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European Regulations

In order to use a forklift, the owner must ensure that the European regulations are met in several areas like :

1) Machinery directive, applicable for any types of machinery including forklifts.
2) Diesel engine exhaust gas regulation, for the forklifts equipped with a diesel engine

1a) Machinery directive , 98/37/EC amended by 91/368/EEC, 93/44/EEC and 93/68/EEC

Introduction

On 1 January 1995 the Machinery Directive was introduced as a mandatory safety directive. This machinery directive is applicable to any kind of machinery and safety components placed on the market separately. For forklifts the machinery directive became mandatory on 1 January 1996.

The main objective of the Machinery Directives is the protection of the health and safety of persons, and thus to prevent, as far as possible, the placing on the market and putting into service of unsafe or otherwise non-compliant products.

Conformity with the Machinery Directive is indicated with the CE Marking, which is a mandatory marking for products falling within the scope of this Directive. CE stands for Conformité Européenne, French for European conformity. Without the CE Marking, and without complying with the provisions of the Directive, the product may not be placed on the market or put into service in the European countries that form the European Economic Area (the EEA consists of the member states of the EU and Norway, Iceland and Liechtenstein.) However, if the product meets the provisions of the applicable European Directives these countries may not prohibit, restrict or impede the placing on the market or putting into service of the product. The CE Marking can be regarded as a kind of product's trade passport for Europe.

In July 2000, the machinery directive was supplemented by 2000/14/EC : EC noise emission in the environment by equipment for use outdoors. (Also on our site at Info on Noise regulations )

Since the Machinery directive is a general directive covering all kind of machinery, standards are made to explain how to interpret the general requirements of the machinery directive for specific types of machinery

1b) Standards applicable for forklifts .

· EN 1726-1: Safety of Industrial trucks, part 1: General requirements

· EN 1175-1: Safety of Industrial trucks, Electrical requirements for trucks, part 1:

General requirements for electric powered trucks

· EN 1175-2: Safety of Industrial trucks, Electrical requirements for trucks, part 2:

General requirements for IC engine powered trucks

· EN12895:Industrial trucks, Electro magnetic compatibility

· EN 12053 : safety of industrial trucks-Test methods for measuring noise emissions

You can order the standards at : http://www.cenorm.be/catweb/cwen.htm

2) Diesel engine exhaust gas regulation 97/68/EC.

The first European legislation to regulate emissions from non-road (off-road) mobile equipment was promulgated on February 1998.The regulations for non-road diesels including forklifts, were introduced in two stages: Stage I implemented in 1999 and Stage II implemented from 2001 to 2004, depending on the engine power output.

STAGE ll

Net Power

(kW)

Date

(g/kWh)

NOx

(g/kWh)

75-130

2003-1

5.0

1.0

6.0

0.3

37-75

2004-1

5.0

1.0

7.0

0.4

A proposal for Stage lll/lV emission standards for non-road engines was published by the European Commission on December 27, 2002, and amended by the Parliament in October 2003. The Stage III standards would be phased-in from 2006 to 2013, Stage IV would enter into force in 2014. The Stage III/IV legislation applies only to new vehicles and equipment; machinery already in use can continue using Stage I/II engines, even when engines are replaced. The proposed Stage III/IV limits are harmonized with the U.S. Tier 3/4 standards.

20 December 2005

http://www.nissanforklift.co.uk/index.Regulations
No Responsibility accepted for the accuracy of this article (06/11/06)

Extract from Workplace transport safety (Employers' guide)
Reference to Seat Restraint
1002 Site operators and employers should check that workers are wearing seat restraints, and are not taking risks that might cause vehicles to overturn. Where seat restraints are fitted, they should usually be worn at all times. An exception might be warehouse lift truck operators picking orders in a warehouse (or similar work), where the surface is good, the vehicles move slowly, and workers need to get in and out of the vehicle frequently. A risk assessment should identify whether risks are low enough for seat restraints not to be worn.
1003 Only drivers trained to recognise and avoid a risk of overturning should be allowed to use vehicles.
1004 Site operators and employers should make sure that proper information is available on where and how seat restraints and other safety equipment should be used. This could include signs on safety areas and vehicles, clear floor markings and adequate training.
1005 In many situations, the driver restraint is simply to prevent the driver from trying to jump off an overturning vehicle and being crushed by the ROPS or FOPS (falling object protection system). If a vehicle begins to topple over, the driver should brace themselves against the back of the driver’s seat and hold firmly onto a secure part inside the cab. The driver should never try to jump out of a vehicle that is falling over.
1006 An ROPS on some kinds of vehicle can reduce the risk of injury if it overturns, but is not fully effective unless the driver is also wearing an appropriate restraint (for example, a seat belt). Drivers have been killed when a vehicle with a roll cage overturned, because they were not wearing the restraint provided.
1007 Drivers should be trained to follow safety procedures, wear proper restraints for their safety, and spot dangers and avoid them.
1008 If an employer has taken reasonable steps to monitor and enforce the wearing of restraints where they are appropriate, drivers who do not wear the restraint (or who carry passengers who do not do so) could be prosecuted.

Extracted from....
Workplace transport safety (Employers' guide)
HSE Second Edition 2005 ISBN 0 7176 6154 7
HSG 136
No Responsibility accepted for the accuracy of this article (07/02/07)

HSE URGES MOBILE WORK EQUIPMENT USERS TO MEET COMPLIANCE DEADLINE
The Health and Safety Executive (HSE) is warning users of mobile work equipment that they have just two months to comply with safety regulations.

Mobile work equipment includes, for example, fork-lift trucks, dumper trucks and tractors. For new equipment the requirement to comply with Part Ill the Provision and Use of Work Equipment Regulations 1998 (PUWER 98) has been in effect since 5 December 1998. However, for equipment in use before that date, there are just two months remaining before the four-year transitional period ends on 5 December 2002.
Timothy Walker, HSE’s Director General, said: “HSE is committed to reducing the number of deaths involving mobile work equipment. Last year 99 people were killed and over 8000 people were injured in accidents involving workplace transport. The entry into effect of Part Ill of PUWER 98 will contribute to reducing the unacceptable level of deaths and injuries.” The serious safety risks involved in the use of mobile equipment include: being struck by the vehicle; the vehicle rolling over; the driver or passengers falling from the vehicle or being struck by a falling object; unauthorised start-up of the vehicle; inadequate devices for braking and Part Ill of PUWER addresses these risks by requiring duty holders to ensure their equipment is safe to use. Duty holders may have to take measures such as retrofitting roll-over protective structures (ROPS), falling object protective structures (FOPS), operator restraints (seat belts, lap belts, etc) and driver visibility aids such as mirrors. For instance, if under the particular conditions of use, mobile plant is likely to overturn, the user must provide a ROPS and operator restraint. HSE is also reminding duty holders of the need to ensure that when mobile plant is used in conditions where overturn is likely, the operator restraint is worn. ROPS and restraints can be rendered useless if the driver of an overturning vehicle is not wearing the seat belt provided. Supervisors should regularly check that drivers are wearing seat belts where necessary.
No Responsibility accepted for the accuracy of this article

Deadline December 5th 2002
All mobile plant equipment such as fork lift trucks, dumpers and tractors which have been provided for use before 5th December 1998 must be brought into compliance with part 111 of the Provision and Use of Work Equipment Regulations 1998 (PUWER 98) by 5th December 2002. In real terms this has a major impact on Employers, the self employed or anyone in control 'to any extent' of mobile work equipment. It means that all relevant parties must ensure that their equipment is safe to use by preventing or controlling risks. This is not a completely new concept as the requirement of the regulations has been in effect for new equipment since the 5th December 1998. The are many risks involved in the use of mobile work equipment. But some of the most common risks are, being struck by the vehicle, the equipment tipping or rolling over, the operator of the equipment falling from the vehicle, the operator being struck by falling objects, unauthorised operation and use of the vehicle by untrained persons, braking systems not being maintained to correct and safe standards and bad or restricted driver visibility. PUWER 98 addresses these risks in part 111 by insisting that employers now take adequate measures to ensure that all work equipment in particular plant equipment is safe to use. There are many ways in which this can be achieved but one of the main areas to be addressed is: The fitting of restraining systems (seat belts, lap belts, etc) - PUWER 98 states under regulation 27 the requirement for 'provision of restraining systems to prevent crushing of the operator between the truck and the ground where there is a foreseeable risk of overturning' Due to the nature of a lift truck, all situations during use could constitute a risk of overturning therefore all Forklift trucks must be fitted with restraining devices of some kind by 5th December 2002 (further information on Fitting and use of restraining systems on lift trucks can be obtained by calling Us on 01536 517889 or in the HSE information sheet MISC241) It is a fact that unsafe work equipment is a major factor in a very large percentage of deaths and injuries every year. The statistics for 2001 alone show that three people were killed and 67 were seriously injured when they were struck by Industrial Lift Trucks. The changes in the regulations are evidence of the commitment of the Health and Safety Executive, to address this worryingly high amount of incident and injury
No Responsibility accepted for the accuracy of this article

Fitting and use of restraining systems on fork lift trucks
(February 2001)
The HSE have produced an information sheet (MISC241), which gives guidance on restraining systems on fork lift trucks as required by the Provision and Use of Work Equipment Regulations 1998 (PUWER).
This is contained in Regulation 27

Download this
pdf file Click Here

Clunk Click every trip
With effect from 5th Dec 1998 for all new trucks. With effect from 5th Dec 2002 for trucks already in use and owned by the operator. If your truck is on hire then it will take effect the next time it gets changed or serviced off site. In any event an action plan must be in force for fitting before 31st March 1999.

Recommendations ( rated capacity up to 10000 kg)
Counterbalance trucks that have a centre control sit down non elevating operator position including variable reach trucks will have a restraint. This device will reduce the risk of the operators body coming into contact with the ground in the event of tip over. Use of this restraint will be made aware to the operator by clear instructions in the cab and also in the operators hand book. In some cases an enclosed cab may act as reasonable means of restraint. Operator restraint will comply to the FME IV technical note- Operators restraint systems- Specifications and test procedures.

Reach trucks, straddle truck have been risk assessed as not requiring restraints as it is possible for the operator to step away from trouble rather than stay with the truck.

Further guidance can be obtained from BITA Guidance note 60.

HSE information sheet MISC. 156 (It is free!!)

Statutory Instruments
1998 No 2306 Health and Safety The Provision and Use of Work Equipment Reg 1998

HSE Press Release E248:00 -20 December 2000
HSE issues guidance on the fitting and use of restraining systems on lift trucks

The Health and Safety Executive (HSE) has published guidance on the fitting and use of restraining systems on lift trucks.

During the last three years more than 30 overturning incidents involving lift trucks were investigated by HSE. Many of these incidents resulted in fatal or major injuries when the operator became trapped between the truck and the ground while trying to jump clear.

The guidance explains when operator restraint should be fitted to a lift truck, when it should be used, and what to do if it cannot be fitted. It also describes the type of lift trucks most at risk of overturning and gives advice on how to prevent overturning accidents.

Gil Male, Head of Works Transport and Maintenance Section of HSE's Technology Division, said:

"Trying to jump clear of a lift truck when it has started to overturn puts operators at risk of serious injury. Proper use of operator restraint should prevent operators from jumping clear and reduce the often tragic consequences of these accidents".

The guidance is aimed at employers, drivers, and others with a responsibility for managing the safe operation of lift trucks.

Copies of Fitting and use of restraining systems on lift trucks (HSE Information Sheet MISC 241), can be ordered free of charge online at: http://www.hsebooks.co.uk or are available from HSE Books, PO Box 1999, Sudbury, Suffolk, CO10 2WA, tel: 01787-881165 or fax: 01787-313995.

NOTES TO EDITORS:

1. Employers have duties under the Health and Safety at Work etc. Act 1974 to ensure, so far as is reasonably practicable, the health and safety at work of their employees and others who are not their employees.

2. Under The Management of Health and Safety at Work Regulations 1999, employers and the self-employed are required to assess risks and take suitable and sufficient measure to address them. Regulation 4 refers to the hierarchy for combating health and safety risks so that the risk of overturning is prevented wherever possible. Regulation 14 requires that employees should use transport equipment in accordance with any training and instructions which have been provided.

3. The Provision and Use of Work Equipment Regulations 1998, Regulation 27, requires the provision of restraining systems to prevent crushing of the operator between the truck and the ground where there is a foreseeable risk of overturning.

PUBLIC ENQUIRIES:

Call HSE's InfoLine, tel: 08701-545500 or write to: HSE Information Centre, Broad Lane, Sheffield S3 7HQ.

FORK TRUCK ASSOCIATION AND HSE RESOLVE CONCERNS OVER DRIVER RESTRAINTS
Responding to concerns within the industry, the Fork Truck Association and the Health & Safety Executive held a meeting to resolve confusion surrounding the amendment to the EU Directive 89/6555 "Use of Work Equipment" - Directive 95/63. This required users of counterbalance forklift trucks under 10 tonne capacity to have seat restraints where there is any risk of tip-over.
Although not a major issue to manufacturers and trucks owned outright, the situation was problematic for hirers of existing forklift trucks because each new placement is interpreted as a new usage. This meant than even a relatively old machine would need to meet the same criteria as a new piece of equipment.
Steve Harris, President of the Fork Truck Association who attended the top-level meeting with senior representatives of the Health & Safety Executive said: "It was a very positive discussion. The HSE recognised the work being done by this Association to raise standards and to improve safety. They indicated that their inspectors will take a sympathetic view towards those companies that are clearly making efforts to comply with the new legislation."
As a result of the meeting, the Fork Truck Association has issued the following advice to those hiring forklift trucks:
Fit seat belts in a type-of-truck basis.
Do not try and fit a belt where the situation is clearly impossible
Do not fit belts where this would actually increase the risk to the driver (eg where the seat switch operates a "dead man" safety device and a belt would prevent the driver from activating it)
The Fork Truck Association suggests that a guide for testing the anchorage of a seat belt would the same as used on an agricultural vehicle: basically a 4.5 kilonewton load pulled forward at and angle of 45°.
Steve Harris continued "Our members have until 31st March 1999 to have an action plan ready. The important thing is that they must have made a start and be seen to be actively attempting to comply.
We are suggesting to all our members that they should keep good records of the six monthly thorough examination along with information on any remedial work carried out or pending. Those records should have the identification and location of each fork truck. It is also important that records are kept which show the application, risk and whether the truck is fitted with a seat belt or not," he explained.
Following the meeting the Health and Safety Executive have indicated that they want to continue to consult and work with the Fork Truck Association on an ongoing basis.
We welcome the possibility of co-operation with the HSE and see it as a positive step forward to ensuring that those involved in the sharp-end of the industry are fully represented when new legislation is being framed," said Steve Harris.
For more information contact:
Barry Lea, Secretary, Fork Truck Association, Riverview House, London Road, Old Basing, Basingstoke, RG24 7JL. Tel: 01256 460555 Fax: 01256 460565.

Issued on behalf of the Fork Truck Association by:
The John Knowles Company Ltd
Mariners Penwerris Lane Falmouth TR11 2PF

Tel: 01326 312451 Fax: 01326 314034
Contact: John Knowles Email: mail@jkc.co.uk
No Responsibility accepted for the accuracy of this article

Another companies Advice
Since 5th December 2002, all rider counterbalanced fork lift trucks fitted with either a mast or roll-over protective structure should be fitted with restraining system to effectively prevent the operator from being crushed between any part of the truck and the ground should it overturn. (see PUWER ACOP Regulation 27)
On some types of rider electric counterbalance fork lift truck there may be a likelihood of the battery becoming dislodged in the event of a truck turnover, thus allowing the operator to be crushed by the battery even though he/she may be wearing a safety restraint or lap belt. Obviously where the battery is likely to become dislodged a risk assessment would indicate that a means of securing the battery was necessary to minimise such risks as far as is reasonably practical.
Train-A-Lift Ltd have three such types of rider electric counterbalance lift trucks and the company overcame this problem by first fitting retaining strops over the battery and battery cover with the strop being anchored firmly to the truck frame. New operator seats with operator safety restraints were then fitted to the battery cover. This modification ensures that the battery, the battery cover and operator seat are all securely fitted to the machine, (see photo on this page).
With regards to the wearing of the safety restraint – it should normally be worn at all times by the operator whilst operating the machine. However some operators may be required to continually mount and dismount the machine as part of their normal job. In such cases the employer should carry out a risk assessment as to whether it is necessary to wear the safety restraint, this assessment should take into account not only the risk of truck turnover but also all other risks that would be reduced by the wearing of the restraint, such as collisions where the restraint would prevent the operator from being thrown forwards into the mast mechanism, etc.

In the case of diesel or LPG powered machines, where the operator seat and safety restraint are fitted to the engine cover particular care should be taken to ensure that the engine cover remains secure in the event of a truck turnover.

It is a safety requirement at Train-A-Lift that safety restraints should be worn at all times by staff instructors and trainees alike.

For further information on this article please contact either:
Frank Hartley,or Jim Brown on 024 7646 9027
http://www.train-a-lift.co.uk/view.php?id=6

How it works for Cars

Seatbelt law - you may not get a second chance
The DfT estimates by observational survey that front seat belt wearing rates have remained at 90-92% for several years. Now a stark new road safety campaign targeting the 10% of drivers and front seat passengers and the 40% of rear passengers who fail to wear seatbelts has been launched by Transport Minister Tony McNulty.
Around 10 front seat users are killed annually by unbelted rear seat passengers hitting them in a crash. The new campaign comprises a television advert and an interactive online crash simulator both highlighting the consequences of not belting up - even at lower speeds in urban areas, graphically depicting a road traffic accident. The TV ad ( running 8 - 27 September) shows the fate of three young men in a crash - wearing and not wearing seatbelts. The interactive road safety website demonstrates the importance of wearing a seatbelt, allowing users to try out different speeds and different occupants, including children.

"Too many drivers and passengers still fail to wear a seatbelt. This campaign continues our thought-provoking publicity to try and convince them of the need to belt up - even on short trips.
"Wearing a seatbelt can save your life - I hope our new campaign will be a powerful reminder to those who seem to forget." - Tony McNulty, Transport Minister said:

Seat belt wearing law is summarised in the table below

	Front seat	Rear seat	Who is responsible
Driver	Seat belt must be worn if fitted		Driver
Adult passengers, aged 14 upwards	Seat belt must be worn if available	Seat belt must be worn if available	Passenger
Child under 3 years of age	Appropriate child restraint must be worn	Appropriate child restraint must be used if available	Driver
Child aged 3 to 11 and under 1.5 metres (approx 5ft) in height	Appropriate child restraint must be used if available. If not an adult seat belt must be worn	Appropriate child restraint must be used if available. If not an adult seat belt must be worn if available	Driver