The carrier of each lift must be a car. This car must be designed and constructed to offer the space and strength corresponding to the maximum number of persons and the rated load of the lift set by the installer.
Where the lift is intended for the transport of persons, and where its dimensions permit, the car must be designed and constructed in such a way that its structural features do not obstruct or impede access and use by disabled persons and so as to allow any appropriate adjustments intended to facilitate its use by them."
Article 25
Repeal
Directive 98/37/EC is hereby repealed as from 29 December 2009.
References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex XII.
Article 26
Transposition
1. Member States shall adopt and publish the provisions necessary to comply with this Directive by 29 June 2008 at the latest. They shall forthwith inform the Commission thereof.
They shall apply those provisions with effect from 29 December 2009.
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive, together with a table showing how the provisions of this Directive correspond to the national provisions adopted.
Article 27
Derogation
Until 29 June 2011 Member States may allow the placing on the market and the putting into service of portable cartridge-operated fixing and other impact machinery which are in conformity with the national provisions in force upon adoption of this Directive.
Article 28
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 29
Addressees
This Directive is addressed to the Member States.
Annex I
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING
TO THE THE DESIGN AND CONSTRUCTION OF MACHINERY
GENERAL PRINCIPLES
1. The manufacturer of machinery or his authorised representative must ensure that a risk assessment is carried out in order to determine the health and safety requirements which apply to the machinery. The machinery must then be designed and constructed taking into account the results of the risk assessment.
By the iterative process of risk assessment and risk reduction referred to above, the manufacturer or his authorised representative shall:
- determine the limits of the machinery, which include the intended use and any reasonably foreseeable misuse thereof,
- identify the hazards that can be generated by the machinery and the associated hazardous situations,
- estimate the risks, taking into account the severity of the possible injury or damage to health and the probability of its occurrence,
- evaluate the risks, with a view to determining whether risk reduction is required, in accordance with the objective of this Directive,
- 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 in question when it is used under the conditions foreseen by the manufacturer or his authorised representative or in foreseeable abnormal situations. In any event, the principles of safety integration referred to in section 1.1.2 and the obligations concerning marking of machinery and instructions referred to in sections 1.7.3 and 1.7.4 apply.
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 must, as far as possible, be designed and constructed with the purpose of approaching these objectives.
4. This Annex is organised in several parts. The first one is of general scope and applicable to all kinds of machinery. The other parts refer to certain kinds 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 machinery is being designed, the requirements of the general part and the requirements of one or more of the other parts 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 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 machinery in which a person is subject to a risk to his 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 machinery;
(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 machinery 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 machinery in accordance with the information provided in the instructions for use;
(i) "reasonably foreseeable misuse" means the use of machinery 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) Machinery must 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 measures taken must be to eliminate any risk throughout the foreseeable lifetime of the machinery including the phases of transport, assembly, dismantling, disabling and scrapping.
(b) In selecting the most appropriate methods, the manufacturer or his authorised representative must apply the following principles, in the order given:
- eliminate or reduce risks as far as possible (inherently safe machinery design and construction),
- take the necessary protective measures in relation to risks that cannot be eliminated,
- 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 machinery and when drafting the instructions, the manufacturer or his authorised representative must envisage not only the intended use of the machinery but also any reasonably foreseeable misuse thereof.
The machinery must 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 draw the user's attention to ways - which experience has shown might occur - in which the machinery should not be used.
(d) Machinery must 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) Machinery must be supplied with all the special equipment and accessories essential to enable it to be adjusted, maintained and used safely.
1.1.3. Materials and products
The materials used to construct machinery or products used or created during its use must not endanger persons' safety or health. In particular, where fluids are used, machinery must be designed and constructed to prevent risks due to filling, use, recovery or draining.
1.1.4. Lighting
Machinery must 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.
Machinery must 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 be provided with appropriate lighting.
1.1.5. Design of machinery to facilitate its handling
Machinery, or each component part thereof, must:
- be capable of being handled and transported safely,
- be packaged or designed so that it can be stored safely and without damage.
During the transportation of the machinery and/or its component parts, there must be no possibility of sudden movements or of hazards due to instability as long as the machinery and/or its component parts are handled in accordance with the instructions.
Where the weight, size or shape of machinery or its various component parts prevents them from being moved by hand, the machinery or each component part must:
- either be fitted with attachments for lifting gear, or
- be designed so that it can be fitted with such attachments, or
- be shaped in such a way that standard lifting gear can easily be attached.
Where machinery or one of its component parts is to be moved by hand, it must:
- either be easily moveable, or
- be equipped for picking up and moving safely.
Special arrangements must be made for the handling of tools and/or machinery 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 be reduced to the minimum possible, taking into account ergonomic principles such as:
- allowing for the variability of the operator's physical dimensions, strength and stamina,
- providing enough space for movements of the parts of the operator's body,
- avoiding a machine-determined work rate,
- avoiding monitoring that requires lengthy concentration,
- adapting the man/machinery interface to the foreseeable characteristics of the operators.
1.1.7. Operating positions
The operating position must 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 is intended to be used in a hazardous environment presenting risks to the health and safety of the operator or if the machinery itself gives rise to a hazardous environment, adequate means must be provided to ensure that the operator has good working conditions and is protected against any foreseeable hazards.
Where appropriate, the operating position must be fitted with an adequate cabin designed, constructed and/or equipped to fulfil the above requirements. The exit must allow rapid evacuation. Moreover, when applicable, an emergency exit must 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 must 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, the seat must be provided with the machinery.
The operator's seat must enable him to maintain a stable position. Furthermore, the seat and its distance from the control devices must be capable of being adapted to the operator.
If the machinery is subject to vibrations, the seat must 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 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 be provided.
1.2. Control systems
1.2.1. Safety and reliability of control systems
Control systems must be designed and constructed in such a way as to prevent hazardous situations from arising. Above all, they must be designed and constructed in such a way that:
- they can withstand the intended operating stresses and external influences,
- a fault in the hardware or the software of the control system does not lead to hazardous situations,
- errors in the control system logic do not lead to hazardous situations,
- reasonably foreseeable human error during operation does not lead to hazardous situations.
Particular attention must be given to the following points:
- the machinery must not start unexpectedly,
- the parameters of the machinery must not change in an uncontrolled way, where such change may lead to hazardous situations,
- the machinery must not be prevented from stopping if the stop command has already been given,
- no moving part of the machinery or piece held by the machinery must fall or be ejected,
- automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded,
- the protective devices must remain fully effective or give a stop command,
- the safety-related parts of the control system must apply in a coherent way to the whole of an assembly of machinery and/or partly completed machinery.
For cable-less control, an automatic stop must be activated when correct control signals are not received, including loss of communication.
1.2.2. Control devices
Control devices must be:
- clearly visible and identifiable, using pictograms where appropriate,
- positioned in such a way as to be safely operated without hesitation or loss of time and without ambiguity,
- designed in such a way that the movement of the control device is consistent with its effect,
- located outside the danger zones, except where necessary for certain control devices such as an emergency stop or a teach pendant,
- positioned in such a way that their operation cannot cause additional risk,
- designed or protected in such a way that the desired effect, where a hazard is involved, can only be achieved by a deliberate action,
- made in such a way as to withstand foreseeable forces; particular attention must be paid to emergency stop devices liable to be subjected to considerable forces.
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 be clearly displayed and subject to confirmation, where necessary.
Control devices must 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 must be fitted with indicators as required for safe operation. The operator must be able to read them from the control position.
From each control position, the operator must be able to ensure that no-one is in the danger zones, or the control system must 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 starts, an acoustic and/or visual warning signal must be given. The exposed persons must have time to leave the danger zone or prevent the machinery starting up.
If necessary, means must be provided to ensure that the machinery 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 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 machinery has two or more operating positions, each position must 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 be possible to start machinery only by voluntary actuation of a control device provided for the purpose.
The same requirement applies:
- when restarting the machinery after a stoppage, whatever the cause,
- when effecting a significant change in the operating conditions.
However, the restarting of the machinery 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 machinery functioning in automatic mode, the starting of the machinery, 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 machinery has several starting control devices and the operators can therefore put each other in danger, additional devices must be fitted to rule out such risks. If safety requires that starting and/or stopping must be performed in a specific sequence, there must be devices which ensure that these operations are performed in the correct order.
1.2.4. Stopping
1.2.4.1. Normal stop
Machinery must be fitted with control device whereby the a machinery can be brought safely to a complete stop.
Each workstation must be fitted with a control device to stop some or all of the functions of the machinery, depending on the existing hazards, so that the machinery is rendered safe.
The machinery's stop control must have priority over the start controls.
Once the machinery or its hazardous functions have stopped, the energy supply to the actuators concerned must 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 be monitored and maintained.
1.2.4.3. Emergency stop
Machinery must be fitted with one or more emergency stop devices to enable actual or impending danger to be averted.
The following exceptions apply:
- machinery in which an emergency stop device would not lessen the risk, either because it would not reduce the stopping time or because it would not enable the special measures required to deal with the risk to be taken,
- portable hand-held and/or hand-guided machinery.
The device must:
- have clearly identifiable, clearly visible and quickly accessible control devices,
- stop the hazardous process as quickly as possible, without creating additional risks,
- where necessary, trigger or permit the triggering of certain safeguard movements.
Once active operation of the emergency stop device has ceased following a stop command, that command must be sustained by engagement of the emergency stop device until that engagement is specifically overridden; it must not be possible to engage the device without triggering a stop command; it must be possible to disengage the device only by an appropriate operation, and disengaging the device must not restart the machinery but only permit restarting.
The emergency stop function must be available and operational at all times, regardless of the operating mode.
Emergency stop devices must be a back-up to other safeguarding measures and not a substitute for them.
1.2.4.4. Assembly of machinery
In the case of machinery or parts of machinery designed to work together, the machinery must be designed and constructed in such a way that the stop controls, including the emergency stop devices, can stop not only the machinery 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 override all other control or operating modes, with the exception of the emergency stop.
If machinery 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 be fitted with a mode selector which can be locked in each position. Each position of the selector must be clearly identifiable and must 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 to certain categories of operator.
If, for certain operations, the machinery must be able to operate with a guard displaced or removed and/or a protective device disabled, the control or operating mode selector must simultaneously:
- disable all other control or operating modes,
- permit operation of hazardous functions only by control devices requiring sustained action,
- permit the operation of hazardous functions only in reduced risk conditions while preventing hazards from linked sequences,
- prevent any operation of hazardous functions by voluntary or involuntary action on the machine's sensors.
If these four conditions cannot be fulfilled simultaneously, the control or operating mode selector must activate other protective measures designed and constructed to ensure a safe intervention zone.
In addition, the operator must be able to control operation of the parts he is working on from the adjustment point.
1.2.6. Failure of the power supply
The interruption, the re-establishment after an interruption or the fluctuation in whatever manner of the power supply to the machinery must not lead to dangerous situations.
Particular attention must be given to the following points:
- the machinery must not start unexpectedly,
- the parameters of the machinery must not change in an uncontrolled way when such change can lead to hazardous situations,
- the machinery must not be prevented from stopping if the command has already been given,
- no moving part of the machinery or piece held by the machinery must fall or be ejected,
- automatic or manual stopping of the moving parts, whatever they may be, must be unimpeded,
- the protective devices must remain fully effective or give a stop command.
1.3. Protection against mechanical hazards
1.3.1. Risk of loss of stability
Machinery and its components and fittings must be stable enough to avoid overturning, falling or uncontrolled movements during transportation, assembly, dismantling and any other action involving the machinery.
If the shape of the machinery itself or its intended installation does not offer sufficient stability, appropriate means of anchorage must be incorporated and indicated in the instructions.
1.3.2. Risk of break-up during operation
The various parts of machinery and their linkages must be able to withstand the stresses to which they are subject when used.
