European legislation on maintenance

Since 1989, a number of European directives have been adopted, laying down a general framework of minimum requirements for the protection of workers at the workplace.

These directives also apply to maintenance activities, first and foremost the framework directive, including the obligation for the employers to carry out a risk assessment at work.

Council Directive 89/391 - "Framework Directive" about the general principles concerning the prevention and protection of workers against occupational accidents and diseases

It contains the general principles of prevention, lays down employers’ obligations concerning the assessment of risks, the elimination of risks and accident factors, the informing, consultation and balanced participation and training of workers and their representatives.

The European Commission produced a Guidance on risk assessment at work to help employers and employees to implement the risk assessment requirements of the Framework Directive 89/391/EEC. In this guide, maintenance workers were identified as “workers who may be at increased risk”. The guide also points out the need to conduct a separate risk assessment for maintenance activities.

On the basis of the "Framework directive" a series of individual directives were adopted, all relevant for carrying out maintenance in a safe way and many of them include specific provisions regarding maintenance activities and requirements for maintenance to eliminate workplace hazards.

Council Directive 89/654/EEC

concerning the minimum safety and health requirements for the workplace includes among others the requirement for the employers to ensure that

• traffic routes to emergency exits and the exits themselves are kept clear at all times
• technical maintenance of the workplace and of the equipment and devices is carried out and any faults found which are liable to affect the safety and health of workers are rectified as quickly as possible
• safety equipment and devices intended to prevent or eliminate hazards are regularly maintained and checked

Council Directive 89/655/EEC

concerning the minimum safety and health requirements for the use of work equipment by workers at work, whereas use of work equipment comprises maintenance and servicing, including, in particular, cleaning stipulates that

• the employer shall take the measures necessary to ensure that, throughout its working life, work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of paragraph 1 (a) or (b) as applicable.
• the employer shall ensure that work equipment exposed to conditions causing deterioration which can result in dangerous situations is subject to:

- periodic inspections and special inspections to ensure that health and safety conditions are maintained and that the deterioration can be detected and remedied in good time

• when the use of work equipment is likely to involve a specific risk to the safety or health of workers, the employer shall ensure that:

- the use of work equipment is restricted to those persons given the task of using it;
- in the case of repairs, modifications, maintenance or servicing, the workers concerned are specifically designated to carry out such work.

It also contains minimum requirement for control and protection devices and provisions concerning maintenance:

• it must be possible to carry out maintenance operations when the equipment is shut down. If this is not possible, it must be possible to take appropriate protection measures for the carrying out of such operations or for such operations to be carried out outside the danger zones
• if any machine has a maintenance log, it must be kept up to date
• workers must have safe means of access to, and be able to remain safely in, all the areas necessary for production, adjustment and maintenance operations.

In addition, it contains provisions regarding the use of work equipment provided for temporary work at a height, e.g. specific provisions regarding the use of ladders, scaffolding.

Council Directive 89/656/EEC

on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace stipulates that personal protective equipment shall be provided free of charge by the employer, who shall ensure its good working order and satisfactory hygienic condition by means of the necessary maintenance, repair and replacements.

ANNEX III to the directive provides a non-exhaustive guide list of activities and sectors of activity which may require the provision of personal protective equipment.

Council Directive 92/91/EEC

concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling

Contains among others minimum requirements applicable to the on-shore and off-shore sectors including provisions on maintenance.

Council Directive 92/104/EEC

on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries

The employer shall take the necessary measures to ensure that:

• workplaces are designed, constructed, equipped, commissioned, operated and maintained in such a way that workers can perform the work assigned to them without endangering their safety and/or health and/or those of other workers;
• work involving a special risk is entrusted only to competent staff and carried out in accordance with the instructions given.

Council Directive 93/103/EC

concerning the minimum safety and health requirements for work on board fishing vessels stipulates that Member States must take necessary measures to ensure that owners:

• ensure that vessels and their fittings and equipment are technically maintained and that defects found are rectified as quickly as possible

Council Directive 98/24/EC

on the protection of the health and safety of workers from the risks related to chemical agents at work stipulates that maintenance, which is associated with a potential for significant exposure or may result in deleterious effects to safety and health for other reasons, shall be included in the risk assessment. It also stipulates that risks to the health and safety of workers at work involving hazardous chemical agents shall be eliminated or reduced to a minimum by:

• the design and organisation of systems of work at the workplace,
• the provision of suitable equipment for work with chemical agents and maintenance procedures which ensure the health and safety of workers at work, etc.

Directive 2006/42/EC

on machinery, and amending Directive 95/16/EC states in its preamble that the social cost of the large number of accidents caused directly by the use of machinery can be reduced by inherently safe design and construction of machinery and by proper installation and maintenance.

ANNEX I on Essential health and safety requirements relating to the design and construction of machinery includes the principles of safety integration, requirements for control systems, and specific provisions regarding machinery maintenance, as well as requirements for information, warnings and instructions.

A number of individual Directives have been enacted controlling the exposure of workers to potentially damaging physical agents in the workplace such as vibration, noise, electromagnetic fields, optical radiation and ionizing radiation. These directives include a provision aimed at avoiding or reducing exposure among others by means of appropriate maintenance programmes for work equipment, the workplace and workplace system

• Directive 2002/44/EC of the European Parliament and the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration)
  
  
• Directive 2003/10/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)
• Directive 2006/25/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of the workers to risks arising from physical agents (artificial optical radiation)
• Directive 2004/40/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of the workers to risks arising from electromagnetic fields and waves

Other relevant directives

• Council Directive 92/58/EEC on the minimum requirements for the provision of safety and/or health signs at work
• Directive 1999/92/EC of the European Parliament and of the Council on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres
• Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work (second individual Directive within the meaning of Article 8 of Directive 80/1107/EEC) as amended by Council Directive 91/382/EEC, Council Directive 98/24/EC, Directive 2003/18/EC and Directive 2007/30/EC
• Directive 2005/54/EC on the protection of workers from risks related to exposure to biological agents at work
• Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites
• Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

More information on the European legislation section