EU Issues of Relevance to the Rental Industry Last Update: 6 February 2012
CHAPTER 1 – CONSTRUCTION EQUIPMENT 1.1° The Machinery Directive The Machinery Directive 2006/42/EC was published on 9th June 2006 and it is applicable from 29th December 2009, replacing the Machinery Directive 98/37/EC. The aim of the Machinery Directive is to provide for the regulatory basis for the harmonization of essential health and safety requirement for machinery at European level. This Directive thus has major implications for any company placing equipment on the EU market (mostly equipment manufacturers and importers of equipment). As major purchasers of construction equipment, rental companies should be aware of its content and requirements. The Machinery Directive does not apply to rented equipment which was first placed on the EU market according to the Directive by a manufacturer, importer or distributor. When rental companies however directly purchase or transfer new or used equipment from outside the European Union, they are responsible for the compliance of the equipment with the requirements of the Machinery Directive, as in that case, they are the ones placing the equipment on the EU market. The European Commission has published in June 2010 its second guidance on the application of the Machinery Directive, which provides support for the interpretation of the Directive. For more information and links to the Directive and Guidance documents: -
European Commission Website: http://ec.europa.eu/enterprise/sectors/mechanical/machinery/
1.2° Safety Leaflets / Instruction Manuals It is compulsory in almost all countries to provide the instruction manual provided by the manufacturers of equipment to customers of rental companies. However, such lengthy instruction manuals can be completed with safety leaflets providing for the basic information any person operating a said piece of equipment should be aware of. Many national associations produce such safety leaflets for their member companies. Some rental companies also produce them on their own. In order to support rental companies and national rental association when creating instruction leaflets to be distributed to customers in one or the other country, the ERA has drafted a framework for the production of safety leaflets available at: http://www.erarental.org/publications/ERA-Annual-Report/index.html
CHAPTER 2 – HEALTH AND SAFETY OF WORKERS
2.1° The General Framework: Health and Safety of Workers at Work Directive 89/391/EEC on the Health and Safety of Workers at Work is a "Framework" Directive, since it sets out basic cross-industry obligations of employers and workers relating to health and safety at work and provides the framework for a series of individual Directives dealing with specific aspects of health and safety or specific hazards. Many different Directives have been adopted under this framework Directive, which employers need to take into account. The following currently apply notably to the construction industry:
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Commission Directive 2009/161/EU establishing a third list of occupations exposure limit values. This Directive sets limit values for 19 substances with regards to workers’ exposure. It has to be transposed by the Member States before 18 December 2011;
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Directive 2009/148/EC on the protection of workers from the risk related to exposure to asbestos at work;
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Directive 2004/37/EC on the protection of workers from risks related to exposure to mutagens and carcinogens at work;
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Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise);
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Directive 2002/44/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration);
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Directive 2000/54/EC on the protection of workers from risks related to exposure to biological agents at work;
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Council Directive 92/58/EEC on the minimum requirements for the provision of safety and/or health signs at work;
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Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites;
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Council Directive 90/269/EEC on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers;
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Council Directive 89/656/EEC on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace;
Directive 2009/104/EC: Use of Work Equipment by Workers at Work This is a revised version of the second Directive adopted under the above-mentioned framework Directive. Construction equipment is to be understood as work equipment and therefore falls under the scope of this Directive, which can be considered as a measure complementary to the Machinery Directive during the lifecycle of equipment. According to Directive 2009/104/EC, employers are required to make available to worker work equipment that is suitable for the work to be carried out and which complies with the provisions of any relevant EU Directive which is applicable to it. This means that all new equipment made available to workers must comply with the Machinery Directive and any other EU Directives that may be applicable. The Directive also deals with rules on the restriction of the use or the maintenance of equipment involving a specific risk to designated workers, the obligation to take into account ergonomic principles and the provision of information, instructions and training for workers.
The ERA has published guidance to industry on the minimum requirements that should be included in any training for staff operating equipment. During the lifetime of the equipment, the employer must also ensure that equipment is kept – by adequate means of maintenance – at a level such that it complies with the provisions that were applicable when it was first made available in the undertaking. This does not mean that the equipment must be maintained in an “as new” condition as it is subject to wear. It however imposes on employers to ensure that it continues to comply with essential health and safety requirements of the Machinery Directive that were applied when it was first placed on the market or put into service. Generally, European legislation on the protection of workers provides for the minimum rules applying in the EU. Every Member State is free to adopt more stringent rule for the protection of workers on its territory if deemed appropriate. For more information: -
European Commission Health and Safety at Work Website: http://ec.europa.eu/social/main.jsp?catId=148&langId=en
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Directive 89/391/EEC: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31989L0391:en:HTML
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Directive 2009/104/EC: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2009:260:SOM:en:HTML
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ERA recommended framework for the training of operators: http://www.erarental.org/publications/ERA-Annual-Report/Position-Papers-and-Guidance-toIndustry-3.html
2.2° Operator Licences Licenses required in EU Member States to operate some pieces of (heavy) equipment are currently not recognized in other Member States because training requirements to obtain the said license can vary greatly from one Member State to another. The ERA is strongly advocating for the mutual recognition of licenses between Member States where training requirements to obtain a license to operate a certain type of equipment can be considered as equivalent.
2.3° Inspection of Work Equipment Inspections of construction equipment have to be performed at regular intervals. Inspections can be required by law (for example for lifting equipment) or be part of complying with the requirement of Directive 2009/104/EC which states that workers must be provided with equipment that is safe to use. Depending on the equipment considered and the country where it is operated, inspections can be carried out: -
By qualified employees of the rental company; By certified private companies; By national authorities;
The two latter apply notably to inspections that are required by law. For some categories of heavy or lifting equipment, points of inspection / the periodicity of inspections may vary from one Member State to another. This is why inspections often have to be carried out again when equipment is put to use in another country than the one where the last inspection was performed. The ERA has published a best practice statement on in-service inspection of work equipment, which is available for download here: http://www.erarental.org/publications/ERA-Annual-Report/Position-Papersand-Guidance-to-Industry-3.html
CHAPTER 3 – EMISSIONS AND WASTE 3.1 Emissions from Construction Equipment Engines Emissions from construction equipment engines are regulated in four stages of Directive 97/68/EC amended by Directive 2004/26/EC relating to engine emissions of non-road equipment in the EU. Stage II entered into force in 2004, stage IIIA in 2006. Stage IIIB is scheduled for 2011 and stage IV is schedules for 2014. Introduction dates and emission levels are aligned with US-based rules for non-road mobile machinery. On 8 November 2011, the Council of the European Union (representing EU Member States) supported a decision already taken in October by the European Parliament, in favour of increased flexibility for the introduction of new engine emissions for mobile machinery. The revised flexibility clause for construction equipment relates to exhaust emissions of non-road mobile machines (thus also construction equipment). It ensures that technical modifications required to fulfill emissions limits of stage IIIB can be introduced over a longer period of time. The European Parliament accepted the increase of flexibility to 37.5% and also the increase of the fixed quantities with a factor 2.5 as it was requested by the European Commission. This measure will lead to a smooth transition from the engine emission stage IIIA to IIIB but is only valid during the duration of stage IIIA with a maximum of 3 years. For more information:
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European Commission website: http://ec.europa.eu/enterprise/sectors/mechanical/documents/legislation/emissions-nonroad/index_en.htm
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CECE website: http://www.cece-eu.org/regulations.php?type=6
3.2 Waste Management The EU is generating annually some 3 billion tonnes of waste, of which 90 million tonnes are hazardous waste. This is equivalent to 6 tonnes of waste per EU citizen. The amount of waste produced is increasing and OECD estimates show that the EU could be generating 45% more waste in 2020 than in 1990 if no action was taken. To counter this trend, the EU has revised its Waste Framework Directive in 2008. This Directive states that final disposal of waste should be limited to the minimum and establishes a waste hierarchy, with waste prevention, reuse, recycling and recovery being preferred options (in that order). EU waste legislation imposes a common waste nomenclature – the European List of Wastes (European Commission Decision 2000/532/EC) currently under review - as well as a number of actions to be taken and enforced by Member States to favour waste prevention, reuse and recycling. A disctinction is made between hazardous waste and other waste. The aim being to avoid any release into the environment resulting from hazardous waste. Whether a waste is to be considered hazardous is set by the European List of Wastes. Specific requirements for hazardous waste are laid down in article 17 to 20 of Directive 2008/98/EC, which provides for additinal labelling, record-keeping, monitoring and control obligations for that type of waste from the waste producer to final disposal or recovery. Hazardous waste cannot be mixed with other waste.
3.3 Releases into the Environment The EU has overtime adopted a whole set of legislation applicable in all the Member States on avoiding releases of (dangerous) substances into water and into the air. It is also discussing adapting similar legislation for soil. Although different in nature, all these pieces of legislation set binding targets for the
Member States to achieve in minimising releases into the environment, with some releases (for example of carcinogenic, mutagenic and reprotoxic substances) being banned.
CHAPTER 4 – PROVIDING SERVICES IN OTHER MEMBERS STATES 4.1° The Services Directive The Services Directive (2006/123/EC) was adopted in December 2006, with a transposition deadline in the Member States of 28 December 2009. Its aim is to facilitate the provision of services across national borders in the European Union by setting-up single contact points in each Member State, destined to help economic operators from EU countries which want to open an establishment or to provide services in another Member State than their own. Rental and leasing services fall into the scope of the Directive. Initially the European Commission wanted to largely free up the provision of services between Member States. However, due to opposition from some countries, the Directive proposed initially was largely amended and it scope was much reduced. Nevertheless, much information on providing services in other Member States and on rules / restrictions applying to these services can be obtained via the single contact points. For more information: -
National Contact Points Websites: http://ec.europa.eu/internal_market/eu-go/index_en.htm
4.2° Posting of Workers The Posting of Workers Directive (96/71/EC) applies to: -
Companies that post workers to another Member State under a contract between them and, in the other state, the party for whom the services are intended;
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Companies that post workers within the company but in another Member State;
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Employment businesses who post workers and maintain an employment relationship during the posting;
The objective of the Directive is to guarantee a set of protective rules applicable in the host country for posted workers related to the terms and conditions of work and employment and making these binding on undertakings posting workers. These protective rules include in particular on: -
Maximum work periods and minimum rest periods Minimum paid annual holidays Minimum rates of pay The conditions of hiring-out workers, in particular the supply of workers by temporary employment undertakings Health, safety and hygiene at work Protective measures regarding terms and conditions of employment of pregnant women or women who have recently given birth, of children and young people Equality of treatment between men and women and other provisions of non-discrimination Member States have a possibility of derogation in case of:
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Work lasting maximum one month: possibility for derogation on minimum rates of pay; Insignificant amount of work: possibility for derogation on minimum rates of pay and holidays;
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Initial assembly or first installation not exceeding 8 days: possibility on minimum rates of pay and holidays (this does not apply in the construction industry);
For more information: -
The European Commission has compiled information on contact points and basic legislation applying to the posting of workers in all Member States: http://ec.europa.eu/social/main.jsp?catId=726&langId=en
4.3° Cross-border transportation of equipment Rules for the transportation of (heavy) equipment by road are set by EU Member States. This means that rules for signage, documents to be provided to obtain authorizations for transportation, timelines to obtain such authorizations etc can vary largely from one country to another. There have been attempts to harmonize these rules in the 1990’s but due to the opposition of most Member States, the European Commission had withdrawn its proposals. ERA and FIEC (the European Construction Industry Federation) have repeatedly called upon the European Commission to take action on this matter, pointing out that heavy administrative procedures create de facto barriers in the internal market. The ERA’s position paper on the cross-border transportation of equipment is available here: http://www.erarental.org/publications/ERA-Annual-Report/Position-Papers-and-Guidance-toIndustry-3.html CHAPTER 5: STANDARDS OF RELEVANT TO THE RENTAL INDUSTRY ISO and FEM Safe Use, Maintenance and Training Standards for relevant construction equipment Standard No.
Date
Title
ISO 7130
1981
Earth-moving machinery -- Guide to procedure for operator training
ISO 8152
1984
Earth-moving machinery -- Operation and maintenance -Training of mechanics
ISO 121510
2004
Earth-moving machinery -- Operation and maintenance -Maintainability guidelines
ISO 18878
2004
Mobile elevating work platforms -- Operator (driver) training
ISO 18893
2004
Mobile elevating work platforms -- Safety principles, inspection, maintenance and operation
ISO 12480-1
1997
Cranes -- Safe use -- Part 1: General
ISO 12480-3
2005
Cranes -- Safe use -- Part 3: Tower cranes
ISO 12480-4
2007
Cranes -- Safe use -- Part 4: Jib cranes
ISO 23813
2007
Cranes -- Training of appointed persons
ISO 9926-1
1990
Cranes -- Training of drivers -- Part 1: General
ISO 9926-3
2005
Cranes -- Training of drivers -- Part 3: Tower cranes
ISO 23853
2004
Cranes -- Training of slingers and signallers
ISO 23814
2009
Cranes -- Competency requirements for crane inspectors
ISO 9927-3
2005
Cranes -- Inspections -- Part 3: Tower cranes
ISO 4309
2010
Cranes -- Wire ropes -- Care and maintenance, inspection and discard
FEM 1.007
2003
Recommendations to maintain tower cranes in safe conditions
FEM N 0284
2011
Lifting persons with mobile cranes
FEM N 0308
2011
Overload testing of mobile cranes
ISO 5057
1993
Industrial trucks -- Inspection and repair of fork arms in service on fork-lift trucks
FEM 4.004
2004
Periodic inspection of industrial trucks
ISO 22846-1
2003
Personal equipment for protection against falls -- Rope access systems -- Part 1: Fundamental principles for a system of work
ISO 8792
1986
Wire rope slings -- Safety criteria and inspection procedures for use