51995AP0011

A4-0011/95

Proposal for a Council Directive amending Directive 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work (COM(94)0056 - C3-0199/94 - 94/0077(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2

>Original text>

Whereas, 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 enterprises;

>Text following EP vote>

Whereas, pursuant to the said Article, such directives, while fully guaranteeing the health and safety of workers, must avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized enterprises;

(Amendment 2)

Recital 2a (new)

>Text following EP vote>

Whereas compliance with the minimum requirements designed to guarantee a better standard of safety and health in the use of work equipment is essential to guarantee the safety and health of workers;

(Amendment 3)

Recital 7

>Original text>

Whereas this Directive must confine itself to defining the objectives to be achieved and the principles to be respected in such a way as to leave the Member States free to decide how this is to be done;

>Text following EP vote>

Whereas the objective of this Directive is to define the minimum health and safety requirements, leaving Member States free to decide how national legislation will be complied with and improved;

(Amendment 4)

Recital 7a (new)

>Text following EP vote>

Whereas this Directive constitutes an effective step towards creating the social dimension of the European Union;

(Amendment 5)

ARTICLE 1(1), SECOND INDENT

Article 4(1)(b) (Directive 89/655/EEC)

>Original text>

- in paragraph 1(b) the following text is added: 'I, points 1 and 2 and by 31 December 2000 at the latest with the minimum requirements laid down in point 3 of Annex 1"

>Text following EP vote>

- paragraph 1(b) is replaced by the following:

"(b) specific work equipment which, if already provided to workers in the undertaking and/or establishment by 31 December 1992, complies by 31 December 2000 at the latest with the minimum requirements laid down in Annex I.

>Text following EP vote>

All such equipment will be phased out at the end of its life expectancy or, at the latest, by 31 December 2005.¨

(Amendment 6)

ARTICLE 1(1), THIRD INDENT, FIRST SUBPARAGRAPH

Article 4(3) (Directive 89/655/EEC)

>Original text>

"3. The employer shall take the measures necessary to ensure that, during use of the work equipment, the minimum requirements listed in Annex II are respected.

>Text following EP vote>

"3. The employer shall, after consultation with the other side of industry, take the measures necessary to ensure that, during use of the work equipment, the minimum requirements listed in the Annexes are respected.

(Amendment 7)

ARTICLE 1(1), THIRD INDENT, SECOND SUBPARAGRAPH

Article 4(4) (Directive 89/655/EEC)

>Original text>

4. The Member States shall, after consultation with management and labour, establish procedures for authorizing alternative means of protection and/or organization of work as long as this guarantees an equivalent level of safety, where the specific conditions of use do not permit application of the minimum requirements set out in paragraph 3".

>Text following EP vote>

4. The Member States shall, after consultation with both sides of industry, establish procedures for authorizing alternative means of protection and/or organization of work as long as application of the minimum requirements referred to in paragraph 3 is objectively not possible and an equivalent level of safety is guaranteed by national provisions and practices".

(Amendment 8)

ARTICLE 1(2)

Article 4b(1) (Directive 89/655/EEC)

>Original text>

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 taken into service) and after assembly at a new site, to ensure that the work equipment has been installed correctly and is operating properly.

>Text following EP vote>

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 by qualified personnel (after installation and before first being taken into service) and after assembly at a new site or in a new location, to ensure that the work equipment has been installed correctly and is operating properly.

(Amendment 9)

ARTICLE 1(2)

Article 4b(2) (Directive 89/655/EEC)

>Original text>

2. The employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations are subject to:

>Text following EP vote>

2. The employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is subject to:

>Original text>

- periodic inspections, and

>Text following EP vote>

- periodic inspections by qualified personnel and testing where appropriate,

>Original text>

- special inspections each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred, such as modification work, accidents, heavy storms or prolonged periods of inactivity,

>Text following EP vote>

- special inspections each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred, such as modification work, accidents, heavy storms or prolonged periods of inactivity,

>Original text>

so that the deterioration can be detected and remedied in good time.

>Text following EP vote>

to ensure that health and safety conditions are maintained and that the deterioration can be detected and remedied in good time.

(Amendment 10)

ARTICLE 1(2a) (new)

Article 5a (new) (Directive 89/655/EEC)

>Text following EP vote>

2a. the following Article is inserted:

'Article 5a

Ergonomics and occupational health

The working posture and position of workers while performing their work tasks must be taken fully into account by the employer when applying minimum health and safety requirements and be improved in accordance with ergonomic principles.¨

(Amendment 11)

ARTICLE 1(2b) (new)

Article 6(2), third indent (Directive 89/655/EEC)

>Text following EP vote>

2b. Article 6(2), third indent is replaced by the following:

>Text following EP vote>

'- the conclusions to be drawn from experience, where appropriate, in using work equipment, including a copy of the full accident report specific to the work equipment.¨

(Amendment 12)

ARTICLE 1(2c) (new)

Article 7, third indent (new) (Directive 89/655/EEC)

>Text following EP vote>

2c. The following indent is added to Article 7:

>Text following EP vote>

'- all workers receive adequate training in the use of work equipment and are informed of the consequences which might arise from not respecting the rules on health and safety.¨

(Amendment 13)

ARTICLE 1(2d) (new)

Article 7, fourth indent (new) (Directive 89/655/EEC)

>Text following EP vote>

2d. The following indent is added to Article 7:

>Text following EP vote>

'- all workers to be informed of relevant changes in the working environment and of the potential dangers of all work equipment present in the work area or site, even if they do not use it directly.¨

(Amendment 14)

ARTICLE 1(3)

Article 8 (Directive 89/655/EEC)

>Original text>

3. Article 8 is amended as follows:

>Text following EP vote>

3. Article 8 is amended as follows:

>Original text>

'the Annex¨ is replaced by 'the Annexes¨.

>Text following EP vote>

- the words 'the Annex¨ are replaced by 'the Annexes¨;

>Text following EP vote>

- the following paragraph is added: 'Trade unions, European and other works councils and other labour representatives shall be fully involved in the process.¨

(Amendment 15)

ARTICLE 1(4), SECOND INDENT A (new)

Article 9(2) (Directive 89/655/EEC)

>Text following EP vote>

- in the last sentence, the words 'in accordance with the procedure laid down in Article 17 of Directive 89/391/EEC" are replaced by 'after consultation of a committee composed of representatives of the Member States and chaired by a representative of the Commission¨.

(Amendment 18)

ANNEX I(3.1), after title, new paragraph

>Text following EP vote>

If it is not possible to avoid the need for workers to enter danger areas and to be in proximity to moving parts, only workers who have received adequate training and instructions may have access to the danger zone.

(Amendment 19)

ANNEX I(3.1.1)

>Original text>

3. 1.1. Where such work equipment cannot, because of its operating mode be equipped with protective devices to prevent access to danger zones entirely or to stop the movement of moving parts before access is obtained to danger zones, the hazards to workers when operating in the danger zones must be reduced to a minimum.

>Text following EP vote>

3. 1.1. Woodworking machinery and allied machinery which, because of their operating modes, cannot be equipped with protective devices that entirely prevent access to danger zones when operating, shall be equipped with protective devices which reduce the risk of contact with the machinery to a minimum.

>Text following EP vote>

Presses which are not equipped with effective protective devices or which for technical reasons cannot be fitted with such devices shall be used only with closed tools or fixed guards which do not allow access to danger zones.

(Amendment 20)

ANNEX I(3.1.2)

>Original text>

3. 1.2. Work equipment used in conditions in which there is a risk of kickback or entrapment of the work piece must be equipped or adapted (with appropriate protective devices) in order to reduce this hazard and its effects.

>Text following EP vote>

3. 1.2. Work equipment used in conditions in which there is a risk of kickback or entrapment of the work piece must be equipped or adapted (with appropriate protective devices) in order to minimize this hazard and its effects.

(Amendment 21)

ANNEX I(3.2.1)

>Original text>

3. 2.1. Work equipment with ride-on workers must be fitted out such as to ensure that the workers can remain in complete safety during the journey. Places for standing passengers must be such that workers can place both feet fully on a non-slip, if necessary slatted, surface and that at all times during the journey they have a sound hold, including when they are moving around on the work equipment. The risk of inadvertent contact of the ride-on workers with wheels or tracks or of workers being crushed by wheels or tracks must be kept to a minimum.

>Text following EP vote>

3. 2.1. Work equipment with ride-on workers must be fitted out such as to ensure that the workers can remain in complete safety during the journey. Places for standing passengers must be such that workers can place both feet fully on a non-slip, if necessary slatted, surface and that at all times during the journey they have a sound hold, including when they are moving around on the work equipment. The risk of inadvertent contact of the ride-on workers in a way that they may be struck by or crushed against another stationary or moving object must be kept to a minimum.

(Amendment 22)

ANNEX I(3.2.2)

>Original text>

3. 2.2. Where an inadvertent blockage of the drive unit of an item of mobile work equipment might create a specific risk, such equipment must be equipped or adapted to prevent blockages or to avoid any adverse effects on workers where such blockage cannot be avoided.

>Text following EP vote>

3. 2.2. Where an inadvertent blockage of the drive unit of an item of mobile work equipment might create a specific risk, such equipment must be equipped or adapted to prevent blockages. Where such blockage cannot be avoided, every possible measure must be taken to avoid any adverse effects on workers.

(Amendment 23)

ANNEX I(3.2.5)(d)

>Original text>

(d) there must be auxiliary devices to improve visibility if the direct field of vision of the driver is inadequate;

>Text following EP vote>

(d) auxiliary devices must be installed to allow sufficient visibility when the direct field of vision of the driver is inadequate;

(Amendment 24)

ANNEX I(3.2.5)(e)

>Original text>

(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;

>Text following EP vote>

(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;

(Amendment 25)

ANNEX I(3.3.2)

>Original text>

3. 3.2. Work equipment must be clearly marked to indicate its maximum capacity.

>Text following EP vote>

3. 3.2. Work equipment must be clearly marked to indicate its maximum capacity.

>Original text>

Lifting accessories must be marked such 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.

>Text following EP vote>

All lifting equipment and accessories must be marked such 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.

(Amendment 26)

ANNEX I(3.3.3), introductory phrase

>Original text>

3. 3.3. Where loads handled by work equipment pass over or are close to travelled ways protective devices must be installed to ensure that:

>Text following EP vote>

3. 3.3. Where loads handled by work equipment pass over or are close to travelled ways, working areas or any other areas occupied by people, protective devices must be installed to ensure that:

(Amendment 27)

ANNEX I(3.3.4)(a), (b), (c) and (d)

>Original text>

(a) prevent the risk of the lift cage falling by suitable devices;

>Text following EP vote>

(a) prevent the risk of the carrier falling by suitable devices;

>Original text>

(b) prevent the risk of the user himself falling from the cage;

>Text following EP vote>

(b) prevent the risk of the user himself falling from the carrier;

>Original text>

(c) prevent the risk of the user being crushed, trapped or struck caused by the absence of an internal cabin door;

>Text following EP vote>

(c) prevent the risk of the user being crushed, trapped or struck, especially as a result of unintended contact with objects;

>Original text>

(d) ensure that persons trapped in the cage in the event of an incident are not exposed to danger and can be freed.

>Text following EP vote>

(d) ensure that persons trapped in the carrier in the event of an incident are not exposed to danger and can be freed.

(Amendment 28)

ANNEX I(3.3.4a) (new)

>Text following EP vote>

3. 3.4a. No work equipment for lifting loads shall be used for the first time after acquisition or re-assembly unless it has been tested by the competent person, and a test certificate issued.

(Amendment 29)

ANNEX I(3.4), title

>Original text>

3.4. Minimum requirements for scaffolding and similar work equipment to facilitate worker access to and presence at workstations at height.

>Text following EP vote>

3.4. Minimum requirements for scaffolding and similar work equipment, including ladders, to facilitate worker access to and presence at workstations at height.

(Amendment 30)

ANNEX I(3.4)(fa) (new)

>Text following EP vote>

(fa) an adequate amount of securely fixed decking and ladders must be installed so as to provide a minimum level of safety for workers when working, gaining access to and leaving workstations at height

(Amendment 31)

ANNEX I(3.6)

>Original text>

3.6. Minimum requirements for bolt firing tools, captive bolt guns, nail drivers and the like.

>Text following EP vote>

3.6. Minimum requirements for cartridge operated fixing tools and fastener driving tools.

>Original text>

It must not be possible to fire bolt firing tools, captive bolt guns, nail drivers and similar work equipment easily or without the application of a certain degree of force. Where it is not possible to meet this condition, the device should be rearmed for each shot.

>Text following EP vote>

It must not be possible to fire a cartridge operated fixing tool unless the muzzle is pressed against the fastening surface with force and the trigger is then depressed. Firing shall not be possible if the trigger is kept depressed when pressing the tool against the fastening surface.

>Text following EP vote>

It must not be possible to release a fastener driving tool unless the muzzle is pressed against the fastening surface and the trigger is depressed. This requirement is only applicable where the weight of the fastener is greater than 0.3 g.

(Amendment 32)

ANNEX II(1.4)

>Original text>

1.4. Work equipment installed or erected in the open must be protected against lightning strike by lightning conductor equipment or other suitable means.

>Text following EP vote>

1.4. Work equipment in need of protection against the effects of lightning while being used must be protected by a system for conducting the resultant electrical charges to earth or by other suitable means.

(Amendment 33)

ANNEX II(1.6)

>Original text>

1.6. Where work equipment is installed, erected or used below or in the vicinity of overhead electrical power lines, appropriate measures must be taken to avoid any contact of workers and/or their work equipment with the lines or electrification of workers.

>Text following EP vote>

1.6. Where work equipment is installed, erected or used below or in the vicinity of overhead electrical power lines or cables, appropriate measures must be taken to avoid any contact of workers and/or their work equipment with the power lines or electrification of workers.

(Amendment 35)

ANNEX II(1.14)

>Original text>

1.14. If one or more workers have to have access to parts of work equipment where there is a risk arising from oxygen deficiency, temperature, gas dusts, liquids, vapours or other substances, an emergency intervention and rescue procedure must be drawn up. Access for workers must be rendered safe, by means of prior ventilation or emptying or by some other suitable means; a check must be carried out to ensure that the required result has been obtained. Protection measures must be maintained during the intervention period. At least one person with whom there is reliable communication must remain present outside the work equipment during the intervention to ensure that the worker or workers can be resuced if necessary. The necessary rescue equipment must be available in situ.

>Text following EP vote>

1.14. If one or more workers have to have access to parts of work equipment where there is a risk arising from unintended harmful contact with objects, oxygen deficiency, temperature, gas dusts, liquids, vapours or other substances, an emergency intervention and rescue procedure must be drawn up. Access for workers must be rendered safe, by means of prior ventilation or emptying or by some other suitable means; a check must be carried out to ensure that the required result has been obtained. Protection measures must be maintained during the intervention period. At least one person with whom there is reliable communication must remain present outside the work equipment during the intervention to ensure that the worker or workers can be resuced if necessary. The necessary rescue equipment must be available in situ.

(Amendment 36)

ANNEX II(1.19)

>Original text>

1.19. Work equipment inspection records must be kept up to date.

>Text following EP vote>

1.19. Work equipment inspection records must be kept up to date. The records must:

>Text following EP vote>

- include particulars of testing and examinations, including date, nature of test and examination, the results, date of next recommended, necessary or compulsory test, the person and entity responsible for carrying out the test or examination and any other necessary information;

>Text following EP vote>

- be readily available for consultation by workers, their representatives and any government or state body or representative.

(Amendment 38)

ANNEX II(2.3)

>Original text>

Organizational measures must be taken to prevent workers on foot coming within the vicinity of self-propelled work equipment operating in restricted areas. If work can be done properly only if workers on foot are present, appropriate measures must be taken to prevent them from being run over.

>Text following EP vote>

Organizational measures must be taken to prevent workers on foot coming within the vicinity of self-propelled work equipment operating in restricted areas. If work can be done properly only if workers on foot are present, appropriate measures must be taken to prevent them from being run over or harmed by the equipment.

(Amendment 39)

ANNEX II(2.5)

>Original text>

2.5. Mobile work equipment with a combustion engine may not be used in enclosed spaces or galleries unless sufficient quantities of clean air can be guaranteed.

>Text following EP vote>

2.5. Mobile work equipment with a combustion engine may not be used in working areas unless sufficient quantities of clean air can be guaranteed.

>Text following EP vote>

The engine must be switched off when not in immediate use.

(Amendment 40)

ANNEX II(3.1.1)

>Original text>

3. 1.1. Mobile or movable work equipment designed for lifting loads may be used only on a base which is sufficiently resistant to ensure the stability of the work equipment during use.

>Text following EP vote>

3. 1.1. Mobile or movable work equipment designed for lifting loads may be used only on a base which is sufficiently resistant to ensure the stability of the work equipment during use under all foreseeable conditions.

(Amendment 41)

ANNEX II(3.1.3)

>Original text>

3. 1.3. Workers may not be present under suspended loads. Loads may not be moved above unprotected workplaces occupied by workers.

>Text following EP vote>

3. 1.3. Workers may not be present under suspended loads. Loads may not be moved above unprotected workplaces or areas usually occupied by persons.

>Original text>

However, if work cannot be carried out properly any other way, appropriate procedures must be laid down and applied.

>Text following EP vote>

However, if work cannot be carried out properly any other way, appropriate procedures must be laid down and applied.

(Amendment 43)

ANNEX II(4.5)

>Original text>

4.5. The relevant characteristics of materials on which it is intended to use a bolt firing tool or similar work equipment must be identified prior to use. If firing is liable to jeopardise other workers, additional precautions must be taken.

>Text following EP vote>

4.5. The relevant characteristics of materials on which it is intended to use a bolt firing tool or similar work equipment must be identified prior to use. If firing is liable to jeopardise other workers or persons in the vicinity, additional precautions must be taken.

(Amendment 45)

ANNEX III, TABLE, LEFT COLUMN, LAST ENTRY

>Original text>

Agricultural, forestry and viticultural tractors

>Text following EP vote>

Agricultural, forestry and viticultural vehicles

(Amendment 46)

ANNEX IV(1)(b)

>Original text>

(b) Mobile work equipment with a maximum speed of over 15 km/h.

>Text following EP vote>

(b) Mobile work equipment with a maximum speed of over 10 km/h.

(Amendment 47)

ANNEX IV(1)(c)

>Original text>

(c) Work equipment, and its accessories, for lifting loads of more than 300 kg and/or for lifting workers where there is a risk of falling from a height of more than 3 m.

>Text following EP vote>

(c) Work equipment, and its accessories, for lifting loads of more than 200 kg and/or for lifting workers where there is a risk of falling from a vertical height of more than 3 m.

(Amendment 48)

ANNEX IV(1)(ga) (new)

>Text following EP vote>

(ga) Food-processing equipment that includes open and accessible cutting mechanisms.

(Amendment 49)

ANNEX IV(1)(gb) (new)

>Text following EP vote>

(gb) Silo mechanisms controlling the flow of material and products and access to the silo.

(Amendment 50)

ANNEX IV(2)

>Original text>

2. Correct installation and stability of lifting gear which can be dismantled, work equipment for facilitating access to and the presence of persons at workstations at a height and hyperbaric and hypobaric chambers within the meaning of point 1(a) must be examined each time they have been erected on a new site and before they are taken into service. Hyperbaric and hypobaric chambers must also undergo inspection for leakage.

>Text following EP vote>

2. Correct installation and stability of lifting gear which can be dismantled, work equipment for facilitating access to and the presence of persons at workstations at a height and hyperbaric and hypobaric chambers within the meaning of point 1(a) must be examined each time they have been erected on a new site or location and before they are taken into service. Hyperbaric and hypobaric chambers must also undergo inspection for leakage.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive amending Directive 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work (COM(94)0056 - C3- 0199/94 - 94/0077(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(94)0056 - 94/0077(SYN) ((OJ C 104, 12.4.1994, p. 4.)),

- having been consulted by the Council pursuant to Articles 189c and 118a of the EC Treaty (C3-0199/94),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Social Affairs and Employment and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Budgets (A4-0011/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.