OCCUPATIONAL RISK ASSESSMENT AND MANAGEMENT

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ESTRATTO DA

SICUREZZA E IGIENE
DEL LAVORO S.I.L. [ s ea l ]

IL CONTESTO, LE DEVIAZIONI, LE REGOLE

LA VALUTAZIONE E LA GESTIONE DEL RISCHIO

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Copyright POLITEKO. ISBN

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RULES IN THE FIELD OF INDUSTRIAL SAFETY

General principles, functioning as mainpoints and define the set of responsibilities;

origin and evolution of the laws in force;

provisions in force since the 90ies, determining the approach to safety and health of workers at
workplaces;

some provisions still in force with the due precise definitions- brought in since the 50ies, while most
of them are in the Consolidated Act ( D.Lgs.81/08);

laws, specifications and technical rules.

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THE MODERN APPROACH TO THE OCCUPATIONAL S&H

1957: Treaty of Rome = the base of the Common European Market.

1985: Single European Act., amending the artt.100 & 118 of the Treaty of Rome :
!!! the compliance to shared safety rules as a commonly accepted basic reference !!!

Council Directive 89/392/EEC of 14 June 1989

on the approximation of the laws of the
Member States relating to machinery

Official Journal L 183, 29/06/1989 P. 0001 0008 (amended)

[replaced by 98/37 ... 06/42 CE]

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Council Directive 89/391/EEC of 12 June 1989

on the introduction of measures to encourage
improvements in the safety and health of
workers at work

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D.Lgs. 09.04.2008 n 81 , G.U. 30.04.2008 : Testo

unico in materia di sicurezza sul lavoro

Official Journal L 183, 29/06/1989 , P.0009

D.P.R. 24 07 1996 n 459, G.U. 06.09.1996 :

Regolamento per l'attuazione delle Direttive
89/392/CEE, 91/368/CEE, 93/44/CEE e 93/68/CEE
concernenti il riavvicinamento delle legislazioni
degli Stati membri relative alle macchine.
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Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the
safety and health of workers at work
Article 1
Object

1. The object of this Directive is to introduce measures to encourage improvements in the safety and health of workers at work.
2. To that end it contains general principles concerning the prevention of occupational risks, the protection of safety and health,
the elimination of risk and accident factors, the informing, consultation, balanced participation in accordance with national
laws and/or practices and training of workers and their representatives, as well as general guidelines for the implementation of
the said principles.
3. This Directive shall be without prejudice to existing or future national and Community provisions which are more favorable
to protection of the safety and health of workers at work.
..............
Article 5
General provision

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1. The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work.
..............

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Article 6

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General obligations on employers

1. Within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection
of workers, including prevention of occupational risks and provision of information and training, as well as provision of the
necessary organization and means.
The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve
existing situations.
2. The employer shall implement the measures referred to in the first subparagraph of paragraph 1 on the basis of the following
general principles of prevention:
(a) avoiding risks;

(b) evaluating the risks which cannot be avoided:

(c) combating the risks at source;

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(d) adapting the work to the individual, especially as regards the design of work places, the choice of work equipment and the
choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a
predetermined work-rate and to reducing their effect on health.
(e) adapting to technical progress;
(f) replacing the dangerous by the non-dangerous or the less dangerous;
(g) developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social
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relationships and the influence of factors related to the working environment;

(h) giving collective protective measures priority over individual protective measures;
(i) giving appropriate instructions to the workers.

3. Without prejudice to the other provisions of this Directive, the employer shall, taking into account the nature of the activities
of the enterprise and/or establishment:
(a) evaluate the risks to the safety and health of workers, inter alia in the choice of work equipment, the chemical substances or
preparations used, and the fitting-out of work places.
Subsequent to this evaluation and as necessary, the preventive measures and the working and production methods implemented
by the employer must:
- assure an improvement in the level of protection afforded to workers with regard to safety and health,
- be integrated into all the activities of the undertaking and/or establishment and at all hierarchical levels;
(b) where he entrusts tasks to a worker, take into consideration the worker's capabilities as regards health and safety;

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(c) ensure that the planning and introduction of new technologies are the subject of consultation with the workers and/or their
representatives, as regards the consequences of the choice of equipment, the working conditions and the working environment
for the safety and health of workers;
(d) take appropriate steps to ensure that only workers who have received adequate instructions may have access to areas where
there is serious and specific danger.
4. Without prejudice to the other provisions of this Directive, where several undertakings share a work place, the employers
shall cooperate in implementing the safety, health and occupational hygiene provisions and, taking into account the nature of
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the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform
one another and their respective workers and/or workers' representatives of these risks.

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5. Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost.

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DIRECTIVE 2006/42/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 may 2006 on the approximation of the
laws of the Member States relating to machinery
ANNEX I
ESSENTIAL HEALTH AND SAFETY REQUIREMENTS RELATING TO THE DESIGN AND CONSTRUCTION OF MACHINERY
AND SAFETY COMPONENTS

1. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS

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1.1. General remarks

1.1.1. Definitions
1.1.2. Principles of safety integration
(a) Machinery must be so constructed that it is fitted for its function, and can be adjusted and maintained without putting persons at risk when these
operations are carried out under the conditions foreseen by the manufacturer.
The aim of measures taken must be to eliminate any risk of accident throughout the foreseeable lifetime of the machinery, including the phases of
assembly and dismantling, even where risks of accident arise from foreseeable abnormal situations.
(b) In selecting the most appropriate methods, the manufacturer 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 protection measures in relation to risks that cannot be eliminated,
- inform users of the residual risks due to any shortcomings of the protection measures adopted, indicate whether any particular training is required
and specify any need to provide personal protection equipment.
(c) When designing and constructing machinery, and when drafting the instructions, the manufacturer must envisage not only the normal use of the
machinery but also uses which could reasonably be expected.
The machinery must be designed to prevent abnormal use if such use would engender a risk. In other cases the instructions must draw the user's
attention to ways - which experience has shown might occur - in which the machinery should not be used.

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(d) Under the intended conditions of use, the discomfort, fatigue and psychological stress faced by the operator must be reduced to the minimum
possible taking ergonomic principles into account.
(e) When designing and constructing machinery, the manufacturer must take account of the constraints to which the operator is subject as a result of
the necessary or foreseeable use of personal protection equipment (such as footwear, gloves, etc.).
(f) Machinery must be supplied with all the essential special equipment and accessories to enable it to be adjusted, maintained and used without risk.
1.1.3. Materials and products
1.1.4. Lighting
1.1.5. Design of machinery to facilitate its handling
1.2. Controls
1.2.1. Safety and reliability of control systems
1.2.2. Control devices
1.2.3. Starting
1.2.4. Stopping device
1.2.5. Mode selection
1.2.6. Failure of the power supply
1.2.7. Failure of the control circuit
1.2.8. Software

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1.3. Protection against mechanical hazards

1.3.1. Stability
1.3.2. Risk of break-up during operation
1.3.3. Risks due to falling or ejected objects
1.3.4. Risks due to surfaces, edges or angles
1.3.5. Risks related to combined machinery
1.3.6. Risks relating to variations in the rotational speed of tools
1.3.7. Prevention of risks related to moving parts
1.3.8. Choice of protection against risks related to moving parts

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1.4. Required characteristics of guards and protection devices

1.4.1. General requirements
1.4.2. Special requirements for guards
1.4.2.1. Fixed guards Fixed guards must be securely held in place.
1.4.2.2. Movable guards
1.4.2.3. Adjustable guards restricting access
1.4.3. Special requirements for protection devices

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1.5. Protection against other hazards

1.5.1. Electricity supply
1.5.2. Static electricity
1.5.3. Energy supply other than electricity
1.5.4. Errors of fitting
1.5.5. Extreme temperatures
1.5.6. Fire
1.5.7. Explosion
1.5.8. Noise
1.5.9. Vibration
1.5.10. Radiation
1.5.11. External radiation
1.5.12. Laser equipment
1.5.13. Emissions of dust, gases, etc.
1.5.14. Risk of being trapped in a machine
1.5.15. Risk of slipping, tripping or falling

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1.6. Maintenance
1.6.1. Machinery maintenance
1.6.2. Access to operating position and servicing points
1.6.3. Isolation of energy sources
1.6.4. Operator intervention
1.6.5. Cleaning of internal parts

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1.7. Indicators
1.7.0. Information devices
1.7.1. Warning devices
1.7.2. Warning of residual risks
1.7.3. Marking
1.7.4. Instructions

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

2.1. Agri-foodstuffs machinery
2.2. Portable hand-held and/or hand-guided machinery
2.3. Machinery for working wood and analogous materials
3. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY
OF MACHINERY
3.1. General
3.1.1. Definition
3.1.2. Lighting
3.1.3. Design of machinery to facilitate its handling
3.2. Work stations
3.2.1. Driving position
3.2.2. Seating
3.2.3. Other places

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3.3. Controls
3.3.1. Control devices
3.3.2. Starting/moving
3.3.3. Travelling function
3.3.4. Movement of pedestrian-controlled machinery
3.3.5. Control circuit failure

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3.4. Protection against mechanical hazards

3.4.1. Uncontrolled movements
3.4.2. Risk of break-up during operation
3.4.3. Rollover
3.4.4. Falling objects
3.4.5. Means of access
3.4.6. Towing devices
3.4.7. Transmission of power between self-propelled machinery (or tractor) and recipient machinery
3.4.8. Moving transmission parts
3.5. Protection against other hazards
3.5.1. Batteries
3.5.2. Fire
3.5.3. Emissions of dust, gases, etc.
3.6. Indications
3.6.1. Signs and warning
3.6.2. Marking
3.6.3. Instruction handbook

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4. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO A LIFTING
OPERATION
4.1. General remarks
4.1.1. Definitions
4.1.2. Protection against mechanical hazards
4.1.2.1. Risks due to lack of stability
4.1.2.2. Guide rails and rail tracks
4.1.2.3. Mechanical strength
4.1.2.4. Pulleys, drums, chains or ropes
4.1.2.5. Separate lifting accessories
4.1.2.6. Control of movements
4.1.2.7. Handling of loads
4.1.2.8. Lightning
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4.2. Special requirements for machinery whose power source is other than manual effort
4.2.1. Controls
4.2.1.1. Driving position
4.2.1.2. Seating
4.2.1.3. Control devices
4.2.1.4. Loading control
4.2.2. Installation guided by cables
4.2.3. Risks to exposed persons. Means of access to driving position and intervention points
4.2.4. Fitness for purpose
4.3. Marking
4.3.1. Chains and ropes
4.3.2. Lifting accessories
4.3.3. Machinery

4.4. Instruction handbook

4.4.1. Lifting accessories
4.4.2. Machinery

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5. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR MACHINERY INTENDED FOR UNDERGROUND WORK
Machinery intended for underground work must be designed and constructed to meet the requirements set out below.
5.1. Risks due to lack of stability
Powered roof supports must be so designed and constructed 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 be equipped with anchorages for the top plates of the individual hydraulic props.

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5.2. Movement
Powered roof supports must allow for unhindered movement of exposed persons.
5.3. Lighting
The requirements laid down in the third paragraph of section 1.1.4 do not apply.

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5.4. Control devices

The accelerator and brake controls for the movement of machinery running on rails must be manual. The deadman's control may be foot-operated,
however.
The control devices of powered roof supports must be designed and laid out so that, during displacement operations, operators are sheltered by a
support in place. The control devices must be protected against any accidental release.
5.5. Stopping
Self-propelled machinery running on rails for use in underground work must be equipped with a deadman's control acting on the circuit controlling
the movement of the machinery.
5.6. Fire
The second indent of 3.5.2 is mandatory in respect of machinery which comprises highly flammable parts.
The braking system of machinery meant for use in underground working must be designed and constructed so as not to produce sparks or cause
fires. Machinery with heat engines for use in underground working must be fitted only with internal combustion engines using fuel with a low
vaporizing pressure and which exclude any spark of electrical origin.
5.7. Emissions of dust, gases, etc.
Exhaust gases from internal combustion engines must not be discharged upwards.

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6. ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE LIFTING OR
MOVING OF PERSONS

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ANNEX II
A. Contents of the EC declaration of conformity for machinery (1)
B. Contents of the declaration by the manufacturer or his authorized representatives established in the Community (Article 4(2))
C. Contents of the EC declaration of conformity for safety components placed on the market separately (4)
ANNEX III
CE CONFORMITY MARKING

ANNEX IV
TYPES OF MACHINERY AND SAFETY COMPONENTS FOR WHICH THE PROCEDURE REFERRED TO IN ARTICLE 8(2)(b) AND (c)
MUST BE APPLIED
A. Machinery

12. Machinery for underground working of the following types:

- machinery on rails: locomotives and brake-vans,
- hydraulic-powered roof supports,
- internal combustion engines to be fitted to machinery for underground working.
.
B. Safety components

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ANNEX V
EC DECLARATION OF CONFORMITY
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