The Supply of Machinery (Safety) Regulations 1992

PRELIMINARY OBSERVATIONS

3.  ESSENTIAL HEALTH AND SAFETY REQUIREMENTS TO OFFSET THE PARTICULAR HAZARDS DUE TO THE MOBILITY OF MACHINERY

In addition to the essential health and safety requirements given in the sections 1 and 2, machinery presenting hazards due to mobility must be designed and constructed to meet the requirements below.

Risks due to mobility always exist in the case of machinery which is self-propelled, towed or pushed or carried by other machinery or tractors, is operated in working areas and whose operations requires either mobility while working, be it continuous or semicontinuous movement, between a succession of fixed working positions.

Risks due to mobility may also exist in the case of machinery operated without being moved, but equipped in such a way as to enable it to be moved more easily from one place to another (machinery fitted with wheels, rollers, runners, etc. or placed on gantries, trolleys, etc).

In order to verify that rotary cultivators and power harrows do not present unacceptable risks to the exposed persons, the manufacturer or his authorised representative established within the Community must, for each type of machinery concerned, perform the appropriate tests or have such tests performed.

3.1. General

3.1.1. Definition

“Driver” means an operator responsible for the movement of machinery. The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may be guiding the machinery by remote control (cables, radio, etc).

3.1.2. Lighting

• If intended by the manufacturer to be used in dark places, self-propelled machinery must be fitted with a lighting device appropriate to the work to be carried out, without prejudice to any other regulations applicable (road traffic regulations, navigation rules, etc).

3.1.3. Design of machinery to facilitate its handling

• During the handling of the machine and/or its parts there must be no possibility of sudden movements or of hazards due to instability as long as the machine and/or its parts are handled in accordance with the manufacturer’s instructions.

3.2. Work stations

3.2.1. Driving position

• The driving position must be designed with due regard to ergonomic principles. There may be two or more driving positions and, in such cases, each driving position must be provided with all the requisite controls, Where there is more than one driving position, the machinery must be designed so that the use of one of them precludes the use of the others, except in emergency stops. Visibility from the driving position must be such that the driver can in complete safety for himself and the exposed persons, operate the machinery and its tools in their intended conditions of use. Where necessary, appropriate devices must be provided to remedy hazards due to inadequate direct vision.

• Machinery must be so designed and constructed that, from the driving position, there can be no risk to the driver and operators on board from inadvertent contact with the wheels or tracks.

• The driving position must be designed and constructed so as to avoid any health risk due to exhaust gases and/or lack of oxygen.

• The driving position of ride-on drivers must be so designed and constructed that a driver’s cab may be fitted as long as there is room. In that case, the cab must incorporate a place for the instructions needed for the driver and/or operators. The driving position must be fitted with an adequate cab where there is a hazard due to a dangerous environment.

• Where the machinery is fitted with a cab, this must be designed, constructed and/or equipped to ensure that the driver has good operating conditions and is protected against any hazards that might exist (for instance: inadequate heating and ventilation, inadequate visibility, excessive noise and vibration, falling objects, penetration by objects, rolling over, etc). The exit must allow rapid evacuation. Moreover, an emergency exit must be provided in a direction which is different from the usual exit.

• The materials used for the cab and its fittings must be fire-resistant.

3.2.2. Seating

• The driving seat of any machinery must enable the driver to maintain a stable position and be designed with due regard to ergonomic principles.

• The seat must be designed to reduce vibrations transmitted to the driver to the lowest level that can be reasonably achieved. The seat mountings must withstand all stresses to which they can be subjected, notably in the event of rollover. Where there is no floor beneath the driver’s feet, the driver must have footrests covered with a slip-resistant material.

• Where machinery is fitted with provision for a rollover protection structure, the seat must be equipped with a safety belt or equivalent device which keeps the driver in his seat without restricting any movements necessary for driving or any movements caused by the suspension.

3.2.3. Other places

• If the conditions of use provide that operators other than the driver are occasionally or regularly transported by the machinery, or work on it, appropriate places must be provided which enable them to be transported or to work on it without risk, particularly the risk of falling.

• Where the working conditions so permit, these work places must be equipped with seats.

• Should the driving position have to be fitted with a cab, the other places must also be protected against the hazards which justified the protection of the driving position.

3.3. Controls

3.3.1. Control devices

• The driver must be able to actuate all control devices required to operate the machinery from the driving position, except for functions which can be safely activated only by using control devices located away from the driving position. This refers in particular to working positions other than the driving position, for which operators other than the driver are responsible or for which the driver has to leave his driving position in order to carry out the manoeuvre in safety.

• Where there are pedals they must be so designed, constructed and fitted to allow operation by the driver in safety with the minimum risk of confusion; they must have a slip-resistant surface and be easy to clean.

• Where their operation can lead to hazards, notably dangerous movements, the machinery’s controls, except for those with preset positions, must return to the neutral position as soon as they are released by the operator.

• In the case of wheeled machinery, the steering system must be designed and constructed to reduce the force of sudden movements of the steering lever caused by shocks to the guide wheels.

• Any control that locks the differential must be so designed and arranged that it allows the differential to be unlocked when the machinery is moving.#

• The last sentence of section 1.2.2 does not apply to the mobility function.

3.3.2. Starting/moving

• Self-propelled machinery with a ride-on driver must be so equipped as to deter unauthorised persons from starting the engine.

• Travel movements of self-propelled machinery with a ride-on driver must be possible only if the driver is at the controls.

• Where, for operating purposes, machinery must be fitted with devices which exceed its normal clearance zone (eg stabilisers, jib, etc), the driver must be provided with the means of checking easily, before moving the machinery, that such devices are in a particular position which allows safe movement.

• This also applies to all other parts which, to allow safe movement, have to be in particular positions, locked if necessary.

• Where it is technically and economically feasible, movement of the machinery must depend on safe positioning of the aforementioned parts.

• It must not be possible for movement of the machinery to occur while the engine is being started.

3.3.3. Travelling function

• Without prejudice to the provisions of road traffic regulations, self-propelled machinery and its trailers must meet the requirements for slowing down, stopping, braking and immobilisation so as to ensure safety under all the operating, loading, speed, ground and gradient conditions allowed for by the manufacturer and corresponding to conditions encountered in normal use.

• The driver must be able to slow down and stop self-propelled machinery by means of a main device. Where safety so requires in the event of a failure of the main device, or in the absence of the energy supply to actuate the main device, an emergency device with fully independent and easily accessible controls must be provided for slowing down and stopping.

• Where safety so requires, a parking device must be provided to render stationary machinery immobile. This device may be combined with one of the devices referred to in the second paragraph, provided that it is purely mechanical.

• Remote-controlled machinery must be designed and constructed to stop automatically if the driver loses control.

• Section 1.2.4 does not apply to the travelling function.

3.3.4. Movement of pedestrian-controlled machinery

• Movement of pedestrian-controlled self-propelled machinery must be possible only through sustained action on the relevant control by the driver. In particular, it must not be possible for movement to occur while the engine is being started.

• The control systems for pedestrian-controlled machinery must be designed to minimise the hazards arising from inadvertent movement of the machine towards the driver. In particular:

  (a)

  crushing,

  (b)

  injury from rotating tools.

• Also, the speed of normal travel of the machine must be compatible with the pace of a driver on foot.

• In the case of machinery on which a rotary tool may be fitted, it must not be possible to actuate that tool when the reversing control is engaged, except where movement of the machinery results from movement of the tool. In the latter case, the reversing speed must be such that it does not endanger the driver.

3.3.5. Control circuit failure

• A failure in the power supply to the power-assisted steering, where fitted, must not prevent machinery from being steered during the time required to stop it.

3.4. Protection against mechanical hazards

3.4.1. Uncontrolled movements

• When a part of a machine has been stopped, any drift away from the stopping position, for whatever reason other than action at the controls, must be such that it is not a hazard to exposed persons.

• Machinery must be so designed, constructed and where appropriate placed on its mobile support as to ensure that when moved the uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.

3.4.2. Risk of break-up during operation

• Parts of machinery rotating at high speed which, despite the measures taken, may break up or disintegrate, must be mounted and guarded in such a way that, in case of breakage, their fragments will be contained or, if that is not possible, cannot be projected towards the driving and/or operation positions.

3.4.3. Rollover

• Where, in the case of self-propelled machinery with a ride-on driver and possibly ride-on operators, there is a risk of rolling over, the machinery must be designed for and be fitted with anchorage points allowing it to be equipped with a rollover protective structure (ROPS).

• This structure must be such that in case of rolling over it affords the ride-on driver and where appropriate the ride-on operators an adequate deflection-limiting volume (DLV).

• In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorised representative established within the Community must, for each type of structure concerned, perform appropriate test or have such tests performed.

• In addition, the earth-moving machinery listed below with a capacity exceeding 15kW must be fitted with a rollover protective structure:

  • crawler loaders or wheel loaders,

  • backhoe loaders,

  • crawler tractors or wheel tractors,

  • scrapers, self-loading or not,

  • graders,

  • articulated steer dumpers.

3.4.4. Falling objects

• Where, in the case of machinery with a ride-on driver and possibly ride-on operators, there is a risk due to falling objects or material, the machinery should be designed for, and fitted with, if its size allows, anchorage points allowing it to be equipped with a falling-object protective structure (FOPS).

• This structure must be such that in the case of falling objects or material, it guarantees the ride-on operators an adequate deflection-limiting volume (DLV).

• In order to verify that the structure complies with the requirement laid down in the second paragraph, the manufacturer or his authorised representative established within the Community must, for each type of structure concerned, perform appropriate tests or have such tests performed.

3.4.5. Means of access

• Handholds and steps must be designed, constructed and arranged in such a way that the operators use them instinctively and do not use the controls for that purpose.

3.4.6. Towing devices

• All machinery used to tow or to be towed must be fitted with towing or coupling devices designed, constructed and arranged to ensure easy and safe connection and disconnection, and to prevent accidental disconnection during use.

• In so far as the towbar load requires, such machinery must be equipped with a support with a bearing surface suited to the load and the ground.

3.4.7. Transmission of power between self-propelled machinery (or tractor) and recipient machinery

• Transmission shafts with universal joints linking self-propelled machinery (or tractor) to the first fixed bearing of recipient machinery must be guarded on the self-propelled machinery side and the recipient machinery side over the whole length of the shaft and associated universal joints.

• On the side of the self-propelled machinery (or tractor), the power take-off to which the transmission shaft is attached must be guarded either by a screen fixed to the selfpropelled machinery (or tractor) or by any other device offering equivalent protection.

• On the towed machinery side, the input shaft must be enclosed in a protective casing fixed to the machinery.

• Torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machine. The universal-joint transmission shaft must be marked accordingly.

• All towed machinery whose operation requires a transmission shaft to connect it to selfpropelled machinery or a tractor must have a system for attaching the transmission shaft so that when the machinery is uncoupled the transmission shaft and its guard are not damaged by contact with the ground or part of the machinery.

• The outside parts of the guard must be so designed, constructed and arranged that they cannot turn with the transmission shaft. The guard must cover the transmission shaft to the ends of the inner jaws in the case of simple universal joints and at least to the centre of the outer joint or joints in the case of “wide-angle” universal joints.

• Manufacturers providing means of access to working positions near to the universal joint transmission shaft must ensure that shaft guards as described in the sixth paragraph cannot be used as steps unless designed and constructed for that purpose.

3.4.8. Moving transmission parts

• By way of derogation from section 1.3.8.A, in the case of internal combustion engines, removable guards preventing access to the moving parts in the engine compartment need not have locking devices if they have to be opened either by the use of a tool or key or by a control located in the driving position if the latter is in a fully enclosed cab with a lock to prevent unauthorised access.

3.5. Protection against other hazards

3.5.1. Batteries

• The battery housing must be constructed and located and the battery installed so as to avoid as far as possible the chance of electrolyte being ejected on to the operator in the event of rollover and/or to avoid the accumulation of vapours in places occupied by operators.

• Machinery must be so designed and constructed that the battery can be disconnected with the aid of an easily accessible device provided for that purpose.

3.5.2. Fire

• Depending on the hazards anticipated by the manufacturer when in use, machinery must, where its size permits:

  • either allow easily accessible fire extinguishers to be fitted;

  • or be provided with built-in extinguisher systems.

3.5.3. Emissions of dust, gases, etc.

• Where such hazards exist, the containment equipment provided for in 1.5.13 may be replaced by other means, for example precipitation by water spraying.

• The second and third paragraphs of 1.5.13 do not apply where the main function of the machinery is the spraying of products.

3.6. Indications

3.6.1. Signs and warning

• Machinery must have means of signalling and/or instruction plates concerning use, adjustment and maintenance, wherever necessary, to ensure the health and safety of exposed persons. They must be chosen, designed and constructed in such a way as to be clearly visible and indelible.

• Without prejudice to the requirements to be observed for travelling on the public highway, machinery with a ride-on driver must have the following equipment:

  • an acoustic warning device to alert exposed persons;

  • a system of light signals relevant to the intended conditions of use such as stop lamps, reversing lamps and rotating beacons. The latter requirement does not apply to machinery intended solely for underground working and having no electrical power.

• Remote-controlled machinery which under normal conditions of use exposes persons to the hazards of impact or crushing must be fitted with appropriate means to signal its movements or with means to protect exposed persons against such hazards. The same applies to machinery which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the back of the machine is not directly visible to the driver.

• Machinery must be so constructed that the warning and signalling devices cannot all be disabled unintentionally. Where this is essential for safety, such devices must be provided with the means to check that they are in good working order and their failure must be made apparent to the operator.

• Where the movement of machinery or its tools is particularly hazardous, signs on the machinery must be provided to warn against approaching the machinery while it is working; the signs must be legible at a sufficient distance to ensure the safety of persons who have to be in the vicinity.

3.6.2. Marking

• The minimum requirements set out in 1.7.3 must be supplemented by the following:

  • nominal power expressed in kW;

  • mass in kg of the most usual configuration and, where appropriate:

    • maximum drawbar pull provided for by the manufacturer at the coupling hook, in N;

    • maximum vertical load provided for by the manufacturer on the coupling hook, in N.

3.6.3. Instruction handbook

• Apart from the minimum requirements set out in 1.7.4, the instruction handbook must contain the following information:

  (a)

  regarding the vibrations emitted by the machinery, either the actual value or a figure calculated from measurements performed on identical machinery:

  • the weighted root mean square acceleration value to which the arms are subjected, if it exceeds 2.5 m/s², should it not exceed 2.5 m/s², this must be mentioned;

  • the weighted root mean square acceleration value to which the body (feet or posterior) is subjected, if it exceeds 0.5 m/s², should it not exceed 0.5 m/s², this must be mentioned.

  Where the harmonized standards are not applied, the vibration must be measured using the most appropriate methods for the machinery concerned.

  (b)

  The manufacturer must indicate the operating conditions of the machinery during measurement and which methods were used for taking the measurements;

  (c)

  in the case of machinery allowing several uses depending on the equipment used, manufacturers of basic machinery to which interchangeable equipment may be attached and manufacturers of the interchangeable equipment must provide the necessary information to enable the equipment to be fitted and used safely.