The proposed Physical Agents (Vibration) Directive, which addresses risks due to vibration in workplaces, has recently received a sharp boost by the French Presidency. Revisions to the text were considered at meetings earlier in the year culminating in a meeting of Member States permanent representatives (COREPER) at the end of November. The FMCEC was able to respond quickly to the HSE and the DTI regarding last minute proposals to amend the Whole Body Vibration Exposure Limit Values (ELV) and the transitional period applicable to both new and existing equipment.

The Council of Ministers met in Brussels on 27-28 November to discuss and agree the final text. At time of writing, negotiations were deadlocked with Germany, Austria, Denmark and Italy insisting on a strict ELV of 0.8 m/s² and UK, Spain, Finland, Portugal and Sweden insisting on no less than 1.2. The UK Group also insisted on a six year transitional period from implementation (probably end 2004) for existing equipment and a three year transitional period for new equipment. The likely compromise to be reached at the Social Affairs Council was an ELV of 1.5 m/s² plus the preferred transitional period.

The FMCEC has reaffirmed its view to the HSE that imposing limit levels for Whole Body Vibration is not appropriate until medical links are established. We are also concerned that by introducing a significantly shorter transitional period for new equipment, operators will be encouraged to use their existing machines and turn a blind eye to vibration levels for a further three years (2007-2010). The implications for the sale of new equipment are obvious and there would be no environmental benefits from the severe noise and exhaust emission limits introduced for new equipment which were supported by the fifteen Member States in the European Commission.

The HSE wants manufacturers and suppliers of excavators, loaders and dumpers to fit devices, in excess of the Machinery Directive and CEN standard requirements, to enhance operator visibility. This could include the use of additional mirrors and CCTV. Political pressure to reduce the current level of workplace fatalities is leading the HSE to require speedy progress on the issue to avert the need for enforcement action.

The HSE has visited several UK manufacturers with a view to developing criteria for visibility. FMCEC representatives met with the HSE during October to discuss their proposal for an assessment method and the way forward. However, there were no detailed accident statistics available and the FMCEC believed it could be counter-productive to embark on a solution without an understanding of the root cause of the problem.

The preferred process of evaluation should be to understand the problem, to set a target, to evaluate the available technologies, including machine design and devices, to test and prove that these would bring improvement and finally, introduce the solution when improvement had been demonstrated. FMCEC members were happy to support a working party to look at the issues involved and feed into any process. The working party should include users and contractors who manage sites as well as manufacturers.

STAGE III OFF-HIGHWAY EXHAUST EMISSIONS TO BE PRESENTED

A joint engine/equipment manufacturers task force has prepared a proposal for Stage III off- highway engine emission levels that would amend Directive 97/68/EC. Euromot are leading for engine manufacturers and CECE for construction equipment manufacturers. The engine side is keen to promote the use of on-highway engine technology to off-highway use. There is also a general desire to tie European emissions legislation to be the same as in the USA. A presentation of the proposals was given to the Commission and Member States on 14 December.

The proposals will set major re-design problems for equipment manufacturers because off-highway environments are very different to on-highway and the smaller the engine the greater the problems. In particular, the need for increased cooling and the high dust and vibration levels limit the transfer of on-highway technology. Also, the noise Directive imposes design constraints on European manufacturers which are absent in the USA. The equipment side therefore requires account to be taken of these difficulties and for the Stage II levels, coming into action between 2001 and 2004, to be allowed to settle down before new levels are agreed.

PREPARING FOR THE NOISE DIRECTIVE

Preparation for the entry into force of the noise Directive (2000/14/EC) continues. In the UK, DTI draft regulations are expected to be available for public consultation before the end of the year. The FMCEC has discussed some initial queries with the DTI. In Europe, queries have been put to Orgalime’s task force and industry views are represented at the Commission’s working group, WG7, which is preparing guidance material.