FantasticSearch

Scroll to: TopResults

Explore European Union Legislation by Asking a Legal Question

assisted-checkbox

filter-instruction-1
positive-filters
negative-filters
act-filter tabs-all

parameters-title

query

assisted-checkbox:

result-title

total 12

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)

article  annex_I

CELEX:  32009L0104

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
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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.
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)

article  annex_I

CELEX:  32009L0104

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;
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)

article  annex_I

CELEX:  32009L0104

(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;