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7. The Provision and Use of Work Equipment Regulations 1998(1) shall be amended—
(a)by substituting for paragraphs (1) and (2) of regulation 10 the following paragraphs—
“10.—(1) Every employer shall ensure that an item of work equipment conforms at all times with any essential requirements, other than requirements which, at the time of its being first supplied or put into service in any place in which these Regulations apply, did not apply to work equipment of its type.
(2) In this regulation “essential requirements”, in relation to an item of work equipment, means requirements relating to the design and construction of work equipment of its type in any of the instruments listed in Schedule 1 (being instruments which give effect to Community directives concerning the safety of products)”;
(b)by substituting for paragraph (2) of regulation 11 the following paragraph—
“(2) The measures required by paragraph (1) shall consist of—
(a)the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
(b)the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
(c)the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so,
and the provision of such information, instruction, training and supervision as is necessary.”;
(c)by substituting for paragraph (1) of regulation 18 the following paragraph—
“18.—(1) Every employer shall ensure, so far as is reasonably practicable, that all control systems of work equipment—
(a)are safe; and
(b)are chosen making due allowance for the failures, faults and constraints to be expected in the planned circumstances of use.”;
(d)in paragraph (2) of regulation 35, by substituting for the words “33(1)(a)(ii) or (2)(b)” the words “33”.
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