Posted By LynneR
Can I please ask to pick your brains, as i am getting bogged down with EU Directives and Google!!!
How are 89/391/EEC, 93/44E/EEC, 89/392/EEC tranlslated into legislation or regulations for each of the countries listed?

Is seat belt wearing on FLT is compulsory in:
UK
(yes PUWER. Supply of Machinery Safet Regs, HSG6, L117) (any more?)

Netherlands

Germany

Sweden

Belgium

Are there legal requirements in those countries to fit speed inhibitors to FLT?

Any assistance gratefully received!

Posted By Mike Draper
Hi Lynne

I seem to keep posting this link on this forum, but here it is again. http://osha.europa.eu/OSHA

This will provide all of the answers to your questions about how the various directives are implemented in the different member states.

Mike

Posted By Mike Draper
Ok Lynne

Let's start from another angle.

Under the machinery directive, driver operated work equipment fitted with a roll over protection structure must be fitted with a safety belt or other device to keep the driver in their seat in the event of overturning.

This can be interpreted to mean that FLT with a full cab, rather than just a ROPS, doesn't have to have a seatbelt.

Nevertheless, all new work equipment in the EU must comply with this requirement to be CE marked. This requirement is the same in every member state (it has to be to be effective in removing barriers to trade).

Now going back to the use of work equipment directive, 95/63/EC makes specific requirements for forklifts:

3.1.5. Fork-lift trucks carrying one or more workers must be adapted or equipped to limit the risk of the fork-lift truck overturning, e. g.:
- by the installation of an enclosure for the driver, or
- by a structure preventing the fork-lift truck from overturning, or
- by a structure ensuring that, if the fork-lift truck overturns, sufficient clearance remains between the ground and certain parts of the fork-lift truck for the workers carried, or
- by a structure restraining the workers on the driving seat so as to prevent them from being crushed by parts of the fork-lift truck which overturns.

This also leaves some room for interpretation, but essentially if in the event that a forklift were to be overturned and there is a risk that the driver may be crushed between the forklift and the ground, then employers must provide some form of restraint system to keep them in their seat and ensure its use by the driver.

Suitable restraint systems include either a full cab or a ROPS and safety belt. This requirement is a minimum requirement that is also the same across every member state, and although member states do have the option of specifying additional measures over and above the minimum, in practical terms for FLT, I can see little that could be done over and above that stated.

So the question is whether your FLT has a suitable means of protection for the driver and whether the driver uses it.

In the event of an incident, irrespective of where it may take place, a failure to have used a device provided in the interests of safety would not look good, particularly if use of that device could have prevented the sort of harm occurring that it was designed to protect against.

Posted By LynneR
Mike
got all that, even got it sorted in bullet points yesterday.
However, what is the document for each country that is how their country has adopted and implemented to EC or EU Directive.
As each of the countries have, as stated and agreed, got their own foibles what i neeed is the definitive you cannot get out of that it is your country legislative document.
And each of the countries will have their own say when i try to make a document applicable to all and do not refer to their own specific legislature.
See the issue? In need PUWER etc for each nation.
Back to bogged down in Directives!

Posted By Steven Mair
Hi,
Can you clever people clear something up for me, We have diesel powered FLT's on-site they have a full cab and also a seat belt fitted. Does the driver have to wear the seatbelt under the ECC regs and can we enforce it if they dont.

Thanks
Steve

Posted By Mike Draper
Ok, Lynne, does this help?

For each country looking at directives 95/63/EC and 98/37/EC:

UK
95/63/EC = Provision and Use of Work Equipment Regs 98
98/37/EC = Supply of Machinery Safety Regs 92 as amended in 94 and 2005

Netherlands
Impossible to find as they have just made major changes and there are no translations available, however as best as I can make out 95/63/EC will in some manner be incorporated into the Dutch Working Conditions Act
98/37/EC - no data

Germany
95/37/EC = Betriebssicherheitsverordnung (BetrSichV) 2002 - Ordinance on Industrial Safety and Health (incorporates some aspects of other directives)
98/37/EC = Geräte- und Produktsicherheitsgesetz (GPSG) 2004 - Equipment and Product Safety Act (actually covers all CE mark directives)

Sweden
95/37/EC = AFS 1998:4 Use of Work Equipment made under the Work Environment Act
98/37/EC - no data

Belgium
95/37/EC = L'arrêté royal du 4 mai 1999 concernant l'utilisation d'équipements de travail mobiles (mobile work equipment) which extends or amends the decree of 12/8/93 (work equipment). Both made under the Règlement général pour la protection du travail (RGPT)
98/37/EC = L'arrêté royal du 5 mai 1995 concernant la mise sur le marché des machines

Posted By LynneR
Hero.

Posted By LynneR
Merv,
Re your 'making the little b's wear a seatbelt' i do not think we will be having that problem again!!!!!!!
Lessons learned.