I have come across this situation over and over again, especially when carrying out site inspections where 360 excavators are been used. The excavator can be supplied from the factory without any rear safety camera or safety mirror mounted on the body to aid the operator with blind spots.

"The Supply of Machinery (Safety) Regulations 2008 , which implement the European Machinery Directive, and which contain detailed requirements for manufacturing safe new machinery;
It is primarily the task of the manufacturer to design and construct new machinery so that it can be used safely. In addition to meeting certain administrative and other requirements, there are specific practical issues that need to be addressed by the manufacturer. Some of these are as follows.

There are several procedures which they must follow, but in particular they should:

identify the health and safety hazards (trapping, crushing, electrical shock, dust or fumes, noise, vibration, etc) that are likely to be present when the machinery is used;
assess the likely risks;
eliminate the risks, or if that is not possible:
provide safeguards (eg guarding dangerous parts of the machinery, providing noise enclosures) or, if that is not possible:
provide information about any residual risks and place signs on the machinery to warn of risks that cannot be reduced in other ways (eg 'noisy machine' signs)".

I therefore always maintained that the duty should always have been on the manufacturer to provide machines with these safety devices due to the serious hazards they produce on a site. Either way, it is still the duty of the owner of the machine to reduce the risk ASFAIRP, so I would always in the opinion to stop the equipment from been used until it is made safe - hope this helps.

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