The Safety, Health and Welfare at Work (General Application) Regulations 2007 S.I. No. 299 cover Duties of employer, use of work equipment. An employer shall ensure that any work equipment provided for use by employees at a place of work complies, as appropriate, with the provisions of any relevant legislation relating to work equipment with respect to safety and health.
The following sections have been extracted from the regulations and relate to the Statutory Inspection and Certification of Lifting and Safety Equipment. In total there are 175 sections within the regulations which can be viewed at www.hsa.ie
View the LHS Services Download Section for the Guide to the Regulations, Safety Health and Welfare at Work (General Application) (Amendment) Regulations 2012 (S.I. No. 445 of 2012)
Safety, Health and Welfare at Work (General Application) Regulations 2007 S.I. No. 299
Examination and testing of lifting equipment. Section 52.
- Work equipment for lifting loads, is not taken into use unless it has been tested and thoroughly examined by a competent person, and a certificate of test and examination is supplied.
- Where new is accompanied by an EC declaration of conformity in accordance with the relevant directives of the European Communities, and has not been reassembled since dispatch from the manufacturer,
- Where any alteration or repair is carried out to lifting equipment or a lifting accessory,
- An employer shall ensure that work equipment of a type or class listed in column 1 of Parts B or C of Schedule 1 is not used unless it has been examined by a competent person at least once in the period specified.
Reports by competent persons. Section 53.
- A competent person carrying out an examination shall prepare a report of the result of every examination and test containing the particulars that are set out in Part E of Schedule 1,
- Where work equipment is examined reveals that the equipment can only be used safely if certain repairs are carried out or if the person making the examination foresees a need for such repairs—
- Inform in writing the owner and user of the need for such repairs or the potential need,
- Not later than 20 days after the completion of the examination, send a copy of the report of the examination to the Authority where immediate cessation of the work has been advised, and
- In the case of potential need for repairs, specify the period within which, in his or her opinion, the repairs shall be carried out.
- A competent person carrying out an examination may specify a period less than that if in that person’s opinion a more frequent examination is required but, if this is done, he or she shall provide the reason for the opinion in writing to the owner and user of the work equipment.
Keeping of records and registers of lifting equipment. Section 54.
- An employer shall ensure that a report produced is kept at the place of work when the lifting equipment is permanently located there,
- In the case of lifting equipment on a construction site, is kept at the site office or at the business address of the contractor for whom the report was made, and
- In the case of mobile equipment, is kept on the equipment in addition to being available for inspection at the address of the equipment owner.
- An employer shall ensure that a register of lifting equipment and lifting accessories containing details of the equipment, distinguishing number, date of first use and date of last thorough examination and testing is maintained and kept available for inspection by an inspector,
Inspection of work equipment. Section 30.
- Where the safety of work equipment depends on the installation conditions an initial inspection is carried out after installation is completed and before it is first put into service, and
- In the case of work equipment which is exposed to conditions causing deterioration liable to result in a danger to safety or health periodic inspections and, where appropriate, testing is carried out,
- Special inspections are carried out when exceptional circumstances arise which are liable to make the work equipment unsafe, including modification work, accidents, natural phenomena or prolonged inactivity, and deterioration is detected and remedied in good time,
- The results of inspections carried out under paragraphs (a) and (b) are recorded and kept available for 5 years from the date of inspection, for inspection by an inspector, and access to these records is made available to users of the work equipment upon request, and
- When work equipment is used in another place of work, it is accompanied by evidence of the last inspection carried out.
Maintenance. Section 31.
- Throughout its working life work equipment is kept, by means of adequate maintenance, at a level such that it complies with the provisions of the regulations,
- Where possible, maintenance operations are carried out when work equipment is shut down, and where this is not possible, appropriate protection measures are taken for the carrying out of such operations or such operations are carried out outside the area of danger,
- Work equipment is maintained in such a way as to reduce the risks to users of the work equipment and to other persons at work, and
- A maintenance log for any machine is kept up to date.
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