lifting accessories

4.4.2.Machinery

5.  ESSENTIAL SAFETY AND HEALTH REQUIREMENTS FOR MACHINERY INTENDED SOLELY FOR UNDERGROUND WORK

In addition to the essential safety and health requirements provided for in sections 1, 2, 3 and 4, machinery intended solely for underground work must be designed and constructed to meet the requirements below.

5.1. Risks due to lack of stability

5.2. Movement

5.3. Lighting

5.4. Control devices

5.5. Stopping

5.6. Fire

5.7. Emissions of dust, gases etc

(1)

The recitals to the Machinery Directive indicate that the essential health and safety requirements must be applied with discernment to take account of the state of the art at the time of construction and of technical and economic requirements.