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Posted By John Taylor
The approaching deadline for fitting Dec 2002
Does the fitting depend on a assessment on the increased likey hood due to a set of circumstances which increase the opportunity for the fork lift to overturn based on risk assessment. Or must they be fitted regardless;
and would this mean if assessment showed that it was unlikely to overturn that employers could still have FL not fitted with seat belts on site being used after the said date.
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Posted By Charles New
You may find the question raised by Darren Green on 2 Sept, and the subsequent replies of intrest. It is on page 3 or 4 of this forum.
Charles
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Posted By Ken Taylor
A careful reading of L22 'Safe Use of Work Equipment' is needed on this one if you want to meet the 'letter of the law'. The questions to be asked seem to be: Could it roll-over with persons on board? If so, have we taken one or more of the required measures to minimise the risk? If the truck has a structure to prevent it falling further than on its side or provide sufficient clearance if it falls further, have we done what is reasonably practicable to reduce the risk from overturning - including fitting seat-belts? Personally I would want to have seat-belts anyway - particularly as, if the incident does occur and someone is injured who would not have been if wearing a seat-belt, failure to meet the legislation could well have been proved by the circumstances. The next issue will be making sure they wear them!
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Posted By David Scott
HSE Books Free Misc241 would suggest that 'restraining systems must be provided to prevent the operator being crushed between the truck and ground where there is forseeable risk of overturning'. It further suggests that lift trucks at most risk of overturning are centre-controlled, seated, counterbalane lift truck under 10,000kg capacity.
Indeed the latest HSE Press Release, E169/02 Sep 02 states that 'Duty holders must ensure that when mobile plant is used in conditions where overturn is likely, the operator restraint must be used. Supervisors should regularly check that drivers are wearing seat belts where necessary'.
Therefore, one does not have to wear it if there is noe forseeable risk! However I believe that seat belts should be worn no matter where the lift truck is operating as they have been known to topple even on flat, smooth ground!
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