Occupational Health and Safety Requirements for Use of Work Equipment1
Government of the Republic Regulation of
11 January 2000
24 January 2000.
Regulation is established on the basis of subsection 5 (4) of the Occupational
Health and Safety Act
Obligations of employers and workers
The employer shall take the measures necessary to ensure that the
work equipment made available to workers is suitable for the work to be carried
out and that it is kept, by means of adequate maintenance, at a level which
ensures the safe use of the equipment throughout its working life.
Where it is not possible fully to ensure safety, appropriate
measures shall be taken to minimise the risks.
It is prohibited to alter the construction or methods
of use of work equipment if, as a result of such changes, the safety of the
equipment would be reduced in comparison to the safety provided by the
In selecting the work equipment which the employer
proposes to make available to workers, the employer shall pay attention to the
specific nature of the work, the working conditions which exist at the workplace
and the physical and mental ability of the person using the work equipment
The employer shall make sure that work equipment is
used for in the intended manner and that the working movements and postures of
operators at work correspond to ergonomic principles.
Workers are required to inform the employer of any
malfunction of work equipment or any shortcoming related thereto which becomes
evident while using the equipment.
The employer shall take the measures necessary to ensure that
operators given the task of using work equipment receive adequate training,
including training on any risks which such use may entail.
Training on risks shall include:
information on the risk of accidents and on dangerous
situations which are expected or are likely to arise when using work equipment,
and the conclusions to be drawn from experience of using work equipment;
measures to be taken to ensure the safety of the
operator and other persons who have access to the working environment;
information on dangerous work equipment at or close
to the work station;
information on changes in the working environment
which may increase the risk engendered by the work equipment used by or close to
instructions on how to act in the event of the risk
of an accident.
The employer shall prepare and approve, in written
form, safety instructions for work equipment to be used, in particular observing
any instructions which may have been furnished by the manufacturer.
The employer shall organise special training and,
where necessary, periodic in-service training for operators of pressure
equipment, equipment for lifting loads, mobile work equipment and other
dangerous work equipment.
Instruction or training shall be repeated if the work equipment is
changed or upgraded.
Information concerning the instruction and
training provided for workers shall be registered.
The employer shall discuss the measures envisaged to
comply with these requirements with the workers and working environment
representatives and shall consider their proposals to prevent or reduce the
risks which may arise during the use of work equipment.
Requirements for Work Equipment
Work equipment shall be capable of withstanding the
stresses to which it is subjected if used for its intended purpose.
The parts of work equipment and any platforms, stairs
and other areas where the operator is liable to move about or stand while at
work shall be fitted with barriers to ensure safety and shall not pose a risk of
slipping, tripping or falling.
In order to prevent the risk of the operator being
involuntarily enclosed within work equipment, the following requirements shall
work equipment shall be fitted with a signalling
device for summoning help;
if the equipment is fitted with a door or trap-door,
it shall be possible to open the latch on the door from the inside without
having to use any additional equipment;
any other necessary measures to prevent such risk
shall be taken.
Operating, control and warning devices
Operating, control and warning devices on work
equipment shall be clearly visible and correspondingly marked and their
functions shall be unambiguous and easily understood.
As a general rule, the operating device of work equipment shall be
located outside the danger zone.
The use of the operating device, both intentional and
unintentional, shall not cause any additional hazard.
Before starting up work equipment, the operator shall ensure that
there are no exposed persons in the danger zones.
If this is
impossible, the automatic warning device must give a warning signal whenever the
equipment is about to start.
The dwell time preceding start-up shall be sufficient
to allow the workers to leave the danger zone or to make use of the protective
devices envisaged to prevent the risks which may arise upon the start-up or
stoppage of the work equipment.
It shall not be possible for work equipment to be started or stopped
or its mode of operation changed inadvertently.
This shall be
possible only by deliberate action on a control provided for the purpose.
This requirement does not apply to the normal operating cycle of
an automatic device.
All work equipment shall be fitted with a control to stop it
completely and safely.
The equipment's stop control shall have
priority over the start controls to avoid errors and to prevent the work
equipment from being started up by accident.
The operator’s permanent work station shall be fitted with a
reliable emergency stop device located in a freely accessible place to stop some
or all of the work equipment so that the equipment is in a safe state.
When the work equipment or a part thereof has stopped, its energy
supply shall be switched off.
Where work equipment is operated by two or more operators at the
same time, the operating devices shall have an automatic locking function to
ensure the correct sequence of operating commands.
The work stations of operators who are located out of visual or
hearing range of each other shall be equipped with emergency stop devices and,
where necessary, with means of communication or signalling devices.
The operating system of work equipment shall be safe for use.
Any breakdown of or damage to the operating system shall not
result in danger.
Where necessary, work equipment shall be fitted with
a device which automatically stops the equipment and cuts off the power supply.
Where work equipment has been fitted with a warning
device to warn the operator of dangerous breakdowns or safety risks, the
acoustic or light signal given by the device shall be easily understandable and
clearly audible or visible by the operator and shall be distinguishable from
background noise and other sources of light.
Work equipment shall be fitted with protective guards or devices
restricting access to hazard zones which prevent dangerous contact with the
moving parts of the work equipment.
Where work equipment is likely to present a significant source of
danger, the guard shall be equipped with a locking device which halts the
movements of dangerous parts when the guard is removed before the operator
reaches the danger zone.
Work equipment presenting risk due to projections of
parts liable to rupture or disintegration, preforms being processed, processing
waste or cutting tools or due to falling objects shall be fitted with protective
guards where necessary.
Projecting parts of work equipment which might
present a risk to the workers and are not surrounded by a protective guard shall
be marked with alternating yellow and black or red and white stripes.
A protective guard or device shall:
be able to withstand the stresses to which it is
subject without breaking or becoming deformed;
be situated at sufficient distance from the danger
zone in order to prevent the workers from unintentionally entering the danger
allow operations necessary to fit or replace parts of
the work equipment and for maintenance of the equipment;
not restrict any more than is necessary the view of
the operating zone of the work equipment.
A protective guard or device shall not:
give rise to any additional hazard;
be easily removed or rendered inoperative;
become unusable easily.
A protective guard shall, if possible, allow
operations necessary for adjustment, maintenance and repair work to be performed
on the work equipment without removal of the guard.
Where necessary, work equipment shall be fitted with
an emergency braking device to prevent the risks arising from the possible
inertial reaction of the moving parts of the equipment.
The operator is prohibited from disconnecting,
altering or removing the safety devices of work equipment without proper
Work equipment in need of protection against the
effects of lightning shall be fitted with a system for conducting the resultant
electrical charges to earth.
Work equipment shall be fitted with a protective
device to prevent operators coming into contact with or coming too close to
parts of the equipment or a product being processed the temperature of which is
dangerously high or low.
Work equipment shall be fitted with protective
devices for protecting operators against the risk of the work equipment
overheating or catching fire, and against the risk generated by discharges of
gas, liquid or vapour, unless such risks are entirely prevented by other means.
The lighting at the workplace and maintenance stations shall be
sufficient for the operation or maintenance of work equipment.
Localised lighting fittings shall be installed where it is not
practical or possible to achieve the required intensity of light by way of
The type of lighting fittings and the manner of their
installation shall suit the conditions of the working environment and shall not
pose a danger to the workers.
Risks caused by energy
The operator shall be protected from the risk of electric shock
caused by direct or indirect contact with work equipment.
Protection shall be guaranteed by:
isolating the parts which conduct electricity,
surrounding such parts with protective guards or taking measures to ensure that
the operator is prevented from coming into contact with such parts;
installing a circuit breaker or a device for
conducting electrical charges to earth;
installing a discharging device or conducting
electrostatic charges to earth.
The risks arising from energy generated from gas,
steam, liquid, compressed air or other sources of power which may arise while
work equipment is in operation shall be minimised.
The risk of an explosion of substances produced or used while work
equipment is in operation shall be precluded.
For that purpose, the following shall be prevented:
dangerous concentrations of substances in the air
which may lead to an explosion;
ignition of dust and gas.
Work equipment with an energy supply shall have easily recognisable
and accessible devices for cutting off all types of power and for discharging
residual energy which may accumulate within the equipment.
Additional devices for cutting off energy supply need not be
installed on work equipment which is connected to the power network by way of a
Disconnection or reconnection of the energy supply or
any changes in its intensity shall not result in danger.
Use of work equipment
Work equipment shall be used only for the performance of such work
and under such conditions for which the equipment is prescribed.
Where work equipment is used under conditions different to those
prescribed, the employer shall take additional safety measures.
The position and manner of installation of work
equipment, the distances between its moving and immovable parts, its energy
supply and the manner in which substances or preforms being processed are fed
into the equipment, handled and removed from the equipment shall be such as to
ensure the safety of the operator and other persons.
Necessary measures shall the taken to ensure that all
areas related to the use of work equipment which the operators need to access
and where they are liable to move about or stand for the performance of
production, adjustment or maintenance work are risk-free and safely accessible.
If the construction of work equipment does not
provide sufficient stability to ensure the safety of the operator, other persons
or property, the equipment shall be firmly attached to the surface it is
standing on by clamping or some other means.
Where incorrect assembly of the parts of work equipment or the
incorrect connection of pipes conducting gas, liquids or steam or electric
cables may result in danger, written instructions for the correct assembly or
connection thereof shall be affixed to the equipment at the appropriate place
and, where necessary, the direction of the movement of such parts or substances
shall be set out separately.
The relevant information must also be provided
in the safety instructions accompanying the equipment.
The operator shall be provided with tools and
measuring instruments necessary in the work process and for adjustment,
maintenance and repair operations on work equipment.
It shall be possible to carry out maintenance operations on work
equipment when the equipment is shut down.
If work equipment
cannot be shut down, all appropriate protective measures shall be taken and
devices used to ensure the safe conduct of such operations, preferably outside
the danger zones.
If any work equipment has a maintenance log, it shall be kept up
to date by entering all the prescribed information on the performed operations
in the log.
During breaks when work equipment or its dangerous
parts have been stopped, the energy supply shall, as a general rule, be switched
Where the use of work equipment is liable to pose a
hazard to the operator or harm his or her health, the employer shall take the
measures necessary to ensure that such equipment is used, maintained, repaired,
adjusted and cleaned only by workers whose duties include such operations and
who have received corresponding training.
The employer shall ensure that the requirements set
out in the instructions supplied by the manufacturer are complied with in the
use, maintenance and adjustment of work equipment.
Inspection of work equipment
When work equipment has been installed or assembled
at a work station and before it is put into service, the employer shall ensure
that the equipment has been installed correctly and is operating properly.
Periodic inspections or testing of work equipment
shall be carried out in compliance with the requirements supplied by the
manufacturer or established by legislation.
Special inspections or testing of work equipment
shall be carried out after accidents, occupational accidents or natural
phenomena involving the equipment and after prolonged periods of inactivity or
reconstruction of the equipment.
The inspection specified in subsections (1)-(3) of
this section shall be carried out by competent persons in compliance with the
requirements established by legislation.
The results of the inspection and testing of
equipment shall be recorded and preserved as follows:
the results of inspections or testing of work
equipment carried out when the equipment is put into service, the results of
special inspections or testing and the decisions made on the basis thereof shall
be preserved until the end of the working life of the equipment;
the results of the previous periodic inspection or
testing shall be preserved for at least three months after the subsequent
periodic inspection or testing and the recording of the results thereof.
If so required by an official conducting state
supervision, the results of inspections or testing of work equipment shall be
presented to the official.
Additional Requirements for Specific Types of Work Equipment
Mobile work equipment
Work equipment with ride-on workers (a driver, or a
driver and other workers carried) shall be fitted out with protective devices to
ensure safety during the journey, including devices to prevent accidental
contact with, trapping by or falling under the wheels or tracks.
Where an inadvertent seizure of the drive unit between an item of
mobile work equipment and its accessories or anything towed might create a
specific risk, such work equipment shall be equipped or adapted to prevent
blockages of the drive units.
Where such seizure cannot be avoided, every
possible measure shall be taken to ensure the safety of workers.
Where the drive units of mobile work equipment can
become soiled or damaged by coming into contact with the ground, facilities
shall be available for fixing them.
Mobile work equipment with ride-on workers shall be
designed to prevent, under actual conditions of use, the risks arising from work
by a protection structure to ensure that the
equipment does not tilt by more than a quarter turn;
by a structure giving sufficient clearance around the
ride-on workers in the event the equipment overturns;
by a structure safely restraining the ride-on workers
on the seat;
by some other device of equivalent effect;
the protection structures specified in clauses 1)-4) of this
subsection may constitute an integral part of the work equipment.
These protection structures are not required when the work
equipment is stabilised during operation or where the design makes roll-over
Fork-lift trucks shall be adapted or equipped to ensure the safety
of the workers carried if the fork-lift truck overturns.
This means the following:
a guard surrounding the driving seat or another
protective structure restraining the workers on the driving seat in the event
the fork-lift truck overturns so as to prevent them from being crushed inside
the cabin or between the fork-lift truck and the ground;
a structure ensuring that, if the fork-lift truck
overturns, sufficient clearance remains between the ground and certain parts of
the fork-lift truck for the workers carried.
Self-propelled work equipment which may, in motion,
engender risks for workers shall fulfil the following conditions:
the equipment shall have facilities for preventing
it shall have appropriate facilities for minimising
the consequences of a collision where there is more than one item of
track-mounted work equipment in motion at the same time;
there shall be a device for braking and stopping
equipment, and, where safety constraints so require, emergency facilities
operated by readily accessible controls or automatic systems shall be available
for braking and stopping equipment in the event of failure of the main facility;
where the driver's direct field of vision is
inadequate to ensure safety, adequate auxiliary devices shall be installed to
work equipment designed for use at night shall be
equipped with lighting appropriate to the work to be carried out, and with side
work equipment which constitutes a fire hazard,
either on its own or in respect of whatever it is towing and/or carrying shall
be equipped with appropriate fire-fighting appliances where such appliances are
not available sufficiently nearby at the place of use;
remote-controlled work equipment shall have an
automatic device to stop the equipment once it leaves the control range;
remote-controlled work equipment which may in normal
conditions engender a crushing or impact hazard to workers shall have facilities
to guard against this risk, unless other appropriate devices are present to
control the impact risk.
Use of mobile work equipment
Mobile work equipment shall be driven only by workers
who have been appropriately trained in the operation of such equipment and who
hold a document certifying their right to drive.
If work equipment is moving around in a work area,
the appropriate traffic safety requirements shall be followed.
Organisational measures shall be taken to prevent workers on foot
and other persons coming within the area of operation of mobile work equipment.
If work can be done properly only if workers on foot are present,
appropriate measures shall be taken to prevent them from being injured by the
The transport of workers on mechanically driven work equipment is
authorised only where safe facilities are provided to this effect.
If work is to be carried out during the journey, speeds shall be
adjusted to ensure the safety of the workers carried.
Work equipment with a combustion engine may not be
used in working areas unless sufficient quantities of air presenting no health
or safety risk to workers can be guaranteed.
Work equipment for lifting loads
When work equipment for lifting loads is installed
permanently, its strength and stability during use shall be assured, having
regard, in particular, to the loads to be lifted and the stress induced at the
mounting or fixing point of the structures.
Permanently installed work equipment shall be
installed in such a way as to minimise the risk of the load drifting
dangerously, being released unintentionally or falling freely.
Equipment for lifting loads shall be clearly marked
by means of a load plate affixed near the driver’s seat to indicate its nominal
load and, where appropriate, also giving the nominal load for each working
position and configuration of the equipment.
Work equipment which is not designed for lifting
persons shall be appropriately and clearly marked to this effect.
Workers may be lifted only by work equipment and
accessories prescribed for such purposes.
Work equipment for lifting workers shall be equipped
with suitable devices to prevent:
the car overturning;
the operator falling from the car;
the operator being crushed and hurt as a possible
consequence of a collision.
The car of lifting equipment shall be equipped with a
device which, in the event of an accident, prevents the car from falling and
enables the persons trapped inside to be freed.
If, due to the characteristics of the site where lifting equipment
is installed or due to sloping ground or other particular conditions, the risk
of overturning cannot be entirely precluded by other safety measures, an
enhanced safety coefficient suspension rope shall be installed.
The condition of the suspension rope shall be checked daily.
Use of work equipment for lifting loads
Work equipment which is mobile or can be dismantled
and which is designed for lifting loads shall be used in such a way as to ensure
the stability of the work equipment during use taking into account the profile
and nature of the ground.
Unless required for the effective operation of the
work, measures shall be taken to ensure that workers are not present under
Loads may not be moved above unprotected workplaces occupied by
If work cannot be carried out properly any other way, appropriate
procedures to ensure the safety of workers shall be laid down and applied.
Lifting accessories shall be selected as a function of the loads to
be handled, gripping points, attachment tackle and the atmospheric conditions
having regard to the mode and configuration of slinging.
Lifting accessory tackle shall be clearly marked in compliance
with the established procedure so that operators are aware of its essential
Lifting accessories shall be stored in a way that
ensures that they will not be damaged or degraded.
When two or more items of work equipment used for
lifting loads are used at the same time, the employer shall establish a
procedure for co-ordination of the work of the persons operating such equipment
and shall take appropriate measures to avoid collision between loads or the work
equipment parts themselves.
When using mobile work equipment for lifting, the
employer shall take appropriate measures to prevent the equipment from tilting,
overturning, moving or slipping and to verify that checks are made to ensure
that these measures are executed properly.
If the operator of work equipment designed for
lifting loads cannot observe the full path of the load either directly or by
means of auxiliary equipment providing the necessary information, a competent
person shall be in communication with the operator to guide him or her and
organisational measures shall be taken to prevent collisions of the load which
could endanger workers.
Work shall be organised in such a way that when a
worker is attaching or detaching a load by hand, it can be done safely, in
particular through the worker retaining direct or indirect control of the work
If work equipment designed for lifting loads cannot
maintain its hold on the load in the event of a complete or partial power
failure, appropriate measures shall be taken to avoid exposing workers to any
Suspended loads shall not be left without
surveillance unless access to the danger zone is prevented and the load has been
safely suspended and is safely held.
All lifting operations shall be properly planned and
appropriately supervised by the employer to protect the safety of workers.
Open-air use of work equipment designed for lifting
loads shall be halted when meteorological conditions deteriorate to the point of
jeopardising the safe use of the equipment and exposing workers to risks.
Work equipment in use shall be brought into compliance with these
requirements no later than within three years as of the entry into force of this
Work equipment to be put into service after the entry into force
of this Regulation shall comply with these requirements.
State supervision over compliance with these
requirements shall be conducted by the Labour Inspectorate and other supervisory
agencies within the limits of their competence.
Clauses 1), 3) and 10) of the “Procedure for Ensuring Safety of
Machinery and Equipment” approved by Government of the Republic Regulation No.
16 November 1993 (RT I 1993, 75, 1103) are amended and worded as
In order to prevent the risk of damage to health which may arise
during the use of machinery or equipment, this “Procedure for Ensuring Safety of
Machinery and Equipment” (hereinafter procedure) lays down the procedure for
supervision to ensure the safety of machinery and equipment supplied in
This procedure is mandatory to all legal and natural
persons whose areas of activity include the supply of machinery and equipment.”;
All new equipment supplied in
and equipment manufactured for own use shall comply with the basic safety
Directive 89/655/EEC (OJ L 393, 30.12.1989, p.
13) of the Council of the European Communities and Directive 95/63/EC (OJ L 335,
30.12.1995, p. 28) of the Council of the European Union.