Safety, Health and Welfare at Work (General Application) Regulations 2007

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.

Annotations:

Amendments:

F12

Inserted (20.11.2023) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2021 (S.I. No. 619 of 2021), reg. 2(b), to take affect as per reg. 1(2), not in effect as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: para. (c) inserted (20.11.2023) by Safety, Health and Welfare at Work (General Application) (Amendment) (No. 2) Regulations 2021 (S.I. No. 619 of 2021), reg. 2(b), to take affect as per reg. 1(2), not in effect as of date of revision.

40. ...

F12[(c) where work involves the operation of an all-terrain vehicle –

(i) that the operator of the all-terrain vehicle has successfully completed an all-terrain vehicle safety training course provided by a registered training provider to a QQI Standard or equivalent,

(ii) that a risk assessment is conducted in accordance with section 19 of the Act,

(iii) that an assessment is conducted in accordance with Regulation 63, and

(iv) that personal protective equipment is provided to and worn by the operator of the all-terrain vehicle in accordance with Regulation 62.]