Executive order on the application of technical equipment

Pursuant to section 17(3), section 41, no. 1, section 41(b), section 46, section 74(2) and section 84 of the Danish Working Environment Act, cf. Consolidation Act no. 2062 of 16 November 2021 it is hereby specified after authorisation:

Chapter 1 Area

1. The executive order applies to any application of technical equipment.

2. The obligations under this executive order apply to employers, business managers, supervisors and other employees, users, manufacturers, suppliers, builders, designers, repairers, rental services, etc. in accordance with the general rules of the Danish Working Environment Act, cf. chapter 4 of the Danish Working Environment Act.

3. The executive order applies to work performed for an employer, cf. section 2 of the Danish Working Environment Act.

(2) Except for sections 20-21 and 95-96, the executive order, cf. section 2(3) of the Danish Working Environment Act, shall also apply to

1. work that is not conducted for an employer,
2. work in the private household of the employer,
3. work that is exclusively conducted by the members of the employer’s family who are part of the employer’s household and
4. work that is conducted by military personnel and which can be reckoned to actual military service.

(3) Pursuant to section 3 of the Danish Working Environment Act, the following are exempt from the executive order:

1. Technical equipment used in the field of aviation except for those used for work on the ground.
2. Technical equipment aboard ships and fishing vessels, though the executive order does apply to
   1. the equipment used for loading and unloading, except for the ship hoists and other fixed equipment and
   2. the equipment used for shipyard work aboard ships and for work that is considered equivalent to this.

Chapter 2 Definitions

4. In this executive order, technical equipment is to be understood as:

1. Machinery, containers, apparatuses, tools, implements, installations and other equipment used in work, including for transport and storage.
2. Parts of the technical equipment referred to in no. 1 as well as prefabricated structures, construction products and any other manufactured object intended to be incorporated together with other objects into a completed unit.

(2) In this executive order “application” is to be understood as: Any use of technical equipment and all related work functions, including transport, assembly, dismantling, installation, commissioning, decommissioning, operation and monitoring, adjustment, inspection, maintenance, repair, cleaning and other maintenance done to the equipment.

(3) “Lifting a load” is to be understood as: The moving of any load consisting of goods or persons which at some points involves a change of level. The load may be supported from below, held from the side or be suspended from above.

(4) “Lifting equipment” is to be understood as: A component or accessory which enables the lifting of the load and which is not part of the lifting machine, etc. The lifting equipment is placed between the machinery, etc. and the load, on the load itself or is intended to form an integral part of the load. As lifting equipment are also reckoned lifting chains, rope straps and their components.

(5) “Free-hanging load” is to be understood as: A load suspended so that its centre of gravity is freely movable in one or more directions under one or more lifting points.

(6) “Mechanically driven” is to be understood as: Moving parts driven by a force other than a human or animal force.

(7) “Expert person” is to be understood as: A person who has the necessary professional knowledge and, where relevant, education to be able to carry out the controls, inspections, maintenance, testing, calculations, etc. in question and to carry out the relevant safety assessments. Such a person is also aware of how the relevant control, inspection, testing, etc. is to be completed in a sound manner from a health and safety perspective.

(8) “Inspection” is to be understood as: An examination of a piece of technical equipment as a whole in order to ascertain whether the safety and health requirements applicable to the equipment and its application are complied with and to ensure that damage and indications of damage which may cause dangerous situations are detected in a timely manner.

(9) “Main inspection” is to be understood as: An inspection that also includes the testing and, if relevant, the separation of the equipment as needed.

(10) “Builders hoist for persons” is to be understood as: A temporarily installed machine for the lifting of persons or persons and goods which is intended to serve fixed landings

(11) “Landings” are to be understood as: A maneuvering area in front of an access opening to a builders hoist for persons, ensuring level-free and safe passage to and from the cage (the platform).

(12) “Inspection body” is to be understood as: A third party body accredited to conduct the installation controls, inspection and testing of lifts, etc. pursuant to this executive order.

Chapter 3 General provisions

5. The application of technical equipment shall be fully justified from a health and safety perspective.

6. A technical equipment applicated to conduct work shall be suitable or adapted to the work carried out in such a way that its use is fully justified in terms of health and safety.

(2) When selecting technical equipment that is intended to be used, for health and safety reasons one must consider the special working conditions and circumstances and the risks that exist in the company and namely the workplace. In addition, there shall be taken into account any potential additional risks that might arise due to the use of the relevant technical equipment.

(3) Where, regardless of whether sub-sections 1 and 2 are fulfilled, it is not possible to ensure the safety and health of workers when using the technical equipment, suitable and appropriate measures shall be taken to otherwise effectively ensure that the work can be conducted responsibly from a health and safety perspective.

7. A technical equipment shall be installed, positioned and used in such a way as to minimise risks to health and safety. Among other things, it shall be ensured that sufficient space is provided between the moving parts of the equipment and the fixed or moving parts nearby and that any energy, substances and materials used or produced can be safely added and removed.

8. When applicating technical equipment, the relevant workplace, the posture during the use of the technical equipment and other ergonomic conditions shall be fully taken into account.

9. The use of a piece of technical equipment is only permitted if the technical equipment fulfils the requirements that apply to its design, including its construction, equipment, safety measures, etc.

10. Where there is a risk of rupture or breakage of parts of technical equipment which could present a danger to the safety or health of individuals, appropriate protective measures shall be taken.

11. The lighting of work areas and places where technical equipment is used or maintained shall be appropriate in the context of the work that is to be conducted.

12. In order to conduct production, regulation, inspection, repair and maintenance work to technical equipment, persons shall be able to move and stay wherever it is needed in complete safety.

13. Where the use of a piece of technical equipment involves safety or health hazard due to defects in the equipment or other special circumstances, appropriate measures shall be taken to prevent its use taking place as long as the hazard persists. If necessary, the technical equipment shall be removed from the workplace or dismantled or similar.

14. In the event of a failure or damage to a piece of technical equipment, which may endanger health or safety or if circumstances arise which may cause that the operating, monitoring or control systems on which the safety of the equipment is based are not functioning as intended, the equipment shall be taken out of service in an appropriate manner until the deficiencies have been remedied.

Setups, etc.

15. The setting up and installation of technical equipment shall be completely sound from a health and safety perspective and any potential instructions from the manufacturer shall be followed.

(2) It shall also be ensured that

1. the underlying layer, support, attachment and stability are sound, taking into consideration the weight, shape and use of the technical equipment and it shall be ensured that the technical equipment is stabilised by means of fasteners or the like if this is necessary for the safety or health of persons,
2. noise, vibrations or other oscillations emanating from the equipment have been addressed as effectively as possible by the installation on damping surfaces, shielding or other measures,
3. hazards and nuisances from heat, dust, smoke, vapours, gases, etc. emitted by the equipment and any other hazards associated with this are effectively countered,
4. the placing and manner of installation is sound and taking into account the surrounding conditions and,
5. the placing and manner of installation does not impair that the operation of the equipment and other work along the equipment can be carried out in a sound manner from a health and safety perspective.

(3) If the safe use of technical equipment depends on its placing or installation, when the equipment is used, i.e. after it has been set up or installed and before it is used for the first time and after every time it has been set up or installed at a new workplace or a new location, the equipment shall be inspected by an expert person to ensure that the equipment is set up or installed correctly and that it is working correctly.

(4) The results of the control of the placing or installation referred to in sub-section 3 shall be recorded, stored for an appropriate period of time and be available - including to the Danish Working Environment Authority (WEA). If the relevant technical equipment is used outside of the company, there shall also be documentation for the completion of the control.

Instructions for use

16. To the extent that it has an impact on health and safety when using a technical equipment, there shall be an instruction for use which contains adequate information about how to use the equipment.

(2) If the piece of technical equipment is used, modified or set up in a manner other than as instructed by the manufacturer or where there are special conditions at the workplace which may render the manufacturer’s instructions inadequate, instructions for use shall be drawn up relating to these matters, potentially in the form of an addendum to the manufacturer’s instructions for use.

(3) The instructions for use shall be kept up to date on an ongoing basis, in particular on the basis of experience gained in the use of the technical equipment.

(4) The instructions for use shall be understandable and shall be available in Danish. In addition, the instructions for use shall be in a language that is understood by the user of the technical equipment.

(5) The instructions for use shall be easily accessible to persons using the technical equipment and access to the instructions for use shall be in the immediate vicinity of or adjacent to the technical equipment.

Utilisation, etc.

17. Technical equipment may only be used for the work functions and under the conditions for which it is eligible and so that restrictions resulting therefrom are not exceeded to endanger health or safety.

(2) Protective parts or other protective equipment must be used as intended and the prescribed safety measures shall be observed.

(3) Equipment may not be used under conditions or circumstances which pose a special danger unless there has been implemented effective safety measures to protect against such dangers. If necessary, appropriate measures shall be taken to protect against the effects of lightning strikes.

18. The starting up, stopping, changing of control systems, connection or disconnection and any other change or interference in the operation or setting up of a piece of technical equipment shall be carried out in accordance with the guidelines and instructions given for this. Such things may only be done when it has been ensured that there are no safety hazards.

19. During cleaning, inspections, repairs, maintenance or the like of a piece of technical equipment this shall, as far as possible under the circumstances of the work in question, be stopped and effectively protected against being started. If this is not possible, other measures shall be taken to effectively ensure that the work can be carried out in a manner that is fully justified from a health and safety perspective.

(2) If during special work operations with a f technical equipment there may be a risk of persons coming into contact with dangerous parts or substances and materials or if otherwise there is a risk of being exposed to harmful effects, the risk shall be effectively countered.

Training

20. The employer shall ensure that employees who are required to use a piece of technical equipment receive the necessary training in its use, including training on the risks and management of such risks which the use may entail so that the use of the equipment is fully justified from a health and safety perspective. The necessary training shall at minimum cover the circumstances mentioned in sections 16-19.

(2) The training, cf. sub-section 1, shall be particularly comprehensive and specific for employees

1. who are to be using technical equipment which when used pose a particular danger for those working with it or for other persons who
2. who are engaged in the inspection, repair, changing, maintenance or handling of the pieces of technical equipment.

Instruction

21. The employer shall ensure that employees who are required to use a technical equipment at work have the necessary information on the technical equipment and are given the necessary instruction in the use of the technical equipment so that the use can be fully justified from a health and safety perspective.

(2) The necessary information and instructions, cf. sub-section 1, shall be understandable to the employees concerned and shall include at least the matters referred to in sections 16-19 and shall include, in addition, information on

1. predictable irregularities and
2. conclusions made from the experiences that may have been gained from the use of the piece of technical equipment.

(3) The employer shall ensure that employees are made aware of relevant risks associated with technical equipment in their immediate working environment as well as of relevant changes affecting technical equipment in their immediate working environment. This also applies even if the employees do not directly use the technical equipment.

Designation

22. The employer shall ensure that technical equipment which may present a particular danger to health and safety are used only by specially designated employees who have received training and instruction, cf. sections 20 and 21.

(2) The employer shall ensure that employees engaged in the inspection, repair, modification, maintenance or handling of technical equipment are specially designated for this purpose and have received training and instruction, cf. sections 20 and 21.

Inspection

23. It shall be investigated by appropriate inspections whether technical equipments are continuously in good condition from a health and safety perspective and fulfil the applicable requirements.

24. Technical equipment which are exposed to impacts that may result in damage which may cause dangerous situations shall undergo regular inspections and, if necessary, be tested.

25. Inspections shall be carried out by an expert person. Inspections shall be carried out in accordance with the manufacturer’s instructions or in any other equally justifiable manner. If the manufacturer has not specified an inspection interval, an inspection shall be carried out at least every 12 months unless the use of the technical equipment requires otherwise. However, requirements for inspection and for the implementation of the inspection, including the specification of inspection intervals, may be subject to special rules or improvement notices issued by the Danish Working Environment Authority (WEA).

26. When technical equipment has been subjected to special conditions which may have impaired the safety of the equipment, such as modifications, accidents, natural phenomenons or prolonged standstill, the technical equipment shall undergo a special inspection by an expert person before being put back into service.

27. The results of the inspection of technical equipment referred to in sections 24 and 26 shall be recorded, stored for an appropriate period and be available to the Danish Working Environment Authority (WEA). Special rules on registration etc. may be provided for in the additional requirements for certain categories of technical equipment. If the technical equipment in question is used at different workplaces, documentation of the implementation of the latest inspection shall be readily available at the workplace.

Maintenance and repair

28. During maintenance and repair, the technical equipment shall be kept in a state of repair that is fully justifiable from a health and safety perspective at all times and in accordance with the applicable rules governing construction of the technical equipment. Maintenance and repair shall be carried out by an expert person.

(2) Signs, notices and other markings on a piece of technical equipment with information on its data, operation, etc. and any potential risks shall be kept visible and clear.

Chapter 4 Additional requirements for the use of presses intended for working iron, metal and the like

29. Safety mechanisms, control systems (electromechanical, electronic, hydraulic, pneumatic, mechanical), controls, coupling mechanisms, brakes and other parts related to safety shall always be carefully inspected to ensure compliance with the instructions for use from the manufacturer and in accordance with the associated control card (check list).

30. The main inspection of the pieces of equipment referred to in section 29 shall be carried out regularly and as frequently as is required by considerations for safety and the construction and use of the press, usually after 8 hours of daily use:

1. Eccentric presses and the like shall go through main inspections every 3rd month.
2. Hydraulic and pneumatic presses shall go through main inspections every 12th month.

(2) The period between two main inspections shall not exceed 12 months, regardless of the extent of the use of the press.

(3) For eccentric presses and the like which are subject to CE marking under EU legislation on machinery, the period may be extended to every 12 months unless the manufacturer has prescribed more frequent checks.

31. Main inspections pursuant to section 30 shall be carried out according to the manufacturer’s instructions by an expert person.

32. A control card (check list) shall be provided for each press on which the results of the main inspection, cf. sections 29 and 30, and other information relevant to health and safety shall be recorded as well. The control card shall be easily accessible to persons using the press.

Chapter 5 Additional requirements for the use of mobile technical equipment, including self-propelled technical equipment

33. Self-propelled technical equipment shall only be driven by persons who have received appropriate training and instruction in how to safely drive with such equipment.

34. If a piece of mobile technical equipment moves in a work area, traffic rules shall be drawn up and these must be followed.

35. Measures shall be taken when planning the work to ensure that pedestrians are not present in the same area where self-propelled technical equipment is used.

(2) If it is required that pedestrians are present in the same area as self-propelled technical equipment in order to appropriately conduct the work, there shall be taken appropriate measures to avoid injuries to them.

36. The transport of persons on a self-propelled technical equipment shall only take place if the persons are placed in locations which are secure and are intended for such transport. If work is to be conducted while driving, the speed shall be reduced if needed.

(2) No one may enter a self-propelled technical equipment without first alerting the driver.

37. A mobile technical equipment with an internal combustion engine, including self-propelled technical equipment, may be used in work areas only if it is ensured that sufficient ventilation is present and that there is no risk to people’s health and safety.

38. Self-propelled technical equipment shall not be left with the engine running unattended. When the equipment is left unattended, the technical equipment and any auxiliary equipment shall be placed in a safe position and it must be ensured that unauthorised persons cannot start the engine.

(2) Self-propelled technical equipment may, however, be left unattended with the engine running if necessary in order to conduct the work in question and if effective measures have been taken to ensure that unauthorised persons do not have access to such equipment.

39. If work is conducted using mobile technical equipment in a location with one or more people and there is a risk of the technical equipment rolling or tipping over, there shall be used technical equipment with a rolling over protective structure capable of preventing or reducing the risk to people riding on the technical equipment.

Main inspections of self-propelled technical equipment

40. At least every 12 months, a main inspection of self-propelled technical equipment used for the transport of goods or persons shall be carried out. The main inspection is to be completed by an expert person.

(2) Self-propelled technical equipment, cf. sub-section 1, which has been stored away shall have a main inspection before the equipment is used again.

(3) Exemptions from sub-sections 1 and 2 are registered vehicles subject to motor vehicle inspection requirements as regards the inspection of the vehicle itself. The mechanical technical equipment which is mounted to vehicles are covered by the requirements for a main inspection pursuant to sub-sections 1 and 2.

(4) Also exempted from sub-sections 1 and 2 are

1. self-propelled technical equipment to be used by persons with impaired mobility and
2. rolling stock on railways which is covered by the railway legislation, except for technical equipment mounted on rolling stock work vehicles on railway tracks.

The substance of main inspections for self-propelled technical equipment

41. Main inspections, cf. section 40, shall be conducted in accordance with the manufacturer’s instructions, though at minimum, the main inspection shall include an inspection of

1. mechanical parts, including wearing parts,
2. safety equipment,
3. operating controls,
4. energy inputs and
5. hydraulic, pneumatic and electrical components.

Chapter 6 Additional requirements for the use of technical equipment for lifting loads, including technical equipment for lifting persons

General

42. Demountable or mobile technical equipment used for lifting loads shall be used in such a way as to ensure that the equipment is stable during use under all foreseeable conditions while taking into account the nature of the substrate.

43. If technical equipment used for lifting loads is installed permanently, it shall be ensured that it is solid and stable during use, in particular taking into account the loads to be lifted and the way in which the equipment is suspended or fastened.

(2) Fixed technical equipment for lifting loads shall be installed in such a way as to minimise the risk that the loads

1. hit persons,
2. unintentionally make hazardous movements or fall down or are
3. unintentionally released.

44. Loads may not be lifted when there is doubt about whether it would be reasonable to lift the load, for example, due to the weight of the load or the nature of the lifting operation.

(2) The weight of the load, including the lifting accessories, shall be determined if it could be a safety issue.

45. Measures shall be taken to ensure that persons do not remain under suspended loads unless this is necessary for the proper conduct of the work.

(2) Loads may not be carried over work areas where persons are present if these areas are not protected. However, where this is necessary for the proper conduct of the work, appropriate procedures shall be established and applied.

46. Lifting accessories shall be selected in accordance with the loads to be handled, to grip points, to fasteners and to weather conditions and taking into account straps, chains, etc. and their composition. Assemblies of different lifting accessories, if they are not dismantled after use, shall be clearly marked so that the user is informed of the technical characteristics.

47. Lifting accessories shall be stored in a way that ensures that they are not damaged or destroyed.

48. Technical equipment used to lift loads shall not be left with the engine running while unattended. When the equipment is left unattended, the equipment and any auxiliary equipment shall be placed in a safe mode. It shall be ensured that the engine cannot be started by unauthorised persons.

(2) Technical equipment used to lift loads may, however, be left unattended with the engine running if necessary in order to conduct the work in question and if effective measures have been taken to ensure that unauthorised persons do not have access to the operating of such equipment.

49. Work involving the use of technical equipment for lifting loads for which a certificate is required may be carried out only by persons who have undergone relevant training and are in possession of a certificate of education, cf. the Danish Executive Order on occupational health and safety training programmes (‘bekendtgørelse om arbejdsmiljøfaglige uddannelser’).

50. Only persons who have work tasks with a technical equipment used for lifting loads may move or stay on this equipment and it may only happen on the designated access way and work platforms unless the person is in some other way properly protected.

(2) No one may enter a piece of technical equipment used for lifting loads without first alerting the driver.

51. If two or more pieces of technical equipment used for lifting loads are installed, mounted or set up at a workplace in such a way that their fields of work overlap, appropriate measures shall be taken to avoid collision between different loads or different parts of the technical equipment.

52. When a mobile technical equipment is used to lift loads, measures shall be taken to avoid that the equipment tilts or rolls over and, if relevant, to prevent the equipment from sliding or gliding. It is necessary to verify that these measures are working as intended.

53. If the operator of technical equipment used for lifting loads is unable, either directly or by means of auxiliary devices providing the operator with the necessary information, to observe the entire trajectory of movement of the load, the operator shall be assisted by a signalling person and the work shall be organised in such a way as to avoid collisions which could endanger persons.

54. When a person must hook or unhook a load manually, the work shall be organised in such a manner that it can be done completely safely by the person in question. The person shall maintain direct or indirect control over this work process.

55. All lifting operations shall be properly planned, appropriately monitored and conducted with a view to protecting the safety of persons. In particular, if a load is to be lifted simultaneously by two or more pieces of technical equipment used for lifting loads, a working procedure shall be established and applied so as to ensure appropriate coordination between operators.

56. If technical equipment used for lifting loads cannot hold on to these burdens in the event of a total or partial failure of energy supply, appropriate measures shall be taken to prevent persons from being exposed to risks as a result of this.

(2) Suspended loads shall be under effective supervision at all times, unless access to the hazardous area is closed and the load is suspended and restrained in a completely reassuring manner.

57. Outdoor use of technical equipment used for lifting loads shall be discontinued immediately if meteorological conditions become so bad as to impair operational safety and thus expose persons to risks. Appropriate protective measures shall be taken, in particular to safeguard the technical equipment against rolling over, in order to prevent persons from being exposed to risks.

58. At least every 12 months, technical equipment for lifting loads shall undergo a main inspection. The main inspection is to be completed by an expert person.

(2) The expert person, cf. sub-section 1, shall in particular have

1. knowledge about the technical equipment’s technical design and function,
2. the necessary training in the inspection, service and maintenance of the technical equipment,
3. knowledge of the instructions for use of the technical equipment,
4. knowledge of the safety requirements of the Danish Working Environment Authority (WEA) for the technical equipment, in particular regarding inspections, test loads and record keeping,
5. knowledge of any potential requirements of other authorities with regard to the technical equipment and
6. knowledge of any potential requirements for authorisation/certification for special work tasks.

(3) The main inspection shall be carried out in accordance with the manufacturer's instructions, however the main inspection shall always include an inspection of

1. mechanical parts, including wearing parts and load-bearing parts,
2. safety equipment, including the overload and stability protection,
3. operating controls,
4. energy supply and
5. hydraulic, pneumatic and electrical components.

(4) Technical equipment used for lifting loads which have been stored away shall go through a main inspection, cf. sub-sections 1-3, before the equipment may be used again.

Lifting of persons

59. Lifting of persons may only be carried out with technical equipment, including lifting accessories, intended for this purpose.

(2) In exceptional cases, lifting of persons may be carried out with a crane though this requires that

1. it is only done occasionally, only concerns light work or work tasks of a very special nature,
2. the work task is of a short duration and
3. the crane, basket or platform and the lifting of persons can fulfil the requirements specified in sub-section 4 and Annex 1.

(3) In exceptional cases, lifting of persons may be carried out using a forklift truck though this requires that

1. it concerns short-duration, light and occasional work tasks and
2. the requirements of sub-section 4 and Annex 2 are fulfilled.

(4) Where persons are present on technical equipment intended for lifting loads, cf. sub-sections 2 and 3, the operating area shall be manned at all times. The persons being lifted shall be in possession of a secure means of communication. It shall be ensured that the persons concerned can be evacuated in the event of danger.

60. Suspension cables on technical equipment used for lifting or moving persons shall be checked every working day if, for example, due to the workplace or the difference in height, there is a risk of crashing the cabin, basket or the like and it is not possible to avoid such risk by appropriate measures or devices.

61. Mechanical technical equipment used for lifting persons shall be subjected to a static load test carried out by an expert person before they are put into service for the first time.

(2) Mechanical technical equipment used for the lifting of persons shall be subjected to a new static load test carried out by an expert person before being put into service after:

1. Modification or repairs which have an impact on the load-bearing capacity or stability.
2. Replacing of load-bearing materials.
3. Every main inspection.
4. A new setup, however, cf. sub-sections 3 and 4.

(3) Mobile mechanical technical equipment for lifting persons do not need to have a static load test after each new setup.

(4) When the manufacturer is obliged to carry out a static load test in connection with the first entry into service of machinery for the lifting of persons subject to CE marking under EU legislation on machinery, a renewed load test shall not be required prior to entry into service if the manufacturer’s documentation of the load test is contained in the journal, cf. section 64.

62. Those who carry out the static load test shall issue a certificate to that effect. The certificate shall be recorded in the journal, cf. section 64.

(2) The static load test shall be conducted in such a way that:

1. the load-bearing parts are subjected to the most unfavourable loadings,
2. stability (rollover safety) shall be tested in the most unfavourable positions and
3. safety features to control the load are tested.

(3) The load test shall be carried out with standalone weights.

63. In the case of technical equipment intended for the lifting of persons, the size of the test load shall be 150 per cent of the maximum permissible working load but not less than 100 kg above the maximum permissible working load unless special circumstances apply.

64. For any mechanical technical equipment used for the lifting of persons, a journal shall be provided to be kept on or near the equipment.

(2) The journal shall be kept by the owner. If the equipment is leased or otherwise transferred to someone else for use, the journal shall be maintained by the user company.

65. The journal, cf. section 64, shall contain

1. documentation for the examination of stability and load tests,
2. the results of inspections, including inspection reports, and builders hoists for persons, the results of setup control, including inspection reports, in accordance with section 67(2 & 3) and
3. information on repairs and replacements that have an impact on health and safety.

Builders hoists for persons

66. Builders hoists for persons which are not subject to CE marking under EU machinery legislation may only be used if the builders hoist for persons meets at least a safety level corresponding to the DS/EN 12159 standard.

67. A builders hoist for persons shall not be put into service after being set up, modified or moved until an inspection body has

1. conducted a setup control of the builders hoists for persons,
2. certified that the requirements of sub-section 3 have been fulfilled and
3. set up an inspection certificate, cf. sub-section 2, for the setup control, on or inside the builders hoist for persons.

(2) The inspection certificate for the setup control shall state the following:

1. Date of setup control.
2. Name, address and telephone number of the inspection body referred to in section 68 which carried out the setup check.
3. Certification, cf. sub-section 1, no. 2.

(3) The setup control pursuant to sub-section 1 shall include

1. a control that the manufacturer’s instructions for setting up the builders hoist for persons have been followed,
2. a control that landings are safe and sound,
3. a control that builders hoist for persons is stable set up including a control of the attachment to the building support,
4. a control of the guarding on terrain, including guarding against the danger of being crushed,
5. an assessment that the builders hoist for persons is in a proper and fully functional condition,
6. testing that the safety and safety control systems of the builders hoist for persons, for example, measures or devices to prevent the free fall or uncontrolled upward movement of the hoist, the braking system, alarms, etc. are functioning satisfactorily and
7. a load test.

68. The setup control and periodic inspection of builders hoists for persons shall be conducted by an accreditated inspection body, cf. Annex 3.

69. Builders hoists for persons which have not been re-located within a period of 14 months shall have periodical inspection carried out by an accredited inspection body, cf. section 68.

(2) The periodic inspection shall include checks and tests, etc. corresponding to the setup controls in section 67(2 & 3).

Mechanical technical equipment for lifting a free-hanging load (cranes, hoists, etc.)

70. Mechanical technical equipment for lifting free-hanging loads shall be subjected to a static load test carried out by an expert person before they are put into service for the first time.

(2) Mechanical technical equipment for lifting free-hanging loads shall be subjected to a new static load test carried out by an expert person before putting into service after:

1. modification or repairs have been carried out which have an impact on the load-bearing capacity or stability,
2. load-bearing materials are replaced,
3. each main inspection and 10-year inspection and
4. a new setup, however, cf. sub-sections 3 and 4.

(3) Mechanical mobile technical equipment for lifting free-hanging loads, for example, mobile cranes and truck cranes, shall not be subjected to static load testing after each new setup.

(4) Removable hoists and movable winches shall not have static load testing performed after each new setup.

(5) When the manufacturer is obliged to carry out a load test in connection with the first entry into service of machinery for the lifting of free-hanging loads subject to CE marking under EU legislation on machinery, a re-test shall not be required prior to entry into service if the manufacturer’s documentation of the load test is contained in the register, cf. section 72.

71. The static load test, cf. section 70, shall be conducted in such a way that:

1. the load-bearing parts are subjected to the most unfavourable loadings,
2. stability (rollover safety) shall be tested in the most unfavourable positions and
3. safety devices to control the loading are tested.

(2) The size of the test load shall be 125 per cent of the maximum permissible working load unless special circumstances apply.

(3) The load test shall be conducted with alone standing weights.

(4) The expert person carrying out the load test shall issue a certificate to that effect.

72. For the following mechanical technical equipment for lifting free-hanging loads, a journal shall be kept:

1. Electro-hoists that are fixed in place with a maximum permissible working load exceeding 1000 kg.
2. Mechanical technical equipment that is fixed in place for lifting free-hanging loads with a maximum permissible working load exceeding 300 kg, other than electro-hoists, cf. no 1.
3. All mechanical technical equipment, including electro-hoists, for lifting free-hanging loads used at changing setup sites.
4. All mechanical technical equipment for lifting free-hanging loads used for lifting persons.

(2) The journal shall be easily accessible to persons using the technical equipment.

(3) The journal shall contain

1. documentation for the stability examination and static load tests, cf. § 70,
2. results of inspections, including 10-year inspection reports and,
3. information on repairs and replacements that have an impact on health and safety.

73. Mechanical technical equipment for lifting free-hanging loads used outdoors and having a maximum permissible load exceeding 1000 kg shall at the latest when they are 10 years old from the year of manufacture undergo a 10-year inspection by an expert person, cf. sub-section 5. After this, the technical equipment shall undergo a 10-year inspection at least every 10 years. The 10-year inspection will replace the 12-month inspection in that year.

(2) Mechanical technical equipment used for lifting free-hanging loads that are permanently attached to registered trucks and vans and which have a maximum permissible load of 8 tm or less do not have to go through the 10-year inspection pursuant to sub-section 1.

(3) The 10-year inspection shall include a main inspection, cf. section 52, as well as a particularly thorough inspection of the supporting parts, weldings, joints, safety equipment and transmission parts, etc. and in particular it shall be examined whether there are signs of:

1. Cracking or fatigue fracture.
2. Permanent deformation.
3. Loose or damaged structural joints.

(4) Where it is deemed necessary, parts of the technical equipment shall be separated in order to be able to conduct a more detailed investigation.

(5) The expert person, cf. sub-section 1, shall in addition to the requirements of section 58(2) also have the necessary knowledge of the

1. common technical construction and calculation rules,
2. calculations of strength for load-bearing structures,
3. investigations and tests that need to be completed for the relevant equipment, including the designation of particularly stressed components and
4. methods for non-destructive investigations.

(6) The expert person shall prepare a report on the result of the 10-year inspection with an assessment of the technical equipment’s condition. The report shall be handed over to the owner of the technical equipment.

Chapter 7 Additional requirements for the use of technical equipment for temporary work at heights General provisions

74. When there is temporary work at heights, there shall always be selected the technical equipment that is best suited and which ensures ergonomically appropriate conditions.

75. The technical equipment shall be of a design that takes into account the nature of the work so that it can withstand foreseeable impacts and so that employees can work and move safely.

76. Technical equipment used for temporary work, stays or movement at heights shall be suitable and adapted to such an extent that their use is fully justifiable from a health and safety perspective. This shall take into account the conditions under which the equipment is used and the risks that might arise when using the equipment in question.

77. The technical equipment shall always be placed on a level and suitably strong surface.

78. Measures aimed at ensuring collective protection shall take precedence over measures to ensure individual protection.

79. Taking into account the type of technical equipment chosen, it shall be determined which measures can best minimise the risks to which persons are exposed when using this type of equipment. If necessary, safety measures are to be installed to protect against falls. These safety measures shall be designed in such a manner that they are strong enough to prevent or stop falls from heights and as far as possible avoid injuries to persons.

80. Collective security measures may be interrupted only in places accessible to and from stairs or ladders.

81. When in the performance of a specific work task it is necessary to temporarily remove a collective security measure, it shall be replaced by other effective security measures. The work may not be conducted before these measures have been established. When the specific work task is finally completed or the workplace is temporarily abandoned, the collective security measure shall be re-established.

82. The choice of the most appropriate type of access road for temporary work platforms at heights is to be made taking into account how often and for how long the access road is to be used and how high it should be able to reach. The selected type of access road shall be able to be used for evacuation in case of imminent danger. The passage from access roads to and from work platforms, decks or walkways shall not present an additional risk of falling.

83. Temporary work at heights may only be conducted when weather conditions do not pose a risk to the safety and health of persons.

Scaffolding

84. If the scaffolding is not set up in a standard configuration according to the instructions for use of the type of scaffold in question, a design calculation shall be available for the selected scaffold structure containing a specification of the intended configuration. The design calculation shall include a strength and stability calculation.

85. An instruction for use which takes into account the layout of the selected scaffolding shall be drawn up by an expert person. The instruction for use shall include instructions for how to set up the scaffolding, change the configuration, dismantle it and use it. The instruction for use can be an instruction for use provided by the supplier. In these cases, it shall be supplemented by information on specific details relating to the specific scaffolding if the installation, dismantling or use of it deviates from the procedure described in the supplier’s instruction for use.

86. The scaffolding shall be set up securely and stably while taking into account the nature of the work, support conditions, attachment conditions, foreseeable loads, including weather conditions, and other factors which may have an impact on the stability and load-bearing capacity of the scaffolding.

87. The scaffolding shall be effectively secured against skidding and the substrate shall have a sufficient load-bearing capacity. The support points of the scaffolding shall rest on the entire support surface and larger differences in levels shall be compensated for by adjustable supports or other sound construction elements. The chock up may not exceed 0.2 metres in height.

88. If special equipment is installed on scaffolding, precautions shall be taken to ensure the strength and stability of the scaffolding.

89. For the setting up of scaffolding, only parts belonging to the same scaffolding system or which are manifestly suitable for combining may be used. The assembly and retention of the individual scaffolding parts shall be carried out in a sound manner. Scaffolding screw clamps bollards shall be suitable and may only be used if the scaffolding system’s own parts, or parts which are manifestly suitable for combining, cannot be used immediately. It shall be ensured that the parts used are in a proper condition.

90. Scaffolding decks used when conducting work shall be dimensioned to have a form and placement which allows for them to be used in a sound and safe manner and they shall be installed in a manner that prevents them from being displaced during normal use. There shall be no unjustified gaps between the elements of the decks and the vertically positioned collective fall protection devices. The distance from a loaded deck to the toeboard may not exceed 30 mm.

(2) The individual scaffolding decks shall have properly constructed and appropriately located and designed access roads.

91. A rolling scaffolding shall be secured by appropriate means against accidental movement when used for work at heights.

92. A scaffolding shall be appropriately wide and of a shape that takes into account how it is to be used. Tools and materials shall be able to be placed so that all functions associated with the work can be conducted safely and with safe postures and movements.

93. Scaffolding decks, access roads, walkways and the like shall be provided with sufficiently high guardrails or other effective barriers wherever falling hazards are likely to occur and shall have the necessary strength and be securely constructed.

(2) The guardrails mentioned in sub-section 1 shall consist at least of a toprail placed at a height of 1 metre above the scaffolding deck, a midrail placed at a height of 0.5 metres and a toeboard not less than 15 cm high.

(3) At heights of drop of less than 2 metres, the midrail and toeboard can be omitted unless the omission would pose a particular hazard.

94. Guardrails pursuant to section 93 may be omitted where scaffolding decks and the like follow a wall or other fixed building structure of at least the same height as the guardrail or where there is other equally effective protection against falling. The distance between the scaffolding deck and the wall, building structure or other fall protection may not exceed 0.3 metres.

95. Work on the setting up, changing the setup and dismantling of scaffolding which is more than 3 metres in height as well as chimney and ridge scaffolding and hanging scaffolding which is elevated more than 3 metres above the surrounding surface may only be conducted by persons who have undergone training and are in possession of a certificate of education. The Danish Executive Order on occupational health and safety training programmes(‘bekendtgørelse om arbejdsmiljøfaglige uddannelser’) states when training is required and what qualifications one shall possess before an education certificate can be issued.

96. Scaffolding of 3 metres in height or less as well as chimney and ridge scaffolding and hanging scaffolding 3 metres or less above the surrounding surface may only be erected, modified and taken down by persons who have received particularly adequate training and instruction in particular as regards

1. an understanding of the installation, removal and modification instructions for the scaffolding concerned,
2. safety issues during the erection, dismantling and modification of the scaffolding in question,
3. measures to prevent the risk of persons or objects falling down,
4. safety measures in the event of changes in weather conditions which could jeopardise the safety of the scaffolding in question,
5. permitted load conditions and
6. other risks in connection with the abovementioned erection, dismantling and modification.

97. The erection, dismantling and modification of scaffolding on a large scale shall be carried out under the direction of an expert person and by employees who have received particularly adequate training and instruction in erecting, modifying and dismantling scaffolding. The person managing the work and the employees concerned shall have at their disposal the instruction for use, cf. section 85, including any potential instructions it may contain.

(2) It shall be ensured that scaffolding inspections are carried out only by persons who have knowledge and experience in setting up and modifying scaffolding. After an inspection, the sign shall be endorsed , cf. section 98.

98. A fixed scaffolding above a height of 2 metres shall be provided by the company erecting the scaffolding before being handed over for use with signs indicating what the scaffolding is intended for, the date of its erection and the contact details of the company erecting the scaffolding. The same shall also be observed when changes are made to the setup of the scaffolding. The sign shall also display the date of the most recent inspection, cf. section 97(2).

99. When parts of a scaffolding are not ready for use, for example in connection with erection, modification or dismantling, general warning signs shall be set up in accordance with the Danish Executive Order on safety signage and other forms of signalling (‘bekendtgørelse om sikkerhedsskiltning og anden form for signalgivning’). These parts are to be physically blocked off to prevent access to the danger zone.

100. When using scaffolding, it shall be ensured that the scaffolding is not used for work functions which it is not suitable for. It shall also be ensured that materials are placed so that they do not pose a hazard and the area on and around the scaffolding shall be kept tidy and orderly.

101. Ascending, descending and other movement on the scaffolding may only take place on the parts of the scaffolding which are designed for this or by other equally safe access and traffic routes.

102. Access holes shall be provided with a cover or barrier secured against accidental opening. On scaffolding decks where work is being conducted, access holes shall be kept closed or blocked off.

103. Scaffolding higher than 5 metres and longer than 10 metres and intended to be used by more than two persons at the same time shall have separate access areas unless this is not technically or practically possible.

104. From scaffolding decks it is not permitted to work from ladders, trestles scaffolding or other loose objects. If additional working height is required on a scaffolding deck, this shall be established only by the use of suitable equipment which shall be securely attached in place. Access to the additional working height shall be sound from a safety perspective and safety measures shall be taken to protect against falling down from the additional working height in accordance with sections 93-94 and Section 102.

105. In the case of scaffolding erected on an area where there is a risk of collision, measures shall be taken to effectively protect against this risk, for example, by appropriate guarding or marking.

106. Where there is a risk that objects or materials may fall from the scaffolding, appropriate measures shall be taken to secure the surroundings, for example, by cordoning off or guarding.

Ladders

107. The use of ladder as a work platform for conducting work at heights shall be limited to situations where, taking into account sections 74-78, it would not be appropriate to use other, safer work equipment because the risk is so low and either because the use is short-lived or because there are existing restrictions at the workplace that the employer cannot change.

108. Ladders shall be set up in such a way that their stability is ensured during use. Free-standing ladders shall be supported on a stable, durable and firm surface of appropriate size so that the steps are in a horizontal position. Hanging ladders shall be fastened securely and in such a manner that the ladder (except for rope ladders) cannot shift and so that oscillations are avoided.

109. Free-standing ladders shall be secured against slippage during use, either by fixing stiles at the top or at the bottom or by means of a non-slip device or in another equally effective manner.

110. Only light and manageable loads and tools may be transported on free-standing ladders.

111. Access ladders shall be sufficiently higher than the access level so that the upper part of the ladder can serve as a support when moving to and from the ladder unless there is another secure way of holding it in place.

112. Ladders consisting of several sections and extension ladders shall be used in such a way that there is certainty that the different sections cannot move relative to each other when they are being used.

113. Mobile ladders shall be secured against movement before stepping onto the ladder.

114. Ladders shall be used in such a way that the user has a secure support point and a secure place to hold on to at all times. In particular, the user shall have a secure place to hold on to, even if the user is carrying something in the hand while on a ladder.

Use of rope-supported work equipment (rappelling)

115. Rope-supported work equipment (rappelling) may only be used in circumstances where the work pursuant to the workplace assessment, cf. section 4, section 6 and sections 6(a)-6(c) of the Danish Executive Order on the conduct of work (‘bekendtgørelse om arbejdets udførelse’), can be conducted safely and where the use of other, safer work equipment is not appropriate. On the basis of the workplace assessment and in particular taking into account the duration of the work and the ergonomic constraints, an appropriately designed chair shall be provided.

116. The use of rope-supported work equipment (rappelling) shall meet the following conditions:

1. At least two ropes shall be used, each with its own anchor point - one shall be used as an access route for up and down movement and as a support rope (working rope) and the other as a safety rope (securing rope).
2. The persons conducting the work shall be equipped with and use a suitable climbing harness which will connect them to the safety rope.
3. The support rope shall be equipped with a secure climbing and descending mechanism and shall have an automatic blocking system so as to prevent falls in the event that the user loses control of his or her movements. The safety rope shall be equipped with a movable fall protection device that follows the movements of the person.
4. Tools and other accessories used during work shall be attached to the climbing harness or to the chair or secured in another appropriate way.
5. Work shall be planned and monitored effectively so that those conducting the work can get help if needed.

(2) Those persons engaged in rope-supported work shall have received a particularly comprehensive instruction and training in the performance of the work concerned, including the risks that the use may entail and, in particular, in the relevant rescue procedures.

117. In specific circumstances, the use of a single rope may be permitted if, on the basis of a risk assessment for the specific work, it can be determined that the use of a second rope would make the work more dangerous and if appropriate safety measures have been taken.

Chapter 8 Exemptions and complaints

Excemptions

118. The Danish Working Environment Authority (WEA) may, in special circumstances, make individual exemptions from the provisions in this Executive Order where it is considered reasonable and fully justifiable and to the extent that it is compatible with Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 laying down minimum safety and health requirements relating to the use of work equipment by workers at work.

119. Decisions taken by the Danish Working Environment Authority (WEA) pursuant to this Executive Order may be appealed to The Council of Appeal on Health and Safety at Work in accordance with section 81 of the Danish Working Environment Act.

Chapter 9 Penalties

120. Unless a higher penalty is due under the Danish Working Environment Act or other legislation, the penalty shall be a fine or imprisonment of up to 2 years for those who

1. violate sections 5-117,
2. do not comply with improvement notices or prohibition notices issued in accordance with the provisions of the Executive Order or,
3. disregard the terms for dispensation notified of pursuant to the provisions of the Executive Order.

(2) For violation of sections 5-19 and sections 22-117, a fine may be imposed on an employer, even if the violation cannot be attributed to them as intentional or negligent. It is a condition of the fine that the violation can be attributed to one or more persons associated with the company or the company as such. There shall be no alternative sentence imposable in lieu of a fine.

(3) Companies etc. (legal persons) may be charged with criminal liability according to the rules in Chapter 5 of the Danish Penal Code.

Chapter 10 Entry into force and transitional provisions

121. The Executive Order shall enter into force on 1 July 2022.

(2) The provisions of section 73(1), 2nd sentence shall enter into force on 1 July 2023.

(3) For heights of toeboards on baskets and platforms/work platforms covered by Annex 1, no. 2.1 and Annex 2, no 2.4 and 2.5, the rules applicable to date shall apply until 1 July 2023.

(4) For the safety factor for the attachment of the lifting gear referred to in Annex 1, sub-section 2.9, the rules applicable to date shall apply until 1 July 2023.

(5) The following executive orders are repealed:

1. Executive Order no. 1109 of 15 December 1992 on the use of technical equipment.
2. Executive Order no. 1101 of 14 December 1992 on hoisting equipment and winches.
3. Executive Order no. 776 of 25 November 1991 on centrifuges.
4. Executive Order no. 519 of 30 July 1987 on the rolling over protective structures for tractors and certain self-propelled motor equipment (ROPS).
5. Executive Order no. 614 of 26 June 2003 on the emptying, maintenance and repair of chip silos.
6. Executive Order no. 629 of 27 June 2008 on the use and setting up of builders hoists for persons is repealed.

Danish Working Environment Authority (WEA), on 5 April 2022

Sine Frederiksen / Gro Iversen

Official notes

¹⁾ The Executive Order contains provisions implementing Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 laying down minimum safety and health requirements relating to the use of work equipment by workers at work (Second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), Official Journal of the European Union 2009 No. L 260, page 5.

Annexes

1 - Lifting of people using cranes

2 - Lifting of people using forklift trucks

3 - Accreditation of inspection bodies for builders hoists for persons