LegalizeS.I. No. 299/2007 - Safety, Health and Welfare at Work (General Application) Regulations 2007
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11 amending acts · 2023-05-26, S.I. No. 255/2023 - Safety, Health and Welfare at Work (General Application) (Amendment) …
Arrangement of Regulations
SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) REGULATIONS 2007
I, Tony Killeen, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2005 (S.I. No. 316 of 2005), after consultation with the Health and Safety Authority, hereby make the following regulations-
Part 1 Interpretation and General
Citation and commencement.
1.
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) Regulations 2007.
- (2) These Regulations come into operation on 1 November 2007.
Interpretation.
2.
2. (1) In these Regulations:
“Act” means the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005);
“lifting equipment” means work equipment for lifting, lowering loads or pile driving, and includes anything used for anchoring, fixing or supporting such equipment;
“personal protective equipment” means all equipment designed to be worn or held by an employee for protection against one or more hazards likely to endanger the employee's safety and health at work, and includes any additions and accessories to the equipment, if so designed, but does not include—
- (a) ordinary working clothes and uniforms not specifically designed to protect the safety and health of an employee,
- (b) personal protective equipment for the purposes of road transport,
- (c) sports equipment,
- (d) self-defence equipment or deterrent equipment, or
- (e) portable devices for detecting and signalling risks and nuisances;
“public road” means a road the responsibility for the maintenance of which lies on a road authority;
“road authority” means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 (No. 37 of 2001)) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work.
- (2) An employer shall ensure that, where activities mentioned in sections 6 and 11(5) of the Act are being carried out, the safety, health and welfare of the employer's employees are protected as far as possible, taking account of the relevant statutory provisions.
- (3) Without prejudice to the generality of section 19 of the Act, an employer shall, in identifying hazards and assessing risks under that section, take account of particular risks if any, affecting employees working alone at the place of work or working in isolation at remote locations.
- (4) Any reference in these Regulations to provisions encompassed in the generality of the Act shall be without prejudice to the requirements of those provisions in the Act.
Revocations and savings.
3.
3. (1) The following are revoked:
- (a) Factories (Report of Examination of Hoists and Lifts) Regulations 1956 ( S.I. No. 182 of 1956 ),
- (b) Factories Act 1955 (Hoists and Lifts) (Exemption) Order 1957 ( S.I. No. 80 of 1957 ),
- (c) Factories Act 1955 (Lifts) (Exemption) Order 1960 ( S.I. No. 129 of 1960 ),
- (d) Regulations 22 to 35 and 37 and 38 and the Schedule to the Docks (Safety, Health and Welfare) Regulations 1960 ( S.I. No. 279 of 1960 ),
- (e) Factories Act, 1955 (Hoistways) (Exemption) Order 1962 ( S.I. No. 211 of 1962 ),
- (f) Quarries (Electricity) Regulations 1972 ( S.I. No. 50 of 1972 ),
- (g) Mines (Electricity) Regulations 1972 ( S.I. No. 51 of 1972 ),
- (h) Quarries (General) Regulations 1974 ( S.I. No. 146 of 1974 ) to the extent of in Regulation 3, the definitions of “lifting appliance” and “safe working load” Regulations 40 and 41, in the First Schedule “FORM No. 3” and “FORM No. 5” and the Second Schedule,
- (i) Shipbuilding and Ship-Repairing (Safety, Health and Welfare) Regulations 1975 ( S.I. No. 322 of 1975 ) to the extent of in Regulation 3(1), the definitions of “lifting equipment” and “lifting gear” and Regulations 32 to 48,
- (j) Factories Act 1955 (Hoistways) (Exemption) Order 1976 ( S.I. No. 236 of 1976 ),
- (k) Factories Act 1955 (Hoists) (Exemption) Order 1977 ( S.I. No. 13 of 1977 ),
- (l) Mines (Electricity) (Amendment) Regulations 1979 ( S.I. No. 125 of 1979 ),
- (m) Quarries (Electricity) (Amendment) Regulations 1979 ( S.I. No. 126 of 1979 ),
- (n) Safety in Industry Acts 1955 and 1980 (Hoists and Hoistways) (Exemption) Order 1985 ( S.I. No. 100 of 1985 ),
- (o) Safety, Health and Welfare at Work (General Application) Regulations 1993 ( S.I. No. 44 of 1993 ), other than Part X and the Twelfth Schedule,
- (p) Safety, Health and Welfare at Work (Signs) Regulations 1995 ( S.I. No. 132 of 1995 ),
- (q) Safety, Health and Welfare at Work (Miscellaneous Welfare Provisions Regulations 1995 ( S.I. No. 358 of 1995 ),
- (r) Safety, Health and Welfare at Work (Children and Young Persons) Regulations 1998 ( S.I. No. 504 of 1998 ),
- (s) Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations 2000 ( S.I. No. 11 of 2000 ),
- (t) Safety, Health and Welfare at Work (Pregnant Employees etc.) Regulations 2000 ( S.I. No. 218 of 2000 ),
- (u) Safety, Health and Welfare at Work (General Application) (Amendment Regulations 2001 ( S.I. No. 188 of 2001 ),
- (v) Regulations 80 to 123 of the Safety, Health and Welfare at Work (Construction Regulations 2001 ( S.I. No. 481 of 2001 ),
- (w) Safety, Health and Welfare at Work (Explosive Atmospheres) Regulations 2003 ( S.I. No. 258 of 2003 ),
- (x) Safety, Health and Welfare at Work (Work at Height) Regulations 2006 ( S.I. No. 318 of 2006 ),
- (y) Safety, Health and Welfare at Work (Control of Vibration at Work) Regulations 2006 ( S.I. No. 370 of 2006 ), and
- (z) Safety, Health and Welfare at Work (Control of Noise at Work) Regulations 2006 ( S.I. No. 371 of 2006 ), except Regulation 11(3) of those Regulations.
- (2) Regulation 11(3) of the Safety, Health and Welfare at Work (Control of Noise at Work Regulations 2006 ( S.I. No. 371 of 2006 ) is revoked on 14 February, 2008.
Part 2 Workplace and Work Equipment
Chapter 1 — Workplace
Interpretation for Chapter 1.
4.
4. In this Chapter—
“place of work” means a place of work intended to house workstations on the premises of an undertaking and any other place within the area of the undertaking to which an employee has access in the course of his or her employment but does not include—
- (a) means of transport used outside the undertaking or a place of work inside a means of transport,
- (b) temporary or mobile work sites, including construction sites,
- (c) extractive industries,
- (d) fishing boats,
- (e) fields, woods and land forming part of an agricultural or forestry undertaking but situated away from the undertaking's buildings.
Stability and solidity.
5.
5. An employer shall ensure that buildings which house places of work shall have a structure and solidity appropriate to the nature of their use.
Ventilation of enclosed places of work.
6.
6. An employer shall ensure that—
- (a) sufficient fresh air is provided in enclosed places of work, having regard to the working methods used and the physical demands placed on the employer's employees,
- (b) if a forced ventilation system is used, it is maintained in working order and any breakdown is indicated by a control system if necessary for the safety and health of employees,
- (c) if air-conditioning or mechanical ventilation installations are used, they operate in such a way that employees are not exposed to draughts which cause discomfort, and
- (d) any deposit or dirt likely to create an immediate danger to the safety and health of employees by polluting the atmosphere is removed without delay.
Room temperature.
7.
7. (1) An employer shall ensure that—
- (a) during working hours, the temperature in rooms containing workstations is appropriate for human beings, having regard to the working methods being used and the physical demands placed on the employees,
- (b) for sedentary office work, a minimum temperature of 17.5°C, so far as is reasonably practicable, is achieved and maintained at every workstation after the first hour's work,
- (c) for other sedentary work, at every workstation where a substantial proportion of the work is done sitting and does not involve serious physical effort, a minimum temperature of 16°C is, so far as is reasonably practicable, achieved and maintained after the first hour's work,
- (d) means are available to enable persons at work to measure the temperature in any workplace inside a building,
- (e) the temperature in rest areas, rooms for duty staff, sanitary facilities, canteens and first-aid rooms is appropriate to the particular purpose of such areas, and
- (f) in relation to windows, skylights and glass partitions, excessive effects of sunlight are avoided in places of work, having regard to the nature of the work and the characteristics of the place of work.
- (2) The temperature referred to in paragraphs (1)(b) and (c) shall be a dry bulb temperature taken at the working position of the employee at 1.1 m above the floor surface.
- (3) Where, due to process requirements, a workplace temperature below 16°C is necessary the employer shall assess the risks and take any necessary measures to ensure the safety health and welfare of the employer's employees.
Natural and artificial lighting.
8.
8. An employer shall ensure that—
- (a) places of work receive, as far as possible, sufficient natural light and are equipped with artificial lighting adequate for the protection of the safety and health of the employer's employees,
- (b) lighting installations in rooms containing workstations and in passageways are placed in such a way that there is no risk of accident to the employer's employees as a result of the type of lighting fitted, and
- (c) places of work in which the employer's employees are especially exposed to risks in the event of failure of artificial lighting are provided with emergency lighting of adequate intensity.
Floors, walls, ceilings and roofs of rooms.
9.
9. (1) An employer shall ensure that—
- (a) the floors of rooms have no dangerous bumps, holes or slopes and are fixed, stable and, so far as is reasonably practicable, not slippery,
- (b) the surfaces of floors, walls and ceilings in rooms are such that they can be cleaned or refurbished to an appropriate standard of hygiene,
- (c) access to roofs and suspended ceilings made of materials of insufficient strength is not permitted unless—
- (i) equipment is provided to ensure that the work can be carried out in a safe manner, and
- (ii) appropriate warning signs in accordance with Part 7, Chapter 1 are placed at such access points,
- (d) transparent and translucent walls, in particular all-glass partitions, in rooms or in the vicinity of workstations and traffic routes are—
- (i) clearly indicated,
- (ii) made of safety material, or
- (iii) shielded from such places or traffic routes,
to prevent employees from coming into contact with the walls or being injured should the walls shatter, and
- (e) places of work containing workstations are adequately thermally insulated, bearing in mind the type of undertaking involved and the physical activity of the employees.
- (2) Paragraph (1)(e) does not apply to places of work in use prior to 31 December 1992 except as regards modifications, extensions or conversions made after that date.
Windows and skylights.
10.
10. An employer shall ensure that—
- (a) where it is possible for employees to open, close, adjust or secure windows skylights and ventilators—
- (i) it may be done safely, and
- (ii) when open, such windows, skylights and ventilators are not positioned so as to constitute a hazard to employees, and
- (b) windows and skylights can be cleaned without risk to the safety, health or welfare of persons carrying out this work or of other persons present—
- (i) by design,
- (ii) by being fitted with devices, or
- (iii) in conjunction with the use of equipment.
Doors and gates.
11.
11. An employer shall ensure that—
- (a) the position, number and dimensions of doors and gates, and the materials used in their construction, are determined by the nature and use of the rooms or areas and are appropriate for the safety, health and welfare of employees,
- (b) swing doors and swing gates are transparent or have see-through panels,
- (c) transparent doors are appropriately marked at a conspicuous level,
- (d) if transparent or translucent surfaces in doors and gates are not made of safety material and, if there is a danger that employees may be injured if a door or gate should shatter, the surfaces are protected against breakage,
- (e) sliding doors and sliding gates are fitted with a safety device to prevent them from being derailed or falling over,
- (f) doors and gates opening upwards are fitted with a mechanism to secure them against falling back,
- (g) there are doors or gates for pedestrian traffic in the immediate vicinity of gates intended primarily for vehicle traffic, unless it is safe for pedestrians to pass through, and such doors or gates are clearly marked and kept unobstructed at all times, and
- (h) mechanical doors and gates—
- (i) function in such a way that there is no risk of accident to employees,
- (ii) are fitted with easily identifiable and accessible emergency shut-down devices, and
- (iii) can be opened manually where they operate as an emergency exit, unless they open automatically in the event of a power failure.
Emergency routes and exits.
12.
12. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
- (a) emergency routes to emergency exits and the exits themselves are kept clear at all times and lead as directly as possible to the open air or to a safe area,
- (b) in the event of danger, it is possible for employees to evacuate all workstations quickly and as safely as possible,
- (c) the number, distribution and dimensions of the emergency routes and exits are adequate for the use, equipment and dimensions of the place of work and the maximum number of persons that may be present,
- (d) emergency exit doors open outwards,
- (e) any sliding or revolving doors that are fitted are not used, or intended to be used, as emergency exits,
- (f) emergency doors and gates are not so locked or fastened that they cannot be easily and immediately opened by any person who may need to use them in an emergency,
- (g) specific emergency routes and exits are indicated by signs in accordance with Part 7 Chapter 1 and such signs are placed at appropriate points and are adequately durable,
- (h) emergency routes and exits, and the traffic routes and doors giving access to them are free from obstruction so that they can be used at any time without hindrance, and
- (i) emergency routes and exits requiring illumination are provided with emergency lighting of adequate intensity in case the lighting fails.
Fire detection and fire fighting.
13.
13. Without predjudice to section 11 of the Act, the Fire Services Acts 1981 and 2003 (No. 30 of 1981 and No.15 of 2003) and other relevant legislation, an employer shall ensure that—
- (a) a place of work is equipped with appropriate fire-fighting equipment and, as necessary, fire detectors and an alarm system, taking account of—
- (i) the dimensions and use of the buildings,
- (ii) the equipment they contain,
- (iii) the physical and chemical characteristics of the substances present, and
- (iv) the maximum potential number of people present,
- (b) non-automatic fire-fighting equipment is—
- (i) easily accessible and simple to use, and
- (ii) indicated by signs in accordance with Part 7, Chapter 1 and the signs are placed at appropriate points and are adequately durable, and
- (c) fire detection equipment and fire-fighting equipment is—
- (i) inspected and maintained as frequently as necessary to ensure that it is in good working order, and
- (ii) serviced by a competent person as frequently as necessary.
Movement of pedestrians and vehicles in danger areas.
14.
14. An employer shall ensure that—
- (a) outdoor and indoor places of work are organised in such a way that pedestrians and vehicles can circulate in a safe manner,
- (b) traffic routes, including stairs, fixed ladders and loading bays and ramps, are designed, located and dimensioned to ensure easy, safe and appropriate access for pedestrians or vehicles in such a way as not to endanger employees employed in the vicinity of such routes,
- (c) routes used for pedestrian traffic or goods traffic, or for both, are dimensioned in accordance with the number of potential users and the type of undertaking,
- (d) sufficient safety clearance is provided for pedestrians if means of transport are used on traffic routes,
- (e) sufficient clearance is allowed between vehicle traffic routes and doors, gates passages for pedestrians, corridors and staircases,
- (f) pedestrian routes and traffic routes are clearly identified for the protection of employees, where the use and equipment of places of work so require, and
- (g) if the places of work contain danger areas in which, owing to the nature of the work there is a risk of an employee or objects falling, these are—
- (i) equipped, as far as possible, with devices preventing unauthorised employees from entering those areas, and
- (ii) clearly indicated, and
appropriate measures are taken to protect employees authorised to enter danger areas.
Specific measures for escalators and travelators.
15.
15. An employer shall ensure that escalators and travelators—
- (a) function safely,
- (b) are equipped with any necessary safety devices, and
- (c) are fitted with easily identifiable and accessible emergency shutdown devices.
Loading bays and ramps.
16.
16. An employer shall ensure that—
- (a) loading bays and ramps are suitable for the dimensions of the loads to be transported,
- (b) loading ramps are, as far as possible, safe enough to prevent employees from falling off,
- (c) loading bays have at least one exit point, and
- (d) loading bays longer than the width of 5 vehicles have an exit point at each end where technically feasible, or alternatively an appropriate refuge is provided which may be used to avoid persons at work being struck or crushed by a vehicle.
Room dimensions and air space in rooms and freedom of movement at the workstation.
17.
17. An employer shall ensure that—
- (a) workrooms have sufficient surface area, height and air space to allow employees to perform their work without risk to their safety, health or welfare, and
- (b) the dimensions of the free unoccupied area at a workstation are calculated to allow employees sufficient freedom of movement to perform their work and, where this is not possible for reasons specific to the workstation, the employee is provided with sufficient freedom of movement near his or her workstation.
General welfare requirements.
18.
18. An employer shall ensure that—
- (a) every place of work is kept in a clean state and accumulations of dirt, refuse, trade refuse and waste are removed by a suitable method as frequently as necessary to maintain an appropriate level of safety and health,
- (b) the floor of every workroom is cleaned by a suitable method as frequently as necessary to maintain an appropriate level of safety and health,
- (c) where any employees have in the course of their employment reasonable opportunities for sitting without detriment to their work or, where a substantial proportion of any work done by employees can properly be done sitting,
- (i) suitable facilities for sitting are provided and maintained for their use, or
- (ii) if this is not practical, they are otherwise ergonomically supported,
- (d) an adequate supply of potable drinking water is provided and maintained at suitable points conveniently accessible to all employees,
- (e) suitable and adequate facilities for boiling water and taking meals are provided and maintained for the use of employees, or that employees have reasonable access to other suitable and adequate facilities for the taking of meals, and
- (f) the taking of meals by employees is prohibited at any location in the place of work where there is likely to be a risk to safety, health or welfare.
Rest rooms and rest areas.
19.
19. An employer shall ensure that—
- (a) where, because of—
- (i) the type of activity carried out, or
- (ii) the presence of more than a certain number of employees, and
- (iii) the safety, health and welfare of employees so requires,
employees are provided with an easily accessible rest room or appropriate rest area except where the employees are employed in offices or similar workrooms providing relaxation during breaks,
- (b) rest rooms are large enough and equipped with tables with easily cleaned surfaces and seats with backs, adequate for the number of employees, and
- (c) if working hours are regularly and frequently interrupted and there is no rest room other rooms are provided in which employees can stay during such interruptions wherever this is required for the safety, health or welfare of employees.
Sanitary and washing facilities.
20.
20. An employer shall provide and maintain and keep in a clean state—
- (a) adequate and suitable sanitary and washing facilities for the use of employees,
- (b) an adequate number of lavatories and washbasins, with hot and cold running water in the vicinity of workstations, rest rooms, changing rooms and rooms housing showers,
- (c) separate use of lavatories or washbasins for men and women, when so required for reasons of propriety,
- (d) adequate and suitable showers for employees if required by the nature of the work or for health reasons related thereto, and in such case—
- (i) separate shower rooms or separate use of shower rooms for men and women,
- (ii) shower rooms which are sufficiently large to permit each employee to wash without hindrance in satisfactory conditions of hygiene, and
- (iii) showers which are equipped with hot and cold running water, and
- (e) easy access between the rooms housing showers or washbasins where they are separate from the changing rooms.
Changing rooms and lockers.
21.
21. (1) An employer shall provide or cause to be provided—
- (a) appropriate changing rooms for persons at work if they have to wear special work clothes and if, for reasons of health or propriety, they cannot be expected to change in another area, which are—
- (i) easily accessible,
- (ii) of sufficient capacity, and
- (iii) provided with seating,
- (b) separate changing rooms or separate use of changing rooms for men and women and
- (c) adequate provision for drying wet or damp work clothes.
- (2) If circumstances so require where work clothes are likely to be contaminated by dangerous substances, atmospheric conditions or the conditions of the place of work, an employer shall provide, or cause to be provided, facilities in changing rooms to enable working clothes to be kept in a place separate from personal clothing and effects.
- (3) If changing rooms are not required as referred to in paragraph (1), the employer shall ensure that every person at work is provided with a place to store his or her own clothes and personal effects.
Accommodation areas at a place of work.
22.
22. An employer shall ensure that fixed living accommodation areas provided for employees at a place of work—
- (a) are safe and without risk to health, and
- (b) unless used in exceptional cases—
- (i) have sufficient sanitary equipment,
- (ii) are equipped with beds, cupboards, tables and seats with backs, taking account of the number of persons at work, and
- (iii) are allocated taking account, where appropriate, of the presence of persons of both sexes.
Outdoor places of work, special provisions.
23.
23. An employer shall ensure that when employees are employed at outdoor workstations, the workstations are, as far as possible, arranged so that employees—
- (a) are protected against inclement weather conditions,
- (b) are not exposed to harmful influences such as gases, vapours or dust, in compliance with the relevant statutory provisions, and
- (c) cannot slip or fall.
Pregnant, postnatal and breastfeeding employees.
24.
24. An employer shall ensure that pregnant, postnatal and breastfeeding employees are able to lie down to rest in appropriate conditions.
Employees with disabilities.
25.
25. An employer shall ensure that places of work, where necessary, are organised to take account of persons at work with disabilities, in particular as regards doors, passageways, staircases showers, washbasins, lavatories and workstations used or occupied directly by those persons.
Agreements as to a premises used as a place of work.
26.
26. (1) If, by reason of an agreement between the owner of a premises used as a place of work and an employer, the owner or employer is prevented from carrying out any structural or other alterations in the premises which are necessary to enable the employer to comply with these Regulations,
- (a) the owner or employer may apply to the Circuit Court for an order under this Regulation, and
- (b) the Court, after hearing the parties and any witnesses whom they desire to call, may make an order setting aside or modifying the terms of the agreement, as the Court considers appropriate in the circumstances of the case.
- (2) Where, in any premises, the whole or any part of which has been let as a place of work,
- (a) any structural or other alterations are required in order to comply with any provision of these Regulations, and
- (b) the owner or employer, as the case may be, alleges that the whole or any part of the expenses of the alterations ought to be borne by the employer or owner,
the owner or employer may apply to the Circuit Court for an order under this Regulation and, after hearing the parties and any witnesses whom they desire to call, the Court—
- (i) may make such an order concerning the expenses, or their apportionment, as the Court considers appropriate in the circumstances of the case, regard being had to the terms of any contract between the parties, or,
- (ii) in the alternative, at the request of the owner or employer, may determine the lease on such terms, having regard to the provisions of the lease, as the Court considers appropriate.
Chapter 2 — Use of Work Equipment
Interpretation for Chapter 2.
27.
27. In this Chapter:
“carrier” means the device by which persons or goods, or both, are supported in order to be lifted, lowered or moved;
“danger zone” means any zone within or around work equipment in which an employee is subject to a risk to his or her safety or health;
“EC declaration of conformity” refers to a declaration of conformity issued pursuant to Directive 98/37/EC1 or Directive 2006/42/EC2 of the European Parliament and of the Council on the approximation of the laws of the Member States relating to machinery;
“exposed employee” means any employee wholly or partially in a danger zone;
“fishing vessel” means a vessel to which the Safety, Health and Welfare at Work (Fishing Vessels) Regulations 1999 ( S.I. No. 325 of 1999 ) apply;
“hoist or lift” means a lifting machine which has its direction of movement restricted by a guide or guides but, for the purpose of this Chapter, does not include a fork lift truck order picker, self-propelled variable reach truck or similar type equipment;
“lifting accessories” include clamps and similar attachments, chain slings, rope slings, rings hooks, shackles, swivels, spreader beams, spreader frames and any other item placed between lifting equipment and the load or on the load in order to attach it, but excluding features of the load used for its lifting;
“load” includes a person;
“non-integrated cage or basket” means one which is not equipped with controls that control its movement;
“selection, installation and use of work equipment” means any activity involving work equipment, including starting or stopping the equipment, its use, transport, repair modification, maintenance and servicing and cleaning;
“thorough examination” includes testing if—
- (a) a competent person considers it to be necessary for the purpose of the examination or
- (b) testing is required pursuant to Regulation 52 and Schedule 1.
Duties of employer, use of work equipment.
28.
28. An employer shall ensure that—
- (a) any work equipment provided for use by employees at a place of work complies, as appropriate, with the provisions of any relevant enactment implementing any relevant Directive of the European Communities relating to work equipment with respect to safety and health,
- (b) in selecting the work equipment, account is taken of the specific working conditions, characteristics and hazards in the place of work having regard to the safety and health of the employees and any additional hazards posed by the use of such work equipment,
- (c) the necessary measures are taken so that the work equipment is installed and located and is suitable for the work to be carried out, or is properly adapted for that purpose and may be used by employees without risk to their safety and health,
- (d) where it is not possible fully to ensure that work equipment can be used by employees without risk to their safety or health, appropriate measures are taken to minimise any such risk,
- (e) sufficient space to reduce such risks is provided between moving parts of work equipment and fixed or moving parts in its environment,
- (f) where the use of work equipment is likely to involve a specific risk to the safety or health of employees—
- (i) the use of such work equipment is restricted to those employees required to use it, and
- (ii) in cases of work involving repairs, modifications, maintenance or servicing of such work equipment, the employees concerned are competent to carry out such work,
- (g) the working posture and position of employees while using work equipment, and any ergonomic requirements, are taken into account having regard to the safety and health of the employees,
- (h) areas and points for working on, or maintenance of, work equipment are suitably lit having regard to the operation to be carried out,
- (i) work equipment parts at high or very low temperature are, where appropriate protected to avoid the risk of employees coming into contact or coming too close,
- (j) work equipment bears warnings and markings essential to ensure the safety and health of employees,
- (k) employees have safe means of access to, and egress from, and are able to remain safely in, all the areas necessary for production, adjustment and maintenance operations,
- (l) work equipment is used only for operations and under conditions for which it is appropriate,
- (m) all work equipment is appropriate for protecting employees against the risk of the work equipment catching fire or overheating, or of discharges of gas, dust, liquid vapour or other substances produced, used or stored in the work equipment,
- (n) all work equipment is appropriate for preventing the risk of explosion of the work equipment or of substances produced, used or stored in the work equipment,
- (o) work equipment is erected or dismantled under safe conditions in particular observing any instructions which may have been provided by the manufacturer,
- (p) work equipment which may be struck by lightning while being used is protected by devices or appropriate means against the effects of lightning, and
- (q) all forms of energy, substances and articles used or produced with work equipment are supplied or removed in a safe manner.
Information and instruction.
29.
29. An employer shall ensure that—
- (a) the necessary measures are taken so that employees have at their disposal adequate information and, where appropriate, written instructions on the work equipment containing at least adequate safety and health information concerning—
- (i) the conditions of use of work equipment,
- (ii) foreseeable abnormal situations, and
- (iii) the conclusions to be drawn from experience, where appropriate, in using such work equipment, and
- (b) employees are made aware of safety and health risks relevant to them associated with work equipment located at or near their workstation or to any changes relating to that work equipment, even if they do not use the equipment.
Inspection of work equipment.
30.
30. An employer shall ensure that—
- (a) where the safety of work equipment depends on the installation conditions—
- (i) an initial inspection is carried out after installation is completed and before it is first put into service, and
- (ii) an inspection is carried out after assembly at any new site or in any new location, and that the work equipment is installed correctly and is operating properly,
- (b) in the case of work equipment which is exposed to conditions causing deterioration liable to result in a danger to safety or health—
- (i) periodic inspections and, where appropriate, testing is carried out,
- (ii) special inspections are carried out when exceptional circumstances arise which are liable to make the work equipment unsafe, including modification work, accidents, natural phenomena or prolonged inactivity, and
- (iii) deterioration is detected and remedied in good time,
- (c) inspections carried out under paragraphs (a) and (b) are carried out by a competent person and are appropriate to the nature, location and use of the work equipment,
- (d) the results of inspections carried out under paragraphs (a) and (b) are recorded and kept available for 5 years from the date of inspection, for inspection by an inspector and access to these records is made available to users of the work equipment upon request, and
- (e) when work equipment is used in another place of work, it is accompanied by evidence of the last inspection carried out under paragraphs (a) and (b).
Maintenance.
31.
31. An employer shall ensure that—
- (a) throughout its working life work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of this Chapter,
- (b) where possible, maintenance operations are carried out when work equipment is shut down, and where this is not possible, appropriate protection measures are taken for the carrying out of such operations or such operations are carried out outside the area of danger,
- (c) work equipment is maintained in such a way as to reduce the risks to users of the work equipment and to other persons at work, and
- (d) a maintenance log for any machine is kept up to date.
Control devices.
32.
32. (1) An employer shall ensure that—
- (a) work equipment control devices which affect safety and health are clearly visible and identifiable and appropriately marked where necessary,
- (b) control devices are located outside danger zones except where necessary,
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