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

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.