Executive Order on the Use of Work Equipment
THE COMPILATION OF EXECUTIVE ORDERS comprises the following
- No. 1109 of 15 December 1992 which entered into force on 1 January 1993
- No. 670 of 7 August 1995 which entered into force on 1 September 1995, and
- No. 832 of 27 November 1998 which entered into force on 5 December 1998, and
- No. 727 of 29 June 2004 which entered into force on 15 July 2004, and
- No. 1420 of 27 December 2008 which entered into force on 1 Januar 2009, and
- No. 1527 of 16 December 2010 which entered into force on 31 December 2010, and
- No. 1095 of 28 November 2011 which entered into force on 1 January 2012, and
- No. 407 of 1 may 2012 which entered into force on 15 May 2012
- No. 445 of 24 April 2013, which entered into force on 11 May 2013
The following shall be laid down pursuant to section 17(3), section 41(1), no. 1, sections 46, 74, 78 and 84 of the Working Environment Act, cf. Consolidating Act no. 1072 of 7 September 2010 as amended by Act no. 155 of 20 February 2013 and Act no. 356 of 9 April 2013, as well as according to authorisation pursuant to section 73:
Part 1 - Scope and definitions
1.-(1) This Executive Order shall apply to the use of work equipment for work or working processes irrespective of whether such work or processes are performed for an employer or not.
(2) The following work equipment shall be exempt from this Executive Order pursuant to section 3 of the Danish Working Environment Act:
- Work equipment used in aviation apart from equipment used for work on the ground.
- Work equipment on board ships and fishing vessels. However, this Executive Order shall apply to
a) work equipment used for loading and unloading, apart from the hoisting equipment and other permanently installed equipment of ships, and
b) work equipment used for shipyard work on board ships and for work of the same or a similar nature.
2.-(1) For the purposes of this Executive Order, work equipment shall have the following meaning:
- Machinery, containers, apparatus, tools and all other similar installations
a) which are used in the processing of a product,
b) which are used for the production of a result of work, including for transport and storage, or
c) which are applied in the execution of a technical process, and
- parts for equipment, prefabricated structures and all other processed objects that are intended, in conjunction with other objects, to be part of a finished unit.
(2) For the purposes of this Executive Order, use shall have the following meaning:
Any use of the work equipment and all work activities related thereto, such as commissioning, decommissioning, operation, monitoring, maintenance, adjustment, repair, cleaning and other servicing of the equipment.
3. The obligations under this Executive Order shall rest with employers, managers, supervisors and other employees, users, suppliers, project planners, repairers and others in conformity with the general rules of the Danish Working Environment Act, cf. section 2 and Part 4 of the Act.
Part 2 - General provisions
4. Work equipment shall be used in a way that is safe and without any risk to health.
5. -(1) Work equipment used for the performance of a piece of work shall be suitable or adapted therefor, so that it may be used by workers without impairment to their safety or health.
(2) Work equipment shall be selected with regard for the conditions in which it will be used and the hazards posed by use of the equipment.
(3) In complying with the existing requirements concerning the use of work equipment, the work station and position of workers while using work equipment as well as the ergonomic principles shall be taken fully into account.
(4) In case the use of work equipment nevertheless involves a hazard to health and safety, such hazard shall be countered by appropriate measures, such as guarding, extraction and special protective equipment or other safety-technical precautions, that will ensure performance of the work in question in a way that is safe and without any risk to health.
6. Work equipment shall only be used where it meets the requirements applicable to its design, appliances and protection, etc. according to Executive Order on the Design of Work Equipment issued by the Danish Working Environment Authority as well as other special rules laid down therefore.
6a. Work equipment shall be installed, designed and used in a way so as to minimise the hazard to health and safety. It must be ensured that there is sufficient space, among other things, between the movable parts and the fixed or movable parts of the work equipment nearby so as to ensure that any kind of energy, substances and materials used or produced can be safely supplied and removed.
7.-(1) Work equipment shall be erected in a way that is safe and without any risk to health.
(2) For this purpose it shall be ensured that
- the base, supports, fixing and stability of the equipment are safe, taking account of the weight, shape and use of the equipment,
- noise, vibration or other oscillations emitted by the equipment are counteracted in the most effective way possible by erection on a damping base, shielding or other measures,
- hazards and nuisance from heat, dust, fumes, vapour, gases, etc., which are removed from the equipment, as well as any other risk factors related to the equipment have been countered effectively,
- the location and mode of erection are safe, taking the surrounding conditions into consideration,
- the location and mode of erection will not prevent the operation and other work at the equipment from being performed in a way that is safe and without any risk to health.
(3) The erection, removal and dismantling of work equipment shall be carried out in a safe manner, and any instructions from the manufacturer shall be followed in particular.
8. -(1) To the extent necessary for protecting health and safety in connection with the use of work equipment, operating instructions shall be available and contain adequate information on the use of the equipment.
(2) In case of interruption of operations, breakdown of automatic controls or other extraordinary conditions affecting the equipment can result in hazardous situations, the operating instructions shall include a warning of such risks and directions on the precautionary measures to be taken in such situations.
(3) Operating instructions shall be kept currently updated, for example on the basis of the experience gained in using the equipment.
(4) Operating instructions shall be drafted in Danish, unless otherwise provided by special rules or unless safety considerations call for use of another language. Operating instructions shall be readily available and to any extent possible be indicated directly on the equipment.
9.-(1) Work equipment may be used only for the operations and under the conditions for which it is appropriate, so that any consequent restrictions are not contravened in any way that poses a risk to health and safety.
(2) Protective components or other safety equipment shall be used as intended, and the safety measures prescribed shall be observed.
(3) Work equipment must not be used in circumstances and situations that pose a special risk unless effective safety measures have been taken to counter such risks. If required, appropriate protective measures against lightning strokes shall be taken.
10. Starting, stopping, reversing or other changes or intervention in the operation or adjustment of work equipment shall take place in accordance with the directions and instructions given therefor and shall only be carried out after it has been ensured that it can be done without any risk.
11.-(1) While cleaning, repairing, maintaining, etc. work equipment, the equipment shall as far as possible, in order to facilitate the work in question, be stopped and prevented effectively from starting. In case this is not possible, other precautions shall be taken to ensure in an effective way that such work can be performed without any risk to health and safety.
(2) In case special operations performed on work equipment involve a risk that persons may come into contact with hazardous parts or substances and materials or otherwise be exposed to harmful effects, this shall be countered effectively.
Instruction and training
12.-(1) Employees shall be given instructions and, to the necessary extent, be trained in the use of the work equipment they will use while working, so that this can be done without any risk to health and safety.
(2) Employees shall be informed of relevant risks connected with work equipment in their immediate surroundings and of relevant changes affecting work equipment in their immediate surroundings, even if they do not use it directly.
(3) Instruction and training shall, as a minimum, comprise the conditions set out in section 8 to 11.
13. In case the use of work equipment involves a special risk to the worker engaged in operating the equipment or to other persons, the employer shall ensure that it is used only by workers designated particularly therefor, who have been given the required instruction and training in such use.
Inspection and maintenance
14.-(1) It shall be ensured by appropriate initial inspection and maintenance performed by an expert that work equipment is continuously kept in safe condition and in conformity with the requirements set out in section 6 above. In this connection, the work equipment shall be subject to appropriate initial inspection and inspection each time it has been reassembled and re-erected. The supplier's instructions shall be observed unless otherwise prescribed by special rules or directed by the Danish Working Environment Authority, cf. section 77 in the Danish Working Environment Act.
(2) Work equipment subject to impact which may lead to damage causing hazardous situations shall be inspected as stated below to ensure that the requirements applying to the design and use of the work equipment concerned can be observed and that the damage can be ascertained and repaired in time.
- The work equipment shall be inspected regularly and, if necessary, tested by an expert.
- The work equipment shall be subject to special inspection by an expert each time it has been exposed to special conditions which may have resulted in use of the work equipment not being completely safe from a health and safety point of view, e.g. alterations, accidents, acts of nature or downtime for a long period.
(3) The results of the inspection of work equipment referred to in subsection (2) above shall be recorded, kept for a suitable period and be available to the Danish Working Environment Authority.
Special rules concerning registration, etc. may be laid down in special executive orders and in Annex 1. If the work equipment concerned is used at alternating places of work documentation shall accompany the equipment in respect of the most recent inspection.
(4) Signs, plates and other marking of work equipment giving information on its data, operation, etc. as well as any risks shall be kept visible and easily readable.
Damaged and defective equipment
15. In case work equipment is damaged or becomes defective so that it may involve a risk to health and safety, or if a situation arises which may mean that operating, monitoring or control devices, on which the safety of the equipment depends, do not work as intended, the equipment must be taken out of operation in a way that is safe in the circumstances, until the defects have been remedied.
16. In case the use of work equipment involves a risk to health or safety on account of defects in the equipment or other special circumstances, adequate measures must be taken as long as the risk exists to prevent that the equipment is used. If possible the equipment shall be removed from the workplace, dismantled or the like.
Part 3 - Special provisions
17.-(1) Use of the work equipment referred to in Annex 1 shall be subject to sections 4 to 16 above as well as the detailed rules set out in the Annex.
(2) Moreover, certain types of work equipment are subject to special executive orders under the Danish Working Environment Act which lay down provisions on their use. These executive orders are listed in Annex 2.
(3) In addition to the requirements of working environment law, the use of work equipment is moreover subject to the requirements imposed by other legislation, such as electricity and gas legislation.
Part 4 - Detailed rules
18.-(1) The Director General of the Danish Working Environment Authority shall be authorised to lay down detailed rules for the use of specific types of work equipment in accordance with the provisions set out above, including amendments and additions to the Annexes of this Executive Order.
(2) In addition, such rules may contain provisions:
- concerning notification to the Danish Working Environment Authority of work equipment,
- concerning testing or other control inspections, including recurrent inspections carried out by the Danish Working Environment Authority, other public authorities, public or private bodies or special experts,
- concerning tending, maintenance and inspection,
- ensuring that operation and other work functions related to the use of work equipment are restricted to workers who have received specified training, passed a test or attained a certain age, if the work functions in question may involve a substantial risks of accident or disease,
- concerning use and keeping of inspection books or other similar documentation of inspections, decisions concerning violation, including improvement notices, by the Danish Working Environment Authority related to the work equipment, testing, etc. of the equipment as well as information about other conditions of such equipment that are important to health and safety.
(3) The rules may include reference to norms and standards, provided that they are specified clearly, including indication of dating.
(4) In the rules, the Director General of the Danish Working Environment Authority may authorise the regional inspectorates to permit derogation from the detailed rules to a specified extent.
19. The Director General of the Danish Working Environment Authority may issue guidelines specifying how the provisions of this Executive Order and the detailed rules can be observed.
20. For work equipment which is also subject to other legislation concerning the design and use of such equipment, no rules shall be laid down according to the provisions above without prior consultation with the relevant authorities.
Part 5 - Exemptions and appeals
21. In special circumstances, the Director General of the Danish Working Environment Authority may permit derogations from provisions of this Executive Order where this is deemed to be reasonable and fully acceptable and to the extent it is compatible with Council Directive No. 89/655/EEC of 30 November 1989 on minimum safety and health requirements for the use of work equipment by workers at work as amended by Council Directive No. 01/45/EC.
22. Any decision made under this Executive Order may be appealed in accordance with section 81 of the Danish Working Environment Act.
Part 6 - Penalties
23.-(1) Unless a more severe punishment is prescribed by the Danish Working Environment Act or any other legislation, anyone who:
- contravenes sections 4 to 16 and section 17(1), cf. Annex 1,
- fails to comply with any improvement notice or prohibition notice issued in accordance with the provisions of this Executive Order, or
- fails to comply with the conditions for exemptions granted under this Executive Order
shall be punished with a fine or simple detention.
(2) For contravention of sections 4 to 16 and section 17(1), cf. Annex 1, an employer may be liable to pay a fine even if he has not acted intentionally or negligently. There shall be no alternative sentence in lieu of the fine.
(3) Where an offence is committed by a public limited company, a private limited company, a cooperative society or similar, liability to pay a fine may be imposed on the company, etc. as such. Where the offence is committed by the Danish Government, a municipality or an inter-municipal enterprise covered by section 60 of the Danish Local Government Act, liability to pay a fine may be imposed on the Danish Government, the
municipality or the inter-municipal enterprise.
24. Any detailed rules laid down in pursuance of this Executive Order may provide for punishment for contravention of provisions thereof in pursuance of section 84 of the Danish Working Environment Act.
Part 7 - Entry into Force
25.-(1) This Executive Order shall enter into force on 1 January 1993.
(2) Part 5 of Executive Order No. 43 of 22 January 1981 on Work Equipment shall be repealed at the same time.
The Danish Working Environment Authority, 15 December 1992
Erik Andersen / Charlotte Skjoldager
1) This Executive Order contains provisions implementing Directive 2009/104/EC of the European Parliament of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work, Official Journal 2009, no. L 260, p. 5, and Directive 2010/32/EU of the Council of 10 May 2010 implementing the Framework Agreement on prevention from sharp injuries in the hospital and healthcare sector, Official Journal 2010, no. L 134, p. 66.