UNIT 1.1 - LIFTING AND THE LAW Contents Introduction 4. The EU and Industrial law 44 What isa European Directive? 2, The Health and Safety at Work Act 2:4 Administering the Health and Safety At Work ate Act 2.2 Understanding the Health and Safety At Work ete Act 2.3. Further legislation under the Health and Safety At Work ete Act 3. Legislation concerning the design, manufacture and supply of lifting ‘equipment 3.4 Supply of Machinery (Safety) Regulations 1992 3.2. The Electromagnetic Compatbilty Regulations 3.3 How does supply legisiation affect the testing of new iting equipment? 4, Legislation concerning the use of lifting equipment 4.1. Provision and Use of Work Equipment Regulations (PUWER) 1998 42. Lifing Operations an Liting Equipment Regulations (LOLER) 1998 4°83 How LOLER afc the duties ofthe Taster and Examiner 5. Appendices 5.4 Earlier generations of legisation 52 What wero the key changes to regulations brought about by the Inlroduction of LOLER? 5.3 Summary of the legal requirements of LOLER 5.4 Definition of terms used in legislationIntroduction Liting equipment has long been identified as an industrial practice that calls for ‘special measures to ensure safely, AS a result, legislation has contained ‘requirements both for the design and condition of iting equipment and for the way liting equipment is used, Clearly anyone responsible for the test and examination of liting equipment must have an understanding of the requirements set out flaw. They should also understand the relationship between the various types cf legislation and regulation, and how they are implemanted, For candidates outside the EU. ‘This module focuses on legislation within the EU and, in sarticuler, the UK. In many developing countries of the word, this legislation has been adopted as best practice, To assist students in countries where a different legal framework applies, Bost Practice guidance is provided throughout. Look forthe bast practice boxes, ‘ng Eubment Enger Aen 298-Ust 144. The EU and industrial law In the 1990s, the European Union (EU) was responsible for significant changes in industrial law. To ensure that equipment and people cove move between member Slates safely and efficient, there was a need for common legal requirements to be introduced, "This was achieved by the implementation of European Directives, and thoir transposition into the laws of member states. The industial legislation introduced in the UX and other EU states since the early 1990s is primary @ product of these European Directives. 4.4. Whatis a European Directive? ‘A European Directive is not a lave It isan instruction to the governments of member States of the EU fo introduce rational laws in line with the requirements set out in the European Directive and withdraw any existing legislation that may be cortrary to this. inthe UK this is done by introducing regulations made under the Health and Safety ‘at Work ete Act 1974 (HASAW) or under the European Communities Act 1972. ‘The Health and Safety At Work Act 1974 ‘Before considering the changes made to UK industrial law as a result of European Directives, itis important to understand the relevant elements of the country’s prime safety logislation, The Health and Safety At Work Act etc 1974 (HASAW). Prior to its introduction, requirements for lifting equipment were given in the Factories [Act and several sets of industry-specfic regulations, However, by the early 1970s, it pecame obvious that broader safely legislation was needed. The HASAW therefore Covers all work situations and ensures the safely of people at work and those who might be affected by the actions of people at work. “The Act is goal setting. It gives the aims and achievemerts to be met, but does not speclly how this must be done. BY referring to emphyment and equipment in general, the Act has the effect of unifying the basic safety requirements and acts as se ntimbrella for all of the other regulations. Although many changes have since taken place, the Act remains in place and continues to be the umbrella forall other industrial legislation. 24 Administering the Health and Safety At Work ete Act 1974 “The Act Is administered by the Health and Safety Commission, which is empowered to approve and issue codes of practice that give practical guidance on the requirements of the various regulations. Under the control of the Commission is the Hoalth and Safety Executive (HSE), which is resporsible for the day-to-day tenforcament of the Act and various regulations. ‘There ere soveral branches to the HSE. However, iis the Field Officers that the tester and examiner is most ikely to mest in the course of their duties.