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The Provision and Use of Work Equipment Regulations 1998

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Rolling over of mobile work equipment

26.—(1) Every employer shall ensure that where there is a risk to an employee riding on mobile work equipment from its rolling over, it is minimised by—

(a)stabilising the work equipment;

(b)a structure which ensures that the work equipment does no more than fall on its side;

(c)a structure giving sufficient clearance to anyone being carried if it overturns further than that; or

(d)a device giving comparable protection.

(2) Where there is a risk of anyone being carried by mobile work equipment being crushed by its rolling over, the employer shall ensure that it has a suitable restraining system for him.

(3) This regulation shall not apply to a fork-lift truck having a structure described in sub-paragraph (b) or (c) of paragraph (1).

(4) Compliance with this regulation is not required where—

(a)it would increase the overall risk to safety;

(b)it would not be reasonably practicable to operate the mobile work equipment in consequence; or

(c)in relation to an item of work equipment provided for use in the undertaking or establishment before 5th December 1998 it would not be reasonably practicable.

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