Rank: Guest
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Posted By Simon Birchall
In construction information Safety sheet 52 -safe use of compact dumpers - it states that dumpers which entered service before 5th December 1998, must have roll over protection and seat belts fitted before 5th December 2002. I'm looking for clarification on whether this is a statatury requirment or in areas where there is a risk of roll over. the reference to where that info maybee is not clear - can anybody advise please?
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Rank: Guest
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Posted By Martyn Hendrie
Simon,
The Provision and use of Work Equipment Regulations (Reg 26) requires employers to "..ensure that where there is a risk to an employee riding on mobile work equipment from its rolling over, it is minimised" and item C) in the list of things to be done is provide a suitable roll over protective structure.
The direct answer to your question is therefore yes it is a legal requirement if rolling over is identified in the risk assessment for the use of the equipment.
In practice most dumpers that operate on a construction site are, at some time or another, likely to be at risk of rolling over and most companies and virtually all plant hire companies now fit roll over protection as standard.
Your question also refers to the exemption for existing equipment that expires in 5th December 2002. This exemption only applies to equipment used by an employer for the sole use of his employees to carry out his works. A contractor may move it from site to site but it may only be used in for his undertaking.
The exemption till December this year DOES NOT APPLY to
a)Equipment lend to or borrowed from another employer
b)Equipment hired or leased
c)Equipment purchased second hand from another party
d) New Equipment
In cases a)-d) the law considers the equipment to be "new" and the requirements apply immediately.
I hope this helps
Martyn
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