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Construction Health and Safety

PROVISION AND USE OFWORK EQUIPMENT

Section 0F

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June 2003

NOTE:Whilst every care has been taken to ensure accuracy within

this work, no liability whatsoever is accepted by ConstructionHealth and Safety, its sponsoring organisations or theiradvisers in respect of the information given

No material from this book may be reproduced in anyshape or form without written permission from the publishers.

Printed in Great Britain by Lithoflow, 32-36 Aylesbury Street, London EC1R 0ET.Published by the Construction Confederation,

Construction House, 55 Tufton Street, London SW1P 3QL

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June 1999

CONTENTS

Citation and commencement OF-4

Interpretation OF-4

Application OF-5

Suitability of work equipment OF-6

Maintenance OF-7

Inspection OF-7, OF-17

Specific risks OF-8

Information and instructions OF-8

Training OF-8

Conformity with Community requirements OF-9

Dangerous parts of machinery OF-9

Protection against specified hazards OF-10

High or very low temperature OF-11

Controls for starting or making a significant changein operating conditions OF-11

Stop controls OF-12

Emergency stop controls OF-12

Controls OF-12

Control systems OF-13

Isolation from sources of energy OF-13

Stability OF-13

Lighting OF-13

Maintenance operations OF-14

Markings OF-14, OF-17

Warnings OF-14

Employees carried on mobile work equipment OF-14, OF-17

Rolling over of mobile work equipment OF-15, OF-18

Overturning of fork-lift trucks OF-15

Self-propelled work equipment OF-16

Remote-controlled self-propelled work equipment OF-16

Drive shafts OF-16

References OF-19

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Inspection The purpose of an Inspection is to identify that

equipment is safe to use and to identify any deteriorationthat could lead it to become unsafe (see page OF-17 fordetailed information on inspection).

Thorough examination Under PUWER 98, this definition isonly relevant to Power Presses (see Section 9 for thoroughexamination of lifting equipment).

Use The definition of use is wide and includes all activitiesinvolving work equipment.

June 1999

Official Text(1) In these Regulations, unless the context otherwise

requires-the 1974 Act means the Health and Safety at Work etc.Act 1974;

employer except in regulations 3(2) and (3) includes aperson to whom the requirements imposed by theseRegulations apply by virtue of regulations 3(3)(a) and (b);

essential requirements means requirements described inregulation 10(1);

the Executive means the Health and Safety Executive;

inspection in relation to an inspection under paragraph (1)

or (2) of regulation 6-(a) means such visual or more rigorous inspection by a

competent person as is appropriate for the purposedescribed in the paragraph;

(b) where it is appropriate to carry out testing for thepurpose, includes testing the nature and extent ofwhich are appropriate for the purpose;

power press means a press or press brake for the workingof metal by means of tools, or for die proving, which ispower driven and which embodies a flywheel and clutch;

thorough examination in relation to a thoroughexamination under paragraph (1), (2), (3) or (4) orregulation 32-

(a) means a thorough examination by a competent

person;(b) includes testing the nature and extent of which areappropriate for the purpose described in theparagraph;

use in relation to work equipment means any activityinvolving work equipment and includes starting, stopping,programming, setting, transporting, repairing, modifying,maintaining, servicing and cleaning;

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Official Text

These Regulations may be cited as the Provision and Use ofWork Equipment Regulations 1998 and shall come into

force on 5th December 1998.and Schedule 2 (see p.OC-

Guidance

From 5 December 1998 various regulations including theProvision and Use of Work Equipment Regulations 1992, theAbrasive Wheels Regulations 1970 and WoodworkingMachines Regulations 1974 no longer apply.

The Provision and Use of Work Equipment Regulations 1998

S.I. 1998 No.2306

(Note In the following text, where it is stated under the column headed Guidance thatthese regulations do not apply, it is emphasised that other legislation will apply. This

column contains guidance based on the Approved Code of Practice and other sources.

2. Interpretation

1. Citation and commencement


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Guidance

These Regulations apply to construction activities within theterritorial waters of Great Britain and at offshore installations.

The Regulations apply equally whether employers providethe work equipment or allow employees to provide their ownwork equipment eg personal tool kits.

Persons are under no duty in respect of something outsidetheir control eg a plant hire company which has control overhow hired equipment is maintained will have to ensure thatthe maintenance carried out is adequate to keep it safe.However, the conditions of use may be outside the hirecompanys control in which case it will not have a duty toensure the safe use of the equipment.

June 1999

3. Application

Official Text

(1) These Regulations shall apply-(a) in Great Britain; and(b) outside Great Britain as sections 1 to 59 and 80 to

82 of the 1974 Act apply by virtue of the Health and

Safety at Work etc. Act 1974 (Application outsideGreat Britain) Order 1995 (the 1995 Order).

(2) The requirements imposed by these Regulations onan employer in respect of work equipment shall apply tosuch equipment provided for use or used by an employee ofhis at work.

(3) The requirements imposed by these Regulations on anemployer shall also apply-

(a) to a self-employed person, in respect of workequipment he uses at work;

(b) subject to paragraph (5), to a person who hascontrol to any extent of-(i) work equipment;(ii) a person at work who uses or supervises or

manages the use of work equipment; or(iii) the way in which work equipment is used at

work, and to the extent of his control.

(4) Any reference in paragraph (3)(b) to a person havingcontrol is a reference to a person having control inconnection with the carrying on by him of a trade, businessor other undertaking (whether for profit or not).

(5) The requirement imposed by these Regulations shall notapply to a person in respect of work equipment supplied by himby way of sale, agreement for sale or hire-purchase agreement.

(6) Subject to paragraphs (7) to (10), these Regulationsshall not impose any obligation in relation to a ships workequipment (whether that equipment is used on or off the ship).

work equipment means any machinery, appliance,apparatus, tool or installation for use at work (whetherexclusively or not); and related expressions shall beconstrued accordingly.

(2) Any reference in regulations 32 to 34 or Schedule 3to a guard or protection device is a reference to a guard orprotection device provided for the tools or a power press.

(3) Any reference in regulation 32 or 33 to a guard orprotection device being on a power press shall, in the caseof a guard or protection device designed to operate whileadjacent to a power press, be construed as a reference to itsbeing adjacent to it.

(4) Any reference in these Regulations to-(a) a numbered regulation or Schedule is a reference to

the regulation or Schedule in these Regulations sonumbered; and

(b) a numbered paragraph is a reference to theparagraph so numbered in the regulation in whichthe reference appears.

Work Equipment This definition covers all machinery andtools used at work, from a major item of construction plant toa screwdriver, and includes equipment such as scaffoldingand ladders (also see Regulation 3 below). Company vehicles fall within the scope of these

regulations but the more specific road traffic legislationwill take precedence over PUWER.

Examples of things which are not work equipment are:- Substances (COSHH) Structural items (walls, stairs, roofs) Private cars


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(7) Where merchant shipping requirements areapplicable to a ships work equipment, paragraph (6) shallrelieve the shore employer of his obligations under theseRegulations in respect of that equipment only where he hastaken all reasonable steps to satisfy himself that the merchantshipping requirements are being complied with in respect ofthat equipment.

(8) In a case where the merchant shipping requirementsare not applicable to the ships work equipment by reasononly that for the time being these is no master, crew orwatchman on the ship, those requirements shall neverthelessbe treated for the purpose of paragraph (7) as if they wereapplicable.

(9) Where the ships work equipment is used in aspecified operation paragraph (6) shall not apply toregulations 7 to 9, 11 to 13, 20 to 22 and 30 (each asapplied by regulation 3).

(10) Paragraph (6) does not apply to a ships workequipment provided for use or used in an activity (whethercarried on in or outside Great Britain) specified in the 1995Order save that it does apply to-

(a) the loading, unloading, fuelling or provisioning ofthe ship; or

(b) the construction, reconstruction, finishing, refitting,repair, maintenance, cleaning or breaking up of theship.

(11) In this regulation-master has the meaning assigned to it by section 313(1) ofthe Merchant Shipping Act 1995;

merchant shipping requirements means the requirementsof regulations 3 and 4 of the Merchant Shipping (Guardingof Machinery and Safety of Electrical Equipment)Regulations 1988 and regulations 5 to 10 of the MerchantShipping (Hatches and Lifting Plant) Regulations 1988(d);

ship has the meaning assigned to it by section 313(1) ofthe Merchant Shipping Act 1995 save that it does notinclude an offshore installation;

shore employer means an employer of persons (other thanthe master and crew of any ship) who are engaged in aspecified operation;

specified operation means an operation in which theships work equipment is used-

(a) by persons other than the master and crew; or(b) where persons other than the master and crew are

liable to be exposed to a risk to their health or safetyfrom its use.

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Guidance

4. Suitability of work equipmentOfficial Text

(1) Every employer shall ensure that work equipment is soconstructed or adapted as to be suitable for the purpose forwhich it is used or provided.

(2) In selecting work equipment, every employer shall haveregard to the working conditions and to the risks to the healthand safety or persons which exist in the premises orundertaking in which that work equipment is to be used andany additional risk posed by the use of that work equipment.


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0F - 7June 2005

Guidance

Equipment must be maintained in safe working order and ingood repair. The extent and frequency of maintenancerequired will vary from simple visual checks to formalplanned preventative maintenance, depending upon therisks involved with the equipment.

There is no requirement to have a maintenance log, butwhere there is one it must be kept up to date.

5. Maintenance

Official Text

(1) Every employer shall ensure that work equipment ismaintained in an efficient state, in efficient working order andin good repair.

(2) Every employer shall ensure that where any machineryhas a maintenance log, the log is kept up to date.

Guidance

A detailed explanation of inspection requirements is givenon page OF-17.

6. Inspection

Official Text

(1) Every employer shall ensure that, where the safety ofwork equipment depends on the installation conditions, it isinspected-

(a) after installation and before being put into servicefor the first time; or

(b) after assembly at a new site or in a new location, toensure that it has been installed correctly and is safeto operate.

(2) Every employer shall ensure that work equipmentexposed to conditions causing deterioration which is liable

to result in dangerous situations is inspected-(a) at suitable intervals; and(b) each time that exceptional circumstances which are

liable to jeopardise the safety of the work equipmenthave occurred,

to ensure that health and safety conditions are maintainedand that any deterioration can be detected and remedied ingood time.

(3) Every employer shall ensure that the result of aninspection made under this regulation is recorded and keptuntil the next inspection under this regulation is recorded.

(4) Every employer shall ensure that no work equipment-(a) leaves his undertaking; or(b) if obtained from the undertaking of another person,

is used in his undertaking, unless it is accompaniedby physical evidence that the last inspectionrequired to be carried out under this regulation hasbeen carried out.

(5) This regulation does not apply to-(a) a power press to which regulations 32 to 35 apply;(b) a guard or protection device for the tools of such

power press;(c) work equipment for lifting loads including persons;(d) winding apparatus to which the Mines (Shafts and

Winding) Regulations 1993 apply;(e) work equipment required to be inspected by

regulation 29 of the Construction (Health, Safetyand Welfare) Regulations 1996

(3) Every employer shall ensure that work equipment isused only for operations for which, and under conditions forwhich, it is suitable.

(4) In this regulation suitable means suitable in anyrespect which it is reasonably foreseeable will affect the healthor safety of any person.

Equipment must be suitable for the particular work it isprovided to do ie it must be suitable both for the operationconcerned and for the conditions under which it will be

used.


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Guidance

All relevant health and safety information and writteninstructions on the use of work equipment must be madeavailable to the workforce and to supervisors and managers.The information and written instructions should cover all thehealth and safety aspects of use that are likely to arise, andany limitations on these uses, together with indications ofany foreseeable difficulties that could arise and the methodsof dealing with them. Information can be verbal or inwriting, but whichever method is chosen, the employer mustensure that it is readily comprehensible to the workforce.

8. Information and Instructions

Official Text

(1) Every employer shall ensure that all persons who usework equipment have available to them adequate health andsafety information and, where appropriate, written instructionspertaining to the use of the work equipment.

(2) Every employer shall ensure that any of his employeeswho supervises or manages the use of work equipment hasavailable to him adequate health and safety informationand, where appropriate, written instructions pertaining to

the use of the work equipment.

(3) Without prejudice to the generality of paragraphs (1)or (2), the information and instructions required by either ofthose paragraphs shall include information and, whereappropriate, written instructions on-

(a) the conditions in which and the methods by whichthe work equipment may be used;

(b) foreseeable abnormal situations and the action to betaken if such a situation were to occur; and

(c) any conclusions to be drawn from experience inusing the work equipment.

(4) Information and instructions required by thisregulation shall be readily comprehensible to thoseconcerned.

Guidance

Adequate training in the use of work equipment must begiven both to users and to supervisors and managers.Employers should assess what training is adequate. Muchadvice is given in Section 2 Training for Health and Safetywhich, amongst other matters, covers the Construction PlantCompetence Scheme.

9. Training

Official Text

(1) Every employer shall ensure that all persons who usework equipment have received adequate training for purposesof health and safety, including training in the methods whichmay be adopted when using the work equipment, any riskswhich such use may entail and precautions to be taken.

7. Specific risks

Official Text

(1) Where the use of work equipment is likely to involve aspecific risk to health or safety, every employer shall ensurethat-

(a) the use of that work equipment is restricted to thosepersons given the task of using it; and(b) repairs, modifications, maintenance or servicing of

that work equipment is restricted to those personswho have been specifically designated to performoperations of that description (whether or not alsoauthorised to perform other operations).

(2) The employer shall ensure that the persons designatedfor the purposes of sub-paragraph (b) of paragraph (1) havereceived adequate training related to any operations inrespect of which they have been so designated.


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Guidance

One or more controls must be provided, where appropriate,to start equipment and starting should only be possible byusing a control.

A change in operating conditions (eg speed or pressure)must only be possible by use of a control.

Controls must be designed and/or positioned so as toprevent accidental operation and must not be capable ofoperating themselves due to gravity, vibration etc.

14. Controls for starting or making a significant change in operating conditions

Official Text

(1) Every employer shall ensure that, where appropriate,work equipment is provided with one or more controls for thepurposes of-

(a) starting the work equipment (including re-startingafter a stoppage for any reason); or

(b) controlling any change in the speed, pressure orother operating conditions of the work equipmentwhere such conditions after the change result in riskto health and safety which is greater than or of adifferent nature from such risks before the change.

(2) Subject to paragraph (3), every employer shall ensurethat, where a control is required by paragraph (1), it shallnot be possible to perform any operation mentioned in sub-paragraph (a) or (b) of that paragraph except by adeliberate action on such control.

(3) Paragraph (1) shall not apply to re-starting orchanging operating conditions as a result of the normaloperating cycle of an automatic device.

Guidance

Protection must be provided where there is a risk of contactwith accessible surfaces of hot or very cold work equipment.Engineering measures, such as insulation, screens or barriersshould be adopted in preference to personal protectiveequipment.

13. High or very low temperature

Official Text

Every employer shall ensure that work equipment, parts ofwork equipment and any article or substance produced, usedor stored in work equipment which, in each case, is at a high orvery low temperature shall have protection where appropriateso as to prevent injury to any person by burn, scald or sear.

(2) The measures required by paragraph (1) shall-(a) be measures other than the provision of personal

protective equipment or of information, instruction,training and supervision, so far as is reasonablypracticable; and

(b) include, where appropriate, measures to minimisethe effects of the hazard as well as to reduce the

likelihood of the hazard occurring.(3) The hazards referred to in paragraph (1) are-(a) any article or substance falling or being ejected from

work equipment;(b) rupture of disintegration of parts of work equipment;(c) work equipment catching fire or overheating;(d) the unintended or premature discharge of any

article or of any gas, dust, liquid, vapour or othersubstance which, in each case, is produced, usedor stored in the work equipment;

(e) the unintended or premature explosion of the workequipment or any article or substance produced,used or stored in it.

(4) For the purposes of this regulation adequatelymeans adequately having regard only to the nature of the

hazard and the nature and degree of exposure to the risk.

(5) This regulation shall not apply where any of thefollowing Regulations apply in respect of any risk to apersons health or safety for which such Regulations requiremeasures to be taken to prevent or control such risk, namely-

(a) the Ionising Radiations Regulations 1985;(b) the Control of Asbestos at Work Regulations 1987;(c) the Control of Substances Hazardous to Health

Regulations 1994;(d) the Noise at Work Regulations 1989;(e) the Construction (Head Protection) Regulations 1989;(f) the Control of Lead at Work Regulations 1998.


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Guidance

The purpose of each control should be easily identifiable bywording or symbols, and where appropriate, by colour,shape and position.

Normal operating controls should not be placed whereanyone using them might be placed at risk.

As far as is reasonably practicable, controls must bepositioned so that operators of equipment are able to seethat no-one is at risk from anything they set going. If this isnot reasonably practicable, a safe system of work must beintroduced to ensure the health and safety of other people.

Where appropriate eg in the case of a detonator; anaudible visual, or other suitable warning must be givenwhenever work equipment is about to start. The warningmust allow sufficient time for those at risk to get clear; or toprevent the equipment from starting.

17. Controls

Official Text

(1) Every employer shall ensure that all controls for workequipment are clearly visible and identifiable, including byappropriate marking where necessary.

(2) Except where necessary, the employer shall ensure thatno control for work equipment is in a position where any personoperating the control is exposed to a risk to his health or safety.

(3) Every employer shall ensure where appropriate-(a) that, so far as is reasonably practicable, the operator

of any control is able to ensure from the position ofthat control that no person is in a place where hewould be exposed to any risk to his health or safetyas a result of the operation of that control, but whereor to the extent that it is not reasonably practicable;

(b) that, so far as is reasonably practicable, systems ofwork are effective to ensure that, when workequipment is about to start, no person is in a placewhere he would be exposed to a risk to his health orsafety as a result of the work equipment starting, butwhere neither of these is reasonably practicable;

(c) that an audible, visible or other suitable warning isgiven by virtue of regulation 24 whenever workequipment is about to start.

(4) Every employer shall take appropriate measures toensure that any person who is in a place where he would beexposed to a risk to his health or safety as a result of thestarting or stopping of work equipment has sufficient timeand suitable means to avoid that risk.

Guidance

The stop control (or controls) should be readily accessibleand bring the equipment to a safe condition, in a safemanner. It does not necessarily have to be instantaneous in

operation, or bring all moving parts immediately to a halt.

15. Stop controls

Official Text

(1) Every employer shall ensure that, where appropriate,work equipment is provided with one or more readilyaccessible controls the operation of which will bring the work

equipment to a safe condition in a safe manner.(2) Any control required by paragraph (1) shall bring the

work equipment to a complete stop where necessary forreasons of health and safety.

(3) Any control required by paragraph (1) shall, ifnecessary for reasons of health and safety, switch off all sourcesof energy after stopping the functioning of the work equipment.

(4) Any control required by paragraph (1) shall operatein priority to any control which starts or changes theoperating conditions of the work equipment.

Guidance

An emergency stop control is needed if other safeguards arenot adequate to prevent risk when some unplanned eventoccurs eg someone becoming exposed to a hazard or thereis a dangerous malfunction of a machine.

Emergency stop controls, where appropriate, will be neededat every control point and probably at other locationsaround the equipment so that action may be taken quickly.They should be easily reached and actuated.

16. Emergency stop controls

Official Text

(1) Every employer shall ensure that, where appropriate,work equipment is provided with one or more readilyaccessible emergency stop controls unless it is not necessary byreason of the nature of the hazards and the time taken for thework equipment to come to a complete stop as a result of theaction of any control provided by virtue of regulation 15(1).

(2) Any control required by paragraph (1) shall operate inpriority to any control required by regulation 15(1).


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Guidance

Failure of any part of a control system, or its power supply,should lead to a fail safe condition and not impede theoperation of the stop or emergency stop controls.

18. Control systems

Official Text

(1) Every employer shall-(a) ensure, so far as is reasonably practicable, that all

control systems of work equipment are safe; and

(b) are chosen making due allowance for the failures,faults and constraints to be expected in the plannedcircumstances of use.

(2) Without prejudice to the generality or paragraph (1),a control system shall not be safe unless-

(a) its operation does not create any increased risk tohealth or safety;

(b) it ensures, so far as is reasonably practicable, thatany fault in or damage to any part of the controlsystem or the loss of supply of any source of energyused by the work equipment cannot result inadditional or increased risk to health or safety;

(c) it does not impede the operation of any controlrequired by regulation 15 or 16.

Guidance

Where appropriate, work equipment must be provided with aclearly identifiable and readily accessible means of isolatingthe equipment from all its sources of energy. Reconnection ofany energy source must not expose a user to risk.

Isolation of equipment from its energy source is oftennecessary for maintenance, or when an unsafe conditiondevelops. Isolation means establishing a break in the energysupply in a secure manner so that inadvertent reconnection isnot possible. For some equipment this can be done simply byremoving a plug. Other equipment may require an isolating

switch or a lock off procedure with a permit to work.

19. Isolation from sources of energy

Official Text

(1) Every employer shall ensure that where appropriatework equipment is provided with suitable means to isolate itfrom all its sources of energy.

(2) Without prejudice to the generality of paragraph (1),the means mentioned in that paragraph shall not be suitableunless they are clearly identifiable and readily accessible.

(3) Every employer shall take appropriate measures toensure that reconnection of any energy source to workequipment does not expose any person using the work

equipment to any risk to his health or safety.

Guidance

Precautions must be taken to ensure that, where necessary,items of work equipment are stabilised. Guidelines onachieving stability are given in relevant sections of themanual eg Section 7 on tying of scaffolds and Section 9 onthe use of outriggers with mobile cranes.

20. Stability

Official Text

Every employer shall ensure that work equipment or anypart of work equipment is stabilised by clamping or otherwisewhere necessary for purposes of health or safety.

Guidance

Any place where work equipment is used must be suitablyand sufficiently lit. The need to provide additional or speciallighting will depend on the circumstances and on the typesof task to be performed. Guidance is given in Section 10Electricity.

21. LightingOfficial Text

Every employer shall ensure that suitable and sufficientlighting, which takes account of the operations to be carriedout, is provided at any place where a person uses workequipment.


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Guidance

Risks to employees carried by work equipment must beminimised. This duty includes preventing the operators, andpassengers from falling out of the equipment when it ismoving or stationary.

Employees should, if there is a significant risk of injury, beprotected from falling objects whilst being carried by workequipment. They must also be protected from the risk oftrapping by wheels or tracks.

25. Employees carried on mobile work equipment

Official Text

Every employer shall ensure that no employee is carried bymobile work equipment unless-

(a) it is suitable for carrying persons; and(b) it incorporates features for reducing to as low as is

reasonably practicable risks to their safety, includingrisks from wheels or tracks.

Guidance

If this is not reasonably practicable, precautions must betaken to prevent risks to the health or safety of those carryingout maintenance work. In this context, maintenance

includes cleaning and repair.On construction sites the need to carry out maintenance onmoving machinery is unlikely to arise.

22. Maintenance operations

Official Text

Every employer shall take appropriate measures to ensurethat work equipment is so constructed or adapted that, so faras is reasonably practicable, maintenance operations which

involve a risk to health or safety can be carried out while thework equipment is shut down, or in other cases-(a) maintenance operations can be carried out without

exposing the person carrying them out to a risk tohis health or safety; or

(b) appropriate measures can be taken for theprotection of any person carrying out maintenanceoperations which involve a risk to his health orsafety.

Guidance

Work equipment must be marked with any appropriate

health and safety signs, or notices, eg the maximum rotational speed of an abrasive wheel, the maximum safe working load on a lifting

appliance, identification of gas cylinders by colour, hazard symbols on dangerous substances.

23. Markings

Official Text

Every employer shall ensure that work equipment is

marked in a clearly visible manner with any markingappropriate for reasons of health and safety.

Guidance

Warnings are normally in the form of notices or signscomplying with the Health and Safety (Safety Signs andSignals) Regulations 1996 (see p 1.36).

Warnings devices, eg reversing alarms on mechanical plant,must be unambiguous and easily understood.

24. Warnings

Official Text

(1) Every employer shall ensure that work equipmentincorporates any warnings or warning devices which areappropriate for reasons of health and safety.

(2) Without prejudice to the generality of paragraph (1),warnings given by warning devices on work equipment shallnot be appropriate unless they are unambiguous, easilyperceived and easily understood.


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0F - 15June 1999

Guidance

Where an employee riding on mobile work equipment is atrisk from the equipment rolling over, the risk must beminimised. The requirement of this regulation will be met if

parts of the mobile work equipment prevent it rolling over bymore than 90 (eg the boom of a hydraulic excavator whenin the travelling position) otherwise, steps will have to betaken to stabilise the equipment so that it cannot roll over orit must be fitted with a roll over protection structure (ROPS).

If equipment cannot be fitted with roll over protection as itwas not designed for this purpose, determine what controlmeasures can be taken to prevent roll over eg limiting it toflat areas, speed restrictions etc.

If the fitting of a ROPS would increase the risk to safety eg itwould destabilise the equipment or affect integrity,compliance with this regulation is not required.

If it would not be reasonably practicable to fit a ROPS,compliance with this regulation is not required.

26. Rolling over of mobile work equipment

Official Text

(1) Every employer shall ensure that where there is a risk toan employee riding on mobile equipment from its rolling over,it is minimised by-

(a) stabilising the work equipment;(b) a structure which ensures that the work equipmentdoes no more than fall on its side;

(c) a structure giving sufficient clearance to anyonebeing carried if it overturns further than that; or

(d) a device giving comparable protection.

(2) Where there is a risk of anyone being carried bymobile work equipment being crushed by its rollingover, the employer shall ensure that it has a suitablerestraining system for him.

(3) This regulation shall not apply to a fork-lift truckhaving a structure described in sub-paragraph (b) or(c) of paragraph (1).

(4) Compliance with this regulation is not required where-(a) it would increase the overall risk to safety;

(b) it would not be reasonably practicable to operatethe mobile work equipment in consequence; or

(c) in relation to an item of work equipment provided foruse in the undertaking or establishment before 5thDecember 1998 it would not be reasonablypracticable.

27. Overturning of fork-lift trucks

Official Text

Every employer shall ensure that a fork-lift to whichregulation 26(3) refers and which carries an employee isadapted or equipped to reduce to as low as is reasonablypracticable the risk to safety from its overturning.


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0F - 16 June 1999

30. Drive shafts

Official Text

(1) Where the seizure of the drive shaft between mobilework equipment and its accessories or anything towed is likelyto involve a risk to safety every employer shall-

(a) ensure that the work equipment has a means ofpreventing such seizure; or

(b) where such seizure cannot be avoided, take everypossible measure to avoid an adverse effect on thesafety of an employee.

(2) Every employer shall ensure that-(a) where mobile work equipment has a shaft for the

transmission of energy between it and other mobilework equipment; and

(b) the shaft could become soiled or damaged bycontact with the ground while uncoupled,

the work equipment has a system for safeguarding the shaft.

29. Remote-controlled self-propelled work equipment

Official Text

Every employer shall ensure that where remote-controlledself-propelled work equipment involves a risk to safety while in

motion-(a) it stops automatically once it leaves its control range;and

(b) where the risk is of crushing or impact it incorporatesfeatures to guard against such risk unless otherappropriate devices are able to do so.

28. Self-propelled work equipment

Official Text

(1) Every employer shall ensure that, where self-propelledwork equipment may, while in motion, involve risk to the safetyof persons-

(a) it has facilities for preventing its being started by anunauthorised person;(b) it has appropriate facilities for minimising the

consequences of a collision where there is more thanone item of rail-mounted work equipment in motionat the same time;

(c) it has a device for braking and stopping;(d) where safety constraints so require, emergency

facilities operated by readily accessible controls orautomatic systems are available for braking andstopping the work equipment in the event of failureof the main facility;

(e) where the drivers direct field of vision is inadequateto ensure safety, there are adequate devices forimproving his vision so far as is reasonablypracticable;

(f) if provided for use at night or in dark places-

(i) it is equipped with lighting appropriate to thework to be carried out; and

(ii) is otherwise sufficiently safe for such use;(g) if it, or anything carried or towed by it, constitutes a

fire hazard and is liable to endanger employees, itcarries appropriate fire-fighting equipment, unlesssuch equipment is kept sufficiently close to it.


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Inspection requirementsAn inspection is required for work equipment when it has

been installed or assembled in a new location to ensure thatit has been installed correctly and is safe to operate. Anassessment must be made of all other work equipment to

determine if an inspection is needed and how often.The minimum inspection regime should be set by the

owner/supplier of the equipment based on manufacturersinformation and other statutory obligations. Additionalinspections will be identified by the user of the equipment.Factors that must be taken into account by the user includethe work being carried out, any specific risks on site thatmay affect the condition of the equipment and the intensity ofuse of the equipment.

An inspection may include visual checks, a strip down ofthe equipment and functional tests. Advice should be soughtfrom manufacturers instructions and a competent person forguidance on what an inspection should include for eachpiece of equipment.

Certain types of equipment are required to be inspectedunder specific regulations i.e. Scaffolding is inspected

under the Construction Health, Safety and Welfareregulations. Other regulations lay down specific itemsto be examined such as The Pressure SystemsRegulations 1989 in respect of air receivers. These specificregulations take precedence over the requirements inPUWER 98.

Responsibility for inspectionA number of parties will have responsibilities for

ensuring the work equipment is safe to use and that it hasbeen inspected in accordance with the inspection regime.The hire company must ensure that equipment they hire outcomplies with PUWER 98. The employer or self employedperson has a duty to ensure that equipment they use orprovide for use complies with PUWER 98 and that includesensuring that inspections are carried out by a competentperson. If you use equipment provided by another

contractor you have a duty to ensure that the equipment issafe to use.

If the equipment is provided on site for common use i.e. acompressor or abrasive wheel, you must establish who willtake responsibility for the equipment and ensure it complieswith PUWER 98. As an employer you must still establish thatit is safe for use by your employees.

If you are using hired equipment you must agree with thehire company who will carry out the inspections and whenthey will be carried out.

Types of inspectionVisual Check

Low risk equipment used for low risk activities willnot require a formal inspection. A visual check maybe required by the user before each use to ensure it is in

good condition. e.g. A hammer should be checked toensure that the head is not loose, a ladder should bechecked for split stiles, broken rungs and other defects. Theperson carrying out these checks must be competent. Thereis no need to record the results of the visual check by theoperative.

In circumstances where additional hazards exist, low riskequipment may need a more detailed check, e.g. ascrewdriver used for work on a live electric supply or a torchthat is taken into a confined space.

Equipment that is of a higher risk and equipment withmoving parts should have a visual check of the equipmentbefore each use, and may require a more formal check atspecified intervals, e.g. 5/312 mixer or petrol driven disccutter. The competent person should ascertain how oftenthese formal checks should take place.

InspectionEquipment that poses a significant risk i.e. dumpers, ride

on rollers etc. will need to be considered by a personcompetent to determine a suitable inspection regime. Theseinspections are in addition to the daily checks by the

operator and must be carried out be a competent person.For the majority of equipment the formal inspection will beundertaken weekly. Some equipment will require morefrequent inspections e.g. equipment used in confined spacesmay require an inspection before each shift.

Records inspectionRecords of inspections must be made and you are

required to keep a record of the last inspection. Theserecords can be contained in a register, attached to theequipment itself, or stored electronically in a tamper proofform. They must be easily accessible by those who use theequipment or otherwise need the information.

If you use equipment acquired from another user and it issubject to an inspection regime, you must ensure that it isaccompanied by physical evidence of the last inspection. If

you provide equipment for use by another user you must alsoensure that the equipment is accompanied by physicalevidence of the last inspection.

It is good practice to keep all records of inspection andmaintenance as they may be of use in the future.

MarkingMuch of the equipment that you purchase will have a CE

marking stamped upon it. This indicates that there is aEuropean product directive and the equipment has beenmanufactured to a certain standard. This does not guaranteethat it complies with UK health and safety standards.Therefore, you must ensure that all equipment, whether CEmarked or not, complies with UK health and safetyrequirements and is safe to use.

Mobile work equipment

Part III of PUWER 98 introduces new requirements formobile work equipment. The date by which mobile workequipment has to comply with these requirements dependson whether the equipment is new to you.

In these regulations New equipment means equipmentthat is first put into use by you after the 5 December 1998and includes: new equipment, used equipment acquired from others, hired/leased equipment, borrowed equipment.

If your internal plant hire company is a separate legalentity then you are deemed to be hiring equipment fromthem, it is not classed as your own equipment and mustcomply with the requirements from 5 December 1998.

Table 1 - Compliance with PUWER 98 Part III

Work Equipment Date forcompliancewith PUWER98 Part III

New equipment purchased after 5/12/98 5/12/1998Equipment hired/leased after 5/12/98 5/12/1998Used equipment acquired after 5/12/98 5/12/1998Existing equipment purchased before 5/12/98 5/12/2002Equipment hired before 5/12/98 5/12/2002

Existing equipment is classed as existing as long as it isowned and used by you. If you hire, lend or otherwise allowanother undertaking to use the equipment it is classed as

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new to that user and therefore all the requirements ofPUWER 98 part III will apply.

Mobile work equipment is any work equipment which isintended to travel between different locations for the purposeof carrying out work whilst it is travelling or carry out workwhen at its new location e.g. dumpers, forklift trucks, mobilecranes, landrovers, ride on rollers, remote controlled rollers,

concrete wagons etc.Equipment that requires manual effort to power it is notconsidered mobile work equipment e.g. pallet trucks, sackbarrows, wheelbarrows, bogeys. Portable work equipmentthat is moved from one place to another but used in a staticposition is not considered to be mobile work equipment e.g.compressors, concrete pumps, cranes that do not have pickand carry duties.

You may find that some equipment not considered mobilework equipment may become mobile if it is towed e.g. manriding cars used in tunnelling. The requirements in Part IIIapply to this type of equipment when it is towed and you willneed to consider if towing this equipment creates anadditional risk to the operator and any passengers. Youshould re-assess the equipment and implement any controlmeasures detailed below that may be necessary.

Employees carried by work equipmentPart III of PUWER 98 requires risk to employees carried

by work equipment to be minimised. This includespreventing the operator, driver and passengers from fallingout of the equipment when it moving or stationary. Methodsto be considered to prevent employees falling out ofequipment include the provision of cabs, work platforms,seating, and restraining systems such as safety belts orhandholds.

Employees should be protected from falling objects whilstbeing carried by the equipment and they must not be able tobecome trapped by wheels and tracks on the equipment.Cabs and falling object protection structures (FOPS) are themost suitable method of preventing material from falling onemployees carried by equipment. The need for this type ofprotection will depend on the environment and activities

carried out.Restraining systems

Restraining systems can be full body seat belts, lap beltsor a purpose designed restraining system. Some workequipment will not be suitable for the fixing of restrainingsystems as the body of the vehicle may not have adequatefixing points, or, the operators may be doing an activitywhere it would increase the risk should they wear arestraining belt.

Vehicles used for setting down cones on motorways aremobile work equipment and those workers dropping conesonto the road will need to be protected from falling out. Arestraining system may be suitable. However a workplatform with a guard rail and a handle to grip on to may bemore appropriate.

If a restraining system is fitted then it must be used.

Road transport vehicles that are also used to transportpeople around site are considered to be work equipment.The driver and front seat passengers must wear seat belts atall times. Passengers in the back of a van sitting in frontfacing seats must wear seat belts if provided. For thosesitting in bench seats along the length of the van it isconsidered unsafe to fix seat belts to these type of seats. Thistype of vehicle used on sites should be travelling at restrictedspeeds.

Roll over protectionIf you are using equipment that is travelling whilst being

used you must consider if the equipment could roll over andinjure the employee. The equipment may have a structurethat ensures that the work equipment does no more than fall

on its side e.g. fork lift trucks and pick and carry cranes areunlikely to roll further than 90 degrees.

If you cannot stabilise the equipment or it can roll morethan 90 degrees you must assess the need to fit a roll overprotection (ROP) structure to protect the operator andpassengers from being injured in the event of the equipmentrolling over.

Some types of work equipment are more at risk of rollingover than others. Dumpers and ride-on rollers are more likelyto roll over than excavators or cranes. You must consider thelikelihood of roll over occurring, in terms of the equipmentbeing used, and the environment in which it is being used.

It is possible to fit ROPS to most equipment used in theconstruction industy. If your equipment cannot be fitted withroll over protection as it was not designed for this purposeyou will need to have an engineering analysis carried out bya competent person to determine what control measures canbe taken. If the fitting of ROP etc. would increase the risk tosafety i.e. It would destabilise the equipment or affect theintegrity of the equipment then you do not have to complywith this requirement. If it would not be reasonablypracticable to operate the mobile work equipment becauseof the ROP structure you do not have to comply with thisrequirement. In areas where limited headroom would prevent

the use of a ROP structure on a standard machine a smallermachine or specialist equipment should be consideredbefore a decision is taken to remove the roll over protection.

If the situation requires it, and it is reasonably practicablefor you to comply with the requirement for ROP then youmust do so.

Once you have considered ROP and determined the typeof protection most appropriate for your equipment you needto establish the remaining risk to anyone carried by theequipment. If there is the chance of them being crushed bythe equipment rolling over then you must ensure that there isa suitable restraining system fitted.

If the equipment is stationary whilst carrying out the work,the ROP requirement does not apply. However, if theequipment moves around on site between operations youstill need to consider the risks to employees. Company

owned vehicles driving on the road are work equipment.Road traffic law takes precedence when the vehicles is onthe public highway.

Example 1If you hire a dumper after 5 December 1998 you will

need to ensure that the risks to your employees areminimised. If the ground is uneven you would need toconsider a seat belt or restraining system of some kind. Asthe dumper may well roll over it must be fitted with a ROPstructure. If the operator could be crushed as a result ofbeing thrown off the dumper during roll over, a seat belt orrestraining system of some kind should be fitted to preventthis from happening.

Example 2A fork lift truck with a mast has complied with the ROP

requirement to a certain extent as in the majority ofcircumstances it should not roll over more than 90 degrees.However, in the event of roll over the operator could becrushed between the truck and the ground and therefore arestraining system of some kind is required to prevent thisfrom happening.

Self propelled work equipmentThe following requirements apply to mobile work

equipment that is propelled by its own motor when in usee.g. dumpers, rollers, forklift trucks etc.

For this type of equipment you must ensure that it cannotbe started up by an unauthorised person. The equipmentshould require a key or other starter device and onlyauthorised persons should have access to these devices.

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