Annexes to COM(2006)652 - 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) (Codified version)

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dossier COM(2006)652 - Minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within ...
document COM(2006)652 EN
date September 16, 2009
Annex III, Part A.

(5) OJ L 183, 29.6.1989, p. 1.

(6) OJ L 204, 21.7.1998, p. 37.


ANNEX I

MINIMUM REQUIREMENTS

(referred to in points (a)(ii) and (b) of Article 4(1))

1. General comment

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.

2. General minimum requirements applicable to work equipment

2.1.Work equipment control devices which affect safety must be clearly visible and identifiable and appropriately marked where necessary.

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.

2.2.It must be possible to start work equipment only by deliberate action on a control provided for the purpose.

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.

2.3.All work equipment must be fitted with a control to stop it completely and safely.

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.

2.4.Where appropriate, and depending on the hazards the equipment presents and its normal stopping time, work equipment must be fitted with an emergency stop device.

2.5.Work equipment presenting risk due to falling objects or projections must be fitted with appropriate safety devices corresponding to the risk.

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.

2.6.Work equipment and parts of such equipment must, where necessary for the safety and health of workers, be stabilised by clamping or some other means.

2.7.Where there is a risk of rupture or disintegration of parts of the work equipment, likely to pose significant danger to the safety and health of workers, appropriate protection measures must be taken.

2.8.Where there is a risk of mechanical contact with moving parts of work equipment which could lead to accidents, those parts must be provided with guards or devices to prevent access to danger zones or to halt movements of dangerous parts before the danger zones are reached.

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.

2.9.Areas and points for working on, or maintenance of, work equipment must be suitably lit in line with the operation to be carried out.

2.10.Work equipment parts at high or very low temperature must, where appropriate, be protected to avoid the risk of workers coming into contact or coming too close.

2.11.Warning devices on work equipment must be unambiguous and easily perceived and understood.

2.12.Work equipment may be used only for operations and under conditions for which it is appropriate.

2.13.It must be possible to carry out maintenance operations when the equipment is shut down. If this is not possible, it must be possible to take appropriate protection measures for the carrying-out of such operations or for such operations to be carried out outside the danger zones.

If any machine has a maintenance log, it must be kept up to date.

2.14.All work equipment must be fitted with clearly identifiable means to isolate it from all its energy sources.

Reconnection must be presumed to pose no risk to the workers concerned.

2.15.Work equipment must bear the warnings and markings essential to ensure the safety of workers.

2.16.Workers must have safe means of access to, and be able to remain safely in, all the areas necessary for production, adjustment and maintenance operations.

2.17.All work equipment must be appropriate for protecting workers against the risk of the work equipment catching fire or overheating, or of discharges of gas, dust, liquid, vapour or other substances produced, used or stored in the work equipment.

2.18.All work equipment must be appropriate for preventing the risk of explosion of the work equipment or of substances produced, used or stored in the work equipment.

2.19.All work equipment must be appropriate for protecting exposed workers against the risk of direct or indirect contact with electricity.

3. Additional minimum requirements applicable to specific types of work equipment

3.1.   Minimum requirements for mobile work equipment, whether or not self-propelled

3.1.1.   Work equipment with ride-on workers must be fitted out in such a way as to reduce the risks for workers during the journey.

Those risks must include the risks of contact by workers with, or trapping by, wheels or tracks.

3.1.2.   Where an inadvertent seizure of the drive unit between a mobile item of work equipment and its accessories or anything towed might create a specific risk, such work equipment must be equipped or adapted to prevent blockages of the drive units.

Where such a seizure cannot be avoided, every possible measure must be taken to avoid any adverse effects on workers.

3.1.3.   Where drive shafts for the transmission of energy between mobile items of work equipment can become soiled or damaged by trailing on the ground, facilities must be available for fixing them.

3.1.4.   Mobile work equipment with ride-on workers must be designed to restrict, under actual conditions of use, the risks arising from work equipment roll-over:

—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.

3.1.5.   Fork-lift trucks carrying one or more workers must be adapted or equipped to limit the risk of the fork-lift truck overturning, e.g.:

—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.

3.1.6.   Self-propelled work equipment which may, when in motion, engender risks for persons must fulfil the following conditions:

(a)the equipment must have facilities for preventing unauthorised start-up;

(b)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;

(c)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;

(d)where the driver’s direct field of vision is inadequate to ensure safety, adequate auxiliary devices must be installed to improve visibility;

(e)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;

(f)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;

(g)remote-controlled work equipment must stop automatically once it leaves the control range;

(h)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.

3.2.   Minimum requirements for work equipment for lifting loads

3.2.1.   When work equipment for lifting loads is installed permanently, its strength and stability during use must be ensured, having regard, in particular, to the loads to be lifted and the stress induced at the mounting or fixing point of the structures.

3.2.2.   Machinery for lifting loads must be clearly marked to indicate its nominal load, and must where appropriate be fitted with a load plate giving the nominal load for each configuration of the machinery.

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.

3.2.3.   Permanently installed work equipment must be installed in such a way as to reduce the risk of the load:

(a)striking workers;

(b)unintentionally drifting dangerously or falling freely;

(c)being released unintentionally.

3.2.4.   Work equipment for lifting or moving workers must be such as to:

(a)prevent the risk of the car falling, where one exists, by means of suitable devices;

(b)prevent the risk of the user himself falling from the car, where one exists;

(c)prevent the risk of the user being crushed, trapped or struck, in particular through inadvertent contact with objects;

(d)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.


ANNEX II

PROVISIONS CONCERNING THE USE OF WORK EQUIPMENT

(referred to in Article 4(3))

General comment

This Annex applies having regard to this Directive and where the corresponding risk exists for the work equipment in question.

1. General provisions for all work equipment

1.1.Work equipment must be installed, located and used in such a way as to reduce risks to users of the work equipment and for other workers, for example by ensuring that there is sufficient space between the moving parts of work equipment and fixed or moving parts in its environment and that all forms of energy and substances used or produced can be supplied or removed in a safe manner.

1.2.Work equipment must be erected or dismantled under safe conditions, in particular observing any instructions which may have been furnished by the manufacturer.

1.3.Work equipment which may be struck by lightning while being used must be protected by devices or appropriate means to counter the effects of lightning.

2. Provisions concerning the use of mobile equipment, whether or not self-propelled

2.1.Self-propelled work equipment shall be driven only by workers who have been appropriately trained in the safe driving of such equipment.

2.2.If work equipment is moving around in a work area, appropriate traffic rules must be drawn up and followed.

2.3.Organisational measures must be taken to prevent workers on foot coming within the area of operation of self-propelled work equipment.

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.

2.4.The transport of workers on mechanically driven mobile work equipment is authorised only where safe facilities are provided for that purpose. If work must be carried out during the journey, speeds must be adjusted as necessary.

2.5.Mobile work equipment with a combustion engine may not be used in working areas unless sufficient quantities of air presenting no health or safety risk to workers can be guaranteed.

3. Provisions concerning the use of work equipment for lifting loads

3.1.   General considerations

3.1.1.   Work equipment which is mobile or can be dismantled and which is designed for lifting loads must be used in such a way as to ensure the stability of the work equipment during use under all foreseeable conditions, taking into account the nature of the ground.

3.1.2.   Persons may be lifted only by means of work equipment and accessories provided for that purpose.

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.

3.1.3.   Measures must be taken to ensure that workers are not present under suspended loads, unless such presence is required for the effective operation of the work.

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.

3.1.4.   Lifting accessories must be selected according to the loads to be handled, gripping points, attachment tackle and atmospheric conditions having regard to the mode and configuration of slinging. Lifting accessory tackle must be clearly marked so that users are aware of its characteristics where such tackle is not dismantled after use.

3.1.5.   Lifting accessories must be stored in a way that ensures that they will not be damaged or degraded.

3.2.   Work equipment for lifting non-guided loads

3.2.1.   When two or more items of work equipment used for lifting non-guided loads are installed or erected on a site in such a way that their working radii overlap, appropriate measures must be taken to avoid collision between loads or the work equipment parts themselves.

3.2.2.   When using mobile work equipment for lifting non-guided loads, measures must be taken to prevent the equipment from tilting, overturning or, as the case may be, moving or slipping. Checks must be carried out to ensure that these measures are executed properly.

3.2.3.   If the operator of work equipment designed for lifting non-guided loads cannot observe the full path of the load either directly or by means of auxiliary equipment providing the necessary information, a competent person must be in communication with the operator to guide him and organisational measures must be taken to prevent collisions of the load which could endanger workers.

3.2.4.   Work must be organised in such a way that, when a worker is attaching or detaching a load by hand, it can be done safely, in particular through the worker retaining direct or indirect control of the work equipment.

3.2.5.   All lifting operations must be properly planned, appropriately supervised and carried out in such a way as to protect the safety of workers.

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.

3.2.6.   If work equipment designed for lifting non-guided loads cannot maintain its hold on the load in the event of a complete or partial power failure, appropriate measures must be taken to avoid exposing workers to any resultant risks.

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.

3.2.7.   Open-air use of work equipment designed for lifting non-guided loads must be halted when meteorological conditions deteriorate to the point of jeopardising the safe use of the equipment and exposing workers to risks. Adequate protection measures, in particular measures to avoid work equipment turning over, must be taken to avoid any risks to workers.

4. Provisions concerning the use of work equipment provided for temporary work at a height

4.1.   General provisions

4.1.1.   If, pursuant to Article 6 of Directive 89/391/EEC and Article 3 of this Directive, temporary work at a height cannot be carried out safely and under appropriate ergonomic conditions from a suitable surface, the work equipment most suitable to ensure and maintain safe working conditions must be selected. Collective protection measures must be given priority over personal protection measures. The dimensions of the work equipment must be appropriate to the nature of the work to be performed and to the foreseeable stresses, and must allow passage without danger.

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.

4.1.2.   Ladders may be used as work stations for work at a height only under circumstances in which, given point 4.1.1, the use of other, safer work equipment is not justified because of the low level of risk and by reason of either the short duration of use or existing features on site that the employer cannot alter.

4.1.3.   Rope access and positioning techniques may be used only under circumstances where the risk assessment indicates that the work can be performed safely and where the use of other, safer work equipment is not justified.

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.

4.1.4.   Depending on the type of work equipment selected on the basis of the foregoing, the appropriate measures for minimising the risks to workers inherent in that type of equipment must be determined. If necessary, provision must be made for the installation of safeguards to prevent falls. These must be of suitable configuration and sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. Collective safeguards to prevent falls may be interrupted only at points of ladder or stairway access.

4.1.5.   When the performance of a particular task requires the temporary removal of a collective safeguard designed to prevent falls, effective compensatory safety measures must be taken. The task may not be performed until such measures have been taken. Once the particular task has been finished, either definitively or temporarily, the collective safeguards to prevent falls must be reinstalled.

4.1.6.   Temporary work at a height may be carried out only when the weather conditions do not jeopardise the safety and health of workers.

4.2.   Specific provisions regarding the use of ladders

4.2.1.   Ladders must be so positioned as to ensure their stability during use. Portable ladders must rest on a stable, strong, suitably-sized, immobile footing so that the rungs remain horizontal. Suspended ladders must be attached in a secure manner and, with the exception of rope ladders, in such a way that they cannot be displaced and swinging is prevented.

4.2.2.   The feet of portable ladders must be prevented from slipping during use by securing the uprights at or near their upper or lower ends, by any anti-slip device or by any other arrangement of equivalent effectiveness. Ladders used for access must be long enough to protrude sufficiently beyond the access platform, unless other measures have been taken to ensure a firm handhold. Interlocking ladders and extension ladders must be used in such a way that the different sections are prevented from moving relative to one another. Mobile ladders must be prevented from moving before they are stepped on.

4.2.3.   Ladders must be used in such a way that a secure handhold and secure support are available to workers at all times. In particular, if a load has to be carried by hand on a ladder, it must not preclude the maintenance of a safe handhold.

4.3.   Specific provisions regarding the use of scaffolding

4.3.1.   When a note of the calculations for the scaffolding selected is not available or the note does not cover the structural arrangements contemplated, strength and stability calculations must be carried out unless the scaffolding is assembled in conformity with a generally recognised standard configuration.

4.3.2.   Depending on the complexity of the scaffolding chosen, an assembly, use and dismantling plan must be drawn up by a competent person. This may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question.

4.3.3.   The bearing components of scaffolding must be prevented from slipping, whether by attachment to the bearing surface, provision of an anti-slip device or any other means of equivalent effectiveness, and the load-bearing surface must have a sufficient capacity. Steps must be taken to ensure that the scaffolding is stable. Wheeled scaffolding must be prevented by appropriate devices from moving accidentally during work at a height.

4.3.4.   The dimensions, form and layout of scaffolding decks must be appropriate to the nature of the work to be performed and suitable for the loads to be carried, and must permit work and passage in safety. Scaffolding decks must be assembled in such a way that their components cannot move in normal use. There must be no dangerous gap between the deck components and the vertical collective safeguards designed to prevent falls.

4.3.5.   When parts of a scaffolding are not ready for use, for example during assembly, dismantling or alteration, they must be marked with general warning signs in accordance with the national provisions transposing Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (1) and must be suitably delimited by physical means preventing access to the danger zone.

4.3.6.   Scaffolding may be assembled, dismantled or significantly altered only under the supervision of a competent person and by workers who have received appropriate and specific training in the operations envisaged, addressing specific risks in accordance with Article 9, and more particularly in:

(a)understanding of the plan for the assembly, dismantling or alteration of the scaffolding concerned;

(b)safety during the assembly, dismantling or alteration of the scaffolding concerned;

(c)measures to prevent the risk of persons or objects falling;

(d)safety measures in the event of changing weather conditions which could adversely affect the safety of the scaffolding concerned;

(e)permissible loads;

(f)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.

4.4.   Specific provisions regarding the use of rope access and positioning techniques

The use of rope access and positioning techniques must comply with the following conditions:

(a)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);

(b)workers must be provided with and use an appropriate harness and must be connected by it to the security rope;

(c)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;

(d)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;

(e)the work must be properly planned and supervised, so that a worker can be rescued immediately in an emergency;

(f)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.


(1) OJ L 245, 26.8.1992, p. 23.


ANNEX III

PART A

Repealed Directive with its successive amendments

(referred to in Article 13)

Council Directive 89/655/EEC

(OJ L 393, 30.12.1989, p. 13)
Council Directive 95/63/EC

(OJ L 335, 30.12.1995, p. 28)
Directive 2001/45/EC of the European Parliament and of the Council

(OJ L 195, 19.7.2001, p. 46)
Directive 2007/30/EC of the European Parliament and of the Council

(OJ L 165, 27.6.2007, p. 21)
Only as regards the reference made in point 3 of Article 3 of Directive 89/655/EEC


PART B

List of time limits for transposition into national law

(referred to in Article 13)

DirectiveTime limit for transposition
89/655/EEC31 December 1992
95/63/EC4 December 1998
2001/45/EC19 July 2004 (1)
2007/30/EC31 December 2012


(1) 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.


ANNEX IV

Correlation table

Directive 89/655/EECThis Directive
Article 1Article 1
Article 2Article 2
Article 3Article 3
Article 4Article 4
Article 4a(1)Article 5(1)
Article 4a(2), first and second indentsArticle 5(2), points (a) and (b)
Article 4a(3)Article 5(3)
Article 4a(4)Article 5(4)
Article 5, first and second indentsArticle 6, points (a) and (b)
Article 5aArticle 7
Article 6(1)Article 8(1)
Article 6(2), first subparagraph, first, second and third indentsArticle 8(2), first subparagraph, points (a), (b) and (c)
Article 6(2), second subparagraphArticle 8(2), second subparagraph
Article 6(3)Article 8(3)
Article 7, first indentArticle 9, point (a)
Article 7, second indentArticle 9, point (b)
Article 8Article 10
Article 9(1)Article 11(1)
Article 9(2), first and second indentsArticle 11(2), points (a) and (b)
Article 10(1)—
Article 10(2)Article 12
—Article 13
—Article 14
Article 11Article 15
Annex IAnnex I
Annex IIAnnex II
—Annex III
—Annex IV