Executive order on hoists and winches

The CONSOLIDATION includes Orders

• No. 1101 of 14 December 1992, which entered into force on 31 December 1992
• No. 612 of 25 June 2008, which entered into force on 1 January 2009, and
• No. 1421 of 27 December 2008, which entered into force on 1 January 2009.

In pursuance of Section 35, subsection 1 and Sections 41, 46, 74, 78 and 84 of the Working Environment Act, cf. Order No. 646 of 18 December 1985, as amended by Act No. 220 of 22 April 1987, Section 12 of Act No. 196 of 29 March 1989, Act No. 380 of 13 June 1990, Act No. 273 of 8 May 1991, Act No. 373 of 20 May 1992 and Act No. 474 of 24 June 1992, and by authority according to Section 73 of the Act, the following shall apply:

Chapter 1 - Scope

Section 1. The Order includes mechanically driven

1. hoists that use a carrier to lift a freely hanging load, and
2. winches that use one or several carriers to lift a load completely or partially controlled in its course, or use a rope, chain or the like to pull or tow a load.

Subsection 2. The Order contains additional detailed regulations regarding the general requirements for technical aids of the working environment legislation. 
Subsection 3. When a hoist or a winch that also functions as a vehicle is covered by the Road Traffic Act, the regulations of the Road Traffic Act apply to the design, accessories and use as a vehicle of the tool. 

Section 2. The following are exempt from the Order:

1. hoists and winches for persons with reduced mobility, and
2. lifts etc.

Chapter 2 - [Repealed]

Chapter 3 -[Repealed]

Chapter 4 - Mounting and load test

Section 12. Mounting and dismounting of hoists and winches must only be carried out by qualified personnel or under the supervision of a qualified person. Mounting and dismounting must be carried out under secure conditions and according to the instructions of the supplier. 

Section 13. New winches intended for hoisting persons and all new hoists must not be used until they have been subjected to a static load test. 

Subsection 2. Before use, a new load test must be carried out following

1. major alterations or repairs
2. the exchanging of carriers
3. every full overhaul and 10 year overhaul, and
4. new installation, with the exception of new installation carried out for the same owner of driving hoists, such as mobile cranes and truck cranes as well as movable hoists and winches used for lifting persons.

Subsection 3. Persons carrying out the load test must issue a certificate of the test. The certificate must be kept in the log, cf. Section 16, subsection 2.

Section 14. Load tests must be carried out as follows:

1. the load-bearing parts are to be subjected to the most disadvantageous loads, and
2. the stability (tipping safety) testing must be carried out in the most disadvantageous positions.
   Subsection 2. The size of the test load must be 125 % of the maximum allowed work load, unless special circumstances apply.

Chapter 5 - Notification and log

Section 15. The following new hoists and winches must not be used until the Danish Working Environment Authority has been notified:

1. firmly mounted hoists with a maximum load of more than 300 kg, except from electric hoists with a maximum work load of 1000 kg or less,
2. any hoists used in changing operating locations , such as building cranes, and
3. any hoists and winches designed for lifting persons.

Subsection 2. A new notification must be submitted prior to:

1. a change of ownership
2. major alterations or repairs, and
3. new installations, except for new installations carried out for the same owner of driving hoists, such as mobile cranes and truck cranes, movable hoists and winches for lifting persons as well as electric hoists.

Subsection 3. The duty of notification rests on the person in charge of installing the hoist or the winch. However, in case of changing ownership, the duty rests on the new owner. The notification must be submitted on a specific form issued by the Danish Working Environment Authority. For new hoists and winches, the notification must be forwarded to the regional inspectorate where the owner lives or where the owner's business premises are located. Notification according to subsection 2 must be forwarded to the local regional inspectorate of the installation site.

Section 16. For any hoist or winch requiring notification, a log must be kept and stored on or near the equipment.

2. Subsection 2: The log must include:

1. documentation of type approval
2. documentation of load tests
3. documentation of notification
4. certificates of carriers
5. information on faults, defects and overhauls
6. information on repairs that may affect health and safety
7. information on replacement of carriers, and
8. information on the Danish Working Environment Authority's decisions on infringements including notices regarding the hoist or the winch.

Chapter 6 - Use and overhauls

Section 17. Owners and users of hoists and winches must make sure that the equipment works reliably in terms of ensuring health and safety according to the supplier's recommendations while taking into account the immediate surroundings.

 2. Subsection 2. Hoists and winches must not be used for lifting persons, unless designed for such use.

Section 18. Hoists and winches that require certified operators may only be operated by drivers holding the prerequisite certificates, cf. Order No. 509 of 15 October 1976 on crane driver certificates as amended. 

Section 19. Only persons carrying out tasks on the hoist or winch must move about or stay on the equipment and only on the authorised access routes and work platforms, unless the person has been properly secured. Subsection. 2. No one may enter the hoist or lift unless the operator has been notified.
 
Section 20. Hoists and winches must not be left unattended while the engine is running. Subsection 2. When the equipment or the winch is left unattended, the work equipment and auxiliary equipment must be placed in a secure position. The engine must be secured, so that no unauthorised persons may start the engine.

Section 21. No lifting of loads must be carried out, if there are any reasons to doubt whether it would be safe to carry out the task, for instance due to the weight of the load or the construction of the hooking device.

Subsection 2.The weight of the load including hooking equipment must be established, if it is considered relevant for safety reasons. 

Subsection 3. Tables or the like clearly stating the maximum work load must be present at the place of use for the carriers included in Section 8, subsection 2.

Section 22. Hoists and winches must be kept in a condition that ensures health and safety and must be inspected and maintained according to the supplier's recommendations. At least every 12 months, a full overhaul must be carried out by the supplier or another expert. 

Subsection 2. Used hoists and winches must be submitted to a full overhaul, before the new owner uses the equipment. Subsection 3. Hoists and winches that have been laid up must be submitted to a full overhaul, before the equipment is used. 

Section 23. Hoists for outdoor use must, after 10 years as from the production year, be submitted to a full overhaul by a special expert, before the equipment is used, cf. Section 24 (the 10 year overhaul). This overhaul replaces the 12 month overhaul that year. 

However, hoists permanently fixed to registered trucks and delivery vans do not need the 10 year overhaul. 
Subsection 2. Hoists that are permanently mounted on registered lorries and/or commercial vehicles, are, however, exempt from the 10-year overhaul provision.

Subsection 3. The 10 year overhaul must include load-bearing parts, welds, joints, safety equipment and transmission parts and the like. 

Subsection 4. The expert shall prepare a report of the inspection including an assessment of whether specific conditions should be imposed regarding the continued use of the equipment. As soon as possible after having received the report, the owner must forward it to the Danish Working Environment Authority. The Danish Working Environment Authority may then impose conditions for the continued use of the equipment.

Section 24. The 10 year overhaul may only be carried out by a company with expert knowledge in the field and that is deemed fit to do so.

Chapter 7 - Inspection, dispensation and complaints

Section 25. When carrying out its tasks in accordance with this Order, the Danish Working Environment Authority may use the assistance of other experts.

Subsection 2. The Danish Working Environment Authority may demand that the manufacturer, importer, owner or user of a hoist or winch initiates such tests as the authority deems necessary for the assessment of the propriety or required condition of the hoist or winch. 

Subsection 3. The director of the Danish Working Environment Authority may determine that tests must be carried out by an institution or company accredited by the Danish state. If such tests are carried out in other countries of the Common Market, these are accepted, if they have been carried out by a corresponding institution or company within the European Communities. 

Section 26. The director of the Danish Working Environment Authority may allow deviations from this Order, if the specific construction, installation, use or other special circumstances of the hoist or winch makes this reasonable and justifiable.

Section 27. Decisions made according to this Order may be appealed in accordance with Section 81 of the Health and Safety at Work Act.

Chapter 8. - Penalty, entering into force and interim provisions

Section 28. Unless a more severe penalty is justifiable under the Health and Safety at Work Act or any other legislation, a fine or mitigated imprisonment will be the penalty for the person who:

1. fails to comply with Sections 3-24,
2. fails to comply with injunctions and prohibitions according to the Order, or
3. disregards the conditions for permits and acknowledgements according to the Order.

Subsection 2. Employers may be held liable for fines in the event of Sections 3-7, Sections 12-14, Sections 16-24 and Section 28, subsection 1, Nos. 2 and 3 being infringed, even if the infringement cannot be attributed to them as deliberate or negligent. No alternative penalty is defined for penalties levied.

Subsection 3. In the event of a breach committed by a public limited company, a general partnership, a private limited company or similar the company shall be held liable for the payment of such a fine. If the breach is committed by the state, a municipality or municipal body subject to Section 60 of the Act on Municipal Management, they shall be liable for payment of fines.

Section 29. The Order shall enter into force on 31 December 1992, however, cf. subsection 2.

Subsection 2. The Order also applies to hoists and winches taken into use before the Order becomes effective. However, for these tools, the following shall apply:

1. Subsection 1. The requirements for minimum measurements for operator's cabins in tower cranes, cf. Section 6, subsection 2, No. 1, shall apply from 31 December 1994.
2. Subsection 2. The requirements for minimum measurements for operator's cabins in other fixed and rail-mounted cranes, cf. Section 6, subsection 2, No. 2 shall apply from 31 December 1997.
3. Subsection 3. The requirements for passenger lifts, cf. Section 7, shall apply from 31 December 1994.
4. Subsection 4. Outdoor hoists that are more than 10 years old at the time when the Order enters into force must, according to Section 23, undergo a 10 year overhaul no later than 31 December 1994.

Section 30. When the Order enters into force, the following regulations of Order No. 611 of 18 December 1985 on regulations according to the former labourer protection law, which remains in force, after the Health and Safety at Work Act enters into force, with slight alterations (the maintained Order):
 
Pursuant to Section 3, A, No. 2:

Order No. 181 of 18 May 1965 on the regulation for loading and unloading ships, Sections 12-21 on hoisting gear and unloading gear.

Pursuant to Section 3, B, No. 2:

Order No. 401 of 27 June 1945 on the design and use of mechanically driven cranes as amended. 

The Danish Working Environment Authority,  14. December 1992 

Erik Andersen / Kaj Pedersen