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Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 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) (codified version) (Text with EEA relevance)

EU Directive 2009/104 · Adopted 16 September 2009 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Directive 2009/104/EC of the European Parliament and of the Council

of 16 September 2009

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)

(codified version)

(Text with EEA relevance)

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 Committeef1,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treatyf2,

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)f3 has been substantially amended several timesf4. 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 workf5. 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 servicesf6, 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:

Annotations to the whole text

Footnotes

f1

OJ C 100, 30.4.2009, p. 144.

f2

Opinion of the European Parliament of 8 July 2008 (not yet published in the Official Journal) and Council Decision of 13 July 2009.

f3

OJ L 393, 30.12.1989, p. 13.

f4

See Annex III, Part A.

f5

OJ L 183, 29.6.1989, p. 1.

f6

OJ L 204, 21.7.1998, p. 37.

Contents

  1. Chapter I: GENERAL PROVISIONS
  2. 1Subject matter
  3. 2Definitions
  4. Chapter II: EMPLOYERS’ OBLIGATIONS
  5. 3General obligations
  6. 4Rules concerning work equipment
  7. 5Inspection of work equipment
  8. 6Work equipment involving specific risks
  9. 7Ergonomics and occupational health
  10. 8Informing workers
  11. 9Training of workers
  12. 10Consultation of workers and workers’ participation
  13. Chapter III: MISCELLANEOUS PROVISIONS
  14. 11Amendment of the Annexes
  15. 12Final provisions
  16. 13Article 13
  17. 14Article 14
  18. 15Article 15
  19. Signature
  20. Annex I
  21. (referred to in points (a)(ii) and (b) of Article 4(1))
  22. 1General comment
  23. General minimum requirements applicable to work equipment
  24. 2.1Work equipment control devices which affect safety must be clearly visible and identifiable and appropriately marked where necessary.
  25. 2.2It must be possible to start work equipment only by deliberate action on a control provided for the purpose.
  26. 2.3All work equipment must be fitted with a control to stop it completely and safely.
  27. 2.4Division 2.4
  28. 2.5Work equipment presenting risk due to falling objects or projections must be fitted with appropriate safety devices corresponding to the risk.
  29. 2.6Division 2.6
  30. 2.7Division 2.7
  31. 2.8Where 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.
  32. 2.9Division 2.9
  33. 2.10Division 2.10
  34. 2.11Division 2.11
  35. 2.12Division 2.12
  36. 2.13It 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.
  37. 2.14All work equipment must be fitted with clearly identifiable means to isolate it from all its energy sources.
  38. 2.15Division 2.15
  39. 2.16Division 2.16
  40. 2.17Division 2.17
  41. 2.18Division 2.18
  42. 2.19Division 2.19
  43. Additional minimum requirements applicable to specific types of work equipment
  44. Minimum requirements for mobile work equipment, whether or not self-propelled
  45. 3.1.1Division 3.1.1
  46. 3.1.2Division 3.1.2
  47. 3.1.3Division 3.1.3
  48. 3.1.4Division 3.1.4
  49. 3.1.5Division 3.1.5
  50. 3.1.6Division 3.1.6
  51. Minimum requirements for work equipment for lifting loads
  52. 3.2.1Division 3.2.1
  53. 3.2.2Division 3.2.2
  54. 3.2.3Division 3.2.3
  55. 3.2.4Division 3.2.4
  56. Annex II
  57. (referred to in Article 4(3))
  58. General comment
  59. General provisions for all work equipment
  60. 1.1Division 1.1
  61. 1.2Division 1.2
  62. 1.3Division 1.3
  63. Provisions concerning the use of mobile equipment, whether or not self-propelled
  64. 2.1Division 2.1
  65. 2.2Division 2.2
  66. 2.3Organisational measures must be taken to prevent workers on foot coming within the area of operation of self-propelled work equipment.
  67. 2.4Division 2.4
  68. 2.5Division 2.5
  69. Provisions concerning the use of work equipment for lifting loads
  70. General considerations
  71. 3.1.1Division 3.1.1
  72. 3.1.2Division 3.1.2
  73. 3.1.3Division 3.1.3
  74. 3.1.4Division 3.1.4
  75. 3.1.5Division 3.1.5
  76. Work equipment for lifting non-guided loads
  77. 3.2.1Division 3.2.1
  78. 3.2.2Division 3.2.2
  79. 3.2.3Division 3.2.3
  80. 3.2.4Division 3.2.4
  81. 3.2.5Division 3.2.5
  82. 3.2.6Division 3.2.6
  83. 3.2.7Division 3.2.7
  84. Provisions concerning the use of work equipment provided for temporary work at a height
  85. General provisions
  86. 4.1.1Division 4.1.1
  87. 4.1.2Division 4.1.2
  88. 4.1.3Division 4.1.3
  89. 4.1.4Division 4.1.4
  90. 4.1.5Division 4.1.5
  91. 4.1.6Division 4.1.6
  92. Specific provisions regarding the use of ladders
  93. 4.2.1Division 4.2.1
  94. 4.2.2Division 4.2.2
  95. 4.2.3Division 4.2.3
  96. Specific provisions regarding the use of scaffolding
  97. 4.3.1Division 4.3.1
  98. 4.3.2Division 4.3.2
  99. 4.3.3Division 4.3.3
  100. 4.3.4Division 4.3.4
  101. 4.3.5Division 4.3.5
  102. 4.3.6Division 4.3.6
  103. 4.4Specific provisions regarding the use of rope access and positioning techniques
  104. Annex IIIAnnex III
  105. Annex IVAnnex IV