機械指令に代わる機械規則（案）による変更点

注意事項

本記事は、2021年5月当時、機械規則（案）の段階での記事であり、機械規則 2023/1230 の内容を反映していません。

機械製品の新しい欧州規制案

機械指令に代わる、機械製品についての新しい欧州規制の案が記された欧州委員会の文書【 Brussels, 21.4.2021 COM(2021) final 2021/0105(COD) 】が公表されています。

注）２０２１年５月現在、この提案は最終提案段階であり、まだ正式に発行されたものではありません。

以下は、機械指令 2006/42/EC（2009/127/EC によって修正）をベースに、機械規則の最終提案版 COM(2021) 202 final, 2021/0105(COD) による変更点を赤色で示したものです。

（以下、適宜追加していきます。）

現行指令 2006/42/EC	機械規則 【提案版】	pdf	web
付属書Ⅰ(一般原則)	付属書Ⅲ(一般原則)	pdf版	web版
付属書Ⅰ(Chapter 1)	付属書Ⅲ(Chapter 1)	pdf版	web版
付属書Ⅰ(Chapter 2)	付属書Ⅲ(Chapter 2)	pdf版	web版
付属書Ⅰ(Chapter 3)	付属書Ⅲ(Chapter 3)		web版
付属書Ⅰ(Chapter 4)	付属書Ⅲ(Chapter 4)		web版
付属書Ⅰ(Chapter 5)	付属書Ⅲ(Chapter 5)		web版
付属書Ⅰ(Chapter 6)	付属書Ⅲ(Chapter 6)		web版

ANNEX I III

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

GENERAL PRINCIPLES

1.

The manufacturer of a machinery product or his or her authorised representative must shall ensure that a risk assessment is carried out in order to determine the health and safety requirements, which apply to the machinery product. The machinery product must shall then be designed and constructed to prevent and minimise all relevant risks, taking into account the results of the risk assessment.

By the iterative process of risk assessment and risk reduction referred to above in the first subparagraph, the manufacturer or his or her authorised representative shall:

(a) determine the limits of the machinery product, which include the intended use and any reasonably foreseeable misuse thereof,

(b) determine the risks resulting from interactions between machinery in order to achieve the same end that are arranged and controlled so that they function as an integral whole, thus forming a machinery product as defined in Article 3, point (1), point (d);

(c) identify the hazards that can may be generated by the machinery product and the associated hazardous situations, including hazards that may be generated during the lifecycle of the machinery product that are foreseeable at the time of placing of the machinery product on the market as an intended evolution of its fully or partially evolving behaviour or logic as a result of the machinery product designed to operate with varying levels of autonomy. In this respect, where the machinery product integrates an artificial intelligence system, the machinery risk assessment shall consider the risk assessment for that artificial intelligence system that has been carried out pursuant to the Regulation … of the European Parliament and of the Council ++++ on a European approach for Artificial Intelligence;

(d) estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,

(e) evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of this Directive Regulation;

(f) eliminate the hazards or reduce the risks associated with these hazards by application of protective measures, in the order of priority established in section 1.1.2(b).

2.

The obligations laid down by the essential health and safety requirements only apply when the corresponding hazard exists for the machinery product in question when it is used under the conditions foreseen by the manufacturer or his or her authorised representative or in foreseeable abnormal situations. In any event However, the principles of safety integration referred to established in section 1.1.2 and the obligations concerning marking of machinery products and instructions referred to in sections 1.7.3 and 1.7.4 apply in all cases.

3.

The essential health and safety requirements laid down in this Annex are mandatory; however, taking into account the state of the art, it may not be possible to meet the objectives set by them. In that event, the machinery product must shall, as far as possible, be designed and constructed with the purpose of approaching these those objectives.

4.

This Annex is organised in several parts into six chapters. The first one chapter is of general scope and applicable to all kinds of machinery products. The other parts chapters refer to certain kinds sorts of more specific hazards. Nevertheless, it is essential to examine the whole of this Annex in order to be sure of meeting all the relevant essential requirements. When a machinery product is being designed, the requirements of the general part first chapter and the requirements of one or more of the other parts chapters shall be taken into account, depending on the results of the risk assessment carried out in accordance with point 1 of these General Principles. Essential health and safety requirements for the protection of the environment are applicable only to the machinery product referred to in section 2.4.

1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

1.1. GENERAL REMARKS

1.1.1. Definitions

For the purpose of this Annex:

(a) ‘hazard’ means a potential source of injury or damage to health;

(b) ‘danger zone’ means any zone within and/or around a machinery product in which a person is subject to a risk to his or her health or safety;

(c) ‘exposed person’ means any person wholly or partially in a danger zone;

(d) ‘operator’ means the person or persons installing, operating, adjusting, maintaining, cleaning, repairing or moving a machinery product;

(e) ‘risk’ means a combination of the probability and the degree of an injury or damage to health that can arise in a hazardous situation;

(f) ‘guard’ means a part of the a machinery product used specifically to provide protection by means of a physical barrier;

(g) ‘protective device’ means a device (other than a guard) which reduces the risk, either alone or in conjunction with a guard;

(h) ‘intended use’ means the use of a machinery product in accordance with the information provided in the instructions for use;

(i) ‘reasonably foreseeable misuse’ means the use of a machinery product in a way not intended in the instructions for use, but which may result from readily predictable human behaviour.

1.1.2. Principles of safety integration

(a) A machinery product must shall be designed and constructed so that it is fitted for its function, and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen but also taking into account any reasonably foreseeable misuse thereof. The aim of protective measures taken must shall be to eliminate any risk throughout the foreseeable lifetime of the machinery product including the phases of transport, assembly, dismantling, disabling and scrapping.

(b) In selecting the most appropriate methods, the manufacturer or his or her authorised representative must shall apply the following principles, in the order given:

1. eliminate or reduce risks as far as possible (inherently safe machinery product design and construction),
2. take the necessary protective measures in relation to risks that cannot be eliminated,
3. inform users of the residual risks due to any shortcomings of the protective measures adopted, indicate whether any particular training is required and specify any need to provide personal protective equipment.

(c) When designing and constructing a machinery product and when drafting the instructions, the manufacturer or his or her authorised representative must shall envisage not only the intended use of the machinery product but also any reasonably foreseeable misuse thereof. The machinery product must shall be designed and constructed in such a way as to prevent abnormal use if such use would engender a risk. Where appropriate, the instructions must shall draw the user’s attention to ways — which experience has shown might occur — in which the machinery product should not be used.

(d) A machinery product must shall be designed and constructed to take account of the constraints to which the operator is subject as a result of the necessary or foreseeable use of personal protective equipment.

(e) A machinery product shall be designed and constructed in such a way that it is possible for the user to test the safety functions, and the machinery product must shall be supplied with all the special equipment and accessories, and where appropriate, with the description of specific functional test procedures, essential to enable it to be tested, adjusted, maintained and used safely.

1.1.3. Materials and products

The materials used to construct a machinery product, or products used or created during its use, must shall not endanger persons’ safety or health. In particular, where fluids are used, machinery products must shall be designed and constructed to prevent risks due to filling, use, recovery or draining.

1.1.4. Lighting

A machinery product must shall be supplied with integral lighting suitable for the operations concerned, where the absence thereof is likely to cause a risk despite ambient lighting of normal intensity. A machinery product must shall be designed and constructed so that there is no area of shadow likely to cause nuisance, that there is no irritating dazzle and that there are no dangerous stroboscopic effects on moving parts due to the lighting. Internal parts requiring frequent inspection and adjustment, and maintenance areas must shall be provided with appropriate lighting.

1.1.5. Design of a machinery product to facilitate its handling

A machinery product, or each component part thereof, must shall:

During the transportation of the machinery product and/or its component parts, there must shall be no possibility of sudden movements or of hazards due to instability as long as the machinery product and/or its component parts are handled in accordance with the instructions. Where the weight, size or shape of a machinery product or its various component parts prevents it or them from being moved by hand, the machinery product or each component part must shall:

Where a machinery product or one of its component parts is to be moved by hand, it must shall either:

Special arrangements must shall be made for the handling of tools and/or machinery product parts, which, even if lightweight, could be hazardous.

1.1.6. Ergonomics

Under the intended conditions of use, the discomfort, fatigue and physical and psychological stress faced by the operator must shall be reduced to the minimum possible, taking into account ergonomic principles such as:

1.1.7. Operating positions

The operating position must shall be designed and constructed in such a way as to avoid any risk due to exhaust gases and/or lack of oxygen. If the machinery product is intended to be used in a hazardous environment presenting risks to the health and safety of the operator or if the machinery product itself gives rise to a hazardous environment, adequate means must shall be provided to ensure that the operator has good working conditions and is protected against any foreseeable hazards. Where appropriate, the operating position must shall be fitted with an adequate cabin designed, constructed and/or equipped to fulfil the above requirements. The exit must shall allow rapid evacuation. Moreover, when applicable, an emergency exit must shall be provided in a direction which is different from the usual exit.

1.1.8. Seating

Where appropriate and where the working conditions so permit, work stations constituting an integral part of the machinery product must shall be designed for the installation of seats. If the operator is intended to sit during operation and the operating position is an integral part of the machinery product, the seat must shall be provided with the machinery product. The operator’s seat must shall enable him to maintain a stable position. Furthermore, the seat and its distance from the control devices must shall be capable of being adapted to the operator. If the machinery product is subject to vibrations, the seat must shall be designed and constructed in such a way as to reduce the vibrations transmitted to the operator to the lowest level that is reasonably possible. The seat mountings must shall withstand all stresses to which they can be subjected. Where there is no floor beneath the feet of the operator, footrests covered with a slip-resistant material must shall be provided.

1.1.9. Protection against corruption

The machinery product shall be designed and constructed so that the connection to it of another device, via any feature of the connected device itself or via any remote device that communicates with the machinery product does not lead to a hazardous situation. A hardware component for connection that is critical for the compliance of the machinery product with the relevant health and safety requirements shall be designed so that it is adequately protected against accidental or intentional corruption. The machinery product shall collect evidence of a legitimate or illegitimate intervention in the hardware component. Software and data that are critical for the compliance of the machinery product with the relevant health and safety requirements shall be identified as such and shall be adequately protected against accidental or intentional corruption. The machinery product shall identify the software installed on it that is necessary for it to operate safely, and shall be able to provide that information at all times in an easily accessible form. The machinery product shall collect evidence of a legitimate or illegitimate intervention in the software or a modification of the software installed on the machinery product or its configuration.

1.2. CONTROL SYSTEMS

1.2.1. Safety and reliability of control systems

Control systems must shall be designed and constructed in such a way as to prevent hazardous situations from arising. Above all, they Control systems must shall be designed and constructed in such a way that:

Control systems of machinery products with fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy shall be designed and constructed in such a way that:

Particular attention must shall be given to the following points:

For cablewire-less control, an automatic stop must be activated when correct control signals are not received, including loss of communication a failure of the communication or connection or a faulty connection shall not lead to a hazardous situation. For autonomous mobile machinery products, the control system shall be designed to perform the safety functions by itself as set out in this section, even when actions are ordered by using a remote supervisory function.

1.2.2. Control devices

Control devices must shall be:

Where a control device is designed and constructed to perform several different actions, namely, where there is no one-to-one correspondence, the action to be performed must shall be clearly displayed and subject to confirmation, where necessary. Control devices must shall be so arranged that their layout, travel and resistance to operation are compatible with the action to be performed, taking account of ergonomic principles. Machinery products must shall be fitted with indicators as required for safe operation. The operator must shall be able to read them from the control position. From each control position, the operator must shall be able to ensure that no one is in the danger zones, or the control system must shall be designed and constructed in such a way that starting is prevented while someone is in the danger zone. If neither of these possibilities is applicable, before the machinery product starts, an acoustic and/or visual warning signal must shall be given. The exposed persons must shall have time to leave the danger zone or prevent the machinery starting up. If necessary, means must shall be provided to ensure that the machinery product can be controlled only from control positions located in one or more predetermined zones or locations. Where there is more than one control position, the control system must shall be designed in such a way that the use of one of them precludes the use of the others, except for stop controls and emergency stops. When the machinery product has two or more operating positions, each position must shall be provided with all the required control devices without the operators hindering or putting each other into a hazardous situation.

1.2.3. Starting

It must shall be possible to start the machinery product only by voluntary actuation of a control device provided for the purpose. The same requirement applies:

However, the restarting of the machinery product or a change in operating conditions may be effected by voluntary actuation of a device other than the control device provided for the purpose, on condition that this does not lead to a hazardous situation. For the machinery product functioning in automatic mode, the starting of the machinery product, restarting after a stoppage, or a change in operating conditions may be possible without intervention, provided this does not lead to a hazardous situation. Where the machinery product has several starting control devices and the operators can therefore put each other in danger, additional devices must shall be fitted to rule out such risks. If safety requires that starting and/or stopping must shall be performed in a specific sequence, there must shall be devices which ensure that these operations are performed in the correct order.

1.2.4. Stopping

1.2.4.1. Normal stop

The machinery product must shall be fitted with a control device whereby the machinery can be brought safely to a complete stop. Each workstation must shall be fitted with a control device to stop some or all of the functions of the machinery product, depending on the existing hazards, so that the machinery product is rendered safe. The machinery product‘s stop control must shall have priority over the start controls. Once the machinery product or its hazardous functions have stopped, the energy supply to the actuators concerned must shall be cut off.

1.2.4.2. Operational stop

Where, for operational reasons, a stop control that does not cut off the energy supply to the actuators is required, the stop condition must shall be monitored and maintained.

1.2.4.3. Emergency stop

The machinery product must shall be fitted with one or more emergency stop devices to enable actual or impending danger to be averted. The following exceptions apply:

The device must shall:

Once active operation of the emergency stop device has ceased following a stop command, that command must shall be sustained by engagement of the emergency stop device until that engagement is specifically overridden; it must shall not be possible to engage the device without triggering a stop command; it must shall be possible to disengage the device only by an appropriate operation, and disengaging the device must shall not restart the machinery product but only permit restarting. The emergency stop function must shall be available and operational at all times, regardless of the operating mode. Emergency stop devices must shall be a backup to other safeguarding measures and not a substitute for them.

1.2.4.4. Assembly of machinery products

In the case of a machinery product or parts of a machinery product designed to work together, the machinery must shall be designed and constructed in such a way that the stop controls, including the emergency stop devices, can stop not only the machinery product itself but also all related equipment, if its continued operation may be dangerous.

1.2.5. Selection of control or operating modes

The control or operating mode selected must shall override all other control or operating modes, with the exception of the emergency stop. If the machinery product has been designed and constructed to allow its use in several control or operating modes requiring different protective measures and/or work procedures, it must shall be fitted with a mode selector, which can be locked in each position. Each position of the selector must shall be clearly identifiable and must shall correspond to a single operating or control mode. The selector may be replaced by another selection method, which restricts the use of certain functions of the machinery product to certain categories of operator. If, for certain operations, the machinery must shall be able to operate with a guard displaced or removed and/or a protective device disabled, the control or operating mode selector must shall simultaneously:

If these four conditions cannot be fulfilled simultaneously, the control or operating mode selector must shall activate other protective measures designed and constructed to ensure a safe intervention zone. In addition, the operator must shall be able to control the operation of the parts he or she is working on from the adjustment point.

1.2.6. Failure of the power supply or communication network connection

The interruption, the re-establishment after an interruption or the fluctuation in whatever manner of the power supply or communication network connection to the machinery product must shall not lead to dangerous hazardous situations. Particular attention must shall be given to the following points:

1.3. PROTECTION AGAINST MECHANICAL HAZARDS RISKS

1.3.1. Risk of loss of stability

The machinery product and its components and fittings must shall be stable enough to avoid overturning, falling or uncontrolled movements during transportation, assembly, dismantling and any other action involving the machinery product. If the shape of the machinery product itself or its intended installation does not offer sufficient stability, appropriate means of anchorage must shall be incorporated and indicated in the instructions.

1.3.2. Risk of break-up during operation

The various parts of machinery product and their linkages must shall be able to withstand the stresses to which they are subject when used. The durability of the materials used must shall be adequate for the nature of the working environment foreseen by the manufacturer or his or her authorised representative, in particular as regards the phenomena of fatigue, ageing, corrosion and abrasion. The instructions must shall indicate the type and frequency of inspections and maintenance required for safety reasons. They must shall, where appropriate, indicate the parts subject to wear and the criteria for replacement. Where a risk of rupture or disintegration remains despite the measures taken, the parts concerned must shall be mounted, positioned and/or guarded in such a way that any fragments will be contained, preventing hazardous situations. Both rigid and flexible pipes carrying fluids, particularly those under high pressure, must shall be able to withstand the foreseen internal and external stresses and must shall be firmly attached and/or protected to ensure that no risk is posed by a rupture. Where the material to be processed is fed to the tool automatically, the following conditions must shall be fulfilled to avoid risks to persons:

1.3.3. Risks due to falling or ejected objects

Precautions must shall be taken to prevent risks from falling or ejected objects.

1.3.4. Risks due to surfaces, edges or angles

Insofar as their purpose allows, accessible parts of the machinery must shall have no sharp edges, no sharp angles and no rough surfaces likely to cause injury.

1.3.5. Risks related to a combined machinery product

Where the machinery product is intended to carry out several different operations with manual removal of the piece between each operation (combined machinery product), it must shall be designed and constructed in such a way as to enable each element to be used separately without the other elements constituting a risk for exposed persons. For this purpose, it must shall be possible to start and stop separately any elements that are not protected.

1.3.6. Risks related to variations in operating conditions

Where the machinery product performs operations under different conditions of use, it must shall be designed and constructed in such a way that selection and adjustment of these conditions can be carried out safely and reliably.

1.3.7. Risks related to moving parts and psychological stress

The moving parts of the machinery product must shall be designed and constructed in such a way as to prevent risks of contact which could lead to accidents or must shall, where risks persist, be fitted with guards or protective devices. All necessary steps must shall be taken to prevent accidental blockage of moving parts involved in the work. In cases where, despite the precautions taken, a blockage is likely to occur, the necessary specific protective devices and tools must shall, when appropriate, be provided to enable the equipment to be safely unblocked. The instructions and, where possible, a sign on the machinery product shall identify these specific protective devices and how they are to be used. The prevention of risks of contact leading to hazard situations and the psychological stress that may be caused by the interaction with the machine shall be adapted to:

The machinery product with fully or partially evolving behaviour or logic that is designed to operate with varying levels of autonomy shall be adapted to respond to people adequately and appropriately (verbally through words or nonverbally through gestures, facial expressions or body movement) and to communicate its planned actions (what it is going to do and why) to operators in a comprehensible manner.

1.3.8. Choice of protection against risks arising from moving parts

Guards or protective devices designed to protect against risks arising from moving parts must shall be selected on the basis of the type of risk. The following guidelines must shall be used to help to make the choice.

1.3.8.1. Moving transmission parts

Guards designed to protect persons against the hazards generated by moving transmission parts must shall be:

Interlocking movable guards should shall be used where frequent access is envisaged.

1.3.8.2. Moving parts involved in the process

Guards or protective devices designed to protect persons against the hazards generated by moving parts involved in the process must shall be:

However, when certain moving parts directly involved in the process cannot be made completely inaccessible during operation owing to operations requiring operator intervention, such parts must shall be fitted with:

1.3.9. Risks of uncontrolled movements

When a part of the machinery product has been stopped, any drift away from the stopping position, for whatever reason other than action on the control devices, must shall be prevented or must shall be such that it does not present a hazard risk.

1.4. REQUIRED CHARACTERISTICS OF GUARDS AND PROTECTIVE DEVICES

1.4.1. General requirements

Guards and protective devices must shall:

In addition, guards must shall, where possible, protect against the ejection or falling of materials or objects and against emissions generated by the machinery product.

1.4.2. Special requirements for guards

1.4.2.1. Fixed guards

Fixed guards must shall be fixed by systems that can be opened or removed only with tools. Their fixing systems must shall remain attached to the guards or to the machinery product when the guards are removed. Where possible, guards must shall be incapable of remaining in place without their fixings.

1.4.2.2. Interlocking movable guards

Interlocking movable guards must shall:

Interlocking movable guards must shall be associated with an interlocking device that:

Where it is possible for an operator to reach the danger zone before the risk due to the hazardous machinery product functions has ceased, movable guards must shall be associated with a guard locking device in addition to an interlocking device that:

Interlocking movable guards must shall be designed in such a way that the absence or failure of one of their components prevents starting or stops the hazardous machinery product functions.

1.4.2.3. Adjustable guards restricting access

Adjustable guards restricting access to those areas of the moving parts strictly necessary for the work must shall be:

1.4.3. Special requirements for protective devices

Protective devices must shall be designed and incorporated into the control system in such a way that:

Protective devices must shall be adjustable only by means of an intentional action.

1.5. RISKS DUE TO OTHER HAZARDS CAUSES

1.5.1. Electricity supply

Where a machinery product has an electricity supply, it must shall be designed, constructed and equipped in such a way that all hazards of an electrical nature are or can be prevented. The safety objectives set out in Directive 73/23/EEC 2014/35/EU shall apply to a machinery product. However, the obligations concerning conformity assessment and the placing on the market and/or putting into service of a machinery product with regard to electrical hazards risks are governed solely by this Directive Regulation.

1.5.2. Static electricity

A machinery product must shall be designed and constructed to prevent or limit the build-up of potentially dangerous electrostatic charges and/or be fitted with a discharging system.

1.5.3. Energy supply other than electricity

Where a machinery product is powered by source of energy other than electricity, it must shall be so designed, constructed and equipped as to avoid all potential risks associated with such sources of energy.

1.5.4. Errors of fitting

Errors likely to be made when fitting or refitting certain parts, which could be a source of risk, must shall be made impossible by the design and construction of such parts or, failing this, by information given on the parts themselves and/or their housings. The same information must shall be given on moving parts and/or their housings where the direction of movement needs to be known in order to avoid a risk. Where necessary, the instructions must shall give further information on these risks. Where a faulty connection can be the source of risk, incorrect connections must shall be made impossible by design or, failing this, by information given on the elements to be connected and, where appropriate, on the means of connection.

1.5.5. Extreme temperatures

Steps must shall be taken to eliminate any risk of injury arising from contact with or proximity to machinery product parts or materials at high or very low temperatures. The necessary steps must shall also be taken to avoid or protect against the risk of hot or very cold material being ejected.

1.5.6. Fire

A machinery product must shall be designed and constructed in such a way as to avoid any risk of fire or overheating posed by the machinery product itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery product.

1.5.7. Explosion

A machinery product must shall be designed and constructed in such a way as to avoid any risk of explosion posed by the machinery product itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery product. A machinery product must shall comply, as far as the risk of explosion due to its use in a potentially explosive atmosphere is concerned, with the provisions of the specific Community Directives Union harmonisation legislation.

1.5.8. Noise

A machinery product must shall be designed and constructed in such a way that risks resulting from the emission of airborne noise are reduced to the lowest level, taking account of technical progress and the availability of means of reducing noise, in particular at source. The level of noise emission may be assessed with reference to comparative emission data for similar machinery product.

1.5.9. Vibrations

A machinery product must shall be designed and constructed in such a way that risks resulting from vibrations produced by the machinery product are reduced to the lowest level, taking account of technical progress and the availability of means of reducing vibration, in particular at source. The level of vibration emission may be assessed with reference to comparative emission data for similar machinery products.

1.5.10. Radiation

Undesirable radiation emissions from the machinery product must shall be eliminated or be reduced to levels that do not have adverse effects on persons. Any functional ionising radiation emissions must shall be limited to the lowest level, which is sufficient for the proper functioning of the machinery product during setting, operation and cleaning. Where a risk exists, the necessary protective measures must shall be taken. Any functional non-ionising radiation emissions during setting, operation and cleaning must shall be limited to levels that do not have adverse effects on persons.

1.5.11. External radiation

A machinery product must shall be designed and constructed in such a way that external radiation does not interfere with its operation.

1.5.12. Laser radiation

Where laser equipment is used, the following should shall be taken into account:

1.5.13. Emissions of hazardous materials and substances

A machinery product must shall be designed and constructed in such a way that risks of inhalation, ingestion, contact with the skin, eyes and mucous membranes and penetration through the skin of hazardous materials and substances which it produces can be avoided. Where a hazard risk cannot be eliminated, the machinery product must shall be so equipped that hazardous materials and substances can be contained, captured, evacuated, precipitated by water spraying, filtered or treated by another equally effective method. Where the process is not totally enclosed during normal operation of the machinery product, the devices for containment and/or or capture, filtration or separation and evacuation must shall be situated in such a way as to have the maximum effect.

1.5.14. Risk of being trapped in a machine

A machinery product must shall be designed, constructed or fitted with a means of preventing a person from being enclosed within it or, if that is impossible, with a means of summoning help.

1.5.15. Risk of slipping, tripping or falling

Parts of the machinery product where persons are liable to move about or stand must shall be designed and constructed in such a way as to prevent persons slipping, tripping or falling on or off these parts. Where appropriate, these parts must shall be fitted with handholds that are fixed relative to the user and that enable them to maintain their stability.

1.5.16. Lightning

A machinery product in need of protection against the effects of lightning while being used must shall be fitted with a system for conducting the resultant electrical charge to earth.

1.6. MAINTENANCE

1.6.1. Machinery product maintenance

Adjustment and maintenance points must shall be located outside danger zones. It must shall be possible to carry out adjustment, maintenance, repair, cleaning and servicing operations while the machinery product is at a standstill. If one or more of the above conditions cannot be satisfied for technical reasons, measures must shall be taken to ensure that these operations can be carried out safely (see section 1.2.5). In the case of automated machinery and, where necessary, other machinery product, a connecting device for mounting diagnostic fault-finding equipment must shall be provided. Automated machinery components, which have to be changed frequently, must shall be capable of being removed and replaced easily and safely. Access to the components must shall enable these tasks to be carried out with the necessary technical means in accordance with a specified operating method.

1.6.2. Access to operating positions and servicing points

Machinery must shall be designed and constructed in such a way as to allow access in safety to all areas where intervention is necessary during operation, adjustment, and maintenance and cleaning of the machinery. In the case of machinery into which persons shall enter for operation, adjustment, maintenance or cleaning, the machinery accesses shall be dimensioned and adapted for the use of rescue equipment in such a way that a timely rescue of the persons is guaranteed.

1.6.3. Isolation of energy sources

A machinery product must shall be fitted with means to isolate it from all energy sources. Such isolators must shall be clearly identified. They must shall be capable of being locked if reconnection could endanger persons. Isolators must shall also be capable of being locked where an operator is unable, from any of the points to which he or she has access, to check that the energy is still cut off. In the case of machinery products capable of being plugged into an electricity supply, removal of the plug is sufficient, provided that if the operator can check from any of the points to which he or she has access that the plug remains removed. After the energy is cut off, it must shall be possible to dissipate normally any energy remaining or stored in the circuits of the machinery product without risk to persons. As an exception to the requirement laid down in the previous paragraphs, certain circuits may remain connected to their energy sources in order, for example, to hold parts, to protect information, to light interiors, etc. In this case, special steps must shall be taken to ensure operator safety.

1.6.4. Operator intervention

The machinery product must shall be so designed, constructed and equipped that the need for operator intervention is limited. If operator intervention cannot be avoided, it must shall be possible to carry it out easily and safely.

1.6.5. Cleaning of internal parts

The machinery must shall be designed and constructed in such a way that it is possible to clean internal parts, which have contained dangerous substances or preparations without entering them; any necessary unblocking must shall also be possible from the outside. If it is impossible to avoid entering the machinery, it must shall be designed and constructed in such a way as to allow cleaning to take place safely.

1.7. INFORMATION

1.7.1. Information and warnings on the machinery product

Information and warnings on the machinery product should shall preferably be provided in the form of readily understandable symbols or pictograms. Any written or verbal information and warnings must be expressed in an official Community language or languages, which may be determined in accordance with the Treaty by the Member State in which the machinery is placed on the market and/or put into service and may be accompanied, on request, by versions in any other official Community language or languages understood by the operators.

1.7.1.1. Information and information devices

The information needed to control a machinery product must shall be provided in a form that is unambiguous and easily understood. It must shall not be excessive to the extent of overloading the operator. Visual display units or any other interactive means of communication between the operator and the machine machinery product must shall be easily understood and easy to use.

1.7.1.2. Warning devices

Where the health and safety of persons may be endangered by a fault in the operation of an unsupervised machinery product, the machinery product must shall be equipped in such a way as to give an appropriate acoustic or light signal as a warning. Where a machinery product is equipped with warning devices, these must shall be unambiguous and easily perceived. The operator must shall have facilities to check the operation of such warning devices at all times. The requirements of the specific Community Directives Union legislation concerning colours and safety signals must shall be complied with.

1.7.2. Warning of residual risks

Where risks remain despite the inherent safe design measures, safeguarding and complementary protective measures adopted, the necessary warnings, including warning devices, must shall be provided.

1.7.3. Marking of a machinery product

All machinery products must shall be marked visibly, legibly and indelibly with the following minimum particulars:

It is prohibited to pre-date or post-date the machinery product when affixing the CE marking. Furthermore, a machinery product designed and constructed for use in a potentially explosive atmosphere must shall be marked accordingly. A machinery product must shall also bear full information relevant to its type and essential for safe use. Such information is subject to the requirements set out in section 1.7.1. Where a machine product part must shall be handled during use with lifting equipment, its mass must shall be indicated legibly, indelibly and unambiguously.

1.7.4. Instructions

All machinery must be accompanied by instructions in the official Community language or languages of the Member State in which it is placed on the market and/or put into service. The instructions accompanying the machinery product must shall be either ‘Original instructions’ or a ‘Translation of the original instructions’, in which case the translation must shall be accompanied by the original instructions. By way of exception, the maintenance instructions intended for use by specialised personnel mandated by the manufacturer or his or her authorised representative may be supplied in only one Community official language of the Union which the specialised personnel understand. The instructions must be drafted in accordance with the principles set out below. The instructions may be provided in a digital format. However, upon purchaser’s request at the time of the purchase of the machinery product, the instructions shall be provided in paper format free of charge. When the instructions are provided in digital format, the manufacturer shall:

1.7.4.1. General principles for the drafting of instructions

1.7.4.2. Contents of the instructions

1. Each instruction manual must shall contain, where applicable, at least the following information:

The values referred to in the first subparagraph shall either be actually measured for the machinery product in question or established based on measurements in respect of a technically comparable machinery product, which is representative of the state of the art.

1.7.4.3. Sales literature

Sales literature describing the machinery product must shall not contradict the instructions as regards health and safety aspects. Sales literature describing the performance characteristics of machinery products must shall contain the same information on emissions as is contained in the instructions.

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

Foodstuffs machinery, machinery for cosmetics or pharmaceutical products, hand-held and/or handguided hand-guided machinery, portable fixing and other impact machinery, machinery for working wood and material with similar physical characteristics and machinery for pesticide application must shall meet all the essential health and safety requirements set out described in this chapter (see General Principles, point 4)

2.1. FOODSTUFFS MACHINERY AND MACHINERY FOR COSMETICS OR PHARMACEUTICAL PRODUCTS

2.1.1. General

Machinery intended for use with foodstuffs or with cosmetics or pharmaceutical products must shall be designed and constructed in such a way as to avoid any risk of infection, sickness or contagion. The following requirements must shall be observed:

2.1.2. Instructions

The instructions for foodstuffs machinery and machinery for use with cosmetics or pharmaceutical products must shall indicate recommended products and methods for cleaning, disinfecting and rinsing, not only for easily accessible areas but also for areas to which access is impossible or inadvisable.

2.2. PORTABLE HAND-HELD AND/OR HAND-GUIDED MACHINERY

2.2.1. General

Portable hand-held and/or hand-guided machinery must shall:

2.2.1.1. Instructions

The instructions must shall give the following information concerning vibrations, expressed as acceleration (m/s²), and transmitted by portable hand held handheld and hand-guided machinery;

These The values must be referred to in the first subparagraph shall either be those actually measured for the machinery in question or those established on the basis of measurements taken for in respect of a technically comparable machinery product, which is representative of the machinery to be produced state of the art. If harmonised standards are not or technical specifications adopted by the Commission in accordance with Article 17(3) cannot be applied, the vibration data must shall be measured using the most appropriate measurement code for the machinery. The operating conditions during measurement and the methods used for measurement, or the reference of the harmonised standard applied, must shall be specified.

2.2.2. Portable fixing and other impact machinery

2.2.2.1. General

Portable fixing and other impact machinery must shall be designed and constructed in such a way that:

Where necessary, it must shall be possible to fit the device with splinter guard(s) and the appropriate guard(s) must shall be provided by the manufacturer of the machinery.

2.2.2.2. Instructions

The instructions must shall give the necessary information regarding:

2.3. MACHINERY FOR WORKING WOOD AND MATERIAL WITH SIMILAR PHYSICAL CHARACTERISTICS

Machinery for working wood and materials with similar physical characteristics must shall comply with the following requirements:

2.4. MACHINERY FOR PESTICIDE PLANT PROTECTION PRODUCTS APPLICATION

2.4.1. Definition

‘Machinery for pesticide plant protection products application means machinery specifically intended for the application of plant protection products within the meaning of Article 2, point (1), of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (1) .

2.4.2. General

The manufacturer of machinery for pesticide application or his or her authorised representative must shall ensure that an assessment is carried out of the risks of unintended exposure of the environment to pesticides, in accordance with the process of risk assessment and risk reduction referred to in the General Principles, point 1. Machinery for pesticide application must shall be designed and constructed taking into account the results of the risk assessment referred to in the first paragraph subparagraph so that the machinery can be operated, adjusted and maintained without unintended exposure of the environment to pesticides. Leakage must shall be prevented at all times.

2.4.3. Controls and monitoring

It must shall be possible to easily and accurately control, monitor and immediately stop the pesticide application from the operating positions.

2.4.4. Filling and emptying

The machinery must shall be designed and constructed to facilitate precise filling with the necessary quantity of pesticide and to ensure easy and complete emptying, while preventing spillage of pesticide and avoiding the contamination of the water source during such operations.

2.4.5. Application of pesticides

2.4.5.1. Application rate

The machinery must shall be fitted with means of adjusting the application rate easily, accurately and reliably.

2.4.5.2. Distribution, deposition and drift of pesticide

The machinery must shall be designed and constructed to ensure that pesticide is deposited on target areas, to minimise losses to other areas and to prevent drift of pesticide to the environment. Where appropriate, an even distribution and homogeneous deposition must shall be ensured.

2.4.5.3. Tests

In order to verify that the relevant parts of the machinery comply with the requirements set out in sections 2.4.5.1 and 2.4.5.2 the manufacturer or his or her authorised representative must shall, for each type of machinery concerned, perform appropriate tests, or have such tests performed.

2.4.5.4. Losses during stoppage

The machinery must shall be designed and constructed to prevent losses while the pesticide application function is stopped.

2.4.6. Maintenance

2.4.6.1. Cleaning

The machinery must shall be designed and constructed to allow its easy and thorough cleaning without contamination of the environment.

2.4.6.2. Servicing

The machinery must shall be designed and constructed to facilitate the changing of worn parts without contamination of the environment.

2.4.7. Inspections

It must shall be possible to easily connect the necessary measuring instruments to the machinery to check the correct functioning of the machinery.

2.4.8. Marking of nozzles, strainers and filters

Nozzles, strainers and filters must shall be marked so that their type and size can be clearly identified.

2.4.9. Indication of pesticide in use

Where appropriate, the machinery must shall be fitted with a specific mounting on which the operator can place the name of the pesticide in use.

2.4.10. Instructions

The instructions must shall provide the following information:

3 SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS RISKS DUE TO THE MOBILITY OF MACHINERY

Machinery presenting hazards risks due to its mobility must shall meet all the essential health and safety requirements described in this chapter (see General Principles, point 4).

3.1. GENERAL

3.1.1. Definitions

3.2. WORK POSITIONS

3.2.1. Driving position

Visibility from the driving position must shall be such that the driver can, in complete safety for himself or herself and the exposed persons operate the machinery and its tools in their foreseeable conditions of use. Where necessary, appropriate devices must shall be provided to remedy hazards risks due to inadequate direct vision. Machinery on which the driver is transported must shall be designed and constructed in such a way that, from the driving positions, there is no risk to the driver from inadvertent contact with the wheels and tracks. The driving position of ride-on drivers must shall be designed and constructed in such a way that a driver’s cab may be fitted, provided this does not increase the risk and there is room for it. The cab must shall incorporate a place for the instructions needed for the driver.

3.2.2. Seating

Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the ground surroundings should the machinery roll or tip over, in particular for machinery equipped with a protective structure referred to in section 3.4.3 or 3.4.4, their seats must the machinery shall be designed or equipped with a restraint system so as to keep the persons in their seats or in the protective structure, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems should or provision shall not be fitted if they increase the risk. A visual or audible signal shall be provided at the driving position alerting the driver when the restraint system is not active.

3.2.3. Positions for other persons

If the conditions of use provide that persons other than the driver may occasionally or regularly be transported by the machinery or work on it, appropriate positions must shall be provided which enable them to be transported or to work on it without risk. The second and third paragraphs subparagraphs of section 3.2.1 also apply to the places provided for persons other than the driver.

3.2.4. Supervisory control function

Autonomous mobile machinery products shall have a supervisory control function specific to the autonomous mode. This function shall allow the operator to remotely receive information from the machine. The supervisory control function shall only allow actions to stop and to start remotely the machine. It shall be designed and constructed to allow those actions only when the driver can see directly or indirectly the machine’s movement and working area and the protective devices are operational. The information the driver receives from the machine when the supervisory control function is active shall enable the driver to have a complete and accurate view of the operation, movement and safe positioning of the machine in its travel and working area. This information shall alert the driver of the occurrence of unforeseen or dangerous situations present or impending, which require driver’s intervention. If the supervisory control function is not active, the machinery shall not be able to operate.

3.3. CONTROL SYSTEMS

If necessary, steps must shall be taken to prevent unauthorised use of controls. In the case of remote controls, each control unit must shall clearly identify the machinery to be controlled from that unit. The remote control system must shall be designed and constructed in such a way as to affect only:

Remote controlled machinery must shall be designed and constructed in such a way that it will respond only to signals from the intended control units.

3.3.1. Control devices

The driver must shall be able to actuate all control devices required to operate the machinery from the driving position, except for functions, which can be safely actuated only by using control devices located elsewhere. These functions include, in particular, those for which operators other than the driver are responsible or for which the driver has to leave the driving position in order to control them safely. Where there are pedals, they must shall be so designed, constructed and fitted as to allow safe operation by the driver with the minimum risk of incorrect operation. They must shall have a slip-resistant surface and be easy to clean. Where their operation can lead to hazards, notably dangerous movements, the control devices, except for those with preset pre-set positions, must shall return to the neutral position as soon as they are released by the operator. In the case of wheeled machinery, the steering system must shall be designed and constructed in such a way as to reduce the force of sudden movements of the steering wheel or the steering lever caused by shocks to the guide wheels. Any control that locks the differential must shall be so designed and arranged that it allows the differential to be unlocked when the machinery is moving. The sixth paragraph of section 1.2.2, concerning acoustic and/or visual warning signals, applies only in the case of reversing.

3.3.2. Starting/moving

All travel movements of self-propelled machinery with a ride-on driver must shall be possible only if the driver is at the controls. Where, for operating purposes, machinery is fitted with devices which exceed its normal clearance zone (e.g. stabilisers, jib, etc.), the driver must shall be provided with the means of checking easily, before moving the machinery, that such devices are in a particular position which allows safe movement. This also applies to all other parts which; to allow safe movement, have to be in particular positions, locked if necessary. Where it does not give rise to other risks, movement of the machinery must shall depend on safe positioning of the aforementioned parts. It must shall not be possible for unintentional movement of the machinery to occur while the engine is being started. The movement of an autonomous mobile machinery product shall take into account the risks related to the area where it is intended to move and work.

3.3.3. Travelling function

Without prejudice to road traffic regulations, self-propelled machinery and its trailers must shall meet the requirements for slowing down, stopping, braking and immobilisation so as to ensure safety under all the operating, load, speed, ground and gradient conditions allowed for. The driver must shall be able to slow down and stop self-propelled machinery by means of a main device. Where safety so requires, in the event of a failure of the main device, or in the absence of the energy supply needed to actuate the main device, an emergency device with a fully independent and easily accessible control device must shall be provided for slowing down and stopping. Where safety so requires, a parking device must shall be provided to render stationary machinery immobile. This device may be combined with one of the devices referred to in the second paragraph, provided that if it is purely mechanical. Remote-controlled machinery must shall be equipped with devices for stopping operation automatically and immediately and for preventing potentially dangerous operation in the following situations:

Section 1.2.4 does not apply to the travelling function. Autonomous mobile machinery products shall comply with any of the following conditions:

The movements of mobile machinery products connected with one or more trailers or towed equipment, including autonomous mobile machinery products, connected with one or more trailers or towed equipment, shall not give rise to risks for persons, domestic animals or any other obstacle in the danger zone of such machinery products and trailers or towed equipment.

3.3.4. Movement of pedestrian-controlled machinery

Movement of pedestrian-controlled self-propelled machinery must shall be possible only through sustained action on the relevant control device by the driver. In particular, it must shall not be possible for movement to occur while the engine is being started. The control systems for pedestrian-controlled machinery must shall be designed in such a way as to minimise the risks arising from inadvertent movement of the machine towards the driver, in particular:

The speed of travel of the machinery must shall be compatible with the pace of a driver on foot. In the case of machinery on which a rotary tool may be fitted, it must shall not be possible to actuate the tool when the reverse control is engaged, except where the movement of the machinery results from movement of the tool. In the latter case, the reversing speed must shall be such that it does not endanger the driver.

3.3.5. Control circuit failure

A failure in the power supply to the power-assisted steering, where fitted, must shall not prevent machinery from being steered during the time required to stop it. For autonomous mobile machinery, a failure in the steering system shall not have an impact on the safety of the machinery.

3.4. PROTECTION AGAINST MECHANICAL HAZARDS RISKS

3.4.1. Uncontrolled movements

Machinery must A machinery product shall be designed, constructed and where appropriate placed on its mobile support in such a way as to ensure that, when moved, uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.

3.4.2. Moving transmission parts

By way of exception to section 1.3.8.1, in the case of engines, moveable guards preventing access to the moving parts in the engine compartment need not have interlocking devices if they have to be opened either by the use of a tool or key or by a control located in the driving position, providing the latter is in a fully enclosed cab with a lock to prevent unauthorised access.

3.4.3. Roll-over and tip-over

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk of rolling or tipping over, the machinery must shall be fitted with an appropriate protective structure, unless this increases the risk.

This structure must shall be such that in the event of rolling or tipping over it affords the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his or her authorised representative must shall, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.4. Falling objects

Where, in the case of self-propelled machinery with a ride-on driver, operator(s) or other person(s), there is a risk due to falling objects or material, the machinery must shall be designed and constructed in such a way as to take account of this risk and fitted, if its size allows, with an appropriate protective structure.

This structure must shall be such that, in the event of falling objects or material, it guarantees the ride-on person(s) an adequate deflection-limiting volume.

In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his or her authorised representative must shall, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.5. Means of access

Handholds and steps must shall be designed, constructed and arranged in such a way that the operators use them instinctively and do not use the control devices to assist access.

3.4.6. Towing devices

All machinery used to tow or to be towed must shall be fitted with towing or coupling devices designed, constructed and arranged in such a way as to ensure easy and secure connection and disconnection and to prevent accidental disconnection during use. Insofar as the tow bar load so requires, such machinery must shall be equipped with a support with a bearing surface suited to the load and the ground.

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

Removable mechanical transmission devices linking self-propelled machinery (or a tractor) to the first fixed bearing of recipient machinery must shall be designed and constructed in such a way that any part that moves during operation is protected over its whole length.

On the side of the self-propelled machinery (or tractor), the power take-off to which the removable mechanical transmission device is attached must shall be protected either by a guard fixed and linked to the self-propelled machinery (or tractor) or by any other device offering equivalent protection.

It must shall be possible to open this guard for access to the removable transmission device. Once it is in place, there must shall be enough room to prevent the drive shaft damaging the guard when the machinery (or the tractor) is moving.

On the recipient machinery side, the input shaft must shall be enclosed in a protective casing fixed to the machinery.

Torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machinery. The removable mechanical transmission device must shall be marked accordingly.

All recipient machinery, the operation of which requires a removable mechanical transmission device to connect it to self-propelled machinery (or a tractor), must shall have a system for attaching the removable mechanical transmission device so that, when t he machinery is uncoupled, the removable mechanical transmission device and its guard are not damaged by contact with the ground or part of the machinery.

The outside parts of the guard must shall be so designed, constructed and arranged that they cannot turn with the removable mechanical trans mission transmission device. The guard must shall cover the transmission to the ends of the inner jaws in the case of simple universal joints and at least to the centre of the outer joint or joints in the case of wide-angle universal joints.

If means of access to working positions are provided near to the removable mechanical transmission device, they must shall be designed and constructed in such a way that t he shaft guards cannot be used as steps, unless designed and constructed for that purpose.

3.5. PROTECTION AGAINST OTHER HAZARDS RISKS

3.5.1. Batteries

The battery housing must shall be designed and constructed in such a way as to prevent the electrolyte being ejected on to the operator in the event of rollover or tipover tip over and to avoid the accumulation of vapours in places occupied by operators.

Machinery must A machinery product shall be designed and constructed in such a way that the battery can be disconnected with the aid of an easily accessible device provided for that purpose.

The batteries with automatic charging for mobile machinery, including autonomous mobile machinery products, shall be designed to prevent hazards referred to in sections 1.3.8.2. and 1.5.1., including the risks of contact or collusion of the machine with a person or another machine when the machine moves autonomously to the charging station.

3.5.2. Fire

Depending on the hazards anticipated by the manufacturer, machinery must shall, where its size permits:

3.5.3. Emissions of hazardous substances

The second and third paragraphs of section 1.5.13 do not apply where the main function of the machinery is the spraying of products. However, the operator must shall be protected against the risk of exposure to such hazardous emissions.

Ride-on mobile machinery having spraying of products as main function shall be  equipped with filtration cabs or equivalent safety measures.

3.5.4. Risk of contact with live overhead power lines

Depending on the height of the machinery products, mobile machinery product shall, where relevant, be designed, constructed and equipped, so as to prevent the risk of contact with an energised overhead power line or the risk of creating an electric arc between any part of the machinery or an operator driving the machinery and an energised overhead power line.

When the risk of contact or electric arc with an energised overhead power line cannot be fully avoided, mobile machinery products shall be designed, constructed and equipped in such a way that all hazards of an electrical nature are prevented or can be prevented in the event of contact or electrical arc with an energized power line.

3.6. INFORMATION AND INDICATIONS

3.6.1. Signs, signals and warnings

All machinery must products shall have signs and/or instruction plates concerning use, adjustment and maintenance, wherever necessary, so as to ensure the health and safety of persons. They must shall be chosen, designed and constructed in such a way as to be clearly visible and indelible.

Without prejudice to the provisions of road traffic regulations, machinery product with a ride-on driver must shall have the following equipment:

Remote-controlled machinery which, under normal conditions of use, exposes persons to the risk of impact or crushing must shall be fitted with appropriate means to signal its movements or with means to protect persons against such risks. The same applies to machinery product, which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the area to the rear of the machine is not directly visible to the driver.

Machinery must shall be constructed in such a way that the warning and signalling devices cannot be disabled unintentionally. Where it is essential for safety, such devices must shall be provided with the means to check that they are in good working order and their failure must shall be made apparent to the operator.

Where the movement of machinery or its tools is particularly hazardous, signs on the machinery must shall be provided to warn against approaching the machinery while it is working; the signs must shall be legible at a sufficient distance to ensure the safety of persons who have to be in the vicinity.

3.6.2. Marking

The following must shall be shown legibly and indelibly on all machinery products;

and, where appropriate:

3.6.3. Instructions

3.6.3.1. Vibrations

The instructions must shall give the following information concerning vibrations, expressed as acceleration (m/s²), transmitted by the machinery to the hand-arm system or to the whole body:

These values must shall be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery, which is representative of the machinery to be produced.

Where harmonised standards are not or technical specifications adopted by the Commission in accordance with Article 17(3) cannot be applied, the vibration must shall be measured using the most appropriate measurement code for the machinery concerned. The operating conditions during measurement and the measurement codes used must shall be described.

3.6.3.2. Multiple uses

The instructions for a machinery product allowing several uses depending on the equipment used and the instructions for the interchangeable equipment must shall contain the information necessary for safe assembly and use of the basic machinery product and the interchangeable equipment that can be fitted.

3.6.3.3. Autonomous mobile machinery products

The instructions for use of autonomous mobile machinery products shall specify the characteristics of its intended travel, working areas and danger zones.

4. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET HAZARDS DUE TO LIFTING OPERATIONS

Machinery presenting hazards due to lifting operations must shall meet all the relevant essential health and safety requirements described in this chapter (see General Principles, point 4).

4.1. GENERAL

4.1.1. Definitions

4.1.2. Protection against mechanical hazards risks

4.1.2.1. Risks due to lack of stability

Machinery must shall be designed and constructed in such a way that the stability required by section 1.3.1 is maintained both in service and out of service, including all stages of transportation, assembly and dismantling, during foreseeable component failures and also during the tests carried out in accordance with the instruction handbook. To that end, the manufacturer or his or her authorised representative must shall use the appropriate verification methods.

4.1.2.2. Machinery running on guide rails and rail tracks

Machinery must shall be provided with devices which act on the guide rails or tracks to prevent derailment. If, despite such devices, there remains a risk of derailment or of failure of a rail or of a running component, devices must shall be provided which prevent the equipment, component or load from falling or the machinery from overturning.

4.1.2.3. Mechanical strength

Machinery, lifting accessories and their components must shall be capable of withstanding the stresses to which they are subjected during their lifetime, both in and, where applicable, out of use, under the installation and operating conditions provided for and in all relevant configurations, with due regard, where appropriate, to the effects of atmospheric factors and forces exerted by persons. This requirement must shall also be satisfied during transport, assembly and dismantling.

Machinery and lifting accessories must shall be designed and constructed in such a way as to prevent failure from fatigue and wear, taking due account of their intended use.

The materials used must shall be chosen on the basis of the intended working environments, with particular regard to corrosion, abrasion, impacts, extreme temperatures, fatigue, brittleness, radiation and ageing.

Machinery and lifting accessories must shall be designed and constructed in such a way as to withstand the overload in the static tests without permanent deformation o r patent defect. Strength calculations must shall take account of the value of the static test coefficient chosen to guarantee an adequate level of safety. That coefficient has, as a general rule, the following values:

Machinery must shall be designed and constructed in such a way as to undergo, without failure, the dynamic tests carried out using the maximum working load multiplied by the dynamic test coefficient. This dynamic test coefficient is chosen so as to guarantee an adequate level of safety: the coefficient is, as a general rule, equal to 1,1. As a general rule, the tests will be performed at the nominal speeds provided for. Should the control circuit of the machinery allow for a number of simultaneous movements, the tests must shall be carried out under the least favourable conditions, as a general rule by combining the movements concerned.

4.1.2.4. Pulleys, drums, wheels, ropes and chains

Pulleys, drums and wheels must shall have a diameter commensurate with the size of the ropes or chains with which they can be fitted.

Drums and wheels must shall be designed, constructed and installed in such a way that the ropes or chains with which they are equipped can be wound without coming off.

Ropes used directly for lifting or supporting the load must shall not include any splicing other than at their ends. Splicings are, however, tolerated in installations, which are intended by design to be modified regularly according to needs of use.

Complete ropes and their endings must shall have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 5.

Lifting chains must shall have a working coefficient chosen in such a way as to guarantee an adequate level of safety. As a general rule, this coefficient is equal to 4.

In order to verify that an adequate working coefficient has been attained, the manufacturer or his or her authorised representative must shall, for each type of chain and rope used directly for lifting the load and for the rope ends, perform the appropriate tests or have such tests performed.

4.1.2.5. Lifting accessories and their components

Lifting accessories and their components must shall be sized with due regard to fatigue and ageing processes for a number of operating cycles consistent with their expected life-span as specified in the operating conditions for a given application.

Moreover:

4.1.2.6. Control of movements

Devices for controlling movements must shall act in such a way that the machinery on which they are installed is kept safe.

4.1.2.7. Movements of loads during handling

The operating position of machinery must shall be located in such a way as to ensure the widest possible view of trajectories of the moving parts, in order to avoid possible collisions with persons, equipment or other machinery, which might be manoeuvring at the same time and liable to constitute a hazard. Machinery with guided loads must shall be designed and constructed in such a way as to prevent persons from being injured by movement of the load, the carrier or the counterweights, if any.

4.1.2.8. Machinery serving fixed landings

4.1.2.8.1. Movements of the carrier

The movement of the carrier of machinery serving fixed landings must shall be rigidly guided to and at the landings. Scissor systems are also regarded as rigid guidance.

4.1.2.8.2. Access to the carrier

Where persons have access to the carrier, the machinery must shall be designed and constructed in such a way as to ensure that the carrier remains stationary during access, in particular while it is being loaded or unloaded. The machinery must shall be designed and constructed in such a way as to ensure that the difference in level between the carrier and the landing being served does not create a risk of tripping.

4.1.2.8.3. Risks due to contact with the moving carrier

Where necessary in order to fulfil the requirement expressed in the second paragraph of section 4.1.2.7, the travel zone must shall be rendered inaccessible during normal operation. When, during inspection or maintenance, there is a risk that persons situated under or above the carrier may be crushed between the carrier and any fixed parts, sufficient free space must shall be provided either by means of physical refuges or by means of mechanical devices blocking the movement of the carrier.

4.1.2.8.4. Risk due to the load falling off the carrier

Where there is a risk due to the load falling off the carrier, the machinery must shall be designed and constructed in such a way as to prevent this risk.

4.1.2.8.5. Landings

Risks due to contact of persons at landings with the moving carrier or other moving parts must shall be prevented. Where there is a risk due to persons falling into the travel zone when the carrier is not present at the landings, guards must shall be fitted in order to prevent this risk. Such guards must shall not open in the direction of the travel zone. They must shall be fitted with an interlocking device controlled by the position of the carrier that prevents:

4.1.3. Fitness for purpose

When lifting machinery or lifting accessories are placed on the market or are first put into service, the manufacturer or his or her authorised representative must shall ensure, by taking appropriate measures or having them taken, that the machinery or the lifting accessories which are ready for use — whether manually or power-operated — can fulfil their specified functions safely.

The static and dynamic tests referred to in section 4.1.2.3 must shall be performed on all lifting machinery ready to be put into service.

Where the machinery cannot be assembled in the manufacturer’s premises or in the premises of his or her authorised representative, the appropriate measures must shall be taken at the place of use by the manufacturer, or by his or her authorised representative or by another subject on the manufacturers’ behalf. Otherwise, the measures may b e taken either in the manufacturer’s premises or at the place of use.

4.2. REQUIREMENTS FOR MACHINERY PRODUCTS WHOSE POWER SOURCE IS OTHER THAN MANUAL EFFORT

4.2.1. Control of movements

Hold-to-run control devices must shall be used to control the movements of the machinery or its equipment. However, for partial or complete movements in which there is no risk of the load or the machinery colliding, the said devices may be replaced by control devices authorising automatic stops at pre-selected positions without the operator holding a hold-to-run control device.

4.2.2. Loading control

Machinery with a maximum working load of not less than 1 000 kilograms or an overturning moment of not less than 40 000 Nm must shall be fitted with devices to warn the driver and prevent dangerous movements in the event:

4.2.3. Installations guided by ropes

Rope carriers, tractors or tractor carriers must shall be held by counterweights or by a device allowing permanent control of the tension.

4.3. INFORMATION AND MARKINGS

4.3.1. Chains, ropes and webbing

Each length of lifting chain, rope or webbing not forming part of an assembly must shall bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or his or her authorised representative and the identifying reference of the relevant certificate. The certificate mentioned above must shall show at least the following information:

4.3.2. Lifting accessories

Lifting accessories must shall show the following particulars:

In the case of lifting accessories on which marking is physically impossible, the particulars referred to in the first paragraph must shall be di splayed on a plate or other equivalent means and securely affixed to the accessory. The particulars must shall be legible and located in a place where they are not liable to disappear as a result of wear or jeopardise the strength of the accessory.

4.3.3. Lifting machinery

The maximum working load must shall be prominently marked on the machinery. This marking must shall be legible, indelible and in an un-coded form.

Where the maximum working load depends on the configuration of the machinery, each operating position must shall be provided with a load plate indicating, preferably in diagrammatic form or by means of tables, the working load permitted for each configuration.

Machinery intended for lifting goods only, equipped with a carrier which allows access to persons, must shall bear a clear and indelible warning prohibiting the lifting of persons. This warning must shall be visible at each place where access is possible.

4.4. INSTRUCTIONS

4.4.1. Lifting accessories

Each lifting accessory or each commercially indivisible batch of lifting accessories must shall be accompanied by instructions setting out at least the following particulars:

4.4.2. Lifting machinery

Lifting machinery must shall be accompanied by instructions containing information on:

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

Machinery products intended for underground work must shall meet all the essential health and safety requirements described in this chapter (see General Principles, point 4).

5.1. RISKS DUE TO LACK OF STABILITY

Powered roof supports must shall be designed and constructed in such a way as to maintain a given direction when moving and not slip before and while they come under load and after the load has been removed. They must shall be equipped with anchorages for the top plates of the individual hydraulic props.

5.2. MOVEMENT

Powered roof supports must shall al low for unhindered movement of persons.

5.3. CONTROL DEVICES

The accelerator and brake controls for movement of machinery running on rails must shall be hand-operated. However, enabling devices may be foot-operated.

The control devices of powered roof supports must shall be designed and positioned in such a way that, during displacement operations, operators are sheltered by a support in place. The control devices must shall be protected against any accidental release.

5.4. STOPPING

Self-propelled machinery running on rails for use in underground work must shall be equipped with an enabling device acting on the circuit controlling the movement of the machinery such that movement is stopped if the driver is no longer in control of the movement.

5.5. FIRE

The second indent of section Section 3.5.2 (b) is mandatory in respect of machinery, which comprises highly flammable parts.

The braking system of machinery intended for use in underground workings must shall be designed and constructed in such a way that it does not produce sparks or cause fires.

Machinery with internal combustion engines for use in underground workings must shall be fitted only with engines using fuel with a low vaporising pressure and which exclude any spark of electrical origin.

5.6. EXHAUST EMISSIONS

Exhaust emissions from internal combustion engines must shall not be discharged upwards.

6. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY PRODUCTS PRESENTING PARTICULAR HAZARDS RISKS DUE TO THE LIFTING OF PERSONS

Machinery products presenting hazards risks due to the lifting of persons must shall meet all the relevant essential health and safety requirements described in this chapter (see General Principles, point 4).

6.1. GENERAL

6.1.1. Mechanical strength

The carrier, including any trapdoors, must shall be designed and constructed in such a way as to offer the space and strength corresponding to the maximum number of persons permitted on the carrier and the maximum working load.

The working coefficients for components set out in sections 4.1.2.4 and 4.1.2.5 are inadequate for machinery intended for the lifting of persons and must shall, as a general rule, be doubled. Machinery intended for lifting persons or persons and goods must shall be fitted with a suspension or supporting system for the carrier designed and constructed in such a way as to ensure an adequate overall level of safety and to prevent the risk of the carrier falling.

If ropes or chains are used to suspend the carrier, as a general rule, at least two independent ropes or chains are required, each with its own anchorage.

6.1.2. Loading control for machinery moved by power other than human strength

The requirements of section 4.2.2 apply regardless of the maximum working load and overturning moment, unless the manufacturer can demonstrate that there is no risk of overloading or overturning.

6.2. CONTROL DEVICES

Where safety requirements do not impose other solutions, the carrier must shall, as a general rule, be designed and con structed in such a way that persons in the carrier have means of controlling upward and downward movements and, if appropriate, other movements of the carrier.

In operation, those control devices must shall override any other devices controlling the same movement with the exception of emergency stop devices.

The control devices for these the movements must referred to in the first paragraph shall be of the hold-to-run type except where the carrier itself is completely enclosed.

If there is no risk of persons or objects on the carrier colliding or falling and no other risks due to the upward and downward movements of the carrier, control devices authorising automatic stops at preselected positions may be used instead of hold-to-run type control devices.

6.3. RISKS TO PERSONS IN OR ON THE CARRIER

6.3.1. Risks due to movements of the carrier

Machinery for lifting persons must shall be designed, constructed or equipped in such a way that the acceleration or de celeration of the carrier does not engender risks for persons.

6.3.2. Risk of persons falling from the carrier

The carrier must shall not tilt to an extent which creates a risk of the occupants falling, including when the machinery and carrier are moving.

Where the carrier is designed as a work station workstation, provision must shall be made to ensure stability and to prevent hazardous movements.

If the measures referred to in section 1.5.15 are not adequate, carriers must shall be fitted with a sufficient number of suitable anchorage points for the number of persons permitted on the carrier. The anchorage points must shall be strong enough for the use of personal protective equipment against falls from a height.

Any trapdoor in floors or ceilings or side doors must shall be designed and constructed in such a way as to prevent inadvertent opening and must shall open in a direction that obviates any risk of falling, should they open unexpectedly.

6.3.3. Risk due to objects falling on the carrier

Where there is a risk of objects falling on the carrier and endangering persons, the carrier must shall be equipped with a protective roof.

6.4. MACHINERY SERVING FIXED LANDINGS

6.4.1. Risks to persons in or on the carrier

The carrier must shall be designed and constructed in such a way as to prevent risks due to contact between persons and/or objects in or on the carrier with any fixed or moving elements. Where necessary in order to fulfil this requirement, the carrier itself must shall be completely enclosed with doors fitted with an interlocking device that prevents hazardous movements of the carrier unless the doors are closed. The doors must shall remain closed if the carrier stops between landings where there is a risk of falling from the carrier.

The machinery must shall be designed, constructed and, where necessary, equipped with devices in such a way as to prevent uncontrolled upward or downward movement of the carrier. These devices must shall be able to stop the carrier at its maximum working load and at the foreseeable maximum speed.

The stopping action must shall not cause deceleration harmful to the occupants, whatever the load conditions.

6.4.2. Controls at landings

Controls, other than those for emergency use, at landings must shall not initiate movements of the carrier when:

6.4.3. Access to the carrier

The guards at the landings and on the carrier must shall be designed and constructed in such a way as to ensure safe transfer to and from the carrier, taking into consideration the foreseeable range of goods and persons to be lifted.

6.5. MARKINGS

The carrier must shall bear the information necessary to ensure safety including:

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2021-05-17
Annex III チャプター２～６を追加：2021-05-20
ページトップに注意事項を追加：2023-07-01

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