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Operators  Inspection Book 

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Operators Pre-use Shift Check & Through Inspection


When should an operator inspect the forklift truck?

An operator should inspect the forklift truck every day before using.

What does a daily inspections involve?

The operator should carry out a visual check ("circle" check) before starting the forklift. After completing the visual pre-start check, the operator should do an operational pre-use check.

What should an operator inspect during the visual pre-use check?

  • General condition and cleanliness.

  • Floor -- clear of objects that could cause an accident.

  • Overhead -- no obstructions.

  • Nearby objects to avoid as you drive away.

  • Engine oil level, fuel level, radiator water level (LPG, gas and diesel forklifts).

  • Battery -- fully charged; check cables for exposed wires; battery plug connections not loose, worn or dirty; vent caps not clogged; electrolyte levels in cells; hold downs or brackets keep battery securely in place.

  • Bolts, nuts, guards, chains, or hydraulic hose reels not damaged, missing or loose.

  • Wheels and tires -- check for wear, damage, and air pressure, if pneumatic tires.

  • Forks -- forks not bent; no cracks present; positioning latches in good working condition; carriage castling not broken, chipped or worn.

  • Chain anchor pins -- not worn, loose or bent.

  • Fluid Leaks -- no damp spots or drips.

  • Hoses -- held securely; not loose, crimped, worn or rubbing.

  • Horn -- working and loud enough to be heard in working environment; other warning devices operational.

  • Lights -- head lights and warning lights operational.
    Report any problems identified in daily check to the supervisor immediately

No Responsibility accepted for the accuracy of this article

 

It is recomended that a record of the daily check be kept.

DAILY CHECKLIST (Example only)

 

It is the responsibility of the operator to ensure that the truck is ready and safe to use

Operators Name…………………………………………….…..   Date …………………..…………

Machine ID………………………………………………………………….

Lift truck pre-use record

Item

* Y or N

Defect

Reported to

1. Fork arms   

     

2. Carriage plate

     

3. Load guard

     

4. Mast

     

5. Mast rollers/slides

     

6. Lift chains and pulleys

     

7. Hydraulics

     

8. Tyres

     

8. Wheels

     

9. Operating position

     

10. Operators seat

     

11. Gas truck cylinder safe

     

12. Starting procedure i.c.e

     

13. Starting procedure Electric

     

14. Lights

     

15. Audible warnings

     

16. Hydraulic controls

     

17. Driving & breaking

     

18. Steering

     

19. External condition

     

20 Any unusual noises

     

  After carrying out the above checks please sign below…

I have carried out the above checks and…..

----------------------------------------

It is in good working order:-                   Operators  Sig

 

Reported a defect to:-                              Operators  Sig

 

Found the truck UNFIT for use:            Operators  Sig

 

Action Taken and by whom

 

 

Supervisors Signature

A faulty truck should not be used until it has been repaired
Report all faults to the Supervisor or Manager
Do not attempt to repairs your self unless authorised

 

Operator pre-shift check books
It is important that an operator is able to do a "informed" and "knowledgeable check" of the lift truck that they are going to operate on an employers behalf. This standard has been addressed by the accrediting bodies by incorporating a visual check at the time the operator is tested. And that check is recorded as part of there awareness training. However in most cases that is where this good practice stops. To help with this Thomas Truck Training have designed an "Operators Check Book" that can be used at the start of every shift, and is based on what the operator already knows as good working practice. We have even incorporated a description of what should be checked should the operator forget at the start of a shift at 4AM !!   Click here for more details

 

Can you spot the fault??

 
Click on the pick for a "Through Inspection" inspection
And this is what you could have missed.

Although the Thorough Examination of lifting equipment, which includes fork lift trucks, has been a requirement since 1998, there are still some areas of confusion and misunderstanding.

This applies to all fork lift trucks and pallet trucks but also  to other types of lifting equipment.

Any person who is responsible for the safe and legal use of fork lift trucks should have a sound understanding of the following information. 
including.... 

  • the employers
    managers of fork lift truck operators, 
    owners of fork lift trucks
    maintenance engineers of fork lift trucks
    drivers.

A Thorough Examination is a statutory requirement for lifting equipment under the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER 98), Regulation 9. It has the same purpose as an MOT inspection by providing a report which identifies that the lifting equipment is safe to use, and/or advice that needs to be followed to avoid risks in use. It is just as important as an MOT probably more so! There is a legal requirement for a Thorough Examination to be carried out on fork lift trucks at least once a year, and often more frequently depending on conditions of use.

There are legal requirements under the Provision and Use of Work Equipment Regulations 1998 (PUWER 98), Regulation 6. They require all safety aspects of the truck to be inspected, and actions specified to remedy any defects found before they can create risks in use. To avoid duplication of effort the inspection of these other items would normally be carried out within the Thorough Examination

A Chain Inspection is the name often used for inspections under old legislation. As a term it is out of date. A Thorough Examination includes the inspection of chains and forks, but much more besides

A LOLER Inspection is sometimes used, incorrectly, to describe a Thorough Examination. It is used because LOLER is the shortened version of “Lifting Operations and Lifting Equipment Regulations 1998”. These regulations, and the associated Approved Code of Practice, prescribe the format to be used for the Report of a Thorough Examination. It is safest to stick to the term Thorough Examination

A Safety Inspection is a term sometimes used to describe Thorough Examination under LOLER 98 and other inspection requirements under PUWER 98. To avoid confusion the FLTA embraces both requirements within the term Thorough Examination.

A Thorough Examination is the inspection of lifting equipment, as required by LOLER 98, and other safety related components or equipment, as required by PUWER 98. A Competent Person is required to examine these items, check them for serviceability and report accordingly. It is not a full maintenance inspection of the truck. A Thorough Examination is substantially different from a maintenance inspection and the Competent Person has different duties to fulfil under the law.

Although A Thorough Examination can cover both regulations, it is a single examination.

LOLER 98   PUWER98
 Chains
 Forks
 Mast
 Carriage
 Tilt Mechanism
Breaks
Steering
Seat Restraint
Overhead Guard 
Tyres

Through
Examination

This is a legal requirement

 

 

 

 

The employers responsibility. Under Health and Safety legislation the employer has a duty of care “It shall be the duty of every employer to ensure, as far as is reasonably practical, the health, safety and we/fare at work of a/I his employees”. The employer must ensure that the fork lift trucks that his/her operators use are safe. This is achieved through the implementation of a programme of Thorough Examinations. (Remembering that Thorough Examinations run alongside necessary maintenance procedures and checks. But not in place of them.)

The employer is the owner of the fork lift truck. His duty is clear. The employer must make arrangements for every fork lift truck to be Thoroughly Examined on a regular basis, at least once per year. (The actual frequency to be determined by a Competent Person.)

The employer who is not the owner of the fork lift truck but leases it, or rents it on a long term basis, usually 12 months or more, the responsibility is the same as though the trucks were his own.

The employer who is on short term lease or contract of a fork lift truck of say less than 12 months, then the owner of the truck, the rental company, is responsible for arranging the Thorough Examination. However, the employer must still satisfy himself that such an examination has been conducted at an appropriate time. This can be achieved by insisting that a copy of the current Report of Thorough Examination is provided with other rental documentation. If there is not one supplied then demand to see it before you let your employees use the truck.

A Competent Person for the purpose of Thorough Examination is an experienced service engineer or examiner who meets the general criteria as explained in LOLER 98

   An authorised fork lift truck service engineer.
   An insurance company lifting equipment examiner.
   An examiner from a specialist inspection company.

A Competent Persons training should fall into one of the following categories bearing in mind that you probably cannot carry out your own MOT inspections.

The important considerations are....

    An already competent person, must authorise the engineer as a Competent Person for the purpose of conducting Thorough Examinations.
    The engineer must have an appropriate level of experience and training. A recommendation of a minimum of 5 years’ experience as a fork lift truck service engineer and successful completion of a Thorough Examination course may be reasonable. Along with a revalidation every 5 years.
    A Competent Person validating for his own company needs to be independent from the routine maintenance of the lift trucks. This means that there needs to be a number of suitably qualified engineers, and a management system to prope
rly control them.

A Thorough Examination on a periodic basis. BITA GN28 recommendations on intervals for periodic Thorough Examination which are......

Minimum Intervals Between Examinations             Operating Circumstances
12 months Any truck working up to 40 hours
 per week, without attachments other 
than side shift. (mandatory)

6 Months

Any truck used for lifting persons, 
no matter how infrequent (mandatory)

6 Months

Any truck fitted with an attachment 
other than a side shift.

6 Months

Any truck working between 40 and 80
 hours per week.
4 Months Any truck working in excess of 80 hours
 per week.
4 Months
Any truck working in arduous conditions
Such as....

Marine environments
Corrosive chemical environment
Metal manufacturing or processing
Cement/aggregate processing, or 
abrasive partials are present
Brine Processing

Extracted from BITA note GN28

These guidelines have been issued to HSE Inspectors. There is also a requirement to have a Thorough Examination if the fork lift truck has been involved in a major incident or if it has had significant repairs or renovation. 

Seat restraints may not always be required. For example reach trucks and trucks with stand-on operators do not need to have a seat belt fitted. Additionally in certain circumstances older counterbalance trucks may still be used without a seat belt, but such use should be backed up with a written risk assessment. For further information see the HSE Information Sheet MISC 241

If the Thorough Examination fails then the Competent Person will make a report. On the report he/she will list any defects they have found. If there are no defects then the fork lift truck can continue in use. With defects that do not create imminent risk. A timescale may be given within which the faults must be rectified. It must within this period, but meanwhile the equipment may continue in use. The equipment may also be taken out of use until the faults have been rectified. The Competent Person will then check that the defects have been rectified within the given period. Where there is a defect that could imminently be of danger to persons, the Competent Person is bound to recommend that the equipment cannot be used until the fault has been rectified. In these circumstances the equipment must be taken out of use immediately. It may not be used again until the defect has been rectified and signed off by a Competent Person.

The Competent person reports that the lift truck truck is fit for use.  However, he/she does have a duty to send a copy of there report to the relevant enforcing authority in certain situations. This applies where there is, in there opinion, a defect in the equipment involving an existing or imminent risk of serious personal injury. This requirement is limited to those cases where there would be a risk of serious personal injury arising from failure of the equipment should anyone attempt to use it further to the time of the examination. Examples would be a broken link in a chain or a cracked brake pipe.

The need for a formal MOT inspection does not apply to a fork lift truck, but it must have a Thorough Examination instead. This is a specific legal requirement and must be completed as such. It may be that faults are found that the Competent Person can fix, if they are also a service engineer, before they leave your site. That’s fine. That’s one of the benefits of using a Competent Person from a fork lift truck company. However, it should be remembered that the Competent Person is legally obliged to comment on safety related faults in the Report of Thorough Examination. That way a true record of the equipment is being kept. That’s in everyone’s best interests, especially the employer.

The Thorough Examination is an additional item on your maintenance contracts. It is a separate safety inspection. You may have a contract that includes it, but it should be stated separately. additional item.

The company's competent person can carry out a Thorough Examination as you already have cranes and hydraulic jacks and other lifting equipment. Additionally deciding to maintain your fork lift trucks with a fork lift truck company, but have all your lifting equipment Thoroughly Examined by a specialist inspection company

A fork lift truck company has your maintenance agreement then they will no doubt arrange and invoice the Thorough Examination separately. You should expect it to be carried out by a different engineer to the one who usually services and/or repairs the truck. This other engineer may also be able to carry out the next due service, but he will treat the Thorough Examination and the service as two different events. This is because he is required to carry out, and report on the Thorough Examination as a specific safety inspection, just like an MOT

The Thorough Examination is a specific legal requirement and must be completed as such. It may be that faults are found that the Competent Person can fix, if they are also a service engineer, before they leave your site. That’s fine. That’s one of the benefits of using a Competent Person from a fork lift truck company. However, it should be remembered that the Competent Person is legally obliged to comment on safety related faults in the Report of Thorough Examination. That way a true record of the equipment is being kept. That’s in everyone’s best interests, especially the employer.

Infrequent use of a fork lift has the same requirements for Thorough Examination as any other fork lift  No exceptions.

The use of hand pallets. There is an argument that more accidents are caused by hand-pallet trucks than by any other types of lifting equipment. Hand pallet trucks come under LOLER 98 but the risks associated with their use are relatively low compared to ride-on trucks. With this in mind, they are not required to have formal safety inspections. However, owners must be able to demonstrate that they have procedures in place that check they are safe to use. Routine maintenance inspections would need to be carried out. The safe recommendation is that they are Thoroughly Examined. It will not be a long or complex task. Consider having  them examined at the same time as other equipment.

Further information....

These publications can be purchased from HSE Book (Tel: 01787 881165)

• Safe Use of Work Equipment
Provision and Use of Work Equipment Regulations 1998
(PUWER 98)
Approved Code of Practice And Guidance
HSE Code L22
ISBN Code 0-7176-1626-6

 •    Safe Use of Lifting Equipment
Lifting Operations and Lifting Equipment Regulations 1998
(LOLER 98)
Approved Code of Practice and Guidance
HSE Code L113
ISBN Code 0-7176-1828-2

This publication can be purchased from British Industrial Truck Association (BITA)
 (Tel: 01344 623800).
 •    Safety Inspections Of Industrial Lift Trucks
GN28

This publication can be purchased from Fork Lift Truck Association (FLTA)
(Tel: 01256 381441)

 •    Technical Bulletin 05

No Responsibility accepted for the accuracy of this article

 

FAQ On Through Inspection Extracted from a magazine representing the Forklift Industry

The British Industrial Truck Association (Bita) and the Fork Lift Truck Association (FLTA) have joined forces to introduce a new scheme that, they say, will ensure uniformly high standards in the implementation. 

But what exactly is Thorough Examination? How will failure to comply with it affect your business?

Who are CFTS and what is the national scheme for Thorough Examination?
CFTS is a joint ven­ture between the two major industry trade associations in materials handling: the Fork Lift Truck Association (FLTA); and the British Industrial Truck Association (Bita).
These associations represent the manufacturers, dealers, suppliers of related products and, increasingly, the actual users of equipment covered by the Thorough Examination regulations. As professionals and in co-operation with  HSE, they have produce a unique scheme which carries authority.
Its two keystones an examination process developed by the whole fork lift industry and a Quality
Assurance Procedural Code and operators. The scheme’s aim is to ensure uniformly high standards in the implementation of Thorough Examination.

How will the national scheme be recognised?
All documentation associated with the scheme will bear a distinctive new mark. This will be seen as the mark of quality in Thorough Examination. It is designed to represent like in other industries an industrial safety ‘kite mark’. It incorporates an angle and arc, denoting inspection, and a symbolised fork lift which doubles as a tick of approval.

Only a company accredited to the scheme will be allowed to use the new certification and quality mark. And only companies which have proved themselves capable of and committed to adhering to the strict CFTS Quality Assurance Procedural Code can be accredited.

What is a Thorough Examination?
It is to be considered like a car’s  MOT... but much more stringent. Both a Thorough Examination and an MOT are means of certifying that, at the time of testing, all components which have a bearing on safety have been formally inspected and assessed as being in a safe condition. 
Just as a car’s MOT and 10,000 mile service are two different things, so Thorough Examination is distinctly separate from a truck’s regular maintenance programme (even though in both cars and trucks some of the same items are included in both regimes). It is not part of maintenance because it is an examination embedded in legislation. As a result, Thorough Examination would not normally be included in a maintenance agreement, unless specifically requested.

Is Thorough Examination a legal requirement, like an MOT?
It is a requirement of : LOLER 98 (Lifting Operations and Lifting Equipment Regulations 1998), which covers lifting components; 
And  PUWER 98 (Provision and Use of Work Equipment Regulations 1998), which deals with all other safety-related items, such as brakes, steering and tyres. The CFTS scheme is designed as a more comprehensive inspection. It dose however also incorporate the bare minimum necessary to avoid prosecution.

As a user of such equipment, what are my obligations?  
Every truck you have in service, including hired trucks, must have a current Report of Thorough Examination. This is akin to the MOT certificate. Unlike an MOT, it even applies to trucks as young as one year old. Crucially, the user is responsible for ensuring that the truck has a valid document.
The document must be headed ‘Report of Thorough Examination’ and must comply with Schedule 1 of LOLER 98. You must be able to produce it when required to do so by an enforcement officer

How often must a Thorough Examination be carried out?
At least every 12 months. Depending on the application, and the intensity of use taking into consideration the nature of any attachments. The regulations may require this interval to be reduced to six or even four months. The person carrying out the Thorough Examination the ‘Competent Person’ will be able to determine the appropriate interval. The same person, or his/her employer, should also be consulted for advice on whether planned changes to the truck’s operation or configuration will alter the inspection interval.

What is checked in a Thorough Examination?
The items checked include brakes, steering, hydraulics, tyres, seat restraints and horn. Detailed measurements are taken to identify wear and damage to chains and forks. Particularly close inspection is made of components such as the chain-retaining bolts, mast and carriage. It is expected that the intensity of examination and the time taken in this scheme will be more than in an MOT.

What happens if something is wrong during the inspection? 
If the defects do not immediately affect safety, a Report of Thorough Examination will still be issued. However, it will identify the defects and state a time by which they must be rectified. The user is responsible for ensuring that the necessary repairs are undertaken within that time.
If the defects are imminently dangerous, the report will state that the equipment must not be used until they have been rectified. This report will normally be copied to the appropriate enforcing authority

Who can carry out a Thorough Examination? 
Some one designated as a Competent Person under
the terms of the regulations. To be designated, the examiner must have had appropriate experience and training

If Thorough Examination is already required by law, why do we need a new scheme to deliver it?
After close consultation and wide-ranging investigation, BITA and the FLTA concluded that Thorough Examination was not being delivered comprehensively and effectively throughout the related industries. With no regulation, standards have varied greatly between examiners and examinations have often been limited in scope. The results of these deficiencies may be expensive for businesses, and tragic for people. A more stringent scheme is clearly required

What involvement did the FLTA and BITA have in Thorough Examination before introducing the new scheme?
BITA produced BITA Guidance Note GN 28. This explains in detail how Thorough Examination of a fork lift truck should be conducted and includes a checklist for the Competent Person. It has been taken as the basis for the CFTS Thorough Examination. The BITA checklist has become part of the formal documentation used in the CFTS scheme.
FLTA has trained nearly a thousand engineers, as Through Inspection Examiners. It has produced a Technical Bulletin on the subject, aimed at educating the users of fork lift trucks and can also provide Report of Thorough Examination forms, which have now been remodelled to meet the needs of the CFTS scheme.

Do all examiners be part of the new scheme?
No only accredited companies will be entitled to use the new certification. They will gain the right to do so by establishing their competence and committing themselves to following all of the approved processes. They will be open to independent assessment and to a complaints procedure. The strict standards ensured by the CFTS scheme and endorsed by the quality mark will only apply to Thorough Examinations conducted by these accredited companies.

How does a company become accredited to the CFTS Thorough Examination scheme?
The application procedure requires each company to supply detailed information about the staff who will be involved in the Thorough Examination process, right down to depot level, and the procedures they will use. It must also demonstrate that it has the necessary equipment, facilities and training programmes.
If its application is accepted, it must agree to: abide by the strict Quality Assurance Procedural Code; allow inspection of its facilities by CFTS; respect the decisions of arbitration; use the official documentation.

Will all examiners be part of the new scheme?
No Only accredited companies will be entitled to use the new certification. 

What does the Quality Assurance Procedural Code cover? 
The Procedural Code sets rigorous standards on all
aspects of the Thorough Examination process, including:

• Independence, impartiality and integrity

• Organisation and management

• Administration and record keeping

• Personnel issues, including qual­ifications and training

• Duties of the Thorough Examina­tions Manager

• How to conduct a Thorough Examination

• Quality maintenance procedures for all of the above

The Code also includes a complaints procedure

Why should a company adopt the CFTS scheme?
The CFTS partners have worked together closely to set up a national scheme which delivers all of the safety objectives of Thorough Examination. Importantly, their examinations will cover various additional inspections specific to the safe operation of fork trucks. 
Accredited fork lift truck engineers will have the in-depth knowledge to identify and categorise defects more clearly than examiners from broader backgrounds. Their training as Competent Persons includes a demanding course on Thorough Examination. Correspondingly high levels of training and experience are also required of their managers.
Crucially, companies conducting Thorough Examinations under the CFTS scheme will have been obliged to sign up to every aspect of the Procedural Code. There are no half measures.

Do you need to choose a CFTS accredited company?
No

For  further details contact the British Industrial Truck Association on (tel) 01344 623800
 or the Fork Lift Truck Association on (tel) 01256 381441

No Responsibility accepted for the accuracy of this article

 Note: Thomas Truck Training Ltd is not a member of  BITA or FLTA and has reproduced this information to show our professionalism in the lift truck world: and just because we all need to know!
(It has been edited for obvious advertising references)

 
If you own or operate a fork lift truck...
it must have a valid Thorough Examination
 

If you operate a fork lift truck, you have a legal obligation to ensure that it holds a valid Report of Thorough Examination. This applies whether you own, lease or hire the truck.

Failing to comply could be disastrous: prosecution, invalidation of your insurance or, worst of all, a serious accident due to faulty equipment.

There are many companies who will offer to carry out Thorough Examinations - so who should you choose?

Until recently, that would have been a difficult question to answer, but now the materials handling industry has an accredited national scheme that offers total peace of mind.

 

Why use the fork lift truck industry accredited scheme? 

To understand the significance of a scheme that's truly nationwide, it's worth comparing the testing of fork lift trucks with the MOT for cars.

Imagine what it would be like if there were no cohesive national system for assessing the safe condition of cars. Imagine if garages were allowed to decide for themselves how to carry out MOT tests. Imagine if an MOT certificate issued by one garage was based on criteria and practices which differed widely from those used by another. Imagine if there was no one to oversee the process nationally and ensure consistent high standards.

This is very much like the situation which has applied to Thorough Examination - in many ways the fork lift truck's equivalent to an MOT - until now.

The new scheme - described as the biggest safety advance in many years - has been developed co-operatively by the two leading bodies in the fork lift truck industry: British Industrial Truck Association (BITA) and the Fork Lift Truck Association (FLTA) under the banner of Consolidated Fork Truck Services (CFTS).

 

Preliminary Guidance on PUWER98 and LOLER A summary of the main changes relating to lifting equipment arising out of The Provision and Use of Work Equipment Regulations 1998, SI No 2306 and The Lifting Operations and Lifting Equipment regulations 1998, SI No 2307 which came into force on 5th December 1998.

Overview PUWER98 and LOLER are two sets of a new generation of Regulations arising from European Directives. These two sets of Regulations together with four approved codes of practice (ACoPs) implement the amendment to the Use of Work Equipment Directive (AUWED). The ACoPs cover PUWER98, LOLER, Power Presses and Woodworking Equipment. PUWER98 applies to all equipment provided for use at work and LOLER is additional for lifting equipment. Therefore for lifting equipment, both must be complied with. They repeal or revoke most of the existing legislation relating to lifting equipment and PUWER98 replaces the 1992 version of PUWER. In addition the opportunity has been taken to repeal or replace several old and redundant Acts, orders and Regulations. Both sets of Regulations show where they apply and list the legislation they repeal or revoke. We suggest you start by reading those to put the new Regulations into the correct context of your own business. (For PUWER98 see Regulations 3, 38, 39 and Schedule 4) (For LOLER see Regulations 3, 13, 14, 15, 16, 17 and Schedule 2) The new Regulations, as for others arising from Europe, are 'risk based' and 'goal setting' in the way they are written. Generally they apply across all industries, unlike the older industry specific legislation, and also cover some areas not previously covered by legislation. However because we have had the Health and Safety at Work etc Act (HASWA) since 1974, the UK should be well prepared to implement them.
The main changes arising from PUWER98
The main requirements of PUWER98 are to ensure that work equipment is suitable for its purpose, is maintained, is inspected when appropriate to ensure it has been correctly installed and remains in serviceable condition, that the people who use the equipment have been trained and have the information and instructions they need and that appropriate records are kept. In general these are all sensible requirements and PUWER98 to a very large extent simply reinforces the existing requirements of HASWA. PUWER98 also requires the employer providing equipment for use at work to address specific hazards where they exist in much the same way as the Machinery Directive* requires machinery manufacturers to address those risks and hazards. (*Implemented in the UK by The Supply of Machinery (Safety) Regulations 1992, SI No 3073 and amended in 1994) One difference is that the Machinery Directive only applies to new equipment manufactured after a certain date, whereas PUWER98 applies to equipment from all dates of manufacture and supply. Therefore many of the requirements may already have been addressed by the equipment manufacturer, particularly where the equipment complies with the European Directives relating to its manufacture and supply. In some cases upgrading of the equipment or installation will be required and in others the equipment may have to be scrapped. The only way to determine what, if anything, is required is to make a risk assessment for each piece of equipment. Regulation 10 requires equipment first provided for use after 31st December 1992 to comply with any 'essential requirements' ie the requirements in the legislation dealing with the manufacture and supply of new equipment such as the Machinery Directive. However sometimes equipment complying with these requirements may still present a hazard or risk that is unacceptable and, in effect, the new