Executive order on the design of technical equipment

Pursuant to section 35(1), section 46, section 84 and section 86 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 covers the design, labelling, instructions for use, testing and placing on the market of technical equipment.

(2) 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.

(3) Machinery, equipment and protective systems intended for use in potentially explosive atmospheres, lifts and safety components for lifts, pressure equipment, transportable pressure equipment, simple pressure vessels, cableway installations, aerosol dispensers and construction components covered by harmonisation legislation of the European Parliament and of the Council (total harmonisation) are also excluded from the executive order.

(4) In addition, technical equipment is exempt from the executive order, in whole or in part, to the extent that the design requirements are regulated by more specific rules.

Chapter 2 Definitions

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

1. Machinery, containers, apparatuses, ladders, scaffolding, 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 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, installation, putting into service, taking out of service, operation and monitoring, adjustment, inspection, maintenance, repair, cleaning and other maintenance done to the equipment.

(3) “Operator” is to be understood as: The person or persons operating a technical equipment.

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

(5) “Lifting equipment” is to be understood as: A component or equipment that allows the load to be hooked and is not attached to the lifting machine, etc. The lifting accessory is placed between the machine, etc. and the load, on the load itself or designed to serve as an integral part of the load and placed on the market separately. Lifting accessories also include lifting chains, rope straps and their components.

(6) “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.

(7) “Mechanical” is to be understood as: Moving parts powered by something other than human and animal power.

(8) “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.

(9) “Landing” is 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).

3. The obligations under this Executive Order are incumbent on manufacturers and other suppliers, projectors, repairers, etc. as well as employers, company managers, supervisors and other employees, users, installers, rental services, etc. according to the general rules of the Danish Working Environment Act, cf. section 2 and Chapter 4 of the Act.

Chapter 3 General provisions

4. Technical equipment shall be designed in such a manner that they are fully justifiable from a health and safety perspective and so that they can be used without being a threat to health and safety when used as intended.

(2) Technical equipment shall be designed and constructed of suitable materials, taking into account the foreseeable stresses to which they are likely to be subjected. Technical equipment shall have the necessary strength and durability to address health and safety issues.

(3) Technical equipment in which pressures, temperatures, material stresses or other influences which may cause dangerous conditions shall be designed and constructed or fitted with equipment to limit such impacts in such a manner that the safe and, if relevant, specified limits are not exceeded. If necessary, the technical equipment shall be equipped with a warning mechanism that automatically triggers if such limits are exceeded.

(4) Recognised norms and standards that are relevant to the health and safety aspects of the design of the technical equipment shall be observed.

5. The person responsible for the design of new technical equipment or the modification of existing equipment shall:

1. Assess the risks and hazards associated with the intended use of the equipment and reasonably predictable misuse.
2. Assess whether a modification to an existing piece of equipment is so significant that it becomes subject to other regulations, for example, CE marking requirements.
3. Construct and manufacture the technical equipment, or its modification, taking into account the results of the assessment in no. 1 and 2.

6. In the construction of a technical equipment, there shall be mechanisms to avoid hazards associated with using it. It shall also be ensured that

1. persons are not able to get in contact with dangerous machine components or substances,
2. tools, items or parts thereof, splashes and the like cannot be ejected and pose a danger to health and safety and
3. heat, cold, radiation, noise, vibrations, dust, humidity, smoke, fumes, gases, liquids or other substances generated by the use of the equipment are not emitted in such a way as to endanger health or safety.

(2) If the necessary protection cannot be provided by the construction, it shall be adequately implemented by means of guarding, extraction, other safety equipment or other safety measures.

7. If the shape or colour of a technical equipment or parts thereof may have safety or health implications, this must be taken into account as far as possible.

8. Accessible parts of technical equipment shall, taking into account the intended use of the equipment, be designed in such a way that there are no sharp corners, edges, rough surfaces, etc. that could cause injuries.

(2) The design shall, as far as possible, ensure that the equipment can be easily cleaned and that cleaning of and around the technical equipment can be carried out without risk to health or safety.

9. A technical equipment that is likely to be moved, transported, installed and assembled shall be designed taking this into account and, if necessary, be equipped with devices so that moving, etc. can be carried out in a manner that is fully justifiable in terms of health and safety.

Control mechanisms, control systems, controls, surveillance and alarm signals

10. Control mechanisms and control systems shall be designed, constructed and shaped in such a way as to prevent or counteract the risk of inadvertent or erroneous starting, changing or stopping of functions, which could lead to a dangerous situation.

11. Control mechanisms on technical equipment where safety aspects are involved shall be easily accessible, clear and easy to see and, if relevant, appropriately marked.

(2) Control mechanisms shall be situated and shaped in an ergonomically appropriate way and have proper lighting.

(3) Except in cases where this is not possible, control mechanisms shall be located outside the hazardous areas and in such a way that the operation of the controls does not create additional risks. Inadvertent operation of the controls shall not cause dangerous situations.

12. If necessary, it must be possible to verify from the main control point that no persons are in the hazardous areas. If this is impossible, a safe system, such as a sound or light signal, must be triggered prior to any starting up of the equipment. The exposed person shall have the time and opportunity to quickly avoid risks associated with starting or stopping the technical equipment.

(2) The alarm signals of technical equipment shall be easily perceived and understood and be unambiguous.

13. The control systems shall be safe and must be selected taking into account the failures, disturbances and loads that are foreseeable in connection with the intended use of the technical equipment.

14. Automatically operated, controlled or monitored technical equipment shall be equipped with devices for downsizing the processes, disabling the automatic control and equipment for manual operation and emergency stops to the extent that this may have safety implications.

15. Technical equipment whose safety depends on the operating state shall be equipped with monitoring, control and regulation equipment where necessary.

(2) Monitoring and control equipment shall be properly constructed and made of suitable materials so that they function reliably in a manner that is fully compatible with health and safety concerns.

(3) Monitoring and control equipment shall be constructed and located so that it cannot be inadvertently have its settings changed. Their display shall be correct, clear and well lit. Reading and adjustment must be possible from an easily accessible location and it shall be possible to make any necessary adjustments or replacements.

16. The manner of switching on, controlling and disconnecting the supply of energy to a technical equipment or other means of influencing its functions or work processes shall, as far as possible, ensure that no risk occurs to health or safety.

17. The starting of the technical equipment may only be possible as a deliberate act and done via an operating mechanism intended for this purpose. The same applies to reconnecting after a stop, regardless of the reason for this, or controlling a significant change in operating conditions, for example, speed, pressure, etc. unless this reconnection or change does not pose a risk to persons.

(2) A reconnection or change of operating conditions due to the normal sequence of an automatic cycle is not covered by the requirement of sub-section 1.

(3) Restarting after being stopped by the protective device may only be possible by a deliberate action with the normal starting device after the action of a reset. The reset mechanism shall be placed in such a manner that it cannot be reached by a person located in a danger zone. If the protective device is constantly actuated while a person is in a danger zone, no special reset device is required.

(4) Changing the operating method must not result in hazardous functions. When changing over, the necessary protective function shall be automatically activated at the same time. The device for changing the operating methods shall be lockable and designed in such a way that it is clear which operating mode is selected.

18. Where it has an impact on health and safety issues, technical equipment shall be equipped with operating mechanisms that allow for a complete stop of the equipment in a manner that is justifiable from a health and safety perspective.

(2) It shall be possible to stop functions or work processes quickly from suitable locations on or near the equipment unless such stops could create a hazard. Where safety reasons warrant it, stopping must be able to occur automatically. If necessary, stopping must be combined with braking.

(3) Each operating position shall be equipped with operating mechanisms to stop either all parts of the technical equipment or merely parts of it depending on the risk in a manner that ensures that the equipment is put in a safe state. Stop orders for the technical equipment shall have a higher priority than start orders. When the technical equipment or its hazardous parts are stopped, the energy supply to the relevant drive mechanisms shall be disconnected.

19. If relevant in the context of the dangers posed by a piece of technical equipment and the time it normally takes to stop it, the technical equipment shall be issued with an emergency stop device.

(2) The emergency stop device shall be easily identifiable, easily accessible and remain in the stop position until a manual reset is made.

(3) If abnormal operating conditions, including variations or interruptions in the energy supply to a technical equipment, may present a hazard, the equipment must have effective protection against such hazards. If necessary, the equipment shall be equipped with an automatic and appropriately functioning alarm signal.

Falling, ejection, blasting etc.

20. Technical equipment that creates hazards due to falling or ejected objects shall be fitted with appropriate safety mechanisms adapted to the nature of the hazard.

Guarding

21. When there is a risk of accident due to physical contact with moving parts of the technical equipment, these parts shall be fitted with guarding or protective mechanisms to prevent access to the danger zones or to stop the movement of the dangerous parts before there is access to the danger zones.

(2) Guarding and protective mechanisms

1. must be solidly made,
2. may not cause additional risks to occur,
3. may not be easily movable or easy to disable,
4. must be at a sufficient distance from the hazardous area,
5. may not obstruct the view while working more than necessary and
6. must allow access for the fitting or replacement of parts as well as maintenance work that is absolutely necessary, restricting access to the area where the work is to be conducted and, as far as possible, without dismantling the shielding or protective mechanism.

Lighting

22. Lighting that is recessed or mounted on technical equipment shall be appropriately designed, including being non-glare.

Temperatures

23. If necessary, parts of technical equipment with high or very low temperatures shall be guarded so that people cannot come into contact with them or get near them.

Emission

24. Technical equipment presenting hazards due to gas, vapour, liquid or dust emissions shall be equipped with appropriate capture or extraction devices in the vicinity of the sources of danger.

Energy supply and protection against lightning

25. Technical equipment shall be equipped with easily identifiable mechanisms that make it possible to disconnect all energy supply. Reconnection shall be possible without posing a risk to persons.

26. Energy supply equipment shall be constructed, manufactured and installed in such a way that it does not endanger safety or health.

(2) Technical equipment shall be designed in such a way that persons are protected against the risk of direct or indirect contact with electricity.

(3) Technical equipment which may be struck by lightning during use shall be protected against the effects of lightning by means of appropriate mechanisms or measures.

Fires, leaks and explosions

27. Technical equipment shall be designed in such a way as to protect persons against the risks of fire or overheating of the technical equipment or the risks of releases of gas, dust, liquids, vapours or other substances generated by the technical equipment. The same applies to gas, dust, liquids, vapours or other substances used in or stored in the technical equipment.

28. Technical equipment shall be designed in such a way that there is no risk of explosion for the technical equipment or for substances produced by the technical equipment. The same applies to substances used in or stored in the technical equipment.

Access conditions

29. When traffic, stays, operation of the equipment, inspections, maintenance work, repair work, etc. is to be done by or on technical equipment, there shall be set up access and traffic routes and work platforms to the necessary extent. These shall be designed and completed so that they are secure and lit and so that their use is fully justifiable from a health and safety perspective.

Inspection, maintenance and repair

30. Technical equipment shall be designed so that inspection, maintenance and repair work can be conducted when the technical equipment is stopped. If this is not possible, it shall be possible to take appropriate protective measures for the conduct of this work or to conduct it outside the hazardous areas.

Labelling and warnings

31. Technical equipment shall carry the necessary warnings and markings for the safety of persons.

(2) To the extent that it may have safety or health implications, the instructions for use, essential parts thereof or references to them shall be indicated directly on the device or on signs, notices, etc. that are placed by the technical equipment.

32. All machinery supplied for use or exhibited in this country shall bear the name and address of the manufacturer or, in the case of imported machinery, the importer, or any other mark by which the manufacturer or importer can be easily identified.

33. Marking colours and symbols shall be clear and durable and, for the reasons of visual perception,, appropriate shapes and colours shall be used throughout the technical equipment.

Instructions for use

34. With the delivery of a technical equipment or at the putting into service a technical equipment manufactured for own use shall follow an instruction for use with the information needed to ensure that the technical equipment can be used in a manner that is fully justifiable from a health and safety perspective..

(2) The instructions for use shall contain instructions for the use of the technical equipment and plans, diagrams, etc. for the design and function of the equipment and information on hazards or other special features of the equipment, including restrictions on use, which may affect health and safety and which are not common knowledge. If the use of personal protective equipment is necessary when using the technical equipment, the instructions for use shall provide information on the type and application of the protective equipment.

(3) The instructions for use shall contain information regarding foreseeable irregularities. If malfunctions, automatic failures or other exceptional situations with the technical equipment can lead to dangerous conditions, the instructions for use shall contain a warning and instructions on the safety measures to be taken in such situations.

(4) The instructions for use shall be complete and easily understood by those who are likely to use it. At a minimum, the instructions for use shall be written in Danish.

(5) The instructions for use shall be updated if the design of the technical equipment is changed.

Chapter 4 Additional requirements for mobile technical equipment

35. If a mobile technical equipment is designed to be occupied by one or more people, the equipment shall be designed in such a manner that the risk to people is minimised as much as possible when the equipment is moving. This also applies if there is a risk of people coming into contact with or being caught by wheels or belts.

36. If an unintentional blocking of the power transmission parts between a mobile technical equipment and its accessories or trailer can lead to particular risks, the technical equipment shall be equipped or designed in such a way as to prevent blocking of the power transmission parts. Where such blockages cannot be prevented, every possible measure shall be taken to avoid harmful consequences for persons.

37. Mobile technical equipment shall be fitted with fastening devices for the transmission parts if this is necessary to prevent the parts from dragging on the ground and thus becoming soiled or damaged.

38. If a piece of mobile technical equipment is intended to be occupied by one or more people, the technical equipment shall, depending on the actual conditions it is used in, be fitted with one of the following designs to limit the risks associated with the equipment rolling or tipping over :

1. a safety construction that prevents the technical equipment from tilting more than 45 degrees,
2. a construction that ensures sufficient clearance space around the person(s) standing on the equipment if it can tilt more than 45 degrees, or
3. any other mechanism with equivalent functionality.

(2) The safety constructions mentioned in sub-section 1 may be integrated into the technical equipment.

(3) The safety constructions mentioned in sub-section 1 are not required when the technical equipment is stabilised during use or when the design of the equipment itself prevents it from tipping or rolling over.

(4) If there is a risk of people present on the technical equipment being squeezed between parts of the work tools and the ground, there shall be installed a system such as safety harnesses to fasten the person or persons that are present on the technical equipment in place.

39. If a forklift truck is intended to carry one or more persons, it shall be designed or equipped with, for example, one of the following structures to limit the risks associated with rolling over:

1. a driver’s cabin,
2. a construction that prevents the forklift truck from rolling over,
3. a construction which ensures that in the event of rolling over there is sufficient space between the ground and certain parts of the forklift truck for the occupant(s) of the forklift truck or,
4. a construction to fastening the person or persons to the driver’s seat so that they will not be crushed by parts of the forklift truck if it rolls over.

40. If driving a self-propelled technical equipment may pose a risk to persons, the technical equipment shall meet the following requirements:

1. It shall be equipped with a mechanism that prevents accidental starting.
2. If it includes several units that can move simultaneously on rails, it shall be equipped with appropriate mechanisms to mitigate the consequences of a possible collision.
3. It shall be equipped with a device for braking and stopping. When required for safety reasons, there shall be an easily accessible emergency control unit with controls or an automatic system for braking and stopping the equipment in the event of a failure of the main control unit.
4. If the driver’s direct field of vision is insufficient for safety purposes, appropriate auxiliary equipment shall be installed to improve visibility.
5. If the technical equipment is intended for use at night or in dark places, it shall be equipped with a lighting device appropriate to the work to be conducted and it shall ensure sufficiently safe conditions for persons.
6. If the technical equipment itself presents a fire hazard or if connected equipment or loads present a fire hazard that could endanger persons, it shall be equipped with appropriate fire-fighting equipment unless such equipment is already in adequate proximity to the area in which it is used.
7. A remotely controlled technical equipment shall stop automatically if it moves outside the remote control range.
8. A remotely controlled technical equipment, which under normal conditions of use may present a risk of collision or entrapment shall be fitted with mechanisms to protect against such risks unless other appropriate mechanisms to control the risk of collision are already available.

Chapter 5 Additional requirements for technical equipment intended for lifting loads including persons

41. A technical equipment intended for lifting loads shall be clearly marked with the maximum permissible load (rated load).

(2) The technical equipment shall be provided with a load diagram showing the permissible loads for the different configurations of the equipment.

(3) Lifting accessories shall be marked in such a way that the characteristics that affect safety are clearly indicated.

(4) If a technical equipment is not intended for lifting persons, this shall be indicated by appropriate and clear signs if there is any possibility of making a mistake about this.

Technical equipment intended for lifting or moving persons as well as stage decoration and lighting lifts lighting hoists

42. Technical equipment intended for lifting or moving persons shall be constructed in such a manner that

1. it is possible to prevent the cage, basket, etc. from falling down if such are part of the equipment using appropriate mechanisms,
2. the risk of the user falling out of the cage, basket, etc. is prevented when there is such a risk,
3. the risk of the user being injured, squeezed, getting stuck or suffering a hard impact due to accidental contact with objects is prevented and,
4. persons trapped in a cage, basket, etc. in the event of an accident cannot be exposed to danger and, if this occurs, so that they can be released.

(2) If, due to the workplace or height difference, it is not possible to avoid the risks referred to in sub-section 1, no. 1 by means of a suitable mechanism, the technical equipment shall be equipped with a suspension cable with an increased safety factor.

43. Mechanical technical equipment for lifting of free-hanging loads shall, when intended for lifting persons, meet the following specific requirements:

1. the dimensioning shall be carried out using a calculated load that is 50% greater than the assumed maximum static load and,
2. ropes, chains and mechanical components subject to wear shall be dimensioned for twice the intended maximum load and shall be doubled or secured with an automatic and direct-acting catching or braking device.

44. section 43, no. 2 also applies to mechanical technical equipment for lifting free-hanging loads where other special safety considerations apply, for example, for stage hoists, decoration hoists and lighting hoists.

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

45. Mechanical technical equipment that uses a means of support to lift a free-hanging load shall meet the additional requirements in Annex 1.

Builders hoists for persons

46. Builders hoists intended solely for the transport of materials and temporarily installed at construction works shall be designed so that they have a level of safety at least equivalent to the requirements of standard DS/EN 12158-1:2000.

47. Builders hoist for persons shall be designed so that they have a safety level at least equivalent to the requirements of the DS/EN 12159:2000 standard.

Chapter 6 Exemptions and complaints Exemptions

48. The Danish Working Environment Authority (WEA) may, in special circumstances, make individual exemptions from the provisions of 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.

Appeals

49. 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 7 Penalties

50. 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 section 4(1-3) and sections 5-47,
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 the violations specified in sub-section 1, no. 1, a fine may be imposed to 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 8 Entry into force provisions

51. The executive order shall enter into force on 1 July 2022.

(2) Executive Order no. 612 of 25 June 2008 on the design of technical equipment 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 - Additional requirements for mechanical technical equipment for lifting free-hanging loads (cranes, etc.)