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S.I. No. 299/2007 - Safety, Health and Welfare at Work (General Application) Regulations 2007

Type Statutory Instrument

Publication 2007-06-14

Last updated 2023-05-26

State In force superseded text

Text As published

Source Irish Statute Book

articles 175

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

11 amending acts · 2023-05-26, S.I. No. 255/2023 - Safety, Health and Welfare at Work (General Application) (Amendment) …

Reform history JSON API

(d) the operation of control devices cannot give rise to any hazard as a result of any unintentional operation,

(e) the absence of persons in the danger zones is verifiable from the main control position if necessary,

(f) where it is impracticable to comply with paragraph (e), a safe system such as an audible or visible warning signal, or such a signal that is both audible and visible, is given automatically whenever the machinery is about to start,

(g) an exposed employee has the time, the means, or both, quickly to avoid hazards caused by the starting or stopping, or both, of the work equipment,

(h) control systems are safe, and are chosen making appropriate allowances for the failures, faults and constraints to be expected in the planned circumstances of use,

(i) it is possible to start work equipment only by deliberate action on a control provided for the purpose,

(j) a control is included in work equipment to—

(i) restart it after a stoppage for whatever reason, and

(ii) to control a significant change in the operating conditions

unless such a restart or change does not subject exposed employees to any hazard,

(k) all work equipment is fitted with a control to stop it completely and safely,

(l) each workstation is fitted with a control to stop some or all of the work equipment depending on the type of hazard, so that the equipment is in a safe state,

(m) the equipment's stop control has priority over the start controls and, when the work equipment or the dangerous parts of it have stopped, the energy supply of the actuators concerned is switched off, and

(n) where appropriate, and depending on the hazards the equipment presents and its normal stopping time, work equipment is fitted with an emergency stop device.

(2) Paragraph (1)(j) does not apply to restarting or a change in operating conditions as a result of a normal operating cycle of an automatic device.

Guards and protection devices.

33.

33. An employer shall ensure that—

(a) work equipment presenting risk due to falling objects or projections is fitted with appropriate safety devices corresponding to the risk,

(b) work equipment presenting hazards due to emissions of gas, vapour, liquid or dust is fitted with appropriate containment devices, extraction devices, or both, near the sources of the hazard,

(c) work equipment and parts of such equipment are, where necessary for the safety and health of employees, stabilised by clamping or some other means,

(d) where there is a risk of rupture or disintegration of parts of work equipment, likely to pose significant danger to the safety and health of employees, appropriate protection measures are taken,

(e) where there is a risk of physical contact with moving parts of work equipment which could lead to accidents, those parts are provided with guards or protection devices to prevent access to danger zones or to halt movement of dangerous parts before the danger zones are reached,

(f) guards and protection devices where required under subparagraph (e)—

(i) are of robust construction,

(ii) do not give rise to any additional hazard,

(iii) are not easily removed or rendered inoperative,

(iv) are situated at sufficient distance from the danger zone,

(v) do not restrict more than necessary the view of the operating cycle of the equipment,

(vi) allow operations necessary to fit or replace parts, and

(vii) restrict access for maintenance work only to the area where the work is to be carried out, if possible, without removal of the guard or protection device,

(g) warning devices on work equipment are unambiguous and easily perceived and understood, and

(h) any part of a stock-bar which projects beyond the headstock of a lathe is securely fenced unless it is in such a position as to be safe to employees as it would be if securely fenced.

Connection to energy sources.

34.

34. An employer shall ensure that—

(a) all work equipment is fitted with clearly identifiable means to isolate it from all its energy sources, and

(b) the reconnecting of the work equipment to its energy sources poses no risk to the employees concerned.

Contact with wheels or tracks of mobile work equipment.

35.

35. An employer shall ensure that work equipment with ride-on employees is fitted out in such a way as to reduce the risks for employees during the journey, including risk of contact with or trapping by wheels or tracks.

Drive systems of mobile work equipment.

36.

36. An employer shall ensure that—

(a) where an inadvertent seizure of the drive unit between an item of mobile work equipment and its accessories or anything towed, or both, creates a specific risk, the work equipment is equipped or adapted to prevent blockages of the drive units and where such seizure cannot be avoided, every possible measure is taken to avoid any adverse effects on employees, and

(b) where drive shafts for the transmission of energy between mobile items of work equipment can become soiled or damaged by trailing on the ground, facilities are available for fixing them.

Combustion engines of mobile work equipment.

37.

37. An employer shall ensure that mobile work equipment with a combustion engine is not used in working areas unless -

(a) specific provision is made for conducting the exhaust gases from the engine into the open air, or

(b) the working area is adequately ventilated so as to prevent danger to health from the exhaust gases.

Roll-over of mobile work equipment.

38.

38. (1) An employer shall ensure that mobile work equipment with ride-on employees is designed to restrict, under actual conditions of use, the risks arising from roll over of work equipment either by—

(a) a protection structure to ensure that the equipment does not tilt by more than a quarter turn,

(b) a structure giving sufficient clearance around the ride-on employees if the tilting movement can continue beyond a quarter turn, or

(2) The protection structures referred to in paragraph (1) may be an integral part of the work equipment but are not required when the work equipment is stabilised during operation or where the design makes roll over impossible.

(3) An employer shall ensure that where there is a risk of a ride-on employee being crushed between parts of the work equipment and the ground should the equipment roll over a restraining system for the ride-on employees is installed.

Fork-lift trucks.

39.

39. An employer shall ensure that a fork-lift truck carrying one or more employees is equipped or adapted to limit the risk of it overturning—

(a) by the installation of an enclosure for the driver,

(b) by a structure preventing the fork-lift truck from overturning,

(c) by a structure ensuring that, if the fork-lift truck overturns, sufficient clearance remains between the ground and appropriate parts of the fork-lift truck for the employees carried, or

(d) by a structure restraining the employees on the driving seat so as to prevent them from being crushed by parts of the fork-lift truck which overturns.

Safety of self-propelled work equipment.

40.

40. An employer shall ensure that—

(a) self-propelled work equipment is operated only by competent persons who have been appropriately trained, and

(b) self-propelled work equipment, which when in motion may create risks for persons—

(i) has facilities for preventing unauthorised start-up;

(ii) has 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;

(iii) has a device for braking and stopping equipment;

(iv) in the event of failure of the main facility for braking and stopping equipment where safety constraints so require, has available emergency facilities operated by readily accessible controls or automatic systems for braking and stopping the equipment;

(v) has adequate auxiliary devices installed to improve visibility where the driver's direct field of vision is inadequate;

(vi) is equipped with lighting appropriate to the work to be carried out and ensures sufficient safety for employees where designed for use at night or in dark places;

(vii) is equipped with appropriate fire-fighting appliances where such appliances are not available sufficiently nearby at the place of use, where such work equipment constitutes a fire hazard, either on its own or in respect of whatever it is towing or carrying, or both, and is liable to endanger employees;

(viii) if remote-controlled, stops automatically once it leaves the control range;

(ix) if it

(I) is remote-controlled, and

(II) creates, in normal conditions a crushing or impact hazard,

has facilities to guard against that hazard, unless other appropriate devices are present to control the hazard.

Traffic rules for mobile work equipment.

41.

41. An employer shall ensure that—

(a) if work equipment is moving around in a work area, appropriate traffic rules are drawn up and followed,

(b) organisational measures are taken to prevent employees on foot coming within the area of operation of self-propelled work equipment and, if work can be done properly only if employees on foot are present, appropriate measures are taken to prevent them from being injured by the equipment, and

(c) the transport of employees on mechanically driven mobile work equipment is only permitted where safe facilities are provided to this effect and if work is carried out during the journey, speeds are adjusted as necessary.

Work equipment for lifting loads.

42.

42. An employer shall ensure that—

(a) all lifting operations are properly planned, appropriately supervised and carried out to protect the safety of employees,

(b) when work equipment for lifting loads is installed permanently, its strength and stability during use is assured, having regard to the loads to be lifted and the stress induced at the mounting or fixing points of the structure,

(c) lifting equipment designed for low frequency use is not installed where its anticipated use will render the equipment unsuitable,

(d) machinery for lifting loads is clearly marked to indicate its safe working load, and where appropriate the safe working load for each configuration of the machinery,

(e) work equipment which is not designed for lifting persons is appropriately and clearly marked to this effect,

(f) every drum or pulley round which the chain or wire rope of any lifting equipment is carried is of suitable diameter and construction for the chain or rope used,

(g) every chain or rope which terminates at the winding drum of any lifting equipment is properly secured thereto and at least two turns of such chains or rope remain on such drum in every operating position of the equipment,

(h) permanently installed work equipment is installed in such a way as to reduce the risk of the load—

(i) striking employees,

(ii) drifting dangerously or falling freely, and

(iii) being released unintentionally,

(i) work equipment which is mobile or can be dismantled and which is designed for lifting loads is used in such a way as to ensure the stability of the work equipment during use under all foreseeable conditions, taking into account the nature of the ground,

(j) lifting equipment is not used beyond its safe working load except when being tested under the direction of a competent person,

(k) unless required for the effective operation of the work, measures are taken to ensure that employees are not present under suspended loads,

(l) loads are not moved above unprotected workplaces usually occupied by employees and

(m) if the hazards referred to in paragraphs (k) and (l) cannot be avoided, appropriate procedures are laid down and applied where work cannot be carried out properly any other way.

Cranes.

43.

43. (1) An employer shall ensure that, without prejudice to Regulations 42 and 45,

(a) every crane of variable operating radius, before it is taken into use—

(i) has plainly marked upon it or within the cab the safe working load at various radii of the jib, trolley or crab, and in the case of a crane with a derricking jib the maximum radius at which the jib may be worked,

(ii) is fitted with a suitable accurate automatic safe load indicator or rated capacity indicator, clearly visible to the driver showing at any time the radius of the jib, trolley or crab and the safe working load corresponding to that radius unless-

(I) it is a guy derrick crane (being a crane of which the mast is held upright solely by means of ropes with the necessary fittings and tightening screws),

(II) it is a hand crane which is being solely used for erecting or dismantling another crane, or

(III) it has been assigned by a competent person a safe working load of 1,000 kg or less, and

(iii) has an automatic safe load indicator or rated capacity indicator, if required under subparagraph (ii), which is—

(I) properly maintained,

(II) correctly used, and

(III) tested by a competent person after erection, installation or alteration of the crane for the purpose of any work before the crane is taken into use or returned to use as the case may be,

(b) in the case of a crane which is on occasion dismantled or partially dismantled any jib or boom which is separated from the crane in dismantling is clearly marked so as to indicate the crane of which it is a part,

(i) such means as will minimise the risk of the accidental raising or lowering of the jib, and

(ii) a jib that does not exceed the maximum radius specified by the manufacturer or by a competent person in a report pursuant to Regulation 53,

(d) a crane travelling on rails is provided with deflector plates to remove from the rails any loose material likely to cause danger,

(e) where the safety of work equipment depends on the installation conditions on a construction site—

(i) after each assembly of a tower crane or after any adjustment to any member which may affect the strength or stability of the crane, and before it is put into use, it is subject to a static test with a test coefficient of 1.25 and a dynamic test with a test coefficient of 1.1, taking account of any direction from the machine manufacturer, and

(ii) where the stability of a crane is secured by means of removable weights, a diagram or notice indicating the amount and position of such weights is affixed on the crane so that it can be readily seen and each such removable weight is clearly marked with its correct weight, and

(f) notwithstanding any other provisions of this Chapter, lifting equipment used on a construction site is examined weekly by the user as regards features related to its safe working and a record of the results is kept in a suitable form which is kept available for inspection by an inspector for 3 months from the date of examination.

(2) The use of an excavator, telehandler, loader or combined excavator/loader as a crane is subject to Part C of Schedule 1.

Support of lifting equipment.

44.

44. An employer shall ensure that every platform or support, whether fixed or mobile, upon or from which lifting equipment is mounted or supported is suitable for the purpose.

Work equipment for lifting goods or persons.

45.

45. An employer shall ensure that—

(a) persons may be lifted only by means of work equipment and accessories suitable for this purpose, and

(b) work equipment for lifting or moving persons or for lifting goods is, where applicable, provided such as to—

(i) prevent the risk of the carrier falling, where one exists, by the use of suitable devices,

(ii) prevent the risk of the user falling from the carrier, where one exists,

(iii) prevent the risk of persons being crushed, trapped or struck, in particular through inadvertent contact with objects,

(iv) where the carrier has a roof, be equipped with a suitable inspection control station and stopping device,

(v) where, in respect of a carrier with a roof, a hazard exists by virtue of the free distance in the horizontal plane beyond and perpendicular to the carrier's outer edge exceeding 0.30 m, measures to address the hazard, and

(vi) ensure that persons trapped in the carrier in the event of an incident are not exposed to danger, can raise the alarm and can be freed, and

(c) where, for reasons inherent in the site and height differences, the risks referred to in subparagraph (b)(i) cannot be avoided by other safety measures, an enhanced safety coefficient suspension rope is installed and checked every working day.

Hoists and lifts.

46.

46. (1) Without prejudice to Regulations 42 and 45, this Regulation applies to a hoist, lift hoistway or liftway subject to the conditional exemptions under Part A of Schedule 1.

(2) An employer shall ensure that—

(a) every hoistway or liftway is efficiently protected by a substantial enclosure fitted with gates so as to prevent, when the gates are shut,

(i) any person falling down the way, or

(ii) coming into contact with any moving part of the hoist or lift,

(b) any gate referred to in subparagraph (a) is fitted with efficient interlocking or other devices to ensure that the gate cannot be opened except when the carrier is at the landing and that the carrier cannot be moved away from the landing until the gate is closed,

(c) every hoist or lift and every such enclosure as is referred to in subparagraph (a) is constructed so as to prevent any part of any person or any goods carried in the hoist or lift being trapped between—

(i) any part of the hoist or lift and any fixed structure, or

(ii) between the counterbalance weight and any other moving part of the hoist or lift,

(d) efficient devices which will support the carrier together with its safe working load in the event of failure of the hoisting system are provided and maintained, where practicable, in connection with every hoist or lift,

(e) efficient automatic devices are provided and maintained in connection with every hoist or lift which will ensure that the carrier does not overrun the highest point set for its intended travel,

(f) every hoist or lift is installed so that it can be operated at any one time only from one position and is not operated from the carrier unless the requirements of subparagraph (h) are complied with,

(g) the carrier bears an easily visible plate clearly showing the rated load in kilograms and, if applicable, the maximum number of passengers which may be carried, and

(h) in the case of hoists and lifts used for carrying persons, whether together with goods or otherwise,

(i) efficient automatic devices are provided and maintained to prevent the carrier overrunning,

(ii) every carrier on each side from which access is afforded to a landing is fitted with a gate and, in connection with every such gate, efficient devices are provided to secure that, when persons or goods are in the carrier, the carrier cannot be raised or lowered unless the gate is closed and comes to rest when the gate is opened,

(iii) in the case of a hoist or lift where the carrier is suspended by rope or chain there are at least two ropes or chains separately connected to the carrier, each rope or chain and its attachments being capable of carrying the whole weight of the carrier and its maximum working load,

(iv) efficient devices are provided and maintained which will support the carrier with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments, and

(v) suitable efficient automatic devices are provided which will ensure that the carrier comes to rest at a point above the lowest point to which the carrier can travel.

(3) This Regulation applies to a hoist, lift, hoistway or liftway, subject to the conditional exemptions under Part A of Schedule 1, and any reference to a gate includes reference to a door where the context so requires.

(4) An employer shall ensure that hoists or lifts or hoistways or liftways of a class or description specified in Part A of Schedule 1 are subject to the conditions set out therein

Winch-operated hoists and lifts.

47.

47. An employer shall ensure that—

(a) where a hoist or lift is operated by means of a winch, the winch is so constructed that the brake is applied when the control device is not held in the operating position, and

(b) a hoist is not operated by a winch where it is fitted with a pawl and ratchet gear on which the pawl has to be disengaged before the carrier can be lowered.

Conditions regarding lifting of persons.

48.

48. (1) An employer shall ensure that work equipment not specifically designed for the purpose of lifting persons is not used to this effect other than in exceptional circumstances and subject to the following conditions:

(a) appropriate action including adequate supervision is taken to ensure safety;

(b) while employees are on work equipment designed for lifting loads, the control position is manned at all times;

(d) in the event of danger, there is reliable means of evacuating persons from lifting equipment;

(e) the ground underneath the equipment is even and reasonably flat;

(f) the equipment is stable under all circumstances;

(g) persons in a nonintegrated cage or basket cannot reach the controls or other dangerous parts of the lifting machine;

(h) the cage/basket is properly secured to the lifting machine;

(i) the total load is less than half the rated capacity of the lifting equipment;

(j) the lifting equipment has a capacity not less than 1,000 kg unless its manufacturer indicates that the machine is suitable for such use;

(k) hydraulically-operated machines are fitted with check valves on the hydraulic lifting cylinders, or some other suitable device, to prevent a gravity fall of the load in the event of a hydraulic failure.

(2) An employer shall ensure that lifting equipment with provision for free fall is not used to lift persons.

Lifting accessories.

49.

49. An employer shall ensure that—

(a) lifting accessories are 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,

(b) lifting accessories are stored in a way that ensures that they will not be damaged or degraded, and

(c) lifting accessories are marked in such a way that it is possible to identify the characteristics essential for safe use, having regard to Regulation 57.

Work equipment for lifting non-guided loads.

50.

50. An employer shall ensure that—

(a) when two or more items of work equipment used for lifting non-guided loads are installed or erected on a site in such a way that their working radii overlap appropriate measures are taken to avoid collision between loads or the work equipment parts themselves, or both,

(b) when using mobile work equipment for lifting non-guided loads,

(i) measures are taken to prevent the equipment from tilting, overturning or, if necessary, moving or slipping, and

(ii) checks are made to ensure that the measures are executed properly,

(c) if the operator of work equipment designed for lifting non-guided loads cannot observe the full path of the load either directly or by means of auxiliary equipment providing the necessary information,

(i) a competent person is in communication with the operator to guide him or her, and

(ii) organisational measures are taken to prevent collisions of the load which could endanger employees,

(d) work is organised in such a way that, when an employee is attaching or detaching a load by hand, it can be done safely, in particular through the employee retaining direct or indirect control of the work equipment,

(e) if a load has to be lifted by two or more pieces of work equipment for lifting non-guided loads simultaneously, a procedure is established and applied to ensure good co-ordination on the part of the operators,

(f) if work equipment designed for lifting non-guided loads cannot maintain its hold on the load in the event of a complete or partial power failure, appropriate measures are taken to avoid exposing employees to any resultant risks,

(g) suspended loads are not left without surveillance unless access to the danger zone is prevented and the load has been safely suspended and is safely held,

(h) open air use of work equipment designed for lifting non-guided loads is halted when meteorological conditions deteriorate to the point of jeopardising the safe use of the equipment and exposing employees to risks, and

(i) adequate protection measures, in particular to avoid work equipment turning over are taken to avoid any risks to employees.

Lifting equipment—signalling and operation.

51.

51. An employer shall ensure that—

(a) lifting equipment is operated by a competent person or by a person who is under the direct supervision of a competent person for the purpose of training,

(b) no person under 18 years of age is employed to—

(i) give signals to the operator of lifting equipment driven by mechanical power or

(ii) to operate any such equipment,

(i) is distinctive in character, and

(ii) such that the person to whom it is given is able to hear or see it easily, and

(d) signalling devices are—

(i) properly maintained, and

(ii) the means of communication are adequately protected from accidental interference.

Examination and testing of lifting equipment.

52.

52. (1) An employer shall ensure that, without prejudice to Regulation 30,

(a) fixed work equipment for lifting loads, including rail mounted work equipment for lifting loads, is not taken into use for the first time unless—

(i) it has been tested and thoroughly examined by a competent person, and

(ii) a certificate of test and examination specifying the safe working load and, if appropriate, the maximum numbers of persons permitted has been obtained,

(b) mobile work equipment for lifting loads is not taken into use in any place of work for the first time unless—

(i) it has been examined and certified in accordance with this Regulation, or

(ii) it is a new machine and which—

(I) is CE marked in accordance with the relevant directives of the European Communities,

(II) is accompanied by an EC declaration of conformity in accordance with the relevant directives of the European Communities,

(III) is accompanied by a certificate of test and examination for that machine signed by the person making the test, specifying the safe working load and

(IV) has not been reassembled since dispatch from the manufacturer,

(i) any alteration or repair is carried out to lifting equipment or a lifting accessory, and

(ii) the alterations or repairs are relevant to the safe operation of the equipment,

the equipment is examined by a competent person in compliance with this Regulation before the equipment's return to service, and

(d) where a report of an examination pursuant to paragraph (3) specifies conditions for the safe working of the equipment, the equipment is used only in accordance with those conditions.

(2) In the case of work equipment to which paragraph (1)(b)(ii) applies, the period to the first examination pursuant to paragraph (3) shall be determined by reference to the date of the certificate referred to in paragraph (1)(b)(ii)(III).

(3) Without prejudice to Regulation 30, an employer shall ensure that work equipment of a type or class listed in column 1 of Parts B or C of Schedule 1 is not used unless it has been examined by a competent person at least once in the period specified in column 2 of Parts B or C of that Schedule or as required under the other circumstances described in Part C.

(4) Where equipment referred to in paragraph (3) has already been thoroughly examined in accordance with the relevant statutory provisions in force prior to the introduction of these Regulations, the beginning of the period referred to in paragraph (3) shall be deemed to be the date of the last such examination.

(5) The requirements of this Regulation do not apply to the work equipment listed under Part D of Schedule 1.

(6) Where a thorough examination has been carried out in compliance with the relevant statutory provisions in force immediately before the commencement of these Regulations the examination shall be regarded as being in compliance with this Chapter and this Regulation does not apply until after the expiry of the period specified under those statutory provisions.

(7) An employer shall ensure that a thorough examination is carried out as soon as practicable if one is outstanding under the relevant statutory provisions from the period before the commencement of these Regulations.

Reports by competent persons.

53.

53. (1) A competent person carrying out an examination under Regulation 52 shall—

(a) prepare a report of the result of every examination and test as referred to in Regulation 52 containing the particulars that are set out in Part E of Schedule 1,

(b) where work equipment is examined pursuant to Regulation 52 and the examination reveals that the equipment can only be used safely if certain repairs are carried out or if the person making the examination foresees a need for such repairs—

(i) inform in writing the owner and user of the need for such repairs or the potential need,

(ii) not later than 20 days after the completion of the examination, send a copy of the report of the examination to the Authority where immediate cessation of the work has been advised, and

(iii) in the case of potential need for repairs, specify the period within which, in his or her opinion, the repairs shall be carried out.

(2) A competent person carrying out an examination under Regulation 52(3) may specify a period less than that in column 2 of Parts B or C of Schedule 1 if in that person's opinion a more frequent examination is required but, if this is done, he or she shall provide the reason for the opinion in writing to the owner and user of the work equipment.

Keeping of records and registers of lifting equipment.

54.

54. (1) An employer shall ensure that a report produced under Regulation 53, or a copy of it—

(a) is kept at the place of work when the lifting equipment is permanently located there,

(b) in the case of lifting equipment on a construction site, is kept at the site office or at the business address of the contractor for whom the report was made, and

(c) in the case of mobile equipment, is kept on the equipment in addition to being available for inspection at the address of the equipment owner.

(2) An employer shall ensure that—

(a) a register of lifting equipment and lifting accessories containing details of the equipment, distinguishing number, date of first use and date of last thorough examination and testing is maintained and kept available for inspection by an inspector, and

(b) if the equipment does not have a distinguishing number or mark, one of long lasting duration is provided.

Safe working loads for excavators, draglines, telehandlers, loaders or combined excavators and loaders when used as cranes.

55.

55. (1) In this Regulation, reference to “machine” is a reference to an “excavator, dragline telehandler, loader or combined excavator and loader when used as a crane”.

(2) An employer shall ensure that—

(a) before a machine to which this Regulation applies is first used, a competent person—

(i) specifies the safe working load or loads which may be raised and lowered by the machine, or where its safe working load depends on the configuration of the machine, its safe working load for the different configurations are determined, and

(ii) provides a signed certificate specifying the safe working load and any necessary safety provisions,

(b) the certificate referred to in subparagraph (a)(ii) is kept available for inspection with the machine,

(c) a machine is not loaded beyond the relevant safe working load specified in the certificate required by subparagraph (a)(ii),

(d) the specified safe working load or loads and the outrigger position and the length of jib or boom to which the safe working loads relate is either plainly marked on the machine or a copy of the table relating safe working loads to the distance worked is affixed in a clearly visible position in the driver's cab,

(e) if, after the issue of the certificate required by subparagraph (a)(ii), a machine undergoes any substantial alteration or repair likely to affect the specified safe working loads, that certificate is cancelled and a new certificate is obtained,

(f) hydraulically-operated machines, except for machines with a maximum rated lift capacity of a 1,000 kg or less, are fitted with check valves on the cylinders used for lifting or by another means to prevent a gravity fall of the load in the event of a hydraulic failure,

(g) in the case of a telehandler, the safe working load is not greater than 1,000 kg unless fitted with an automatic safe load indicator or rated capacity indicator,

(h) unless a machine is fitted with an automatic safe load indicator or a rated capacity indicator, the safe working load is the same for all radii at which a jib or boom is operated and is not greater than the load which the machine in its least stable configuration is designed to lift with that jib or boom,

(i) means of identification are plainly marked on machines to which this Regulation applies, and

(j) machines to which this Regulation applies are examined and tested periodically in accordance with Parts B and C of Schedule 1.

Specific requirements for scotch and guy derrick cranes.

56.

56. An employer shall ensure that, where a scotch and guy derrick crane is to be used,

(a) the jib of a scotch derrick crane is not erected between the back stays of the crane,

(b) a load which lies in the angle between the back stays of a scotch derrick crane is not moved by that crane,

(c) appropriate measures are taken to prevent the foot of the king post of any scotch derrick crane from being lifted out of its socket or support whilst in use, and

(d) where the guys of a guy derrick crane cannot be fixed at approximately equal inclinations to the mast so that the angles between adjacent pairs of guys are approximately equal, such other measures are taken as will ensure the stability of the crane.

Construction, testing, examination and safe working load of lifting accessories.

57.

57. (1) An employer shall ensure that—

(a) subject to paragraph (2), a chain, rope or other lifting accessory is not used in raising or lowering or as a means of suspension unless—

(i) it is of good construction, sound material, adequate strength, suitable quality and free from patent defect,

(ii) it is properly installed and used,

(iii) it is properly maintained,

(iv) it is used only for the purpose for which it was intended,

(v) except in the case of a fibre rope or fibre rope sling, it has been tested and examined by a competent person and there has been obtained a certificate of such test and examination specifying the safe working load and signed by the person making, or responsible for, the carrying out of the test and examination,

(vi) in the case of a fibre rope or fibre rope sling, information from the manufacturer on its safe working load is available, and

(vii) it is marked in plain legible figures and letters with the safe working load and a means of identification, unless paragraph (2) applies to the safe working load,

(b) a chain, rope or lifting gear is not loaded beyond its safe working load except for testing purposes as specified by, and under the direction of, a competent person appointed to carry out the tests,

(i) provided with an efficient device to prevent the displacement of the sling or load from the hook, or

(ii) of such shape as to reduce as far as possible the risk of such displacement,

(d) a sling used for raising or lowering on a lifting appliance is securely attached to the appliance and the method of attachment is not a method likely to result in damage to any part of the sling or to any lifting gear supporting it,

(e) a double or multiple sling is not used for raising or lowering if—

(i) the upper ends of the sling legs are not connected by means of a shackle, ring or link of adequate strength, or

(ii) the safe working load of any sling leg is exceeded because of the angle between the sling legs,

(f) where a load is being lifted or otherwise moved, adequate steps are taken by the use of suitable packing, or otherwise, to prevent the edges of the load from coming into contact with a sling, rope or chain, where this would involve risk of personal injury,

(g) a load is not raised, lowered or suspended on a chain or wire rope which has a knot tied in any part of the chain or rope under direct tension,

(h) a chain which is shortened or joined to another chain by means of bolts and nuts inserted through the links is not used for raising, lowering or suspending any load and

(i) where a chain or lifting gear is made of such material that would require annealing or a form of heat treatment to ensure its safety, the chain or lifting gear—

(i) is effectively annealed or subjected to an appropriate form of heat treatment under the supervision of a competent person and at intervals as specified by a competent person, and

(ii) is not used in raising or lowering or as a means of suspension unless a report has been made in writing of every annealing or appropriate heat treatment signed by the competent person under whose supervision the annealing or heat treatment was carried out.

(2) Where the safe working load of a rope or rope sling is—

(a) contained in the report made pursuant to Regulation 53 and the rope or sling is so marked as to enable its safe working load as specified in that report to be ascertained from the report, or

(b) in the case of a fibre rope or a fibre rope sling, contained in a table of safe working loads clearly visible in a prominent position at the workplace

the ropes or rope slings do not need to be marked with their safe working load.

Delivery of loads with lifting accessories attached.

58.

58. Where—

(a) any article, material or other load intended for use in construction work is delivered at, or adjacent to, a construction site with a chain, rope or other lifting accessory attached thereto and designed for use as a means of raising and lowering that class of load when removing the same from the point of delivery to a position on the site and

(b) the chain, rope or gear is free from patent defect whether of construction or quality and is not owned or hired by any contractor who is undertaking construction work on the site,

this Chapter does not apply in respect of the use of such chain, rope or lifting gear for raising or lowering the load so long as the chain, rope or gear remains attached to the article, material or load.

Duty of persons who hire lifting equipment to others.

59.

59. Without prejudice to section 16 of the Act, a person who hires out lifting equipment for use by others, shall comply with the duties set out in Regulations 52 and 54.

Duty of the master of a ship in respect of examination of lifting equipment.

60.

60. The master of a ship shall comply with the duties set out in Regulations 52 and 54.

Duty of the owner of a fishing vessel in respect of examination of lifting equipment.

61.

61. The owner of a fishing vessel shall comply with the duties set out in Regulations 52 and 54.

Chapter 3 — Personal Protective Equipment

Provision of personal protective equipment.

62.

62. (1) An employer shall ensure that, without prejudice to section 8 of the Act, personal protective equipment is provided for use by the employer's employees where risks at a place of work to the safety or health of employees cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organisation.

(2) Without prejudice to the generality of paragraph (1), an employer when providing personal protective equipment shall take into account the appropriate matters specified in Schedule 2.

(3) Without prejudice to section 16 of the Act, an employer shall ensure that personal protective equipment provided under these Regulations complies with relevant European Community directives regarding design and manufacture of personal protective equipment with respect to safety and health.

Assessment of personal protective equipment.

63.

63. (1) Before choosing any personal protective equipment required to be provided under Regulation 62, an employer shall make an assessment to determine whether such equipment satisfies the requirements of this Regulation and Regulations 62 and 64.

(2) The assessment required by paragraph (1) shall consist of—

(a) an analysis and assessment of risks present which cannot be avoided by other means,

(b) the definition of the characteristics which personal protective equipment must have in order to be effective against the risks referred to in subparagraph (a), taking into account any risks which this equipment itself may create, and

(c) comparison of the characteristics of the personal protective equipment available with the characteristics referred to in subparagraph (b).

(3) An employer shall review forthwith the assessment required by paragraph (1) if any alteration takes place in any of the matters referred to in paragraph (2) and, where as a result of this review changes in the assessment are required, such changes shall be made.

Conditions of use and compatibility.

64.

64. (1) Where it is necessary for an employee to use personal protective equipment, the employer shall determine the conditions of use of such equipment, in particular the period for which it is worn, on the basis of—

(a) the seriousness of the risk,

(b) the frequency of the exposure to the risk,

(d) the adequacy of the personal protective equipment.

(2) An employer shall ensure that personal protective equipment is used only for the purposes specified, except in specific and exceptional circumstances.

(3) Where it is necessary for an employee to wear simultaneously more than one item of personal protective equipment, the employer shall ensure that such items of personal protective equipment are compatible with each other and continue to be effective against the risks involved.

Personal use.

65.

65. (1) An employer shall ensure that—

(a) the use of an item of personal protective equipment provided by the employer under Regulation 62 is normally confined to one employee, and

(b) where it is necessary for an item of personal protective equipment to be worn by more than one employee, such use does not create health or hygiene problems for any user.

(2) An employee to whom personal protective equipment is made available under these Regulations shall take all reasonable steps to ensure that such equipment is returned to storage after use by him or her.

Maintenance and replacement.

66.

66. An employer shall ensure that any personal protective equipment provided by the employer under Regulation 62 is maintained at all times in good working order and in a satisfactory hygienic condition by means of any necessary storage, maintenance, repair or replacement.

Information, training and instruction.

67.

67. Where an employer provides personal protective equipment for use by an employee under Regulation 62, the employer, without prejudice to sections 9 and 10 of the Act, shall—

(a) inform the employee of the risks against which the wearing of the equipment protects him or her,

(b) provide the employee with adequate information on the personal protective equipment provided,

(c) inform the employee of the level of protection afforded by the personal protective equipment provided for his or her use,

(d) provide the employee with instruction on the use of such personal protective equipment, and

(e) arrange for training and, if appropriate, organise demonstrations in the wearing of such equipment.

Chapter 4 — Manual Handling of Loads

Interpretation for Chapter 4.

68.

68. In this Chapter, “manual handling of loads” means any transporting or supporting of a load by one or more employees and includes lifting, putting down, pushing, pulling, carrying or moving a load, which, by reason of its characteristics or of unfavourable ergonomic conditions, involves risk, particularly of back injury, to employees.

Duties of employer.

69.

69. An employer shall—

(a) take appropriate organisational measures, or use the appropriate means, in particular mechanical equipment, to avoid the need for the manual handling of loads by the employer's employees,

(b) where the need for the manual handling of loads by the employer's employees cannot be avoided, take appropriate organisational measures, use appropriate means or provide the employer's employees with such means in order to reduce the risk involved in the manual handling of such loads, having regard to the risk factors specified in Schedule 3,

(c) wherever the need for manual handling of loads by the employer's employees cannot be avoided, organise workstations in such a way as to make such handling as safe and healthy as possible, and—

(i) taking account of the risk factors for the manual handling of loads specified in Schedule 3, assess the health and safety conditions of the type of work involved and take appropriate measures to avoid or reduce the risk particularly of back injury, to the employer's employees,

(ii) ensure that particularly sensitive risk groups of employees are protected against any dangers which specifically affect them in relation to the manual handling of loads and the individual risk factors, having regard to the risk factors set out in Schedule 3,

(iii) ensure that where tasks are entrusted to an employee, his or her capabilities in relation to safety and health are taken into account, including, in relation to the manual handling of loads by employees, the individual risk factors set out in Schedule 3, and

(iv) when carrying out health surveillance in relation to the manual handling of loads by employees, take account of the appropriate risk factors set out in Schedule 3, and

(d) without prejudice to section 9 of the Act, ensure that those of the employer's employees who are involved in manual handling of loads receive general indications and, where possible, precise information on—

(i) the weight of each load, and

(ii) the centre of gravity of the heaviest side when a package is eccentrically loaded.

Chapter 5 — Display Screen Equipment

Interpretation for Chapter 5.

70.

70. In this Chapter:

“display screen equipment” means any alphanumeric or graphic display screen, regardless of the display process involved;

“employee” means an employee who habitually uses display screen equipment as a significant part of his or her normal work;

“workstation” means an assembly comprising display screen equipment, which may be provided with a keyboard or input device or software, or a combination of the foregoing determining the operator and machine interface, and includes—

(a) a work chair and work desk or work surface,

(b) any optional accessories and peripherals, and

Non-application of Chapter 5.

71.

71. This Chapter does not apply to—

(a) drivers' cabs or control cabs for vehicles or machinery,

(b) computer systems on board a means of transport,

(d) portable display screen equipment not in prolonged use at a workstation,

(e) calculators, cash registers and any equipment having a small data or measurement display required for direct use of the equipment, and

(f) typewriters of traditional design, of the type known as “typewriter with window”.

Duties of employer.

72.

72. (1) An employer, when providing display screen equipment for use by an employee at a workstation, shall—

(a) ensure that the general use of the equipment is not a source of risk for the employee,

(b) perform an analysis of the workstation in order to evaluate the safety and health conditions to which it gives rise for the employees, particularly as regards possible risks to eyesight, physical problems and problems of mental stress, and, on the basis of that evaluation, take appropriate measures to remedy any risks found, taking account of—

(i) the minimum requirements specified in Schedule 4, and

(ii) any additional or combined effects of any such risks so found,

(c) plan the activities of the employer's employees in such a way that daily work on display screen equipment is periodically interrupted by breaks or changes of activity which reduce workload at the display screen,

(d) without prejudice to section 9 of the Act, provide information to the employer's employees in relation to the measures applicable to workstations which have been implemented under this Regulation and Regulation 73,

(e) without prejudice to section 10 of the Act, provide training to employees in the use of workstations before commencing work with display screen equipment and whenever the organisation of the workstation is substantially modified, and

(f) perform a further analysis of the workstation as referred to in subparagraph (b where—

(i) an employee transfers to a new workstation, or

(ii) significant new work equipment, change of equipment or new technology is introduced at an individual's workstation.

(2) Schedule 4 applies only to the extent that the components concerned are present at a workstation and that the inherent requirements or characteristics of the work do not preclude such application.

Provision of eye tests and corrective appliances.

73.

73. An employer shall, taking into account any entitlement which an employee may have to any tests and appliances provided by the State relating to eyesight and appliances, ensure that—

(a) the provision of an appropriate eye and eyesight test, carried out by a competent person, is made known to and is made available to every employee—

(i) before commencing display screen work,

(ii) at regular intervals thereafter, and

(iii) if an employee experiences visual difficulties which may be due to display screen work,

(b) if the results of a test under this Regulation show that it is necessary, an ophthalmologic examination is carried out on the employee concerned, and

(c) where the results of a test or an examination under this Regulation show that it is necessary, and if normal corrective appliances cannot be used, the employee concerned is provided with special corrective appliances appropriate to his or her work.

Part 3 Electricity

Interpretation for Part 3.

74.

74. In this Part:

“authorised person” means a person who is—

(a) competent for the purpose of this Part, in relation to which the expression is used,

(b) either an employer, a self-employed person, or an employee appointed or selected by the employer or self-employed person, and

(c) engaged in work or duties incidental to the generation, transformation, conversion switching, controlling, regulating, rectification, storage, transmission, distribution provision, measurement or use of electrical energy;

“circuit” means part of an electrical installation supplied from the same origin, which may be protected against overcurrents by the same protective device;

“circuit breaker” means an electro-mechanical device capable of making, carrying and breaking currents under normal circuit conditions and also capable of making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions such as those of short circuit;

“conductive part” means a part capable of conducting current although not necessarily used for carrying current in normal conditions;

“conductor” means a conductor of electrical energy;

“danger” means risk of personal injury from—

(a) electric shock, electric burn, electrical explosion or arcing,

(b) fire or explosion caused by the use of electricity, or

and preventing danger in this Part shall be construed as preventing danger so far as is reasonably practicable;

“earthing” means the connection of the exposed conductive parts of an installation to the conductive mass of the earth;

“electrical equipment” includes any conductor or electric cable and any part of any machine apparatus or appliance intended to be used or installed for use for the generation transformation, conversion, switching, controlling, regulating, rectification, storage transmission, distribution, provision, measurement or use of electrical energy;

“electrical installation” means an assembly of associated electrical equipment fulfilling a specific purpose or purposes and having co-ordinated characteristics;

“higher voltage” means any voltage exceeding—

(a) 1,000 volts alternating current, or

(b) 1,500 volts direct current;

“isolation” means the disconnection and separation of electrical equipment from every source of electrical energy in such a way that the disconnection and separation is secure;

“live” means electrically energised;

“medical electrical equipment” means medical electrical equipment as defined in the Electro-Technical Council of Ireland (ETCI) document entitled “National Rules for Electrical Installations in Medically Used Rooms” or other equipment as may be prescribed by the Minister;

“overcurrent” means any current exceeding the rated value of the electrical equipment concerned;

“overhead line” means any electric line suspended above ground carrying or intended to carry electrical energy at a voltage exceeding 80 volts to earth;

“portable equipment” means equipment, including hand-held portable equipment, which—

(a) because of the manner in which it is to be used, requires to be moved while it is working,

(b) is designed so that it can be moved while it is working, or

“residual current device” means an electro mechanical switching device intended to disconnect a circuit when the residual current attains a stated value under specific conditions;

“substation” means any building, enclosure or other structure, or any part thereof, which -

(a) is large enough to enable a person to enter after the electrical equipment therein is in position, and

(b) contains equipment for transforming or converting electrical energy either to or from higher voltage (not being equipment for transforming or converting electrical energy solely for the operation of switchgear or instruments),

and includes that equipment, together with any other equipment for switching, controlling or otherwise regulating electrical energy;

“switch room” means a room intended primarily to house electrical switching and distribution equipment for a building;

“underground cable” means any electric cable below ground carrying or intended to carry electrical energy at a voltage exceeding 80 volts to earth.

Application of Part 3.

75.

75. (1) This Part, without prejudice to section 16 of the Act, applies as appropriate to persons who design, install, maintain, use, or are in control to any extent of—

(a) an electrical installation or part of an electrical installation in a place of work, or

(b) an electrical network, including the generation, transformation, conversion switching, controlling, regulating, rectification, storage, transmission, distribution provision, measurement or use of electrical energy at a place of work.

(2) This Part does not apply to—

(a) any electrical equipment or electrical installation used exclusively for electrical testing or research purposes, or

(b) medical electrical equipment,

but persons using equipment referred to in subparagraph (b) shall ensure that the equipment or installation is constructed, installed, maintained, protected and used, with adequate precautions being taken, so as to prevent danger.

Suitability of electrical equipment and installations.

76.

76. An employer shall ensure that—

(a) all electrical equipment and electrical installations are—

(i) designed,

(ii) constructed,

(iii) installed,

(iv) maintained,

(v) protected, and

(vi) used

so as to prevent danger, and

(b) all electrical equipment and electrical installations, including distribution boards sockets, transformers and connections, are suitably protected from ingress of moisture or of particles and foreseeable impacts, as appropriate to the location without prejudice to Regulation 77.

Adverse or hazardous environments.

77.

77. An employer shall ensure that electrical equipment which may foreseeably be exposed to adverse or hazardous environments, including in particular—

(a) mechanical damage,

(b) the effects of weather, natural hazards, temperature or pressure,

(d) any flammable or potentially explosive atmosphere, including any mixture of air and a flammable substance in the form of gas, vapour, mist or dust,

is constructed, installed, maintained and modified or so protected as to prevent danger arising from the exposure.

Identification and marking.

78.

78. An employer shall ensure that—

(a) all electrical equipment is suitably identified where necessary to prevent danger,

(b) all electrical equipment, other than cables and overhead lines, displays the maker's name together with all ratings necessary to show that it is suitable for the purpose for which it is used, and

(c) all electrical circuits are suitably identified at their source to allow those circuits to be safely and securely de-energised and isolated.

Protection against electric shock in normal conditions.

79.

79. An employer shall ensure that all live parts which may cause danger—

(a) are suitably covered with insulating material and so protected as to prevent danger or

(b) are the subject of precautions taken to prevent danger, including, where appropriate the live parts being suitably placed to prevent danger.

Protection against electric shock in fault conditions.

80.

80. An employer shall ensure that—

(a) precautions are taken, either by—

(i) earthing and automatic disconnection of the supply of electricity, or

(ii) other suitable means,

to prevent danger arising where any exposed conductive part may become live,

(b) in adverse or potentially hazardous conditions and where all of an electrical installation is dependant on one or more residual current devices in a single location for earth fault protection, precautions are taken to prevent the transmission of dangerous voltage levels in the installation caused by a fault upstream of the protective device or devices by—

(i) installing it or them in a non-conducting enclosure, or

(ii) using equally effective means, and

(i) electric water heating devices,

(ii) electrically heated showers, and

(iii) pumps for electrically operated showers,

which are located in zone (1), as defined by the Electro-Technical Council of Ireland “National Rules for Electrical Installations”, of rooms in a place of work containing a bath or shower basin, are protected by a residual current device having a tripping current not exceeding 30 milliamperes operating within such period of time so as to provide the necessary protection to prevent danger to any person coming into direct or indirect contact with any live part of the circuit.

Portable equipment.

81.

81. (1) An employer shall ensure that—

(a) a circuit supplying portable equipment or a socket outlet intended to supply portable equipment, including any circuit supplied by an electrical generator, and in which is used alternating current at a voltage—

(i) exceeding 125 volts, and

(ii) not exceeding 1,000 volts,

is protected by one or more residual current devices having a tripping current not exceeding 30 milliamperes operating within such period of time so as to provide the necessary protection to prevent danger to any person coming into direct or indirect contact with any live part of the circuit,

(b) portable equipment is maintained in a manner fit for safe use, and

(i) exposed to conditions causing deterioration liable to result in danger, and

(ii) supplied at a voltage exceeding 125 volts alternating current,

is—

(I) visually checked by the user before use, and

(II) periodically inspected by a competent person, appropriate to the nature location and use of the equipment.

(2) An employer shall ensure, where appropriate, that a competent person—

(a) tests any portable equipment described in paragraph (1)(c)(i) and (ii), and

(b) certifies whether or not the portable equipment (including any cables and plugs was, on the day of test, as far as could reasonably be ascertained, safe and without risk to persons coming into direct or indirect contact with any live part of the equipment.

(3) If the certificate of the competent person referred to in paragraph (2) indicates that the portable equipment tested was not, on the day of the test, safe and without risk, as described in that paragraph, the employer shall ensure that the equipment is not used until it is made safe and certified as such in compliance with paragraph (2).

(4) An employer shall ensure that—

(a) portable equipment, other than portable transformers and portable generators supplied at a voltage exceeding 125 volts alternating current is not used in—

(i) construction work,

(ii) external quarrying activities, or

(iii) damp or confined locations,

unless its rating exceeds 2 kilovolt amperes,

(b) portable hand lamps supplied at a voltage exceeding 25 volts alternating current or 50 volts direct current is not used in—

(i) construction work,

(ii) external quarrying activities, or

(iii) damp or confined locations, and

(c) where a transformer or generator is used to supply electricity to portable equipment at a voltage greater than 25 volts, but not exceeding 125 volts, alternating current,

(i) the centre point, electrically, or

(ii) neutral (star) point in the case of three phase of the output voltage or secondary winding,

is connected to earth and the transformer or generator is of the double wound type.

Connections and cables.

82.

82. An employer shall ensure that—

(a) an electrical joint and connection is of adequate construction as regards conductance, insulation, mechanical strength and protection so as to prevent danger,

(b) where a cable is used in construction work or in external quarrying operations, it is appropriately protected and insulated for the voltage of the cable to prevent danger and

(i) is connected to the equipment and to the system either by efficient permanent joints or by a properly constructed connector, and

(ii) is arranged so that tension in the cable cannot be transmitted through the conductors to the terminals at either end of the cable.

Overcurrent protection.

83.

83. An employer shall ensure that effective means suitably located are provided to protect all electrical equipment and electrical installations from overcurrent so as to prevent danger.

Auxiliary generator and battery supply.

84.

84. An employer shall ensure that—

(a) appropriate precautions are taken to prevent danger—

(i) when operating, installing, maintaining, transporting or storing auxiliary power supply batteries or auxiliary generators, and

(ii) to persons who install, maintain or use an electrical installation where auxiliary batteries or generators have been fitted or are intended to be fitted and

(b) where auxiliary batteries or generators have been fitted or are intended to be fitted appropriate precautions are taken to prevent danger to persons working on the external electrical network supplying an electrical installation.

Switching and isolation for work on equipment made dead.

85.

85. (1) An employer shall ensure that—

(a) subject to paragraph (2), where necessary to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) are available to switch off the supply of electricity to any electrical equipment and to isolate any electrical equipment,

(b) every switch, circuit breaker or other control device provided under subparagraph (a) is, where necessary to prevent danger,

(i) clearly marked to indicate the “ON” and “OFF” positions, unless these are otherwise self-evident, and

(ii) readily accessible for authorised persons and in a suitable and adequately lit location, and

(c) adequate precautions are taken to prevent the operation of any switch while carrying current where that switch is not capable of safely interrupting normal load current.

(2) Paragraph (1) does not apply to electrical equipment which is itself a source of electrical energy, provided that adequate precautions are taken to prevent danger.

Precautions for work on electrical equipment.

86.

86. (1) An employer shall ensure that—

(a) work activity, including the operation, use and maintenance of electrical equipment or electrical installations, is carried out in a manner that prevents danger,

(b) before work is carried out on live electrical equipment the equipment is, where appropriate, made dead so as to prevent danger,

(i) electrical equipment which has been made dead becoming live while work is carried out on or near that equipment, and

(ii) any electrical equipment inadvertently becoming live,

(d) where it is necessary for work to be carried out on or near any live part, other than one suitably covered with insulating material so as to prevent danger, of electrical equipment, a person is not engaged in work activity unless—

(i) it is unreasonable in the circumstances for it to be dead,

(ii) it is reasonable in the circumstances for such person to be at work on or near it while it is live, and

(iii) suitable precautions are taken to prevent danger, including, where necessary the provision of protective equipment.

(2) An employer shall ensure that any equipment provided under this Part for the purpose of protecting employees, or others to whom the relevant statutory provisions apply, near electrical equipment is—

(a) suitable for the use for which it is provided,

(b) maintained in a condition suitable for that use, and

Working space, access and lighting.

87.

87. An employer shall ensure that—

(a) adequate working space, adequate means of access and egress and adequate lighting are provided at all electrical equipment on which, or near which, work is being done in circumstances which may cause danger, and

(b) emergency lighting is fitted in all switchrooms in order to give an adequate degree of lighting in the event of a loss of electrical supply.

Persons to be competent to prevent danger.

88.

88. An employer shall ensure that no person is engaged in any work activity to which this Part relates where technical knowledge and experience is necessary to prevent danger unless that person is competent or is under such degree of supervision as is appropriate, having regard to the nature of the work.

Testing and inspection.

89.

89. An employer shall ensure that—

(a) a new electrical installation and a major alteration of, or extension to, an existing electrical installation is, after completion, inspected and tested by a competent person and a report of the test is completed verifying that the relevant requirements of this Part have been complied with,

(b) an existing electrical installation is inspected and tested annually, or if an inspector so requires, by a competent person and a report of the test is completed verifying that the relevant requirements of this Part have been complied with,

(c) the advice of an inspector, or competent person, on the necessity for further testing of an electrical installation is acted upon having regard to the condition of the installation and the outcome of any tests referred to in paragraphs (a) and (b), and

(d) all defects found during the testing and inspection of an electrical installation are rectified promptly so as to prevent danger.

Earth leakage protection for higher voltage.

90.

90. An employer shall ensure that effective means are provided in relation to every circuit in which higher voltage is used to prevent danger arising from leakage currents to earth.

Substation and main switch room.

91.

91. (1) An employer shall ensure that a substation or a main switch room is—

(a) suitably constructed,

(b) arranged, so far as is reasonably practicable, so that no person can obtain access thereto otherwise than by the intended entrance,

(c) arranged, so far as is reasonably practicable, so that a person cannot interfere with the equipment or conductors therein from outside,

(d) provided with efficient means of ventilation and kept dry if under cover, and

(e) as appropriate to the tasks being undertaken, under the control of an authorised person or authorised persons.

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