Pre-Directive Machinery: what should companies do?

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Many companies, especially in the manufacturing sectors, still use pre-directive machines, built before the Machinery Directive (89/392/EEC) came into force. But what does it mean to have this equipment in operation today? And, above all, what should be done to ensure safety and avoid penalties?

pre-directive machines

Pre-directive machines, i.e. machines built before 1996 (the year in which Directive 89/392/EEC was implemented in Italy) are not subject to the CE marking requirement. However, this does not mean that they can be used without any adaptation.

In any case, they must comply with the minimum safety requirements established by Title III of Legislative Decree 81/2008 and in particular with the safety requirements established by Annex V of Legislative Decree 81/2008. Essentially, for machines built before 1996, it is necessary to assess their conformity with current safety requirements, which may include:

Documentation: draw up a declaration of conformity or a certified report attesting to the safety of the machine.

  • documentation: drafting a declaration of conformity attesting to the safety of the machine,
  • safety check: verification that the machine is suitable for use and does not present significant risks for operators,
  • technical adaptation: if necessary, make changes to improve safety, such as installing additional protections or safety devices,
  • other measures such as training activities for relevant personnel and operating procedures.

Furthermore, all equipment and machinery must be regularly maintained and used in accordance with the instructions and all relevant documentation.

Be used in accordance with the instructions

Risks for companies

In addition to the real risk to workers, the use of non-compliant pre-directive machinery can lead to sanctions. The recent joint note of the National Labor Inspectorate (INL) and the Conference of Regions (March 2025) clarifies that sanctions also apply to pre-directive machinery if equivalent safety measures are not adopted.

Examples of punishable irregularities are the lack of fixed or movable protections, non-functioning or absent arrest systems, the absence of updated manuals or operating instructions.

Common mistakes to avoid

Often in good faith, mistakes can be made that expose one to risks and sanctions, such as considering a machine “compliant” just because it has always been used. The length of use does not guarantee compliance: conditions change, standards evolve, risks can increase.

A generic risk assessment that does not analyze the specific dangers of individual machines is another mistake. Sometimes guards interfere with productivity and for this reason they are removed. The removal and in general the absence of guards is a major cause of accidents and fines.

Operators who use a machine must know its limitations, proper use, and safety measures. Inadequate operator training poses a risk to both the individual operator and the company.

How to intervene?

The first step to start with is often overlooked but fundamental: make a complete census of the machines present in the company, noting the essential information such as identification plates, model and condition. From this census you will have a detailed picture to determine:

  • what are the pre-directive machines,
  • which machines are CE compliant,
  • which machines require urgent intervention.

The infographic above represents an operational checklist useful for RSPP and Employers:

🔍 Verifica dello stato delle macchine

  • Anno di costruzione.
  • Presenza o meno della marcatura CE.
  • Presenza del manuale d’uso originario.

📄 Valutazione dei rischi specifica

  • Redazione o aggiornamento della valutazione dei rischi per ogni macchina.
  • Identificazione delle misure di compensazione (es. barriere fisiche, segnali di avviso).

🛠️ Adeguamenti tecnici

  • Installazione di protezioni su organi in movimento.
  • Inserimento pulsanti di emergenza.
  • Adeguamento dei comandi secondo criteri di sicurezza.

📚 Formazione degli operatori

  • Informare e formare il personale sull’utilizzo corretto e sui limiti della macchina.
  • Redazione di procedure operative scritte.

Circolare INL n. 2668 del 18 marzo 2025

Il 18 marzo 2025 l’Ispettorato Nazionale del Lavoro (INL) insieme alla Conferenza delle Regioni e delle Province Autonome ha pubblicato la Circolare o Nota n. 2668 per fornire alcuni chiarimenti operativi e interpretativi sull’applicazione del Testo Unico sulla Sicurezza sul Lavoro, il D.Lgs. 81/2008. La nota si concentra in particolare su due temi principali: l’applicazione delle sanzioni per violazioni riconducibili a categorie omogenee e la conformità delle macchine prodotte prima della Direttiva Macchine (89/392/CEE).

Sanzioni per categorie omogenee

La violazione di più precetti appartenenti alla stessa categoria omogenea (ad esempio, requisiti di sicurezza relativi ai luoghi di lavoro di cui all’Allegato IV del D.Lgs. 81/2008) costituisce una violazione unica, punita con una sola sanzione. Al contrario, la violazione di precetti appartenenti a categorie diverse comporta l’applicazione di più sanzioni.

Conformità delle macchine ante Direttiva Macchine

Per le macchine prodotte e utilizzate prima del 21 settembre 1996, la nota specifica che il datore di lavoro deve garantire la conformità ai requisiti generali di sicurezza di cui all’Allegato V del D.Lgs. 81/2008. Non è previsto l’obbligo di un’attestazione di conformità firmata da un tecnico abilitato, ma durante le ispezioni si verifica la corretta valutazione dei rischi e la conformità ai requisiti di sicurezza.

Platforms elevatable: new ministerial directives

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The Ministry of Labour has issued a circular, No. 7 of 12 September 2024, on safety issues related to the use of elevating work platforms (AWPs).

piatforms-elevatable

The circular takes into account data collected over the last decade, from which a worrying picture emerges: in fact, it appears that it is not the older machines that cause the most concern, but many of the most serious accidents have occurred on rather recent platforms.

The survey and the critical issues that emerged

The analysis focused on accidents that occurred in the last decade and revealed that structural failures are the main cause of these accidents. These are not simple malfunctions, but real collapses of crucial parts of the structure. These events not only put the lives of operators at risk, but also raise fundamental questions about the inherent safety of these machines, even when they are relatively new.

The investigation basically revealed critical issues such as structural failures in machines with less than 10 years of service and other problems such as fatigue phenomena, buckling and non-compliant welds.

What to do

In order to improve security, attention is drawn to the importance of the following aspects:

  • complete documentation: preservation of all documents relating to the machine (certificates, manufacturer’s instructions and verification reports),
  • control register: Mandatory implementation of a detailed register to document all control and maintenance activities,
  • critical attention areas: identification of areas most prone to structural failure, including joint areas, telescopic arms and stabilisers,
  • responsibilities of the actors involved:
    • manufacturers: to ensure safety standards in accordance with harmonised standards,
    • users: to ensure strict adherence to the manufacturer’s instructions,
    • verification bodies: to assess the state of preservation of the machine,
    • supervisory bodies: to verify that periodic inspections are carried out and that they are properly maintained.

This implies on the one hand an increase in maintenance and inspection costs, but on the other hand the potential reduction of accidents and associated costs in the long run. Furthermore, the training needs for operators and technicians must be reconsidered.

This is what the circular tells us, but as far as how to improve the safety of AWPs is concerned, the solutions can be varied. One can think about integrating IoT (Internet of Things) into platforms with early warning systems for potential failures and sensors for monitoring structural stress. In addition, interactive maintenance guides and virtual training guides with risk simulations can be realised.

In addition to this, autonomous and semi-autonomous AWPs can be upgraded with GPS, proximity and obstacle sensors and software to allow autonomous or semi-autonomous navigation around the site by optimising routes. but safe by detecting obstacles. Communication of these types of platforms should be in real time with a central site safety management system.

Conclusion

The Ministry has announced a forthcoming publication of a technical guidance document, which will provide further details on prevention and control procedures. This document will be crucial for the effective implementation of the new security measures.

The Transition 5.0 Plan: between sustainability and innovation

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Transition 5.0 is an Italian government initiative introduced to promote digital transformation and business sustainability. This plan is financed through funds from the National Recovery and Resilience Plan (PNRR) and the RepowerEU program, with a budget of more than 6 billion euros.

The Transition 5.0 Plan aims to support companies in their evolution toward more sustainable and digitized production models, emphasizing environmental sustainability and increased energy efficiency on the one hand, and through the adoption of advanced technologies, including robotics, artificial intelligence, Internet of Things, 3D printing and cloud computing, on the other.

These goals are reflected in incentives for the adoption of innovative technologies, energy efficiency improvements and the integration of renewable energy sources.

Incentives and tax credits

The plan offers tax credits for expenses incurred by businesses in new investments between Jan. 1, 2024, and Dec. 31, 2025. The incentives are available for:

  • tangible and intangible capital goods (Art. 6 Decree No. 19 of July 24, 2024): facilities for investment in assets (machinery, robots, equipment and software, including those for monitoring energy consumption) related to production management systems .
  • Energy consumption reduction tax credits (Art. 10 Decree No. 19 of July 24, 2024): this is an incentive for investments aimed at reducing energy consumption by at least 3 percent for the production structure or 5 percent for the production processes involved.
  • Tax credits for self-generation and self-consumption from renewable sources (Art. 7 Decree No. 19 of July 24, 2024): includes energy storage facilities.
  • training: the Plan (Art. 8 Decree No. 19 of July 24, 2024) provides for facilitations within the limit of 10 percent of total investments for personnel training, up to a maximum of 300,000 euros. Specifically, expenses for training activities provided by parties outside the company are eligible for relief. The training must have a minimum duration of 12 hours with a final verification and relevant certificate.

Tax credit rates vary according to the level of energy savings achieved, and companies must meet specific certification requirements to access the incentives. Tax credits can be combined with other benefits within the various limits specified by the Decrees.

Beneficiaries

The beneficiaries of the Transition 5.0 Plan, according to the decree, are all Italian Resident Enterprises with registered or operational headquarters in Italy, regardless of their legal form, economic sector, size or tax regime, as well as Stable Organizations of Non-Resident.

Decree No. 19 of July 24, 2024, clearly excludes companies in a state of voluntary liquidation, bankruptcy, compulsory liquidation, arrangement with creditors without business continuity or subject to other bankruptcy procedures. Also excluded are companies that are the recipients of prohibitory sanctions under Legislative Decree No. 231 of June 8, 2001, or that do not comply with workplace safety regulations or are in default of their contribution obligations.

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Project Requirements

Projects have two main requirements.

  • Projects were started after 1 January 2024 and completed by 31 December 2025.
  • The investments must relate to new tangible and intangible assets that are instrumental to business operations and lead to a reduction in energy consumption of at least 3% for the production structure or 5% for the production processes concerned.

Conclusion

Transition 5.0 aims at balancing digital innovation and ecological sustainability, putting them in close connection. Certainly, the sectors that can benefit from the Plan are manufacturing and logistics, which can improve and enhance what has already been implemented.