OpenLegislation

Regulation 26 Rolling over of mobile work equipmentI1

England, Wales and Scotland

(1)

Every employer shall ensure that where there is a risk to an employee riding on mobile work equipment from its rolling over, it is minimised by—

(a)

stabilising the work equipment;

(b)

a structure which ensures that the work equipment does no more than fall on its side;

(c)

a structure giving sufficient clearance to anyone being carried if it overturns further than that; or

(d)

a device giving comparable protection.

(2)

Where there is a risk of anyone being carried by mobile work equipment being crushed by its rolling over, the employer shall ensure that it has a suitable restraining system for him.

(3)

This regulation shall not apply to a fork-lift truck having a structure described in sub-paragraph (b) or (c) of paragraph (1).

(4)

Compliance with this regulation is not required where—

(a)

it would increase the overall risk to safety;

(b)

it would not be reasonably practicable to operate the mobile work equipment in consequence; or

(c)

in relation to an item of work equipment provided for use in the undertaking or establishment before 5th December 1998 it would not be reasonably practicable.

Annotations

Commencement

I1

Reg. 26 in force at 5.12.1998, see reg. 1