Did you know PUWER requires all those who supervise lift truck operations to
be adequately trained?..
"You must ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use
of the equipment, the risks that may arise from its use and the precautions to take" - PUWER Regulations 1998 (please see below)
Provision and Use of Work Equipment Regulations 1998 (PUWER)
These Regulations, often abbreviated to PUWER, place duties on people and companies who own,
operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.
PUWER requires that equipment provided for use at work is:
suitable for the intended use
safe for use, maintained in a safe condition and inspected to ensure it is correctly installed
and does not subsequently deteriorate
used only by people who have received adequate information, instruction and training
accompanied by suitable health and safety measures, such as protective devices and controls.
These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
used in accordance with specific requirements, for mobile work equipment and power
presses
Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting
equipment must also meet the requirements of LOLER, pressure equipment must meet the Pressure Systems Safety Regulations and personal
protective equipment must meet the PPE Regulations.
What is work equipment?
Work equipment is any machinery, appliance, apparatus, tool or installation for use at work
(whether exclusively or not). This includes equipment which employees provide for their own use at work. The scope of work equipment is therefore extremely wide. The use of work equipment is also very widely interpreted and '...means any activity involving work equipment and includes starting, stopping, programming, setting,
transporting, repairing, modifying, maintaining, servicing and cleaning'.
What you must do
If your business or organisation uses work equipment or is involved in providing work equipment
for others to use (eg for hire), you must manage the risks from that equipment. This means you must:
ensure the equipment is constructed or adapted to be suitable for the purpose it is used or
provided for
take account of the working conditions and health and safety risks in the workplace when
selecting work equipment
ensure work equipment is only used for suitable purposes
ensure work equipment is maintained in an efficient state, in efficient working order and in
good repair
where a machine has a maintenance log, keep this up to date
where the safety of work equipment depends on the manner of installation, it must be inspected
after installation and before being put into use
where work equipment is exposed to deteriorating conditions liable to result in dangerous
situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
ensure that all people using, supervising or managing the use of work equipment are provided
with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
ensure that all people who use, supervise or manage the use of work equipment have
received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
where the use of work equipment is likely to involve a specific risk to health and safety
(eg woodworking machinery), ensure that the use of the equipment is
restricted to those people trained and appointed to use it
take effective measures to prevent access to dangerous parts of machinery. This will normally
be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger
zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the
hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and
guidance or, for woodworking machinery, the Safe use of woodworking
machinery: Approved Code of Practice and guidance
take measures to prevent or control the risks to people from parts and substances falling or
being ejected from work equipment, or the rupture or disintegration of work equipment
ensure that the risks from very hot or cold temperatures from the work equipment or the
material being processed or used are managed to prevent injury
ensure that work equipment is provided with appropriately identified controls for starting,
stopping and controlling it, and that these control systems are safe
where appropriate, provide suitable means of isolating work equipment from all power sources
(including electric, hydraulic, pneumatic and gravitational energy)
ensure work equipment is stabilised by clamping or otherwise to avoid injury
take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while
the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety
When providing new work equipment for use at work, you must ensure it conforms with the
essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations). You must check it:
where employees are carried, the equipment is suitable for that purpose
the risks from rolling over are minimised, and any person being carried is protected in the
event of fall or rollover. This should include protection against crushing, through the provision of a suitable restraint and a rollover protection system
self-propelled equipment can be controlled safely with braking devices, adequate driver vision
and, where necessary, lighting
measures are taken to prevent any risks from drive shafts that power accessories attached to
mobile work equipment, by using adequate guards
When providing power presses for working on cold metal, you must thoroughly examine them and their safeguards before first putting them into use, and periodically
afterwards. This means you must ensure that the inspection and testing of guards and protection devices is carried out by a competent person at frequent intervals, and that records of these
examinations, inspections and tests are kept.
What you should know
The Provision and Use of Work Equipment Regulations 1998 replaced the original PUWER
regulations first introduced in 1992. The main change was in the coverage of mobile work equipment, woodworking equipment and power presses allowing the repeal of the 1965 Power Press Regulations and
a number of other older regulations, including those on woodworking machinery.
While the ACOPs are not law, they were made under section 16 of the Health and Safety at Work Act (HSW Act) and so have a special status, as outlined in
the introduction to the PUWER ACOP:
'Following the guidance is not compulsory and you are free to take other action. But if you do
follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good
practice.'
Other more specific legislation may also apply (for example LOLER, when lifting equipment is
used at work). In some cases, equipment used at work is more appropriately covered by other, more specific legislation (eg the Personal Protective Equipment Regulations and the Electricity at Work Regulations). You may therefore have to ensure that the requirements of other legislation are met alongside those of PUWER; for
example, the Workplace (Health, Safety and Welfare) Regulations, in relation to the workplace risks to pedestrians arising from mobile work equipment.
Although PUWER has a wide application, there is a general exclusion covering the use of ship's
work equipment in most situations because there are other provisions for the safety of this equipment under merchant shipping legislation.
Most new work equipment that is machinery will also fall within the scope of the Supply of Machinery (Safety)
Regulations 2008. Machinery, and certain other work equipment within scope of these Regulations, must undergo conformity assessment and have appropriate conformity marking and be correctly
labelled before being placed on the market or brought into use. This includes:
machinery which needs to be installed on / with other equipment or in a structure before it
can be used
safety components placed independently on the market
lifting equipment / accessories
Partly completed machinery (components which are almost machinery but which cannot themselves
perform a specific function) also comes within scope of the Supply of Machinery (Safety) Regulations 2008. These must come with comprehensive instructions for safe incorporation and a Declaration of
Incorporation
Manitou unveils new scissor lift range
LOCAL NEWS
-7 Mar
2024 ( #1169 )- Ancenis,
France
The new
scissor lift models are powered by efficient AC motor
French aerial work platform manufacturer Manitou Group has launched a new range of scissor lifts.
The range initially has two models, the SE 0808 with a working height of 8 m, and the SE 1008 with a working height of 10 m, with a third 12 m
model, the SE 1212, to be launched later in the year.
The new scissor lift models will be available in Europe from April, with distribution expected to extend beyond Europe next year.
“We have big ambitions in the scissor market, where demand is very strong,” says Samuel Viaud, Manitou scissor lift product manager.
The scissor lifts are powered by efficient AC motors and are maintenance free for their entire service life.
The new models, designed to operate on flat stabilised ground, both indoors and outdoors, can be used in a wide range of industries, including
electrical, plumbing and installation of fire protection systems.
Company fined after worker spotted on pallet raised by forklift truck
A company has been fined after shocked onlookers spotted an employee precariously working from height while standing on a pallet raised by a forklift truck at Ramsgate Harbour.
The Health and Safety Executive (HSE) prosecuted European Active Projects (EAP) Limited for breaching Work at Height Regulations after one of its workers was spotted on the pallet on 8 July 2022. The
workplace regulator was alerted to the activity after it was reported by a member of the public, who managed to capture the terrifying debacle on video.
The worker was part of a team of three at EAP Limited that were removing work equipment from the deck of a boat in the harbour’s slipway.
As scaffolding had been removed, the workers raised a pallet to the deck with a forklift truck and used it as a mobile platform to remove items from the boat.
One of the workers was then witnessed climbing from the side of the vessel, beneath the guard rails, and onto the pallet with a heavy, motorised pressure washer. The pressure washer was then lowered
to the ground.
The HSE investigation found EAP Limited had failed to plan the work at height associated with the refurbishments and repair work being completed on the boat, leaving workers at risk, with no safe
method for removing equipment located on the vessel’s deck.
European Active Projects Limited, of Chatham Docks, Gillingham Gate, Chatham, Kent, pleaded guilty to breaching Section 4(1) of the Work at Height Regulations 2005. The company was fined £100,000 and
ordered to pay £5,730.40 in costs at Maidstone Magistrates’ Court on 20 December 2023.
HSE inspector Samuel Brown said: “This incident demonstrates why there is a need to appropriately plan and supervise work at height. Clearly, lessons had not been learnt since the company’s previous
prosecution in 2015.
“Falls from height are still the biggest cause of fatal accidents involving workers.
“The risk of workers falling from the pallet and sustaining serious, possibly fatal, injuries should not be ignored. Fortunately, no workers were harmed and the reporting of the incident by a
concerned member of public enabled HSE to intervene and prevent any further unsafe work at height on site.”
This HSE prosecution was brought by HSE senior enforcement lawyer Nathan Cook and supported by HSE paralegal officer Cristina Alcov.
Notes to editors:
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury
and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are
supported by globally recognised scientific expertise.
More information about the legislation referred to in this case is available.
Manufacturing company fined half-a-million pounds after forklift truck death
The mother of a man who was killed when the forklift truck he was driving overturned says she still feels angry as he ‘simply went to work and didn’t come home.’
Jamie Anderson
Jamie Anderson was killed on 4 June 2019, when the forklift truck he was operating overturned at a depot in Newark.
The 35-year-old father of one, was found in the car park trapped under the roll cage of the vehicle. He had been using a counterbalance forklift truck to move waste material when it clipped a
kerbstone at the edge of the roadway and overturned. He was not wearing a seatbelt.
His mum Sarah Anderson, a care assistant from Newark, said: “No mother should lose a child and for Jamie’s son Harley he has lost a loving father.
“As a family we have gone through all emotions, and I still feel angry as Jamie simply went to work and didn’t come home. This should not have happened.
“He was a happy-go-lucky boy and would do anything for anyone. It’s the everyday things that remind me of him and I miss his smile and blue eyes. He’s missed so much.”
An investigation by the Health and Safety Executive (HSE) found that The Barcode Warehouse Ltd failed to enforce the use of seatbelts by forklift truck operators. They should have properly risk
assessed the use of forklift trucks on their premises and enforced the use of seatbelts. Instead, it was left to individuals to choose whether to wear a seatbelt or not.
At Nottingham Magistrates’ Court on 8 November the Barcode Warehouse Ltd of Telford Drive, Newark pleaded guilty to breaching Section 2(1) of the Health & Safety at Work Act 1974. They were
fined £500,000 and agreed to pay costs of £7,039.55.
Speaking after the hearing HSE inspector, Tim Nicholson said: “This tragic incident led to the avoidable death of a young man. Jamie’s death could easily have been prevented if his employer had acted
to identify and manage the risks involved and enforced the use of seatbelts by forklift truck operators.”
This HSE prosecution was supported by HSE lawyers Nathan Cook and Jonathan Bambro, and Paralegal Officer Rubina Abdul-Karim.
Notes to Editors:
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury
and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are
supported by globally recognised scientific expertise.
More information about the legislation referred to in this case is available.
Blackpool clothing company fined after worker hit by forklift truck
A Blackpool clothing firm has been fined £40,000 after a man was seriously injured when he was hit by a forklift truck.
Self-employed delivery driver Andrew “John” Robinson suffered multiple leg fractures and a dislocated ankle as he collided with the vehicle while delivering goods at T. Print Limited’s Bristol Avenue
site in Blackpool on 25 March 2022.
The 53-year-old, from Blackburn, had to be airlifted from the scene and spent a month in hospital because of his injuries. He has required multiple follow-up operations and, over a year later, has
still not recovered sufficiently to be able to work.
Mr Robinson says the incident and recovery has ‘taken a toll on his mental health.’
A Health and Safety Executive (HSE) investigation found T. Print Limited had failed to ensure that there were adequate measures in place to ensure the safe segregation of delivery drivers from the
unloading and loading activities, as Mr Robinson was not instructed to stand or wait in a safe area during the unloading of his vehicle. The dangers should have been identified by a suitable and
sufficient assessment of the risks.
In a statement presented to court, Mr Robinson, 53, said: “During the incident I sustained serious injuries to both of my legs. I have had six surgeries in the last year, including bone and
skin grafts.
“I am still not allowed to weight bear on one of my ankles and have no freedom currently due to my injuries; I cannot drive, and my mobility is limited. I live in a first-floor flat, but the stairs
are not manageable without help. Before, I was a strong independent man, but the incident and slow recovery has taken a toll on my mental health.
“Sometimes I wish that I had lost my legs instead, as I have had enough of the pain.”
T. Print Limited, of Bristol Avenue, Bispham, Blackpool, Lancashire, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered
to pay £4,696.95 in costs at Liverpool Magistrates’ Court on 20 July 2023.
HSE inspector Matthew Shepherd said: “The company had failed to implement a safe system of work for its loading and unloading activities thereby exposing delivery drivers, such as Mr Robinson, to the
risk of being struck by the forklift truck conducting the unloading operation. Mr Robinson sustained serious injuries which have had a significant impact on his life.
“All work settings that use forklift trucks to load or unload goods, need to consider the risks arising from their use and implement adequate segregation controls to ensure the safety of pedestrians,
such as delivery drivers, during these activities.”
This HSE prosecution was supported by HSE enforcement lawyer Krystal Savoie and HSE paralegal officer David Walker.
Notes to editors:
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury and
ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are supported
by globally recognised scientific expertise.
More information about the legislation referred to in this case is available.
£600,000 fine for company after employee died while loading lorry
An East Yorkshire garden landscaping supply company has been fined £600,000 after an employee died while loading a lorry.
Brian White, 59, was working for Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, East Yorkshire, on 15 June 2018.
Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.
An investigation by the Health and Safety Executive (HSE) found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. HSE also found that the systems of work provided for ensuring that vehicles were not moved during
loading activities were inadequate.
Kelkay Limited, of Heck And Pollington Lane, Pollington, East Yorkshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and
ordered to pay £20,848.71 in costs at Grimsby Magistrates’ Court on 30 March 2023.
Brian White was killed while loading a lorry
Brian’s eldest son Barry said: “Not a day goes by without me thinking of my dad and how we have lost a massive part of our family. He was our rock who we could turn to for advice and help.
We have lost a friend and a father and a grandad all in one go.
“He was a well-known part of the local area and his loss has affected many people around the community.
“We miss him so much. It still upsets me to this day and we will always remember him. Rest in peace dad.”
Brian’s partner Joan said: “Brian went to work on that day but didn’t return home through no fault of his own.
“We had made plans for the future together but then everything was turned upside down on that day.
“My life was then a total disaster from that day.”
HSE inspector John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.”
“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”
Notes to Editors:
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. We prevent work-related death, injury
and ill health through regulatory actions that range from influencing behaviours across whole industry sectors through to targeted interventions on individual businesses. These activities are
supported by globally recognised scientific expertise.
More information about the legislation referred to in this case is available.
HSE guidance on the dangers of loading and unloading vehicles safely is available.
Company fined after workers injured in forklift truck
crash
4th February 2021
A carpet sample book manufacturer has been fined after two workers were seriously
injured in an incident where a forklift truck crashed into an onsite refuse skip.
Manchester Magistrates’ Court heard how on 29 July 2019, three workers at Profile Patterns Limited had been emptying waste from plastic bins at their site in Wigan. They were using a forklift truck
to raise the bins to a height that enabled a worker at either side of the truck to manually tip the bins into a skip. When one of the bins became trapped between the side of the skip and the forks,
the driver of the forklift truck climbed on top of the skip to free the bin whilst the other two employees remained standing at either side of the forklift truck. Another employee was asked to
reverse the forklift truck to aid the release of the bin.
However, after reversing, the forklift truck then moved forward crashing into the skip causing the employee on top of the skip to fall. One of the workers standing at the side of the truck became
impaled by her right arm by the fork. The two workers sustained serious fractures that required hospital treatment.
An investigation by the Health and Safety Executive (HSE) found that Profile Patterns Limited did not take effective measures to ensure the health and safety of employees in relation to the risks
arising from the use and operation of forklift trucks. The company failed to implement a safe system of work and provide adequate instruction and training to employees. It was established that
tipping bins into the skip in this way was normal working practice that had taken place over a considerable length of time, throughout which employees were placed at significant
risk.
Profile Patterns Limited of Makerfield Way, Ince Wigan, Lancashire, pleaded guilty to breaching sections 2(1) and 3(1)
of the Health and Safety at Work etc. Act 1974. The company was fined £20,000 and ordered to pay costs of £4,435.
Speaking after the hearing, HSE inspector Emily Osborne said: “The risk of injury from this unsafe working practice was foreseeable and the incident could so easily have been avoided.
“Profile Patterns Limited should have put in place a number of safety measures including appropriate segregation of vehicles and pedestrians and a safe system of work for emptying the bins.
“Those in control of work also have a responsibility to provide the necessary information, instruction and training to their workers in order to carry out work safely.
The Health and Safety Executive (HSE)
COVID-19 Update - 7 January
2021 (UK only)
TheHSE (Health & Safety Executive)have reviewed and slightly
amended their pre-Christmas statement regarding lift truck operator training and Covid19. HSE have confirmed that urgent and essential lift truck operator training can continue during the
current national lockdown. In the statement the HSE have provided 10 points of consideration for employers and training providers which will help to manage the risk of COVID-19 transmission
during training (bold text below).
Cleared statement from HSE - 7th January
2021
Employers are required to ensure that their staff are trained and
competent to operate any industrial lift truck equipment they use. Initial or refresher training may be required for new starters, for existing staff using new types of equipment, or as a refresher
for existing staff.
Lift-truck operators, even those who are trained
and experienced, need to be routinely
monitored in the workplace and, where necessary, retested or given refresher training to make sure they continue to operate lift trucks safely. There is no specific time period in law after which
refresher training or a formal assessment is required. However, employers may decide that automatic refresher training or a retest after a set period (for example 3-5 years) is the best way to make
sure staff remain competent.
To reduce the risk of COVID-19
transmission, employers and training providers should apply the hierarchy of control to manage the risks of training and consider:
Whether the training needs to be done urgently, based
on their own assessment of drivers’ competence and experience;
If there are other staff with the appropriate training
who could carry out the tasks on a short-term basis;
Checking in advance of the training going ahead that
no one is exhibiting Covid-19 symptoms;
Providing a system for entering and leaving sites that
maintains social distancing and minimises touch points and shared contact surfaces, such as pens, pointers, or touch screens;
Ensuring that staff and all visitors have easy and
safe access to toilets and handwashing facilities with hot and cold running water, and that handwashing is carried out at regular intervals;
Considering how social distancing can be maintained.
This may mean reducing class size where suitable distancing cannot be maintained otherwise;
Sanitising shared surfaces such as equipment controls
between users;
Providing fresh air ventilation wherever possible by
opening windows or doors. Mechanical ventilation should not be set to air recirculation mode;
Considering use of alternative learning methods such
as e-learning or webinars where practicable;
Minimising face to face work wherever
possible.
Face coverings are not PPE and should not be
used as a substitute for suitable risk control measures.
Employers should consult the Government COVID-19
guidance atCoronavirus (COVID-19): guidance and support - GOV.UK (www.gov.uk)when deciding how training can be carried out safely. It remains the employer’s responsibility to not allow anyone to operate lift trucks on any premises without
authorisation.
Authorisation should only be given where
employees have completed suitable training in line with the guidance athttps://www.hse.gov.uk/pubns/indg462.pdfand have achieved an
appropriate level of operating ability.
Take care and Stay safe
HSE clarifies LOLER position on hand pallet trucks
There has been considerable confusion in the marketplace as to whether low-lift equipment such as a hand pallet truck – which only raises the load sufficiently clear of the floor to enable horizontal
movement – is subject to LOLER examination. BITA guidance has always been that this equipment is not carrying out a lifting operation, and is not, therefore, subject to LOLER.
The HSE confirms this view and has recently updated its Approved Code of Practice to clarify that LOLER applies to “high-lift pallet trucks, both manual and powered, that have the ability to raise
the forks above 300mm”. The approved code of practice can be downloaded free of charge from https://www.hse.gov.uk/pubns/books/l113.htm
Use of mobile phones on Fork lift trucks
The HSE publication: Use Lift Trucks Safely (INDG457) clearly states:
NEVER use mobile phones or other hand-held devices while operating or travelling a lift truck.
Further information is available in the following publications which are readily available from HSE Books. You can also contact HSE Books on 01787 881165.
Title: Use Lift Trucks Safely
HSE Code: INDG457
ISBN: 9780717665488
Issue year: 201
Print 