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

(c) by some other device of equivalent effect.

(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.

F10[(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.]