The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament (Amendment 2) Recital 5 Whereas work at a height may expose workers to particularly severe risks to their safety and health, and in particular to the risks of falls from a height and of serious occupational accidents; Whereas work at a height may expose workers to particularly severe risks to their safety and health, and in particular to the risks of falls from a height and of serious occupational accidents which are responsible for high rates of injury, in particular fatal injuries ; (Amendment 3) Recital 6 Whereas any employer who intends to have temporary work carried out at a height should select equipment affording adequate protection against the risks of falls from a height; Whereas any employer who intends to have temporary work carried out at a height must select equipment affording adequate protection against the risks of falls from a height; (Amendment 4) Recital 6a (new) Whereas self-employed persons and employers may, where they themselves pursue an occupational activity and personally use work equipment intended for carrying out temporary work at a height, jeopardise employees' health and safety; whereas a solution must therefore be found to cover all persons employed in preparing, performing and completing temporary work at a height; (Amendment 5) Recital 7 Whereas ladders and scaffolding are the equipment most frequently used in performing temporary work at a height and the safety and health of workers engaged in this type of work therefore depend to a significant extent on their correct use; whereas the manner in which such equipment can most safely be used by workers should therefore be specified; Whereas ladders and scaffolding are the equipment most frequently used in performing temporary work at a height and the safety and health of workers engaged in this type of work therefore depend to a significant extent on their correct use; whereas the manner in which such equipment can most safely be used by workers, including scaffolders, must therefore be specified; whereas adequate specific training of the workers is therefore required; (Amendment 1) Recital 7a (new) Whereas the provisions of this Directive are also applicable to work at a depth; (Amendment 6) Recital 8 Whereas this Directive is the most appropriate means of achieving the desired objectives and does not go beyond what is necessary to achieve that purpose; Whereas this Directive is the most appropriate means of achieving the desired objectives and does not go beyond what is necessary to achieve that purpose, although it may be supplemented by training and research initiatives designed effectively to prevent and eliminate risks through the selection and use of equipment which is appropriate to each specific site, following consultation of workers" representatives ; (Amendment 7) Article 2(3)    3. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted or adopt in the field covered by this Directive.    3. Member States shall communicate to the Commission the texts of the provisions of national law which they have already adopted and which must conform to the contents of this Directive, and also the provisions which they adopt in the future in the field covered by this Directive. (Amendment 8) ANNEX Annex II, (4.-1.) (new) (Directive 89/655/EEC )    4. -1. DEFINITIONS    4. -1.1 In this Directive “collective fall protection safeguards” means arrangements for safeguards (for example guard rails, shelters, network, covering) which shall be of suitable configuration and of sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. (Amendment 9) ANNEX Annex II, (4.1.1), first sub-paragraph (Directive 89/655/EEC )    4.1.1. In accordance with Article 6 of Directive 89/391/EEC and Article 3 of this Directive, if temporary work at a height cannot be carried out in complete safety and under acceptable ergonomic conditions from a suitable surface, the work equipment most suitable to ensure an adequate standard of safety throughout the operations shall be selected. The dimensions of the equipment shall be appropriate to the nature of the work to be performed and the foreseeable stresses and influences and shall allow passage without danger.    4.1.1. In accordance with Article 6 of Directive 89/391/EEC and Article 3 of this Directive, if temporary work at a height cannot be carried out in complete safety and under acceptable ergonomic conditions from a suitable surface, the work equipment most suitable to ensure and maintain the highest standard of safety throughout the operations shall be selected. The dimensions of the equipment shall be appropriate to the nature of the work to be performed and the foreseeable stresses and influences and shall allow passage without danger. (Amendment 10) ANNEX Annex II, (4.1.2.) (Directive 89/655/EEC )    4.1.2. Ladders may be used as working places for work at a height only under circumstances in which the use of other, safer work equipment is not justified in view of the short duration of use and low level of risk .    4.1.2. Use of ladders as working places shall be strictly limited to circumstances in which the low level of risk and the short duration of use so allow, subject to assessment of both factors and provided that the use of other, safer work equipment is not possible. (Amendment 11) ANNEX Annex II (4.1.3), 4th indent (Directive 89/655/EEC )    - work shall be carried out by at least two workers; Deleted. (Amendment 12) ANNEX Annex II (4.1.4.) (Directive 89/655/EEC )    4.1.4. Depending on the type of work equipment chosen on the basis of the foregoing requirements, the appropriate precautions to reduce the risks to which it gives rise shall be determined. If necessary, provision shall be made for the installation of collective fall protection safeguards. These shall be of suitable configuration and of sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. They may be interrupted only at points of ladder or stairway access.    4.1.4. Depending on the type of work equipment chosen on the basis of the foregoing requirements, the appropriate precautions to minimise the risks to which it gives rise shall be determined. If necessary, the installation of collective fall protection safeguards shall be approved by the person responsible for the health and safety plan at the site or workplace . These safeguards shall be of suitable configuration and of sufficient strength to prevent or arrest falls from a height and, as far as possible, to preclude injury to workers. They may be interrupted only at points of ladder or stairway access. Ladder or stairway access points shall have a protection device which may be used whilst the ladder or stairway is not in use because of a temporary interruption of work. (Amendment 13) ANNEX Annex II (4.2.1.) (Directive 89/655/EEC )    4.2.1. Ladders shall be so positioned as to ensure their stability during use. Portable ladders shall rest on a stable, strong, immobile and horizontal footing. Suspended ladders, other than rope ladders, shall be fixed in a secure manner to ensure that they cannot be displaced and prevent swinging.    4.2.1. Ladders shall be so positioned as to ensure their stability during use. Portable ladders shall only be erected on footings of suitable strength and measures shall be employed to ensure that they are stable, immobile and on a horizontal footing. Suspended ladders, other than rope ladders, shall be fixed in a secure manner to ensure that they cannot be displaced and prevent swinging. (Amendment 14) ANNEX Annex II, (4.2.2.) (Directive 89/655/EEC )    4.2.2. Before portable ladders are brought into service, their feet shall be prevented from slipping by securing the stiles at or near their upper or lower ends, by any anti-slip device or by any other arrangement of equivalent effectiveness. Ladders in several sections shall be so used as to ensure that the sections are prevented from moving relative to each other. Mobile ladders shall be immobilised before any person steps onto them.    4.2.2. Before portable ladders are brought into service, their feet shall be prevented from slipping by securing the stiles at or near their upper or lower ends, by any anti-slip device or by any other arrangement of equivalent effectiveness. The first consideration should be to make every effort to secure the ladder firmly in place. Ladders used for access should be long enough for their uprights to protrude sufficiently beyond the access platform. Ladders in several sections shall be so used as to ensure that they are secure . (Amendment 15) ANNEX Annex II, (4.2.3.) (Directive 89/655/EEC )    4.2.3. Ladders shall be so used that a secure handhold and secure support are available to workers at all times.    4.2.3. Ladders shall be so used that a secure handhold and secure support are available to workers at all times. If a load has to be carried by hand on a ladder it shall not preclude the maintenance of a safe handhold. (Amendment 16) ANNEX Annex II, (4.3.2.) (Directive 89/655/EEC )    4.3.2. Depending on the complexity of the scaffolding chosen, an assembly, use and dismantling plan shall be drawn up. It may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question.    4.3.2. Depending on the complexity of the scaffolding chosen, an assembly, use and dismantling plan shall be drawn up by a competent, qualified and trained person. It may be in the form of a standard plan, supplemented by items relating to specific details of the scaffolding in question. (Amendment 17) ANNEX Annex II, (4.3.3.) (Directive 89/655/EEC )    4.3.3. The bearing components of a scaffold shall be prevented from slipping, either by attachment to the bearing surface or by provision of an anti-slip device or by any other means of equivalent effectiveness. Mobile scaffolds shall be provided with devices which prevent their accidental movement when ready for use. These devices must be in operation during work at a height .    4.3.3. The bearing components of a scaffold shall be prevented from slipping, either by attachment to the bearing surface or by provision of an anti-slip device or by any other means of proven equivalent effectiveness and the load-bearing surface must have a sufficient capacity. Scaffolding shall be braced against movement. Mobile scaffolds shall be provided with devices which prevent their accidental movement when ready for use. These devices must be in operation before any person steps onto the scaffolds and must also be properly marked. (Amendment 18) ANNEX Annex II, (4.3.4.) (Directive 89/655/EEC )    4.3.4. The dimensions of scaffold decks shall be appropriate to the nature of the work to be performed and shall allow passage without danger. They shall be of a thickness such that they are entirely safe, having regard to the distance between two supports and the loads to be withstood. Scaffold decks shall be so assembled that their components cannot move in normal use . There shall be no dangerous gap between the deck components and the vertical collective safeguards.    4.3.4. The dimensions of scaffold decks shall be appropriate to the nature of the work to be performed and to the load-bearing surfaces and shall allow passage without danger. They shall be of a thickness such that they are entirely safe, having regard to the distance between two supports and the loads to be withstood. The planks forming the scaffold deck shall be secured against movement and properly attached to each other so that the deck components cannot accidentally move. There shall be no dangerous gap between the deck components and the vertical collective fall protection safeguards. (Amendment 19) ANNEX Annex II, (4.3.6.) (Directive 89/655/EEC )    4.3.6. Scaffolding shall be assembled, dismantled or significantly altered only under the supervision of a competent person and only by workers who are trained in this type of work. Such training shall include interpretation of the assembly and dismantling plan, safety during assembly, dismantling or alteration of the scaffolding concerned , prevention of the risk of persons or objects falling, changing weather conditions, load factors and any other risks which the operations may entail. During the work, the person in charge and the workers concerned shall have available the assembly and dismantling plan mentioned in the present Annex (4.3.2.).    4.3.6. Scaffolding shall be assembled, altered (if the alteration entails a risk that anyone on the scaffolding may fall) or dismantled only under the supervision of a competent person and only by workers who are trained in this type of work. For training to be adequate, it shall include understanding of the assembly and dismantling plan, safety during assembly, dismantling or alteration of the scaffolding, prevention of the risk of persons or objects falling, changing weather conditions, load factors and any other risks which the operations may entail. Training may take place on a specialised course or in any other way which provides workers with an equivalent recognised level of competence. During the work, the person in charge and the workers concerned shall have available the assembly and dismantling plan mentioned in the present Annex (4.3.2.), as well as the instructions for assembly, use and dismantling. (Amendment 20) ANNEX Annex II, (4.3.7.), 2nd and 3rd subparagraphs (new), (Directive 89/655/EEC ) The task may not be performed until such measures have been taken. Once work on that particular task is finished (either for good or on a temporary basis) the collective fall protection safeguard shall be put back in place. (Amendment 21) ANNEX Annex, (4.3.7. a) (new) (Directive 89/655/EEC )    4.3.7. a An employer who intends to assemble or alter a scaffold shall ensure provision of warning signs during use of the scaffolding. The signs will explain the field of application for the scaffold, the maximum load, date of assembling and alterations, name of the employer and the competent person having inspected the scaffold in accordance with Annex IV, Part B, Section II, point 6.3 of Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites.1 1 OJ L 245, 26.8.1992, p.6.

(1) OJ C 247 E, 31.8.1999, p. 23

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(1998) 678 (1) ),

-  having regard to Article 251(2) of the EC Treaty and Article 137 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0707/1998 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Employment and Social Affairs (A5-0222/2000 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

(1) OJ C 247 E, 31.8.1999, p. 23