Pursuant to Sections 35, subsection 1, Sections 46, 74, 84 and 86 of the Danish Working Environment Act, cf. Consolidation Act No 268 of 18 March 2005, as amended by Act No 300 of 19 April 2006, Act No 175 of 27 February 2007 and Section 29 of Act No 512 of 6 June 2007, as well as following authorisation according to Section 73 of the Act, the following is laid down:
Chapter 1 - Scope and definitions
Section 1. This Order applies to the design, marking, instructions for use, examination and marketing of technical equipment.
Subsection 2. In accordance with Section 3 of the Working Environment Act, this order does not apply to:
- Technical equipment used for aviation purposes, with the exception of equipment used on the ground;
- Technical equipment on board of ships and fishing vessels, although the Order does apply to
a) equipment used for loading and unloading, apart from the ship’s hoisting gear and other permanently installed equipment; and
b) equipment used for shipbuilding work on board of ships and to equivalent work.
Section 2. For the purposes of this Order “technical equipment” shall mean:
- machines, containers, apparatus, instruments and any other similar devices which
a) are used in the processing of a product;
b) are used in the production of work result, including transport and storage; or
c) play a part in the execution of a technical process; and
- parts of such devices, pre-fabricated structures and any other manufactured object which is intended to be combined with other objects to form a complete unit.
Section 3. Technical equipment shall be designed so that it does not involve any risk to health and safety when installed and maintained appropriately and used in accordance with its intended purpose.
Section 4. The obligations under this Order rest with the manufacturer and other suppliers, designers, repairers, etc., as well as with employers, owners, company managers, supervisors, other employees and users under the general rules of the Working Environment Act, cf. Section 2 and Chapter 4 of the Act.
Chapter 2 - Repealed, and replaced by Executive Order 693
Chapter 3 - Other machines and technical equipment
Design, manufacture, equipment and configuration
Section 36. The rules in this Chapter apply to technical equipment not covered by Chapter 2.
Subsection 2. The general provisions in Sections 37-63 apply to the design, manufacture, equipment and configuration of technical equipment.
Section 37. A piece of technical equipment shall be of appropriate design and construction using suitable materials with due regard to the stresses to which it may be expected to be subjected, so that it has the requisite strength and durability from a health and safety standpoint.
Subsection 2. A piece of technical equipment in which pressure, temperatures, material stresses or other stresses which may cause hazardous conditions are present or may arise must be designed and constructed or fitted with suitable devices to prevent these stresses exceeding reasonable and any set limits where applicable. If necessary the equipment shall be fitted with a warning device which automatically activates if such limits are exceeded.
Section 38. The design of technical equipment shall include a safety device in order to prevent the equipment from causing a hazard. This shall include ensuring that:
- people cannot come into contact with dangerous machinery parts or substances;
- tools, workpieces or parts thereof, splashes etc. cannot be ejected and cause a health and safety hazard; and
- heat, cold, radiation, noise, vibrations, dust, moisture, smoke, vapour, gases or other substances produced during use of the equipment are not emitted in such a way that they constitute a health and safety hazard.
Subsection 2. If the requisite safety device cannot be achieved via design, it shall be implemented safely via a guard, extraction, other safety equipment or other safety precautions.
Subsection 3. Guards and other protective devices:
- must be of robust construction;
- must not give rise to any additional risks;
- must not be easy to displace or render non-operational;
- must be located at an adequate distance from the danger zone;
- must cause minimum obstruction to the view of the production process; and
- must enable essential work to be carried out on the installation and replacement of parts and for maintenance purposes by restricting access exclusively to the area where the work has to be done, if possible without the guard or other protective device having to be removed.
Section 39. Power supply equipment shall be designed, constructed and installed so that it does not constitute a health and safety hazard.
Section 40. A piece of technical equipment shall be designed, constructed and installed so that its operation can be conducted without any risk to health and safety and without others being exposed to danger.
Subsection 2. For all other work with the equipment subsection 1 shall also apply, to the extent this is possible given the nature of the equipment.
Section 41. The manner in which connection, control and interruption of power to technical equipment or other methods used to affect functions or work processes takes place shall to the greatest extent possible ensure that there are no health and safety hazards. This shall include ensuring that the operation can take place under the best possible oversight and inspection conditions and, if necessary, equipment shall be fitted with devices that automatically emit a signal before start-up, shutdown or other actions. Start-up must only take place through the deliberate activation of a control system provided for the purpose.
Subsection 2. It must be possible to stop functions or work processes quickly from suitably placed devices on or by the equipment unless their interruption constitutes a hazard. Where justified for safety reasons, it must be possible for a stop to be activated automatically. If necessary the stop shall be combined with braking. Stop orders shall take priority over start-up orders.
Subsection 3. If abnormal operating conditions, including variations or interruptions in the power supply to technical equipment, may constitute a hazard, the equipment shall have an effective safety cut-out device fitted to prevent this. If necessary the equipment shall be fitted with an automatic and suitably functioning warning device.
Section 42. Lighting which is integral to or mounted on a piece of technical equipment shall be suitably designed, including being non-dazzle.
Section 43. Control devices and control systems shall be designed, constructed and arranged so that the risk of accidental or faulty triggering, modification or stopping of functions leading to danger may be prevented or counteracted.
Subsection 2. Control systems shall be safe and be selected with due regard to the failures, interruptions and loads which may be foreseen in connection with the intended use.
Subsection 3. Control devices shall be easily accessible, clear, visible, suitably marked and be located and arranged ergonomically as well as being well lit.
Section 44. Automatically driven, controlled or monitored technical equipment shall, to the extent that it has any safety implications, be fitted with devices for stepping down the processes, disconnecting the automatic control and equipment for manual operation plus an emergency stop where applicable.
Subsection 2. Such equipment shall also be supplied with instructions, diagrams, plans or similar material which, in the event of the automatic system failing or other extraordinary situations, provides for a full assessment of the associated safety implications and the implementation of the measures or actions which may be necessary to prevent the heath and safety hazard.
Subsection 3. The text of this material and the associated instructions shall be in Danish unless specified otherwise by special rules or it is so decided by the Director-General of the Danish Working Environment Authority.
Subsection 4. The material shall be placed on the equipment or close to it in such a way that is appropriate for its use.
Section 45. Technical equipment whose safety depends on the operating conditions shall to the extent necessary be fitted with monitoring, inspection and control devices.
Subsection 2. Monitoring and inspection devices shall be of appropriate design and construction using suitable materials so they work reliably in terms of ensuring health and safety.
Subsection 3. Monitoring and inspection devices shall be of appropriate design and positioned so that their settings cannot be lost inadvertently. Their display shall be correct, clear and well lit. It shall be possible to take readings and enter settings from an easily accessible area, and it shall be possible to carry out necessary adjustments or replacements.
Section 46. Where traffic or someone’s presence is required on or near to a piece of equipment for operational, maintenance, inspection or other purposes, access routes and gangways as well as work platforms shall be set out to the extent required. These shall be configured and constructed, secured and lit so that their use meets all health and safety requirements.
Section 47. Where the shape or colour of technical equipment or parts thereof may have health and safety implications, these must be taken into consideration to the greatest extent possible.
Section 48. Marking colours and symbols shall be clear and durable and out of consideration for visual perception the equipment should be given a suitable shape and colour.
Section 49. To the extent its intended use allows for this, accessible parts of the equipment shall be configured so that there are no sharp corners, edges, rough surfaces, etc. which may lead to personal injury.
Subsection 2. As far as possible, the configuration must ensure that the equipment can be cleaned easily and that the cleaning of and around said equipment may take place without involving any health and safety hazards.
Section 50. A piece of technical equipment which may be expected to be moved, transported, installed and mounted shall be configured with this in mind and if necessary be fitted with devices so that moving etc. may take place in a way that fully satisfies health and safety requirements.
Instructions for use and marking
Section 51. On delivery, a piece of technical equipment should be provided with instructions for use which are necessary for the equipment to be used, transported and installed in accordance with health and safety requirements and also to be kept in a condition which complies with regulations. These include essential instructions, plans, diagrams, etc. for the equipment's design and function, information on hazards or other special conditions for the equipment, including usage restrictions which may have health and safety implications in the working environment and which are not common knowledge. They must also contain information on any special safety precautions which are necessary in connection with the use, transport, installation and maintenance of the equipment. Should personal protective equipment be necessary, the instructions for use shall provide details on their type and use, in accordance with the rules given for this equipment.
Subsection 2. The instructions for use shall be complete and easy to understand for anyone expected to use them. They must be written in Danish unless specified otherwise by special rules or the Director-General of the Danish Working Environment Authority allows or requires them to be in another language.
Subsection 3 To the extent there may be health and safety implications, the instructions for use, essential Sections thereof or references theret, shall be given directly on the equipment or on a sign, notice, etc. for mounting by the equipment.
Subsection 4. All machinery delivered or exhibited here in Denmark shall be furnished with the name and address of the manufacturer, or for imported machinery the relevant importer, or with another form of marking which facilitates identification of the manufacturer and importer respectively.
Mobile work equipment, including self-propelled equipment
Section 52. If a piece of mobile work equipment is intended to hold one or more persons, the equipment shall be designed so that the risk to these people is reduced as much as possible when the equipment is in motion. This also applies to the risk of the people coming into contact with wheels or caterpillar tracks or being caught up by them.
Section 53. If the unintentional blocking of the power transmission components between a piece of mobile work equipment and its accessories or trailer may lead to special risks, the equipment shall be fitted out or designed in such a way that these power transmission components cannot be blocked. Where such blocking cannot be prevented, every possible precaution shall be taken to avoid personal injury.
Section 54. A piece of mobile work equipment shall be supplied with fasteners for the power transmission components if this is required in order to avoid the components dragging along the ground and thereby becoming soiled or broken.
Section 55. If a piece of mobile work equipment is intended to hold one or more persons, the equipment shall, depending on the actual conditions of use, be supplied with one of the below mentioned safety devices in order to restrict the risk of rolling over:
- a device which prevents the equipment from tilting more than 45 degrees;
- a device which ensures an adequate free clearance around the person or persons on the tool if it can tilt more than 45 degrees; or
- any other device with a corresponding purpose.
Subsection 2.The safety devices specified in subsection 1 may be integrated into the work equipment.
Subsection 3. The safety devices specified in subsection 1 are not required when the work equipment is stabilised during use or when the actual design of the equipment prevents it from rolling over.
Subsection 4. If there is a risk of someone on the work equipment getting crushed between parts of the work equipment and the ground, a system, e.g. a safety harness, for securing the person or persons who are on the work equipment shall be fitted.
Section 56. If a forklift truck is intended to carry one or more persons, it shall be designed or fitted out with e.g. one of the below mentioned devices in order to limit the risks associated with rolling over:
- an operator cab;
- a device which prevents the forklift truck from rolling over;
- a device which ensures that in the event of rolling over, there is adequate space between the ground and certain parts of the forklift truck for the person or persons on the truck; or
- a construction, e.g. a safety harness, which fastens the person or persons to the operator seat, so that they are not trapped by parts of the forklift truck if it rolls over.
Section 57. If driving a piece of self-propelled work equipment involves personal risk, the equipment shall satisfy the following requirements:
- The equipment shall be fitted with a device which prevents unintentional activation.
- If the equipment is comprised of several units which can move at the same time on the same track, the equipment shall be fitted with suitable devices to reduce the consequences of a potential collision.
- The equipment shall be fitted with a device for braking and stopping. To the extent needed for safety, it is required that there be an easily accessible emergency control unit with operator controls or an automatic system for braking or stopping the equipment in the event of the main control unit failing.
- If the operator’s direct field of vision is insufficient with regard to safety, suitable aids shall be installed to improve his view.
- If the equipment is designed for use at night or in dark spaces, it shall be fitted with a lighting device which is tailored for the work to be performed and which shall create sufficiently safe conditions.
- If the equipment itself constitutes a fire risk or its trailer or load constitutes a fire risk which could expose people to danger, it must be fitted with suitable fire-fighting equipment, unless such equipment is already installed sufficiently close to the point of use.
- A remotely controlled piece of work equipment must stop automatically if it moves out of range of the remote control.
- A remotely controlled piece of work equipment, which under operating conditions could involve a risk of collision or being crushed, shall be fitted with devices to protect against such risk, unless it already has other suitable devices for controlling the risk of collision.
Work equipment used for lifting loads
Section 58. If a piece of equipment used for lifting loads is installed permanently, it must be ensured that it is solid and stable during use, especially with due regard to the loads it is to lift and the manner in which the equipment is suspended or mounted.
Section 59. A piece of equipment used to lift loads shall be clearly marked with the permitted load.
Subsection 2. A chart showing the permitted loads in the equipment’s various positions shall be displayed near the equipment.
Subsection 3. Accessories for the equipment shall be marked in such a way that the technical properties with safety implications are made clear.
Subsection 4. If a piece of equipment is not suitable for lifting people, this fact shall be indicated clearly if it is possible to be mistaken about this.
Section 60. A permanently installed piece of equipment used for lifting loads shall be installed in such a way that it reduces the risk of the loads:
- hitting people;
- accidentally performing dangerous movements or falling down; or
- accidentally being released.
Section 61. A piece of equipment used for lifting or moving people shall be designed so that:
- it is possible to prevent the cab, basket, etc. from crashing with the help of suitable devices;
- the risk of someone falling out of the cab, basket, etc. is avoided;
- the risk of someone being injured, crushed or knocked, particularly as a result of accidental contact with objects, is avoided; and
- people who in the event of an accident are locked into the cab, basket, etc. can be released and not exposed to danger.
Subsection 2. If due to the workplace or height differences it is not possible to avoid the risks detailed in subsection 1, No. 1, a carrier (steel rope or chain) with an enhanced safety factor shall be used.
Section 62. Builders hoists which are solely designed for transporting materials and which have been temporarily installed for use in the execution of building tasks shall be designed so that they have a safety level which corresponds to at least the requirements in the standard DS/EN 12158-1 of 28 December 2000.
Section 63. Non CE-marked mechanically driven hoisting equipment that uses a carrier to lift a freely hanging load and winches used to pull or tow that use one or more carriers to lift a load which is wholly or partly controlled in its track or use a rope, chain, etc. shall, in addition to the requirements in this part, satisfy the supplementary requirements in Annex XII.
Subsection 2. The following do not fall under subsection 1:
- lifting equipment and winches for persons with reduced mobility; and
- lifts etc.
Chapter 4 - Detailed rules
Section 64. The Director-General of the Danish Working Environment Authority may set detailed rules in accordance with the above provisions for every single type of technical equipment.
Subsection 2. Where references are made to norms and standards in the rules, these shall be given clearly and include dates.
Section 65. The Director-General of the Danish Working Environment Authority may issue instructions containing more detailed guidelines on how provisions in the Order and detailed rules can be met.
Chapter 5 - Dispensations and appeals
Section 66. In individual cases, the Director-General of the Danish Working Environment Authority may allow deviations from this Order, on the basis of the equipment’s special design and use or special circumstances which otherwise are thought reasonable and proper. This does not, however, apply to technical equipment covered by Chapter 2.
Section 67. Decisions taken pursuant to this Order may be appealed under Section 81 of the Danish Working Environment Act.
Subsection 2. Appeals against decisions taken by testing institutions, cf. Section 34, may be brought before the Danish Working Environment Authority within four weeks of the party concerned being informed of the decision.
Chapter 6 - Penalties
Section 68. Unless a higher penalty is prescribed under the Working Environment Act or other legislation, a fine or a prison sentence of up to one year will be the penalty for anyone who:
- infringes Sections 3, 19-20, 22-32, 34, subsection 2 and 37-63;
- fails to comply with injunctions or prohibitions announced pursuant to the provisions of this Order; or
- disregards the conditions for authorisation pursuant to this Order.
Subsection 2. An employer may be held liable for fines in the event of Sections 3, 19-20, 22-32, 34, subsection 2 and Sections 37-63 being infringed, even if the infringement cannot be attributed to him as deliberate or negligent. A condition of the liability to pay a fine is that the infringement may be attributed to one or more persons associated with the company or the company as a whole. No alternative penalty is defined for the liability to pay a fine.
Subsection 3. Criminal liability may be imposed on companies etc. (legal persons) under the rules of Chapter 5 of the Danish Penal Code.
Section 69. Penalties for infringement of provisions may be set in the detailed rules under this Order in accordance with Section 84 of the Working Environment Act.
Chapter 7 - Entry into force and transitional provisions
Section 70. This Order shall enter into force on 1 January 2009, cf. however subsections 2-3.
Subsection 2. Chapter 2 shall enter into force on 29 December 2009.
Subsection 3. Section 62 shall enter into force on 1 January 2012. Builders hoists which are solely designed for transporting materials and which have been temporarily installed for use in the execution of building tasks shall, however, be secured effectively against persons and goods falling off with effect from 1 January 2009.
Subsection 4. At the same time as this Order enters into force, Order No 561 of 24 June 1994 on the design of technical equipment shall be repealed, except for Chapter 2, cf. Sections 5-18 including Annexes I-VIII, which shall apply to machines and safety components placed onto the market or put into service between 1 January 1995 and 29 December 2009.
Subsection 5. The documentation required in Annex V to Order No 561 of 24 June 1994 on the design of technical equipment, cf. subsection 2, shall be made available to the competent authorities of the Member States for at least 10 years following the date of manufacture of the machinery or, in the case of series manufacture, of the last unit produced.
Subsection 6. The Director-General of the Danish Working Environment Authority may appoint testing institutions from 29 June 2008, cf. Section 33.
Section 71. Order No 621 of 11 December 1975 on the design and use of bolt guns and their accessories shall be repealed on 30 June 2011. Bolt guns and their accessories which satisfy the design requirements set out in the Order may be marketed and put into service until 29 June 2011.
Section 72. Effective the entering into force of this Order, Chapters 2 and 3 of Order No 1101 of 14 December 1992 on the design of hoisting equipment and winches shall be repealed.
Danish Working Environment Authority, 25 June 2008
Lis Gamborg/Sonja Ploug Jensen
*) This Order contains provisions for the implementation of Council Directive 2006/42/EC (”the Machinery Directive”) (Official Journal 2006, L157/24), and also Council Directive 89/655/EEC (Official Journal 1989, L393, page 13) as amended by Council Directive 95/63/EC (Official Journal 1995, L335, page 28) and Directive 2001/45/EC of the European Parliament and of the Council (Official Journal 2001, L195, page 46).