Text consolidated by Valsts valodas centrs (State Language Centre) with amending regulations of: 2 February 2010. If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Republic of Latvia Cabinet Regulation No. 195 25 March 2008

Regulations Regarding the Safety of Machinery

Issued pursuant to
Section 7 of the Law On Conformity Assessment

1. General Provisions

1. Terms used in this Regulation:

1.1. lifting accessory - a component or equipment not directly attached to the lifting machinery, intended for holding the load and is placed between the machinery and the load or directly above the load or which constitutes an integral part of the load and is placed on the market as a separate device;

1.2. partly completed machinery - an assembly of machinery which cannot perform a specific application as a separate device (for example, a drive system) and which is intended to be incorporated into other machinery or partly completed machinery or equipment, thereby forming machinery to which the requirements of this Regulation apply;

1.3. safety component - a component to be placed on the market, a separate device which serves to fulfil a safety function and the failure or malfunction of which endangers the safety of persons. If the relevant safety components are missing or replaced with another component, the relevant machinery shall not cease to function;

1.4. chains, ropes and webbing - parts which are designed and constructed for lifting purposes as part of lifting machinery or lifting accessories;

1.5. placing on the market - within the meaning of this Regulation, making available for the first time in the European Community machinery or partly completed machinery with a view to distribution or use, whether for reward or free of charge;

1.6. putting into service - the first use of machinery conforming to the requirements of this Regulation, for its intended purpose, in the European Community;

1.7. removable mechanical transmission device - a removable component for transmitting power between self-propelled machinery or a tractor and another machine. The component referred to is situated behind the first fixed bearing and if it is placed on the market together with the guard, it shall be regarded as one product;

1.8. authorised representative - within the meaning of this Regulation, any natural or legal person established in the European Community who has received a written mandate from the manufacturer to perform on his behalf all or part of the obligations and formalities in conformity with the requirements specified in this Regulation;

1.9. manufacturer - within the meaning of this Regulation, any natural person or legal person who designs or manufactures machinery or partly completed machinery in conformity with the requirements of this Regulation, undertaking responsibility for the conformity thereof, placing it on the market under his own name or trademark or commencing the use thereof for his own use. In the absence of the manufacturer referred to, any natural or legal person who places on the market or puts into service machinery or partly completed machinery shall be considered a manufacturer; and

1.10. interchangeable equipment - a device which is not a tool and after the putting into service of machinery or of a tractor may be assembled by the operator himself in order to change its function or attribute a new function.

2. This Regulation prescribes the essential safety and harmlessness requirements for machinery, interchangeable equipment, safety components, lifting accessories, chains, ropes and webbing, removable mechanical transmission devices and partly completed machinery, as well as the supervisory mechanism for conformity with these requirements.

3. Machinery is any device or mechanism which conforms to one of the following definitions:

3.1. an assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components (at least one of which moves), and which are joined together with a specific application;

3.2. the assembly referred to in Sub-paragraph 3.1 of this Regulation, missing the components necessary to connect it on site or to sources of energy and motion;

3.3. an assembly referred to in Sub-paragraphs 3.1 and 3.2 of this Regulation ready to be installed and able to function as it stands only if mounted on a means of transport, or installed in a building or a structure;

3.4. an assembly comprising the machinery or partly completed machinery referred to in Sub-paragraphs 3.1, 3.2 and 3.3 of this Regulation which, in order to achieve the relevant purpose, are arranged and controlled so that they function as an integral mechanism; or

3.5. an assembly of linked parts or components, at least one of which moves and whose only power source is directly applied human effort and which is intended for lifting loads or humans.

4. This Regulation shall not apply to:

4.1. safety components supplied by the manufacturer of the machinery as spare parts to replace identical components for the manufacter's own machinery;

4.2. specific equipment for use in fairgrounds or amusement parks;

4.3. machinery specially designed or used for nuclear equipment which, in the event of failure, may result in an emission of radioactivity;

4.4. weapons (including firearms);

4.5. the following means of transport:

4.5.1. agricultural and forestry tractors, the conformity assessment of which has been specified in the regulatory enactments regarding the conformity assessment of tractors, trailers and the components thereof to be used in agriculture or forestry (with the exclusion of machinery mounted on these vehicles);

4.5.2. vehicles, motor vehicles and their trailers, the conformity assessment of which has been determined in the regulatory enactments regarding the conformity assessment of wheeled vehicles and the components thereof (with the exclusion of machinery mounted on these vehicles);

4.5.3. vehicles exclusively intended for participation in competitions;

4.5.4. vehicles intended for movement by rail tracks, waterways or air routes (with the exclusion of machinery mounted on these vehicles);

4.6. seagoing vessels and mobile offshore units and machinery installed on board such vessels or units;

4.7. machinery specially designed and constructed for police and military purposes;

4.8. machinery specially designed and constructed for research purposes for temporary use in laboratories;

4.9. winding gear for mining or ore extracting lifts;

4.10. machinery used to move performers during artistic performances;

4.11. electrical and electronic products to which the requirements of the regulatory enactments regarding the electrical safety of equipment apply:

4.11.1. household appliances (intended for domestic use);

4.11.2. audio and video equipment;

4.11.3. information technology equipment;

4.11.4. office machinery;

4.11.5. low-voltage switchgear and control gear;

4.11.6. electric motors;

4.12. the following high-voltage electrical equipment:

4.12.1. switch gear and control gear; and

4.12.2. transformers.

5. The requirements specified in this Regulation shall apply to any device or gear referred to in Paragraph 3 of this Regulation.

6. The Ministry of Economics in co-operation with the relevant technical committee for standardisation shall recommend a list of adaptable and publishable standards of the European Union to the Standardisation Office of the limited liability company "Centre of Standardisation, Accreditation and Metrology".

[2 February 2010]

7. The Standardisation Office of the limited liability company "Centre of Standardisation, Accreditation and Metrology" shall submit for publication in the newspaper Latvijas Vēstnesis [the Official Gazette of the Government of Latvia] a list of such harmonised standards adapted in the status of national standards of Latvia, which shall be applicable to the fulfilment of the essential safety and harmlessness requirements of this Regulation (hereinafter - applicable standards).

[2 February 2010]

8. The conformity assessment of equipment referred to in Paragraph 2 of this Regulation shall be performed by:

8.1. institutions accredited by the Latvian National Accreditation Bureau (hereinafter - Accreditation Bureau) of the limited liability company "Centre of Standardisation, Accreditation and Metrology", regarding the accreditation of which the Ministry of Economics has published a notification in the newspaper Latvijas Vēstnesis (hereinafter - notified bodies) and which have been accredited in conformity with the following standards:

8.1.1. LVS EN 45011:2004 "General requirements for bodies operating product certification systems" or LVS EN ISO/IEC 17020:2005 "General criteria for the operation of various types of bodies performing inspection" in order to perform EC type inspections;

8.1.2. LVS EN ISO/IEC 17021:2007 "Conformity assessment. Requirements for bodies providing audit and certification of management systems", in order to perform the assessment of the system for ensuring general quality;

8.2. the notified bodies of other European Union Member States or European Economic Area States.

[2 February 2010]

9. A notified body shall conform to the following requirements:

9.1. the head and personnel thereof responsible for conformity assessment and certification procedures are not the designer, manufacturer, supplier or installer of the machinery to be tested and do not represent an organisation which performs any of the activities referred to. This prohibition does not preclude the possibility of exchanging technical information between the manufacturer and the notified body;

9.2. the head and personnel thereof responsible for conformity assessment and certification procedures do not participate in the design, manufacture, trade or maintenance of the machinery, as well as do not represent an organisation which performs any of the activities referred to. This prohibition does not preclude the possibility of exchanging technical information between the manufacturer of the machinery and the notified body;

9.3. the personnel thereof shall perform the assessment and certification professionally, fairly and with technical competence. The relevant personnel shall be free from any kind of influence (particularly financial), which may affect the decision-making or the results of examinations (particularly in relation to persons or organisations interested in the results of assessment);

9.4. it shall have an adequate personnel and technical facilities at the disposal thereof for the performance of technical and administrative tasks related to examination and supervisory procedures;

9.5. the personnel thereof responsible for carrying out examinations shall:

9.5.1. be well trained technically and professionally;

9.5.2. have good knowledge of the examination procedures and have experience in the performance thereof;

9.5.3. be able to draw up technical records, reports and certificates necessary for approval of the authenticity of the tests performed;

9.6. guarantee the impartiality of the personnel. Remuneration of the personnel shall not depend on the quantity and results of examinations or tests;

9.7. it shall ensure the civil liability insurance thereof in relation to activities that it is authorised to perform;

9.8. the personnel thereof shall observe confidentiality regarding information acquired thereby when performing examinations, except information provided to State supervision and control institutions which, in accordance with the regulatory enactments regarding the safety of machinery, perform the supervision and control of machinery; and

9.9. it may directly or with the intermediation of representatives participate in co-ordination and standardisation activities of the European Union notified bodies in relation to the implementation of this Regulation.

10. The Ministry of Economics shall inform the European Commission and other European Union Member States of the notified bodies, which have been granted the right to evaluate the conformity of machinery with the requirements of this Regulation. The specific conformity assessment procedures and types of machinery, for the conformity assessment of which these institutions are authorised, as well as the identification numbers of these institutions assigned thereto by the European Commission (hereinafter - identification number of the institution) shall be referred to in the information. The Ministry of Economics shall also publish information regarding the notified bodies in the newspaper Latvijas Vēstnesis.

11. The Ministry of Economics shall revoke the right of a notified body to assess the conformity of machinery in conformity with the requirements of this Regulation, and shall inform the European Commission and other European Union Member States accordingly without delay, if:

11.1. the Ministry of Economics receives a notification from the Accreditation Bureau that the notified body does not comply with the requirements referred to in Paragraph 9 of this Regulation; or

11.2. the notified body suspends commercial activities in accordance with the regulatory enactments regulating the performance of commercial activities.

2. Market Surveillance

12. Market surveillance of machinery shall be performed by the Consumer Rights Protection Centre, which monitors and controls that machinery is placed on the market or put into service if it complies with the requirements of this Regulation, does not endanger the health of humans or domestic animals, the safety of property, is installed, maintained and used for its intended purpose or in conditions which may justifiably be expected.

[2 February 2010]

13. Market surveillance of partly completed machinery shall be performed by the Consumer Rights Protection Centre (in the field of trade and the provision of services). The institution referred to shall supervise and control that the partly completed machinery is placed on the market when they comply with the requirements of this Regulation.

14. Prior to the placing on the market or putting into service of the machinery the manufacturer or the authorised representative thereof shall:

14.1. ensure that it complies with the essential harmlessness and safety requirements referred to in Paragraph 9 of this Regulation;

14.2. ensure that the technical documentation referred to in Sub-paragraph 5.1 of this Regulation is available;

14.3. append all the information specified in this Regulation;

14.4. ensure the implementation of the relevant conformity assessment procedure in accordance with Section 3 of this Regulation;

14.5. prepare an EC declaration of conformity in accordance with Paragraph 24 of this Regulation and ensure that it is affixed to the machinery; and

14.6. affix the CE marking to the machinery in accordance with Section 8 of this Regulation.

15. The manufacturer or the authorised representative thereof shall affix the assembly instructions and a declaration of incorporation to the partly completed machinery while the partly completed machinery has not been incorporated into the machinery. Prior to the placing on the market or putting into service of the machinery the manufacturer or the authorised representative thereof shall:

15.1. ensure that the technical documentation has been prepared in accordance with Sub-section 5.2 of this Regulation;

15.2. ensure that the assembly instructions have been prepared in accordance with Sub-section 5.3 of this Regulation and ensure that it is affixed to the partly completed machinery; and

15.3. prepare a declaration of incorporation in accordance with Paragraph 26 of this Regulation and ensure that it is affixed to the partly completed machinery.

16. Machinery and partly completely machinery which does not comply with the requirements of this Regulation may be exhibited at trade fairs and exhibitions, if a clearly legible sign regarding the non-conformity with the requirements of this Regulation has been placed thereon and that it will not be traded until the day when the conformity of the machinery or the partly completely machinery with the requirements of this Regulation is ensured. During the events referred to, demonstrations of the machinery and partly completed machinery shall be permitted if safety measures for the protection of persons are observed.

17. If the market surveillance authorities determine that an EC declaration of conformity has been affixed to machinery, which has been labelled with the CE marking and is used in conformity with the intended purpose or in conditions which may justifiably be expected, however, may threaten the health and safety of person and domestic animals or the safety of property, the market surveillance authorities have the right to perform appropriate measures in order to remove such machinery from the market and prohibit the commencement of the use thereof or to restrict the free circulation thereof.

18. The market surveillance authority shall notify the Ministry of Economics regarding:

18.1. any of the cases referred to in Paragraph 17 of this Regulation - it shall be indicated whether the reason for the relevant decision is:

18.1.1. the non-conformity with the essential harmlessness and safety requirements referred to in Section 9 of this Regulation;

18.1.2. incorrect application of the applicable standards; or

18.1.3. shortcomings in the applicable standards;

18.2. a suspended or annulled EC type examination certificate or a quality system approval, or a restriction of the EC type examination certificate activities, if the requirements specified in this Regulation have not been observed.

19. The Ministry of Economics shall notify the European Commission and other European Union Member States regarding the cases referred to in Paragraph 18 of this Regulation and the measures performed.

3. Conformity Assessment of Machinery

20. In order to certify the conformity of machinery with the requirements specified in this Regulation, the manufacturer or the authorised representative thereof shall apply one of the procedures referred to in Paragraph 21, 22 or 23 of this Regulation, which are intended for the certification of conformity.

21. If the machinery has not been included on the list referred to in Annex 1 to this Regulation, the manufacturer or the authorised representative thereof shall:

21.1. prepare technical documentation for each specific type of machinery in accordance with Sub-section 5.1 of this Regulation; and

21.2. during the manufacturing process, ensure the conformity of all machinery manufactured with the technical documentation referred to in Sub-section 5.1 of this Regulation and the requirements of this Regulation.

22. If the machinery is included in the list referred to in Annex 1 to this Regulation and is manufactured in accordance with the requirements of the applicable standards, and these standards incorporate all the essential safety and harmlessness requirements which relate to the specific machinery, the manufacturer or the authorised representative thereof shall apply one of the following procedures (on a selective basis):

22.1. the procedure referred to in Paragraph 21 of this Regulation;

22.2. the EC type examination referred to in Section 6 of this Regulation, also observing the requirements referred to in Sub-paragraph 21.2 of this Regulation; or

22.3. the general quality assurance procedure referred to in Section 7 of this Regulation.

23. If the machinery is included in the list referred to in Annex 1 to this Regulation and is not manufactured in accordance with the requirements of the applicable standards, or the requirements of the applicable standards are observed partly during the manufacture thereof or these standards do not incorporate all essential safety and harmlessness requirements which relate to the specific machinery, the manufacturer or the authorised representative thereof shall apply one of the following procedures (on a selective basis):

23.1. the EC type examination referred to in Section 6 of this Regulation, also observing the requirements referred to in Sub-paragraph 21.2 of this Regulation; or

23.2. the general quality assurance procedure referred to in Section 7 of this Regulation.

4. EC Declaration Of Conformity

24. The EC declaration of conformity of the machinery shall be drawn up in the relevant official language or in several official languages of the European Union. If machinery is brought in for placing on the market or for use in Latvia, the manufacturer or the authorised representative thereof shall ensure a translation of the EC declaration of conformity into the Latvian language. The EC declaration of conformity shall be typewritten or handwritten (in printed letters) and incorporate the following information:

24.1. the name and legal address of the manufacturer or the authorised representative thereof;

24.2. the given name, surname and legal address of the person authorised to prepare technical documentation, registered in Latvia or in a European Union Member State;

24.3. a description and identification of the machinery: the name, model, type, serial number and designation;

24.4. confirmation expressly declaring that the machinery complies with the requirements of Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95/16/EC (recast), and reference to other Directives referred to in the Official Journal of the European Union, to which the relevant machinery complies;

24.5. the name and legal address of the notified body and the identification number of the body which carried out the EC type examination, as well as the EC type certificate number (if an EC type examination was carried out in accordance with Section 6 of this Regulation);

24.6. the name and legal address and the identification number of the notified body which approved the general quality assurance system (if the quality assurance system has been approved in accordance with Section 7 of this Regulation);

24.7. reference to the applicable standards (if such standards have been used);

24.8. reference to the other standards and specifications used (if other standards and specifications have been used);

24.9. the place and date of preparation of the EC declaration of conformity; and

24.10. the signature and full name of the relevant person entitled to sign the EC declaration of conformity on behalf of the manufacturer or the authorised representative thereof.

25. The EC declaration of conformity specified in Paragraph 24 of this Regulation shall only apply to machinery in the condition in which they were placed on the market and shall not apply to parts which are added later, or to operations performed by the end manufacturer.

26. The EC declaration of incorporation of partly completed machinery shall be typewritten or handwritten (in printed letters) and incorporate the following information:

26.1. the name and legal address of the manufacturer of the partly completed machinery or the authorised representative thereof;

26.2. the given name, surname and legal address of the person authorised to prepare technical documentation, registered in Latvia or in a European Union Member State;

26.3. a description and identification of the partly completed machinery: the name, model, type, serial number and designation;

26.4. information regarding which essential safety and harmlessness requirements have been applied and fulfilled in the manufacture of the partly completed machinery, confirmation that the relevant technical documentation has been prepared and, if necessary, reference to the Directives referred to in the Official Journal of the European Union, to which the partly completed machinery complies;

26.5. assurance that upon a justified request of market surveillance authorities the relevant information shall be submitted regarding the partly completed machinery. The provision of the referred to information shall not affect the intellectual property rights of the manufacturer of the partly completed machinery;

26.6. a statement that the partly completed machinery shall not be put into service until an EC declaration of conformity is received for the machinery into which the partly completed machinery is to be incorporated in accordance with the requirements specified in this Regulation;

26.7. the place and date of preparation of the declaration of incorporation; and

26.8. the signature and full name of the relevant person entitled to sign the declaration on behalf of the manufacturer or the authorised representative thereof.

27. The manufacturer of the machinery or the authorised representative thereof shall keep the EC declaration of conformity (the original) for at least ten years from the last date of manufacture of the machinery. The manufacturer of the partly completed machinery or the authorised representative thereof shall keep the declaration of incorporation for at least ten years from the last date of manufacture of the partly completed machinery.

5. Technical File

5.1. Technical File of Machinery

28. Information regarding the design, manufacture and operation of the machinery shall be compiled in the technical file of machinery, and it shall certify that the machinery complies with the requirements of this Regulation. Detailed drawings and other specific information regarding the sub-assemblies used during manufacture shall be incorporated in the technical file if information regarding such assemblies is important for the verification of conformity with the essential safety and harmlessness requirements in respect of health protection and safety.

29. The technical file of machinery shall be prepared by the manufacturer or the authorised representative thereof in one or several official languages of the European Union (except instructions which shall be prepared in accordance with Sub-paragraphs 191.1, 191.2, 191.3 and 191.4 of this Regulation).

30. The following shall be included in the technical file of machinery:

30.1. a general description of the machinery;

30.2. the overall drawings of the machinery (with control circuits), as well as the relevant descriptions and explanations in order to understand the operation of the machinery;

30.3. full detailed drawings together with calculation data, test results and certificates required in order to check the conformity of the machinery with the essential safety and harmlessness requirements;

30.4. the documentation on the risk assessment performed, in which the following information shall be summarised:

30.4.1. the essential safety and harmlessness requirements, which apply to the specific machinery;

30.4.2. the protective measures implemented to eliminate hazards or to reduce risks and, where appropriate, the indication of the residual risks;

30.5. a list of the applicable standards used during manufacture and other technical specifications (the essential safety and harmlessness requirements in the relevant standards shall be indicated);

30.6. technical reports in which the technical measurements of the manufacturer or the invited laboratory of the manufacturer or the authorised representative shall be incorporated;

30.7. the instructions (copies) referred to in Paragraph 191 of this Regulation;

30.8. taking into account the construction and kit of the machinery:

30.8.1. declarations of incorporation of partly completed machinery and the assembly instructions thereof in accordance with Sub-section 5.3 of this Regulation;

30.8.2. the EC declarations of conformity (copies) of the machinery or products to be incorporated into other machinery; and

30.8.3. the EC declaration of conformity (copy) of the machinery.

31. If machinery is prepared in series, a description of the measures taken by the manufacturer in order to ensure the conformity of the machinery with the requirements of this Regulation shall be included in the technical file of the machinery. The manufacturer shall conduct the necessary research of the components, equipment and completed machinery in order to determine whether by its design or construction it is possible to assemble the machinery and use it safely.

32. The technical file of machinery shall be kept and shall be available to market surveillance authorities for at least 10 years after the last date of manufacture of the unit. The person referred to in Sub-paragraph 24.2 of this Regulation shall ensure the submission of the technical file of the machinery to the market surveillance authority within the time period which is commensurate with the complexity of the declaration of incorporation.

33. The provision of false information in the technical file or the non-submission thereof to a market surveillance authority within the time period specified in Paragraph 32 of this Regulation shall be reason to doubt the conformity of the machinery with the requirements of this Regulation.

5.2. Technical File of Partly Completed Machinery

34. Information regarding the essential safety and harmlessness requirements which have been observed shall be included in the technical file of partly completed machinery, as well as information shall be compiled regarding the construction, manufacture and operation of the partly completed machinery. Detailed drawings and other specific information regarding the sub-assemblies used during manufacture shall be incorporated in the technical file of machinery if information regarding such assemblies is important for the verification of conformity with the essential safety and harmlessness requirements in respect of health protection and safety.

35. The technical file of partly completed machinery shall be prepared by the manufacturer or the authorised representative thereof in one or several European Union official languages.

36. The technical file of partly completed machinery shall include:

36.1. the overall drawing (with control circuits) of the partly completed machinery;

36.2. a set of full detailed drawings together with calculation data, test results and certificates required in order to check the conformity of the partly completed machinery with the essential safety and harmlessness requirements;

36.3. the documentation on the risk assessment performed, in which the following information shall be summarised:

36.3.1. the essential safety and harmlessness requirements, which apply to the specific partly completed machinery;

36.3.2. the protective measures implemented to eliminate hazards or to reduce risks and, where appropriate, the indication of the residual risks;

36.3.3. a list of the applicable standards used during manufacture and other technical specifications (the essential safety and harmlessness requirements in the relevant standards shall be indicated);

36.3.4. technical reports in which the technical measurements of the manufacturer or the invited laboratory of the manufacturer or the authorised representative shall be incorporated; and

36.3.5. assembly instructions (copy).

37. If machinery is prepared in series, a description of the measures taken by the manufacturer in order to ensure the conformity of the partly completed machinery with the requirements of this Regulation shall be included in the technical file. The manufacturer shall conduct the necessary research of the components, equipment and completed machinery in order to determine whether by its design or construction it is possible to assemble the partly completed machinery and use it safely.

38. The technical file of partly completed machinery shall be kept and shall be available to market surveillance authorities for at least 10 years after the last date of manufacture of the partly completed machinery or, if the partly completed machinery is manufactured in series, from the last date of manufacture of the unit. The person referred to in Sub-paragraph 26.2 of this Regulation shall ensure the submission of the technical file of partly completed machinery to the market surveillance authority within the time period which is commensurate with the complexity of the declaration of incorporation of partly completed machinery.

39. The provision of false information in the technical documentation or the non-submission thereof to a market surveillance authority within the time period referred to in Paragraph 38 of this Regulation shall be reason to doubt the conformity of the partly completed machinery with the requirements of this Regulation.

5.3. Assembly Instructions for Partly Completed Machinery

40. The assembly instructions for partly completed machinery shall contain the conditions to be met in order to incorporate it correctly in the final machinery without compromising health and safety.

41. The assembly instructions of partly completed machinery shall be drawn up in the relevant European Union official language which conforms to the official language of the manufacturer of the relevant machinery or the authorised representative thereof, which has anticipated incorporating the partly completed machinery into the final machinery.

6. EC Type Examination

42. The EC type examination is a part of the procedure whereby the notified body ascertains and certifies that the representative model of machinery complies with the requirements of this Regulation.

43. The manufacturer or the authorised representative thereof shall submit an application for an EC type examination to one of the notified bodies. The following shall be included in the application:

43.1. information regarding the name and legal address of the manufacturer or the authorised representative thereof;

43.2. a declaration that such application has not been submitted to another notified body; and

43.3. the technical file referred to in Sub-section 5.1 of this Regulation.

44. The manufacturer or the authorised representative thereof shall place at the disposal of the notified body a sample of the machinery. The notified body may request several samples (if so required by the test programme).

45. The notified body shall:

45.1. examine the technical file of the machinery and check whether the sample has been manufactured in accordance with it, and establish which elements have been designed in accordance with the applicable standards and which elements have not been designed in accordance with the applicable standards;

45.2. carry out or have carried out inspections, measurements and tests to ascertain whether the solutions adopted satisfy the essential safety and harmlessness requirements of this Regulation, where the applicable standards have not been used;

45.3. where the applicable standards have been used, carry out or have carried out appropriate inspections, measurements and tests to verify that those standards have actually been used; and

45.4. agree with the applicant as to the place where the check, necessary inspections, measurements and tests to determine whether the sample has been manufactured in accordance with the technical file submitted, are to be carried out.

46. If the sample conforms to the requirements of this Regulation, the notified body shall inform and issue to the manufacturer or the authorised representative thereof an EC type examination certificate. The certificate shall include information regarding the conclusions and relevant opinions made during the inspection and instructions for use, as well as the necessary descriptions and drawings to verify for which sample the certificate has been issued.

47. The manufacturer and the notified body shall retain the EC type examination certificate (copy) referred to in Paragraph 46 of this Regulation, the technical file and all documents related to the inspection of the sample for a period of 15 years from the date of issue of the certificate.

48. If the sample does not comply with the requirements of this Regulation, the notified body shall refuse to issue an EC type examination certificate to the applicant, giving detailed reasons for the refusal. The notified body shall inform the applicant, the other notified bodies and the Ministry of Economics of the decision referred to.

49. The manufacturer or the authorised representative thereof shall inform the notified body of all modifications it has made or is planning to make to the machinery to which the checked sample conforms. The notified body shall examine all the modifications made and inform the manufacturer or the authorised representative thereof regarding the conformity of the sample with the requirements of this Regulation. The notified body, if necessary, shall issue a new EC type examination certificate.

50. The manufacturer of the machinery shall ensure that the specific machinery meets the corresponding state of the art.

51. The notified body which has issued an EC type examination certificate has the responsibility to issue the EC type examination certificate (copy) upon the initial request of market surveillance authorities and other notified bodies, as well as the technical file, descriptions of inspections and test results (copies) to the market surveillance authority upon a justified request thereof.

52. The official documents in respect of the inspection procedures of the sample shall be drawn up in the official language or in any other European Union official language acceptable to the notified body.

53. The notified body shall be responsible for the validity of the EC type examination certificate issued. It shall inform the manufacturer of any circumstances which may affect the validity of the certificate. The notified body shall withdraw those certificates which are no longer valid.

54. The manufacturer shall request from the notified body the review of the conformity of the machinery with the requirements specified in this Regulation every five years. If the notified body determines the conformity of the machinery, it shall extend the period of validity of the EC type examination certificate for the next five years.

55. If the period of validity of the EC type examination certificate is not extended, the manufacturer shall cease the placing on the market of the machinery concerned.

7. General Quality Assurance

56. The general quality assurance system (hereinafter - quality system) shall ensure the conformity of each manufactured machinery with the requirements of this Regulation. All the requirements and specifications of the manufacturer regarding the design, manufacture, final inspection and tests shall be documented in a systematic and orderly manner in the form of procedures and written instructions. The documentation regarding the quality system shall provide a uniform approach to the manufacturing processes. The following information shall be included in the relevant documentation:

56.1. the quality objectives, the organisational structure and the responsibilities and powers of the management with regard to the design and quality of the machinery;

56.2. the technical design specifications and the list of applicable standards which will be used in the designing of the machinery, as well as measures to achieve the conformity of the machinery with the essential safety and harmlessness requirements of this Regulation, if the applicable standards are not used in all elements of the machinery;

56.3. the techniques to be used for design verification and assessment;

56.4. the quality management and assurance techniques to be used during the manufacturing process;

56.5. the techniques to be used for final inspection and testing before, during and after manufacture, and the frequency of the inspections and testing referred to;

56.6. quality records; and

56.7. the means of monitoring introduced in order to ensure the required design and quality of the machinery, as well as the effective operation of the quality system.

57. The manufacturer shall provide a quality system for the design, manufacture, final inspection and testing of the machinery, which complies with the requirements referred to in Paragraph 56 of this Regulation.

58. The elements of the quality system which have been introduced and ensured in accordance with the applicable standards, shall comply with the requirements referred to in Paragraph 56 of this Regulation.

59. The manufacturer or the authorised representative thereof shall submit an application to the notified body for an assessment of the quality system. The following shall be included in the application:

59.1. information regarding the name and legal address of the manufacturer or the authorised representative thereof;

59.2. information regarding the place of the design, manufacture, final inspection, testing and storage of the machinery;

59.3. the technical file of the machinery for each model of machinery it manufactures or is intending to manufacture in conformity with the quality system;

59.4. the documentation concerning the quality system; and

59.5. assurance that such application has not been submitted to other notified bodies.

60. The notified body shall organise an assessment group which shall carry out the assessment of the quality system at the premises of the manufacturer and the assessment group referred to shall check:

60.1. whether the elements of the quality system comply with the requirements referred to in Paragraph 56 of this Regulation;

60.2. the documentation referred to in Sub-paragraph 59.3 of this Regulation in order to verify the conformity thereof with the requirements of this Regulation; and

60.3. whether the quality system ensures the conformity of the machinery manufactured within the scope thereof with the essential safety and harmlessness requirements of this Regulation.

61. At least one specialist with experience in the design, manufacturing technology and assessment of the relevant machinery shall be included in the assessment group referred to in Paragraph 60 of this Regulation.

62. The notified body shall provide the assessment regarding the conformity of the quality system with the requirements referred to in Paragraph 60 of this Regulation in writing, to the manufacturer or the authorised representative thereof. The conclusions of the assessment and instructions for the procedures of contesting and appealing shall be included in the document referred to.

63. The manufacturer shall fulfil to undertake the obligations anticipated by the approved quality system, and to ensure conformity with the requirements of this Regulation, and also shall undertake to inform the notified body of any planned changes to the approved quality system.

64. If the manufacturer has carried out the planned changes to the approved quality system, the notified body shall evaluate these and decide whether the modified quality system complies with the requirements referred to in Paragraph 60 of this Regulation or whether a reassessment is required. The notified body shall provide the assessment to the manufacturer or the authorised representative thereof in writing. The conclusions of the assessment shall be included in the document referred to.

65. After approval of the quality system, the notified body shall perform regular surveillance visits at the manufacturing unit of the machinery in order to verify that the manufacturer observes the liabilities referred to in Paragraph 63 of this Regulation. Within three years the entire quality system shall be assessed during regular visits.

66. The manufacturer shall allow the notified body access to the places of design, manufacture, final inspection, testing and storage of the machinery and access to the following information:

66.1. the documentation concerning the quality system;

66.2. the quality records regarding the designing of the machinery; and

66.3. the quality records regarding the manufacture of the machinery.

67. In addition to the surveillance visits referred to in Paragraph 65 of this Regulation, the notified body is entitled to make previously unannounced visits to the manufacturing unit. The need for these visits and their frequency shall be determined by the notified body, based on:

67.1. the results of previous surveillance visits;

67.2. the need to assess remedial measures;

67.3. special conditions if there were any during the approval of the system; and

67.4. significant modifications in the organisation of the manufacturing process, measures or techniques.

68. During the unannounced visits referred to in Paragraph 67 of this Regulation, the notified body may carry out or have carried out tests in order to verify the conformity of the quality system with the requirements referred to in Paragraph 56 of this Regulation.

69. The notified body shall prepare an assessment report regarding the surveillance visits and unannounced visits, which it shall submit to the manufacturer or the authorised representative thereof. Conclusions regarding the assessment and test results (if any were carried out) shall be included in the report.

70. The manufacturer or the authorised representative thereof shall ensure the storage of the documentation referred to in Paragraph 59 of this Regulation and the decision and report of the notified body for 10 years after the last date of manufacture and shall present the documentation concerned upon the request of a market surveillance authority.

8. CE Marking

71. The CE marking shall consist of the capital letters "CE" (Annex 2).

72. The CE marking shall be placed in a visible place and be clearly legible and indelible.

73. The affixing on machinery of markings, signs and inscriptions which are likely to mislead third parties as to the meaning or form of the CE marking shall be prohibited. Other signs and symbols may be affixed to machinery provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

74. The following shall be considered to be inappropriately marked machinery:

74.1. if the CE marking is affixed in accordance with the requirements of this Regulation on products which do not comply with the essential safety and harmlessness requirements specified in this Regulation;

74.2. machinery without a CE marking or without an EC declaration of conformity; and

74.3. the marking of machinery which is similar to the CE marking in meaning and shape.

75. If the market surveillance authority ascertains that the CE marking does not comply with the requirements of this Regulation, the manufacturer or the authorised representative thereof shall be obliged to rectify this infringement.

76. If the non-conformity referred to in Paragraph 75 of this Regulation is not rectified, the market surveillance authority shall take all the necessary measures to restrict or prohibit the placing on the market of the machinery in question or to withdraw it from the market.

77. Where other regulatory enactments are applicable to the machinery, the conformity of the machinery shall be certified in accordance with the requirements specified in the relevant regulatory enactments and, by labelling the machinery with the CE marking, it shall be certified that all the requirements of the relevant regulatory enactments have been observed.

9. Essential Safety and Harmlessness Requirements for Machinery

9.1. General Requirements

78. The essential safety and harmlessness requirements for machinery specified in this Section are mandatory. However, if the existing level of technology in the manufacture of the machinery in question does not enable the achievement of all the aims set out by these requirements, the manufacturer or the authorised representative thereof shall design and manufacture machinery so that the previously set out aims are achieved as closely as possible.

79. Machinery shall be designed and constructed so that it is fitted for its intended function and can be operated, adjusted and maintained without putting persons at risk when these operations are carried out under the conditions foreseen, taking into account any reasonably foreseeable misuse thereof. Such measures shall be taken in order to eliminate any risk throughout the foreseeable lifetime of the machinery, including the phases of transport, assembly, dismantling, disabling and scrapping.

80. In selecting the most appropriate methods, the manufacturer or the authorised representative thereof shall apply the following principles:

80.1. eliminate or reduce risks as far as possible, developing safe machinery construction;

80.2. take protective measures in relation to risks that cannot be eliminated; and

80.3. inform users of the residual risks, for the need of any particular training and about personal protective equipment.

81. When designing and constructing machinery and preparing the instructions, the manufacturer or the authorised representative thereof shall envisage not only the intended use of the machinery but any reasonably foreseeable misuse thereof.

82. Machinery shall be designed and constructed in such a way as to prevent abnormal use, if such use would engender a risk. Where appropriate, the instructions shall inform of the ways in which the machinery should not be used.

83. Machinery shall be designed and constructed to take account of the constraints to which the person installing, operating, adjusting, maintaining, repairing or moving the machinery (hereinafter - operator) is subject when using the necessary or foreseeable personal protective equipment.

84. Machinery shall be supplied with all the special equipment and accessories essential to enable it to be adjusted, maintained and used safely.

85. The materials used to construct machinery or products used or created during its use shall not endanger persons' safety or health. Where machinery is operated using fluids, it shall be designed and constructed to prevent risks due to filling, use, recovery or draining.

86. Machinery shall be supplied with integral lighting suitable for the operations concerned.

87. Machinery shall be designed and constructed to avoid areas of shadow likely to cause nuisance, irritating dazzle and dangerous stroboscopic effects on moving parts due to the lighting.

88. Internal parts requiring frequent inspection and adjustment, and maintenance areas shall be provided with appropriate lighting.

89. Machinery or each component thereof shall be capable of being handled and transported safely as well as being packaged or constructed so that it can be stored safely and without damage.

90. During the transportation of the machinery or its component parts, there shall be no possibility of sudden movements or of hazards due to instability, except where this is allowed in the instructions for use of the machinery or its component parts.

91. Where the weight, size or shape of machinery or its various component parts prevent them from being moved by hand, the machinery or each component part shall comply with one of the following conditions:

91.1. it is fitted with attachments for lifting gear;

91.2. it is constructed so that it can be fitted with attachments for lifting gear; or

91.3. it is shaped in such a way that the standard lifting gear can easily be attached.

92. Machinery or one of its component parts which is to be operated manually (by hand) shall comply with one of the following conditions:

92.1. it is easily moveable; or

92.2. it is equipped for picking up and moving safely.

93. Special measures shall be taken for the moving of dangerous tools or machinery parts (even if they are light-weight).

94. Under the intended conditions of use, the discomfort, fatigue and physical and psychological stress of the operator shall be reduced to the minimum possible, ensuring the following ergonomic principles:

94.1. enough space for movements of the parts of the operator's body;

94.2. avoiding a monotonous work rate of the machinery;

94.3. avoiding lengthy concentration; and

94.4. adapting the man or machinery interface to the foreseeable physical characteristics of the operators.

95. Operating areas shall be designed and constructed in such a way as to avoid any risk due to exhaust gases or lack of oxygen.

96. If the machinery is intended to be used in a hazardous environment presenting risks to the health and safety of the operator or if the machinery itself gives rise to a hazardous environment, adequate means shall be provided to ensure that the operator has appropriate working conditions which protect against any foreseeable hazards.

97. Where appropriate, the operating area shall be fitted with an adequate cabin designed, constructed or equipped in accordance with the requirements referred to in Paragraphs 95 and 96 of this Regulation. The cabin exit shall allow rapid evacuation. An emergency exit shall be constructed in a direction different from the usual cabin exit (where possible).

98. Where appropriate and where the working conditions so permit, work stations constituting an integral part of the machinery shall be constructed so that seating can be installed therein.

99. If the operator is intended to sit during the operation of the machinery and the operating area is an integral part of the machinery, a seat shall be installed on the machinery.

100. The operator's seat shall enable him to maintain a stable position. The operator may adapt the seat and its distance from the control devices.

101. If the machinery is subject to vibrations, the seat shall be constructed in such a way as to reduce the vibrations transmitted to the operator to the lowest level that is reasonably possible. The seat mountings shall withstand all stresses anticipated during the operation of the machinery. Where there is no floor beneath the feet of the operator, footrests covered with a slip-resistant material shall be provided.

102. Control systems shall be designed and constructed in such a way as to prevent hazardous situations:

102.1. they can withstand the stresses and external influences occurring during the intended use of the machinery;

102.2. the hardware or software do not lead to hazardous situations;

102.3. errors in the control system algorithm do not lead to hazardous situations; and

102.4. human error during the intended use of the machinery does not lead to hazardous situations.

103. During the design and construction of the control system, the following shall be ensured:

103.1. the machinery shall not start unexpectedly;

103.2. the parameters of the machinery shall not change in an uncontrolled way where such change may lead to hazardous situations;

103.3. the machinery shall not be prevented from stopping if the stop command has been given;

103.4. no moving part of the machinery or piece held by the machinery may fall or be ejected;

103.5. automatic or manual stopping of the moving parts shall be unimpeded;

103.6. the protective devices retain their effectiveness or give a stop command; and

103.7. the safety-related parts of the control system shall apply in a coherent way to the whole of an assembly of machinery or partly completed machinery.

104. A cable-less control system shall automatically stop the machinery operating when the correct control signals are not received (including a loss of communication).

105. Control devices shall be:

105.1. clearly visible and identifiable and marked with pictograms (where appropriate);

105.2. positioned in such a way as to be safely operated without hesitation;

105.3. constructed in such a way that it conforms to its allocated effect;

105.4. located outside any zone within the machinery or around the machinery, which may endanger human health and safety (hereinafter - danger zone), except where necessary for certain control devices (such as an emergency stop or a teach pendant);

105.5. positioned in such a way that their operation cannot cause additional risk;

105.6. constructed or protected in such a way that the control thereof is not possible without an external force; and

105.7. made in such a way as to withstand unforeseeable forces, particularly in respect of emergency stop devices of the machinery.

106. Where a control device is designed and constructed to perform several functions, the control functions shall be clearly marked and, where necessary, specially highlighted.

107. The layout, travel and resistance to operation of control devices shall be compatible with the action to be performed, taking account of ergonomic principles.

108. Machinery shall be fitted with indicators required for safe operation which may be read from the machinery control position.

109. The main control position shall be constructed so that the operator can ensure that no-one is in the danger zones, and that the control system cannot be started while someone is in the danger zone.

110. If the requirements referred to in Paragraph 109 of this Regulation cannot be fulfilled, before the machinery starts an acoustic and visual warning signal shall be given.

111. If necessary the machinery shall be equipped with means which ensure that the machinery may only be controlled from control positions located in one or more predetermined zones or locations.

112. Where there is more than one control position, the control system shall be constructed in such a way that the use of control position precludes the use of the others (except for stop controls and emergency stops).

113. When machinery has two or more operating positions, each one shall be provided with all the required control devices without the operators hindering or putting each other into a hazardous position.

114. It shall be possible to start machinery only with the control devices provided for this purpose. This requirement shall also apply to:

114.1. restarting the machinery (whatever the cause of the stoppage); and

114.2. effecting significant changes in the operating conditions.

115. The restarting of the machinery or a change in operating conditions may be effected by voluntary actuation of the device, which is not the control device referred to in Paragraph 114 of this Regulation, on condition that a hazardous situation is not caused.

116. For machinery functioning in automatic mode, the starting of the machinery, restarting after a stoppage or changes to the operating conditions may be possible without intervention, provided that this does not lead to a hazardous situation.

117. Where machinery has several starting control devices due to which the operators can put each other in danger, additional devices shall be fitted to rule out such risks. If safety requires that starting or stopping must be performed in a specific sequence, the machinery shall be equipped with devices which ensure that these operations are performed in the correct order.

118. Each machinery shall be fitted with a control device with which the machinery can be safely stopped.

119. In order to prevent risks caused by machinery, each workstation shall be fitted with a control device to stop some or all of the functions of the machinery depending on the existing hazards.

120. The machinery's stop control shall have priority over the start controls.

121. Once the machinery or its hazardous functions have stopped, the energy supply to the actuators concerned shall be cut off.

122. Where for operational reasons, a stop control that does not cut off the energy supply to the actuators is required, the stop condition shall be monitored and regulated.

123. Each machinery shall be fitted with one or more emergency stop devices to avert actual or impending danger. Machinery in which an emergency stop device would not lessen the risk either because it would not reduce the stopping time or because it would not enable the special measures required to deal with the risks to be taken, and portable hand-held or hand-guided machinery need not be fitted with emergency stop device.

124. The emergency stop device shall be identifiable, clearly visible, quickly accessible and:

124.1. stop the hazardous process as quickly as possible without creating additional risks; and

124.2. where necessary, trigger or permit the triggering of certain safeguard movements.

125. As soon as active operation of the emergency stop device has ceased following a stop command, that command shall be sustained by engagement of the emergency device until that engagement is over-ridden. It shall not be possible to engage the device until the stop command is triggered. It shall be possible to disengage the device only by an appropriate operation and disengaging the device shall not restart the machinery.

126. The emergency stop function shall be available and operational at all times, regardless of the operating mode.

127. Emergency stop devices shall be a back-up to other safeguarding measures but not be a substitute for them.

128. In the case of machinery or parts of machinery being designed to work together, the manufacturer shall design and construct this machinery in such a way that the stop controls, including the emergency stop devices, can stop not only the machinery itself but also all related equipment, if its continued operation may be dangerous.

129. The control or operating mode selected shall override all other control or operating modes with the exception of the emergency stop.

130. If machinery has been designed and constructed to allow its use in several control or operating modes requiring different protective measures or work procedures, it shall be fitted with a mode selector which can be locked in each position. Each position of the selector shall be clearly identifiable and shall correspond to a single operating or control mode.

131. The selector may be replaced by another selection method which restricts the use of certain functions of the machinery to certain categories of operator.

132. If, for certain operations, the machinery operates with a guard displaced or removed or a protective device disabled, the control or operating mode selector shall simultaneously:

132.1. disable all other control or operating modes;

132.2. permit operation of hazardous functions only in reduced risk conditions while preventing hazards from linked sequences;

132.3. permit the operation of hazardous functions only in reduced risk conditions while preventing hazards from linked sequences;

132.4. prevent any operation of hazardous functions by voluntary or involuntary action on the machine's sensors.

133. If the conditions referred to in Sub-paragraphs 132.1, 132.2, 132.3 and 132.4 of this Regulation cannot be fulfilled simultaneously, the control or operating mode selector shall activate other protective measures created to ensure a safe intervention zone.

134. It shall only possible for the operator to control the parts he is working on from the relevant service point of the machinery.

135. The interruption in the power supply, the re-establishment after an interruption or the fluctuation in whatever manner of the power supply shall not lead to dangerous situations. Particular attention shall be given to the following conditions:

135.1. the machinery shall not start unexpectedly;

135.2. the parameters of the machinery shall not change in an uncontrolled way when such change may lead to hazardous situations;

135.3. the machinery shall not be prevented from stopping if the stop command has already been given;

135.4. no moving parts of the machinery or pieces affixed to the machinery may fall or be ejected;

135.5. automatic or manual stopping of the moving parts shall be unimpeded; and

135.6. the protective devices shall remain fully operational throughout the period of operating the machinery.

136. Machinery and its components and fittings shall be stable enough to avoid overturning, falling or uncontrolled movements during transportation, assembly, dismantling and any other action.

137. If the shape of the machinery itself or its intended installation does not offer sufficient stability, appropriate means of anchorage shall be incorporated and indicated in the instructions.

138. All parts of machinery and their linkages shall be able to withstand the stresses to which they are subject when used.

139. The durability of the materials used shall comply with the nature of the working environment foreseen by the manufacturer or his authorised representative, in particular as regards fatigue, corrosion and abrasion.

140. The instructions shall indicate the type and frequency of inspections and maintenance required for safety reasons. Where appropriate, the instructions shall indicate the parts subject to wear and the criteria for the replacement thereof.

141. Where a risk of rupture or disintegration remains despite the measures taken to prevent this, the parts concerned shall be mounted, positioned and guarded in such a way that any fragments will be contained, preventing hazardous situations.

142. Both rigid and flexible pipes carrying fluids (particular those under high pressure), shall be able to withstand the foreseen internal and external stresses and shall be firmly attached and protected to ensure that no risk is posed by a rupture.

143. Where the material to be processed is fed to the tool automatically, the following conditions shall be fulfilled to avoid risks to persons:

143.1. when the workpiece comes into contact with the tool, the later shall have attained its normal working condition; and

143.2. when the tool starts or stops intentionally or accidentally, the feed movement shall be coordinated with the tool movement.

144. Precautionary measures shall be taken in order to prevent risks from falling or ejected objects.

145. Accessible parts of the machinery shall have no sharp edges, no sharp angles and no rough surfaces likely to cause injury.

146. Where the machinery is intended to carry out several different operations with manual removal of the piece between each operation (combined machinery), it shall be designed and constructed in such a way as to enable each element to be used separately without the other elements constituting a risk for exposed persons. For this purpose it shall be possible to start and stop separately any elements of the machinery that are not protected.

147. Where the machinery performs operations under different conditions of use, it shall be designed and constructed in such a way that selection and adjustment of these conditions can be carried out with no risk to safety.

148. The moving parts of machinery shall be designed and constructed in such a way as to prevent risks of contact which could lead to accidents or, where risks persist, be fitted with guards or protective devices.

149. All necessary steps shall be taken to prevent accidental blockage of moving parts involved in the work. In cases where, despite the precautions taken, a blockage is likely to occur, the machinery shall be equipped with specific protective devices and tools to enable to equipment to be safely unblocked.

150. The instructions and where necessary a sign on the machinery shall identify the specific protective devices referred to in Paragraph 149 of this Regulation and how they are to be used and individual protective devices.

151. Guards or protective devices used to protect against risks arising from moving parts shall be selected on the basis of the type of risk:

151.1. guards of moving transmission parts designed to protect persons against the hazards generated by moving transmission parts shall conform to one of the following types:

151.1.1. fixed guards in accordance with the requirements referred to in Sub-paragraph 154.1 of this Regulation;

151.1.2. interlocking movable guards in accordance with the requirements referred to in Sub-paragraph 154.2 of this Regulation (where frequent access to the relevant machinery parts is envisaged);

151.2. guards or protective devices designed to protect persons against the hazards generated by moving parts involved in the process, shall conform to one of the following types:

151.2.1. fixed guards in accordance with the requirements referred to in Sub-paragraph 154.1 of this Regulation;

151.2.2. interlocking movable guards in accordance with the requirements referred to in Sub-paragraph 154.2 of this Regulation;

151.2.3. protective devices in accordance with Paragraph 155 of this Regulation;

151.2.4. a combination of the devices referred to;

151.3. when certain moving parts involved in the operating process cannot be made completely inaccessible during operation owing to operations requiring operator intervention, such parts shall be fitted with:

151.3.1. fixed guards or interlocking movable guards preventing access to those sections of the parts that are not used in the work; or

151.3.2. adjustable guards in conformity with the requirements referred to in Sub-paragraph 154.3 of this Regulation restricting access to those sections of the moving parts where access is necessary.

152. When a part of the machinery has been stopped, any drift away from the stopping position (unless caused by action on the control devices) shall be prevented or shall be such that it does not present a hazard.

153. Parts of machinery used in order to ensure protection by special restrictions (hereinafter - guards) and devices which are not guards but are intended for reducing risk separately or in conjunction with a guard (hereinafter - protective devices), shall be as follows:

153.1. of robust construction;

153.2. securely held in place;

153.3. such that do not give rise to any other hazard;

153.4. valid for use;

153.5. located at an adequate distance from the danger zone;

153.6. such that cause minimum obstruction to the view of the production process; and

153.7. such that enable the installation or replacement of tools or the carrying out of maintenance, by restricting access exclusively to the area where the work has to be done, if possible, without removing the guards or protective devices.

154. Taking into account the construction and intended use, the guards shall be divided as follows:

154.1. fixed guards which are:

154.1.1. fixed by systems that can be opened or removed only with tools;

154.1.2. equipped with a fixing system that ensures that they remain attached to the guards or to the machinery when the guards are removed;

154.1.3. secured with fixtures (where possible);

154.2. interlocking movable guards which are:

154.2.1. such that remain attached to the machinery when opened (where possible);

154.2.2. designed and constructed in such a way that they can adjusted only by means of an intentional action;

154.2.3. additionally equipped with an interlocking device that restricts the start of hazardous machinery functions until the guard is closed and gives a stop command whenever a guard is opened;

154.2.4. in addition to the interlocking device, equipped with a special locking device if the operator can reach the danger zone before the risk due to the hazardous machinery functions has ceased and which:

154.2.4.1. prevents the start of hazardous machinery functions until the guard is closed and locked; and

154.2.4.2. keeps the guard closed and locked until the risk of injury from the hazardous machinery functions has ceased;

154.2.5. designed in such a way that the absence or failure of one of their components prevents starting or stops the hazardous machinery functions;

154.3. adjustable guards restricting access to those areas of the moving parts strictly necessary for carrying out the work and which are:

154.3.1. adjustable manually or automatically (taking into account the type of work to be performed); and

154.3.2. readily adjustable, without the use of tools.

155. Protective devices of machinery shall be designed and incorporated into the control system in such a way that:

155.1. moving parts cannot start up while they are within the operator's reach;

155.2. persons cannot reach moving parts while the parts are moving;

155.3. the absence or failure of one of their components prevents starting or stops the moving parts; and

155.4. they are only adjustable by means of an intentional action.

156. Where possible, the guards of machinery shall also protect against the ejection or falling of materials or objects, as well as against emissions produced by the machinery.

157. Machinery with an electricity supply shall be designed, constructed and equipped in such a way that all hazards of an electrical nature can be prevented. The electricity supply shall comply with the regulatory enactments regarding the electrical safety of equipment.

158. Machinery shall be equipped with a discharging system in order to prevent or limit the build-up of potentially dangerous electrostatic charges.

159. Where machinery is powered by another type of driving force, it shall be so designed, constructed and equipped as to avoid potential risks association with using such sources of energy.

160. Machinery shall be designed and manufactured to prevent risks arising when connecting certain parts or refitting the machinery erroneously. However, if such risk is present, information regarding such risk and the housing of the specific parts shall be included in the instructions.

161. Machinery shall be designed and manufactured in order to prevent any possibility of trauma due to an increased or reduced temperature, on contact with machinery parts or materials or in proximity thereto. The necessary steps shall be taken to avoid or protect against the risk of very hot or very cold material being ejected from the machinery.

162. Machinery shall be designed and constructed in such a way as to avoid any risk of fire or overheating posed by the machinery itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery.

163. Machinery shall be designed and constructed in such a way as to avoid any risk of explosion posed by the machinery itself or by gases, liquids, dust, vapours or other substances produced or used by the machinery. If the machinery is intended to be used in a potentially explosive location, the requirements of regulatory enactments regarding a potentially explosive atmosphere shall be applied.

164. Machinery shall be designed and constructed in such a way that the risks resulting from the emission of airborne noise are reduced to the lowest level, taking account of technical progress (in particular in proximity of the source of the noise). The level of noise emission may be assessed with reference to comparative emission data for similar machinery.

165. Machinery shall be designed and constructed in such a way that the risks resulting from vibrations produced by the machinery are reduced to the lowest level, taking account of technical progress (in particular at the source of the vibration). The level of vibration emission may be assessed with reference to comparative emission data for similar machinery.

166. Undesirable radiation emissions from the machinery shall be eliminated or be reduced to levels that do not effect persons subject thereto. Where a risk of radiation is possible, the necessary protective measures shall be taken.

167. Machinery shall be designed and constructed in such a way that external radiation does not interfere with its operation.

168. When constructing machinery with laser equipment, the following requirements shall be taken into account:

168.1. laser equipment on machinery shall be used in order to prevent any accidental radiation;

168.2. laser equipment on machinery shall be protected in such a way that effective radiation, radiation produced by reflection or diffusion and secondary radiation do not damage health; and

168.3. optical equipment for the observation or adjustment of laser equipment on machinery shall be such that no health risk is created by laser radiation.

169. When constructing machinery where the emission of hazardous materials and substances is possible, the following requirements shall be taken into account:

169.1. machinery shall be designed and constructed in such a way that risks of inhalation, contact with the skin, eyes and mucous membranes and penetration through the skin of hazardous materials and substances which it produces can be avoided;

169.2. where a hazard cannot be eliminated, the machinery shall be so equipped that hazardous materials and substances can be contained, evacuated, precipitated by water spraying, filtered or treated by another equally effective method; and

169.3. where the process is not enclosed during operation of the machinery, the devices for containment or evacuation shall be situated in such a way as to have the maximum effect.

170. Machinery shall be designed, constructed and fitted with a means of preventing a person from being enclosed within it or, if that is impossible, with a means of summoning help.

171. Parts of the machinery where persons are liable to move about or stand shall be designed and constructed in such a way as to prevent persons slipping, tripping or falling on or off these parts. Where appropriate, these parts shall be fitted with handholds that are fixed relative to the user and that enable them to maintain their stability.

172. Machinery in need of protection against the effects of lightning while being used shall be fitted with a system for conducting the resultant electrical charge to earth.

173. Adjustment and maintenance points for machinery shall be located outside danger zones. It shall be possible to carry out adjustment, maintenance, repair, cleaning and other servicing operations while machinery is at a standstill.

174. If one or more of the conditions of machinery maintenance cannot be satisfied for technical reasons, measures shall be taken to ensure that these operations can be carried out safely (see the requirements referred to in Paragraphs 129, 130, 131, 132, 133 and 134 of this Regulation).

175. In the case of automated machinery and, where necessary, other machinery, a connecting device for mounting diagnostic fault-finding equipment shall be provided.

176. Automated machinery components which have to be changed frequently, shall be capable of being removed and replaced easily and safely, using the appropriate technical means in accordance with a specified operating method.

177. Machinery shall be designed and constructed in such a way as to allow access in safety to all areas where intervention is necessary during operation, adjustment and maintenance of the machinery.

178. Machinery shall be fitted with means to isolate it from all energy sources. Such isolators shall be clearly identified. Isolators shall be capable of being locked if reconnection could endanger persons. Isolators shall be locked where an operator is unable, from any of the points to which he has access to check that the energy is still cut off.

179. Where machinery may be plugged into an electricity supply the operator shall be able to check from any of the points whether the plug remains removed.

180. After the energy is cut off, it shall be possible to dissipate normally any energy remaining or stored in the circuits of the machinery without risk to persons.

181. Certain circuits may remain connected to their energy sources in order to hold parts, to protect information and to light interiors. In this case steps shall be taken to ensure operator safety.

182. Machinery shall be so designed, constructed and equipped so that the operator has limited opportunities of intervening. If operator intervention is required, it shall be easy and safe to carry out.

183. Machinery shall be designed and constructed in such a way that it is possible to clean internal parts which have contained dangerous substances or preparations without entering them and unblocking is possible from outside. If it is impossible to clean the internal parts without entering them, the machinery shall be designed and constructed in such a way as to allow cleaning to take place safely.

184. Information and warnings on the machinery and in the machinery shall be provided in the form of readily understandable symbols or pictograms. Any written or verbal information and warnings regarding the use of the machinery shall be expressed in an official language. Upon the appropriate request the machinery may be accompanied by information in another official European Union language understood by the operator:

184.1. information and information devices shall comply with the following requirements:

184.1.1. the information needed to control machinery shall be unambiguous, easily understood and not overload the operator;

184.1.2. visual display units or other interactive means of communication between the operator and the machinery shall be easily understood and easy to use;

184.2. warning devices shall conform to the following requirements:

184.2.1. where the health and safety of persons may be endangered by a fault in the operation of unsupervised machinery, the machinery shall be equipped with acoustic or light signal warnings;

184.2.2. where machinery is equipped with warning devices they shall be unambiguous and easily perceived. The operator shall have facilities to check the operation of such warning devices at all times; and

184.2.3. the regulatory enactments regarding safety signs in respect of colour and safety signals shall be complied with.

185. Where risks remain following the design in respect of safeguarding and complementary protective measures, the necessary warnings including warning devices shall be provided.

186. All machines shall be marked visibly, legibly and indelibly with the following particulars:

186.1. the name and legal address of the manufacturer and the authorised representative thereof;

186.2. designation of the machinery;

186.3. the CE marking (Annex 2);

186.4. designation of series or type;

186.5. serial number (if any); and

186.6. the year of construction (the year in which the manufacturing of the machinery was completed).

187. It is prohibited to pre-date or post-date the machinery when affixing the CE marking.

188. Machinery designed and constructed for use in a potentially explosive atmosphere shall be marked accordingly.

189. On and inside the machinery, observing the requirements referred to in Paragraph 184 of this Regulation, all information relevant to its type and safe use shall be indicated.

190. Where a machine part must be handled during use with lifting equipment, its mass shall be indicated on the machinery legibly, indelibly and unambiguously.

191. All machinery shall have appended instructions in the official language. Where the instructions have been translated, the original wording shall be appended (this provision does not apply to instructions regarding the technical maintenance of machinery - the instructions referred to may be prepared in an official language of the European Union which is understood by the specialised personnel). The instructions shall comply with the following requirements:

191.1. the instructions shall be prepared in the relevant official language or in several official languages of the European Union. The words "Original instructions" shall appear in the language version checked by the manufacturer or the authorised representative thereof;

191.2. where the language version checked by the manufacturer or the authorised representative thereof does not have instructions in the Latvian language, the manufacturer or the authorised representative thereof, or the person bringing the machinery in to be placed on the market in Latvia shall ensure a translation in the official language. The words "Translation of the original instructions" shall be included in the translation.

191.3. the contents of the instructions shall cover not only the intended use of the machinery but also take into account any reasonably foreseeable misuse thereof; and

191.4. where the machinery is intended for use by non-professional operators, the instructions for use shall be prepared appropriately for the level of acumen of non-professional operators.

192. Where the instructions are compiled into a manual, the following information shall be included therein:

192.1. the name and legal address of the manufacturer or the authorised representative thereof;

192.2. the designation of the machinery as marked on the machinery (except for the serial number in conformity with the requirements referred to in Paragraph 186 of this Regulation);

192.3. the declaration of conformity or a document setting out the contents of the declaration of conformity (showing the particulars of the machinery, not necessarily including the serial number and the signature);

192.4. a general description of the machinery;

192.5. the drawings, diagrams, descriptions and explanations necessary for the use, maintenance and repair of the machinery and for checking its correct functioning;

192.6. a description of the workstations where the operators are to work;

192.7. a description of the intended use of the machinery;

192.8. warnings concerning ways in which the machinery must not be used;

192.9. assembly, installation and connection instructions, including drawings, diagrams and the means of attachment and the designation of the chassis or mount;

192.10. instructions relating to installation and assembly for reducing noise and vibration;

192.11. instructions for the putting into service and use of the machinery and, if necessary, instructions for the training of operators;

192.12. information about the residual risks that remain despite the inherent safety design measures, safeguarding and complementary protective measures adopted;

192.13. instructions on the protective measures to be taken by the user (where appropriate, information regarding the personal protective equipment shall be included);

192.14. the essential characteristics of tools which may be fitted to the machinery;

192.15. the conditions in which the machinery meets the requirement of stability during use, transportation, assembly, dismantling when out of service, testing or foreseeable breakdowns;

192.16. instructions to ensure the safe transport, handling and storage operations (the mass of the machinery and of its various parts where these are regularly to be transported separately shall be given);

192.17. a description of what to follow in the event of an accident or breakdown, if a blockage is likely to occur, and a description of what to follow to unblock the equipment safely;

192.18. the description of the adjustment and maintenance operations to be carried out by the user and the preventive maintenance measures;

192.19. descriptions regarding adjustment and maintenance, including the protective measures that should be taken during these operations;

192.20. the specifications of the spare parts to be used, when these affect the health and safety of operators;

192.21. information on airborne noise emissions;

192.21.1. the A-weighted emission sound pressure level at work stations (exceeds 70 dB(A) or does not exceed 70 dB(A));

192.21.2. the peak C-weighted instantaneous sound pressure value at workstations, where this exceeds 63 Pa (130 dB in relation to 20 μPa);

192.21.3. the A-weighted sound power level emitted by the machinery, where the A-weighted emission sound pressure level at workstations exceeds 80 dB(A);

192.21.4. the noise emission values shall be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced;

192.21.5. for very large machinery instead of the A-weighted sound power level, the A-weighted emission sound pressure levels at specified positions around the machinery may be indicated;

192.21.6. where the applicable standards are not applied, sound levels shall be measured using the most appropriate method for the machinery. When sound emission values are indicated, any uncertainties surrounding these values shall be specified. The operating conditions of the machinery during measurement and the measuring methods used shall be described;

192.21.7. where the workstation is undefined or cannot be defined, A-weighted sound pressure levels shall be measured at a distance of 1 metre from the surface of the machinery and at a height of 1,6 metres from the floor or access platform (the position and value of the maximum sound pressure must be indicated);

192.21.8. where regulatory enactments lay down other requirements for the measurement of sound pressure levels or sound power levels, the relevant regulatory enactments shall be applied; and

192.22. information in respect of emitted radiation to the operator and other exposed persons (where the machinery is likely to emit non-ionising radiation which may cause harm to person, in particular persons with active or non-active implantable medical devices).

193. Information for sales purposes regarding the machinery shall not contradict the information contained in the instructions of the manufacturer or the authorised representative thereof as regards health and safety aspects. When including information regarding the performance characteristics of machinery, information on emissions shall be shown in accordance with the instructions of the manufacturer or the authorised representative thereof.

9.2. Essential Safety and Harmlessness Requirements, which Apply to Certain Categories of Machinery

194. Machinery intended for use with foodstuffs, cosmetics or pharmaceutical products shall be designed and constructed in such a way as to avoid any risk of infection, sickness or contagion, observing the following requirements:

194.1. materials in contact with foodstuffs, cosmetics or pharmaceutical products or intended to come into contact with the products referred to, shall satisfy the requirements of the relevant regulatory enactments regulating foodstuffs, cosmetics and pharmaceutical products. Machinery shall be designed and constructed in such a way that these materials can be cleaned before each use. Where this is not possible, disposable parts shall be used;

194.2. all surfaces in contact with foodstuffs, cosmetics or pharmaceutical products, other than surfaces of disposable parts shall:

194.2.1. be smooth and have neither ridges nor crevices which could harbour organic materials (this condition also applies to organic material joinings);

194.2.2. be designed in such a way as to reduce the projections, edges and recesses of assemblies to a minimum;

194.2.3. be easily cleaned and disinfected, where necessary after removing easily dismantled parts; the inside surfaces shall have curves with a radius sufficient to allow cleaning;

194.3. it shall be possible (if possible during cleaning) for liquids, gases and aerosols deriving from foodstuffs, cosmetics or pharmaceutical products, and cleaning, disinfecting and rinsing fluids, to be completely discharged from the machinery;

194.4. any substances or living creatures (in particular insects) entering or any organic matter accumulating in areas that cannot be cleaned, shall be prevented; and

194.5. no ancillary substances hazardous to health, including the lubricants used, shall come into contact with foodstuffs, cosmetics or pharmaceutical products (where necessary, the option of checking continuing conformity of the machinery with this requirement shall be ensured).

195. The instructions for machinery intended for use with foodstuffs, cosmetics or pharmaceutical products shall indicate recommended products and methods for cleaning, disinfecting and rinsing, not only for easily accessible areas but also for areas to which access is impossible or inadvisable.

196. Portable hand-held or hand-guided machinery shall comply with the following requirements:

196.1. depending on the type of machinery, it shall be equipped with a supporting surface of sufficient size and have a sufficient number of handles and supports arranged in such a way as to ensure the stability of the machinery under the intended operating conditions;

196.2. except where technically impossible or where there is an independent control device, where handles cannot be released in complete safety, machinery shall be fitted with manual start and stop control devices which the operator can operate without releasing the handles;

196.3. the risk of accidental starting or continued operation after the operator has released the handles, is prevented. Equivalent steps have been taken if this requirement is not technically feasible;

196.4. where necessary, visual observation of the danger zone and of the action of the tool with the material being processed, is possible;

196.5. the handles of portable machinery shall be designed and manufactured in such a way as to make starting and stopping straightforward;

196.6. the instructions shall contain the following information concerning vibrations transmitted by the machinery:

196.6.1. the value of the specific vibration to which the hand-arm system is subjected (exceeds 2,5 m/s² or does not exceed 2,5 m/s²);

196.6.2. the uncertainty of measurement;

196.6.3. the values shall be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced;

196.6.4. where the applicable standards are not applied, the vibration data shall be measured using the most appropriate measurement technique for the machinery; and

196.6.5. the operating conditions during measurement and the methods used for measurement, or the reference of the applicable standard applied, shall be specified.

197. Portable fixing and other impact machinery shall be designed and constructed in such a way that:

197.1. energy is transmitted to the impacted element by the intermediary component that does not leave the device;

197.2. an enabling device prevents impact unless the machinery is positioned correctly with adequate pressure on the base material;

197.3. involuntary triggering is prevented and where necessary an appropriate sequence of actions on the enabling device must be required to trigger an impact;

197.4. accidental triggering is prevented during handling or in case of shock;

197.5. loading and unloading operations can be carried out easily and safely; and

197.6. where necessary, it must be possible to fit the device with splinter guards and other appropriate guards.

198. The instructions shall give information regarding:

198.1. the accessories and interchangeable equipment that can be used with the machinery;

198.2. the suitable fixing or other impacted elements to be used with the machinery; and

198.3. where appropriate, the suitable cartridges to be used.

199. Machinery intended for working wood and machinery intended for working materials with similar characteristics to wood, shall comply with the following requirements:

199.1. machinery shall be designed, constructed and equipped in such a way that the piece being machined can be placed and guided in safety. Where the piece is hand-held on a workbench, the latter shall be sufficiently stable and shall not impede the movement of the piece;

199.2. where the machinery is likely to be used in conditions involving the risk of ejection of workpieces or parts of them, it shall be designed, manufactured and equipped in such a way as to prevent such ejection or, if this is not possible, so that the ejection does not engender risks for the operator and exposed persons;

199.3. the machinery shall be equipped with an automatic brake that stops the tool in a sufficiently short time if there is a risk of contact with the tool while it runs down; and

199.4. where the tool is incorporated into a non-fully automated machine, the latter shall be designed and manufactured in such a way as to eliminate the risk of accidental injury.

9.3. Essential Safety and Harmlessness Requirements, which Apply to Hazards Due to the Mobility of Machinery

200. In addition to the requirements referred to in Sub-section 9.1 of this Regulation, the requirements referred to in this Sub-section shall also apply to machinery the operation of which requires either mobility while working or continuous or semi-continuous movement between fixed working locations, and to machinery which is operated without being moved but is equipped in such a way as to enable it to be moved more easily from one place to another (hereinafter - machinery presenting hazards due to its mobility).

201. Machinery presenting hazards due to its mobility shall be accompanied by an operator who is responsible for the movement of a machine (hereinafter - driver). The driver may be transported by the machinery or may be on foot, accompanying the machinery, or may guide the machinery by remote control.

202. The driving position shall meet the following requirements:

202.1. visibility from the driving position must be such that the driver can, in complete safety and without endangering other exposed persons, operate the machinery and its tools in their foreseeable conditions of use. Where necessary, appropriate devices must be provided to prevent hazards where there is no direct vision;

202.2. machinery on which the driver is transported must be designed and manufactured in such a way that, from the driving position, there is no risk to the driver from inadvertent contact with the wheels and tracks; and

202.3. the driving position of ride-on drivers must be designed and manufactured in such a way that a driver's cab may be fitted, provided this does not increase the risk and there is room for it. The cab must contain the instructions needed for the driver.

203. Where there is a risk that operators or other persons transported by the machinery may be crushed between parts of the machinery and the ground should the machinery roll or tip over, in particular for machinery equipped with a protective device referred to in Paragraphs 231 and 232 of this Regulation, these seats shall be designed or equipped with a restraint system so as to keep the persons in their seats, without restricting movements necessary for operations or movements relative to the structure caused by the suspension of the seats. Such restraint systems should not be fitted if they increase the risk.

204. If the conditions of use provide that persons other than the driver may be transported by the machinery or work on it, appropriate positions shall be provided which enable them to be transported or to work on it without risk. The requirements referred to in Sub-paragraphs 202.1 and 202.2 of this Regulation also apply to these places.

205. The driver shall actuate all control devices located in the driving position of the machinery. It shall be possible for an operator or driver, when leaving the driving position, to actuate separate control functions with control devices located outside the driving position of the machinery.

206. Where there are pedals, they shall be so designed, manufactured and fitted as to allow safe operation by the driver with the minimum risk of incorrect operation. They shall have a slip-resistant surface and be easy to clean.

207. Where the operation of control devices of machinery can lead to hazards, notably dangerous movements, the control devices, except for those with preset positions, shall return to the neutral position as soon as they are released by the operator.

208. In the case of wheeled machinery the steering system shall be designed and constructed in such a way as to reduce the force of sudden movements of the steering wheel or the steering lever caused by shocks to the guide wheels.

209. Any control that locks the differential shall be so designed and arranged that it allows the differential to be unlocked when the machinery is moving.

210. The requirements referred to in Paragraph 110 of this Regulation applies to control devices only where the machinery falls over.

211. Where necessary steps shall be taken to prevent the unauthorised use of control devices.

212. Each control unit shall clearly identify the machinery to be controlled from that unit.

213. The remote control system shall be designed and manufactured in such a was as to affect only the machinery in question and carry out the functions in question.

214. Remote controlled machinery shall be designed and constructed in such a way that it will respond only to signals from the intended control units.

215. All travel movements of self-propelled machinery with a ride-on driver shall be possible only if the driver is at the controls.

216. Where, for operating purposes, machinery is fitted with devices which exceed its normal clearance zone, the driver shall be provided with the means of checking easily, before moving the machinery, that such devices are in a position which allows safe movement. This also applies to all other parts which, to allow safe movement, have to be in particular positions and locked if necessary.

217. Where it does not give rise to other risks, movement of the machinery shall depend on the safe positioning of the devices referred to in Paragraph 216 of this Regulation.

218. It shall not be possible for unintentional movement of the machinery to occur while the engine is being started.

219. The requirements specified by road traffic regulations apply to self-propelled machinery and its trailers for slowing down, stopping, braking and immobilisation so as to ensure safety under all the operating, load, speed, ground and gradient conditions allowed for.

220. The driver shall be able to slow down and stop self-propelled machinery by means of a main device. Where safety so requires, in the event of a failure of the main device or in the absence of the energy supply needed to actuate the main device, an emergency device with a fully independent and easily accessible control device shall be provided for slowing down and stopping.

221. Where safety so requires, a parking device shall be provided to render stationary machinery immobile.

222. Remote-controlled machinery shall be equipped with devices for stopping operation automatically and immediately and for preventing potentially dangerous operation in the following situations:

222.1. if the driver loses control;

222.2. if it receives a stop signal;

222.3. if a fault is detected in a safety-related part of the system; or

222.4. if no validation signal is detected within a specified time.

223. The requirements referred to in Paragraphs 118, 119, 120, 121, 122, 123, 124, 125, 126, 127 and 128 of this Regulation do not apply to the travelling function.

224. Movement of pedestrian-controlled self-propelled machinery shall only be possible through sustained action on the relevant control device by the driver. It shall not be possible for movement to occur while the engine is being started.

225. The control systems for pedestrian-controlled machinery shall be designed in such a way as to minimise the risks arising from inadvertent movement of the machine towards the driver, in particular crushing and injury from rotating tools.

226. The speed of travel of the machinery shall be compatible with the pace of a driver on foot.

227. In the case of machinery on which a rotary tool may be fitted, it shall not be possible to actuate the tool when the reverse control is engaged, except where the movement of the machinery results from movement of the tool. In the latter case, the reversing speed shall be such that it does not endanger the driver.

228. A failure in the power supply to the power-assisted steering (where fitted) shall not prevent machinery from being steered during the time required to stop it.

229. Machinery shall be designed, manufactured and, where appropriate, placed on its mobile support in such a way as to ensure that, when moved, uncontrolled oscillations of its centre of gravity do not affect its stability or exert excessive strain on its structure.

230. Moveable guards preventing access to the moving parts in the engine compartment need not have interlocking devices if they are opened by the use of a tool or key, or by a control located in the driving position, providing the latter is in a fully enclosed cab with a lock (it shall not be possible for unauthorised persons to enter the cab).

231. Self-propelled machinery shall comply with the following requirements in respect of the risk of roll-over and tip-over:

231.1. where there is a risk of machinery with a ride-on driver, operator or other persons, rolling or tipping over, the machinery must be fitted with an appropriate protective structure, unless this increases the risk.

231.2. the structure referred to in Sub-paragraph 231.1 of this Regulation must be such that in the event of rolling or tipping over it affords the ride-on person an adequate deflection-limiting volume; and

231.3. in order to verify that the structure complies with the requirement referred to in Sub-paragraph 231.1 of this Regulation, the manufacturer or the authorised representative thereof must, for each type of structure, perform appropriate tests or have such tests performed.

232. Machinery shall comply with the following requirements in respect of falling objects:

232.1. where machinery with a ride-on driver, operator or other persons, there is a risk due to falling objects or material, the machinery must be designed and manufactured in such a way as to take account of this risk, and fitted (if its size allows) with an appropriate protective structure;

232.2. the protective structure must be such that in the event of falling objects or material, it guarantees the ride-on persons an adequate deflection-limiting volume; and

232.3. in order to verify that the structure complies with the requirement referred to in Sub-paragraph 232.2 of this Regulation, the manufacturer or the authorised representative thereof must, for each type of structure, perform appropriate tests or have such tests performed.

233. Handholds and steps shall be designed and arranged in such a way that the operators use them instinctively and do not use the control devices.

234. Machinery shall comply with the following requirements in respect of falling objects:

234.1. machinery used to tow or to be towed must be fitted with towing or coupling devices, designed and arranged in such a way as to ensure easy and secure connection and disconnection and to prevent accidental disconnection during use; and

234.2. depending on the tow bar load, such machinery must be equipped with a support with a bearing surface suited to the load and the ground.

235. Machinery shall comply with the following requirements in respect of power between self-propelled machinery or tractor and recipient machinery:

235.1. removable mechanical transmission devices linking self-propelled machinery or a tractor to the first fixed bearing of recipient machinery must be designed and constructed in such a way that any part that moves during operation is protected over its whole length;

235.2. on the side of the self-propelled machinery or tractor, the power take-off to which the removable mechanical transmission device is attached must be protected by a guard fixed and linked to the self-propelled machinery or tractor, or by any other device offering equivalent protection;

235.3. it is possible to open the guard referred to in Sub-paragraph 235.2 of this Regulation for access to the removable transmission device. Once it is in place, there must be enough room to prevent the drive shaft damaging the guard when the machinery or the tractor is moving;

235.4. on the recipient machinery side, the input shaft must be enclosed in a protective casing fixed to the machinery;

235.5. torque limiters or freewheels may be fitted to universal joint transmissions only on the side adjoining the driven machinery. The removable mechanical transmission device must be marked accordingly;

235.6. all recipient machinery, the operation of which requires a removable mechanical transmission device to connect it to self-propelled machinery or a tractor, must have a system for attaching the removable mechanical transmission device so that, when the machinery is uncoupled, the removable mechanical transmission device and its guard are not damaged by contact with the ground or part of the machinery;

235.7. the outside parts of the guard must be so designed, manufactured and arranged that they cannot turn with the removable mechanical transmission device. The guard must cover the transmission to the ends of the inner jaws in the case of simple universal joints and at least to the centre of the outer joint or joints in the case of wide-angle universal joints; and

235.8. if means of access to working positions are provided near to the removable mechanical transmission device, they must be designed and manufactured in such a way that the shaft guards cannot be used as steps, unless designed and constructed for that purpose.

236. Machinery shall be designed and manufactured in such a way that the battery can be disconnected with the aid of an easily accessible device provided for that purpose and in such a way as to prevent the electrolyte being ejected on to the operator in the event of rollover or tipover and to avoid the accumulation of vapours in places occupied by operators.

237. Depending on the hazards anticipated by the manufacturer, machinery shall, where its size permits have easily accessible fire extinguishers or be provided with built-in extinguisher systems.

238. The requirements referred to in Sub-paragraphs 169.2 and 169.3 of this Regulation do not apply where the main function of the machinery is the spraying of products. The operator shall be protected against the risk of exposure to such hazardous emissions.

239. Machinery shall have signs or instruction plates concerning its use, adjustment and maintenance, wherever necessary, so as to ensure the health and safety of persons. The relevant signs and instruction plates shall be chosen, designed and manufactured in such a way as to be clearly visible and indelible.

240. In accordance with road traffic regulations, machinery with a ride-on driver shall be equipped with the following devices:

240.1. an acoustic warning device to alert persons;

240.2. a system of light signals relevant to the intended conditions of use (except machinery intended solely for underground working and having no electrical power); and

240.3. where necessary, with an appropriate connection between a trailer and the machinery for the operation of signals.

241. Remote-controlled machinery which exposes persons to the risk of impact or crushing, shall be fitted with appropriate means to signal its movements or with means to protect persons against such risk. This condition also applies to machinery which involves, when in use, the constant repetition of a forward and backward movement on a single axis where the rear of the machine is not directly visible to the driver.

242. Machinery shall be manufactured in such a way that the warning and signalling devices cannot be disabled unintentionally. Where it is essential for safety, such devices shall be provided with the means to check that they are in good working order and their failure shall be made apparent to the operator.

243. Where the movement of machinery or its tools is particularly hazardous, signs on the machinery shall be provided to warn against approaching the machinery while it is working and they shall be legible at a sufficient distance.

244. The following shall be shown legibly and indelibly on all machinery:

244.1. nominal power expressed in kilowatts (kW);

244.2. mass of the most usual configuration, in kilograms (kg), and, where appropriate:

244.2.1. maximum drawbar pull provided for at the coupling hook, in Newtons (N); and

244.2.2. maximum vertical load provided for on the coupling hook, in Newtons (N).

245. The instructions shall give the following information concerning vibrations transmitted by the machinery to the hand-arm system or to the whole body:

245.1. the value of the specific vibration to which the hand-arm system is subjected if it exceeds 2,5 m/s² or a mention where this does not exceed 2,5 m/s²);

245.2. the highest root mean square of weighted acceleration to which the whole body is subjected if it exceeds 0,5 m/s² or a mention where this does not exceed 0,5 m/s²;

245.3. the uncertainty of measurement.

246. The values referred to in Paragraph 245 of this Regulation shall be either those actually measured for the machinery in question or those established on the basis of measurements taken for technically comparable machinery which is representative of the machinery to be produced.

247. Where vibration measurements are not taken in accordance with the applicable standards, the vibrations shall be measured using the most appropriate measurement technique for the machinery concerned.

248. During measurement, the conditions of use during measurement and the measurement techniques shall be indicated.

249. The instructions for machinery allowing several uses depending on the equipment used and the instructions for the interchangeable equipment shall contain the information necessary for safe assembly and use.

9.4. Essential Safety and Harmlessness Requirements, which Apply to Hazards Due to Lifting Operations

250. In addition to the requirements referred to in Sub-section 9.1 of this Regulation, the essential safety and harmlessness requirements specified in this Sub-section apply to machinery presenting hazards while lifting units of cargo or transporting persons (hereinafter - lifting operations) related to these operations.

251. Machinery shall be designed and manufactured in such a way that the stability required by Paragraphs 136 and 137 of this Regulation is maintained both in service and out of service, including all stages of transportation, assembly and dismantling, during foreseeable component failures and also during the tests carried out in accordance with the instruction handbook. The manufacturer or the authorised representative thereof shall use the appropriate verification methods.

252. Machinery running on guide rails and rail tracks:

252.1. shall be provided with devices which act on the guide rails or tracks to prevent derailment; and

252.2. if the devices referred to in Sub-paragraph 252.1 of this Regulation do not prevent the risk of derailment in the case of failure of a rail or of a running component, devices shall be provided which prevent the equipment, component or load from falling or the machinery from overturning.

253. Machinery, lifting accessories and their components shall withstand the stresses to which they are subjected, both in and out of use under the installation and operating conditions provided for and in all relevant configurations, where appropriate, with due regard to the effects of atmospheric factors and forces exerted by persons. This requirement shall also be satisfied during transport, assembly and dismantling.

254. Machinery and lifting accessories shall be designed and constructed in such a way as to prevent failure from fatigue and wear, taking due account of their intended use.

255. The materials shall be chosen on the basis of the intended working environments, with particular regard to corrosion, abrasion, impacts, extreme temperatures, fatigue, ageing and brittleness.

256. Machinery and lifting accessories shall be designed and manufactured in such a way as to withstand the overload during testing, where the machinery or lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient. Following the operation concerned, re-inspection shall be performed in order to verify whether the load has caused any damage (hereinafter - static tests), deformation or obvious defects. Strength calculations shall take account of the value of the static test coefficient chosen. In order to guarantee an adequate level of safety, the static test has, as a general rule, the following values:

256.1. manually-operated machinery and lifting accessories - 1,5; and

256.2. other machinery - 1,25.

257. Machinery shall be designed and constructed in such a way as to undergo, without failure, the test during which the machinery is operated in all its possible configurations at the maximum working load multiplied by the appropriate dynamic test coefficient (taking account of the dynamic behaviour of the machinery), in order to check that it functions properly (hereinafter - dynamic test). The dynamic test coefficient is chosen so as to guarantee an adequate level of safety; the coefficient is, as a general rule, equal to 1,1. As a general rule, the tests will be performed at the nominal speeds provided for. Should the control machinery allow for a number of simultaneous movements, the tests shall be carried out under the least favourable conditions (as a general rule, by combining the movements concerned).

258. Pulleys, drums and wheels shall have a diameter commensurate with the size of the ropes or chains with which they can be fitted.

259. Drums and wheels shall be designed, constructed and installed in such a way that the ropes or chains with which they are equipped can be wound without coming off.

260. Ropes used directly for lifting or supporting the load shall not include any splicing (other than at their ends). Splicings are, however, tolerated in installations which are intended by design to be modified regularly according to needs of use.

261. Complete ropes and their endings shall have a working coefficient of 5,0, which guarantees an adequate level of safety.

262. Lifting chains shall have a working coefficient of 4,0, which guarantees an adequate level of safety.

263. In order to verify that an adequate working coefficient has been attained, the manufacturer or the authorised representative thereof shall, for each type of chain and rope used directly for lifting the load and for the rope ends, perform the appropriate tests or have such tests performed.

264. Lifting accessories and their components shall be sized with due regard to fatigue and ageing processes for a number of operating cycles consistent with their expected life-span as specified in the operating conditions for a given application, and:

264.1. the working coefficient of wire-rope or rope-end combinations shall be 5,0 in order to guarantee an adequate level of safety and ropes shall not comprise any splices or loops other than at their ends;

264.2. where chains with welded links are used, they shall be of the short-link type. Each type of chain shall have a working coefficient of 4,0, which guarantees an adequate level of safety;

264.3. the working coefficient for textile ropes or slings is dependent on the material, method of manufacture, dimensions and use. Provided the materials used are of good quality and the method of manufacture is appropriate to the intended use, this coefficient shall be 7,0. Where the previously referred to requirement is not ensured, the coefficient shall be set at higher level - 10,0, in order to secure an equivalent level of safety. Textile ropes and slings shall not include any knots or connections, except in the case of an endless sling;

264.4. all metallic components making up or used with a sling, shall have a working coefficient of 4,0, which guarantees an adequate level of safety;

264.5. the maximum working load of a multilegged sling is determined on the basis of the working coefficient of the weakest leg, the number of legs and a reduction factor which depends on the slinging configuration; and

264.6. in order to verify that an adequate working coefficient has been attained, the manufacturer or the authorised representative thereof shall, for each type of component referred to in Sub-paragraphs 264.1, 264.2, 264.3 and 264.4 of this Regulation, perform the appropriate tests or have such tests performed.

265. Devices for controlling movements shall act in such a way that the machinery on which they are installed is kept safe, and:

265.1. machinery shall be designed and manufactured or fitted with devices in such a way that the amplitude of movement of its components is kept within the specified limits. The operation of such devices shall, where appropriate, be preceded by a warning;

265.2. where several fixed or rail-mounted machines can be manoeuvred simultaneously in the same place, with risks of collision, such machinery shall be designed and manufactured in such a way as to make it possible to fit systems enabling these risks to be avoided;

265.3. machinery shall be designed and constructed in such a way that the loads cannot creep dangerously and fall unexpectedly, even in the event of a partial or total failure of the power supply or when the operator stops operating the machine;

265.4. it shall not be possible to lower the load solely by friction brake, except in the case of machinery whose function requires it to operate in that way; or

265.5. holding devices shall be designed and manufactured in such a way that inadvertent dropping of the loads is avoided.

266. The operating position of machinery shall be located in such a way as to ensure the widest possible view of trajectories of the moving parts, in order to avoid possible collisions with persons, equipment or other machinery which might be manoeuvring at the same time and liable to constitute a hazard.

267. Machinery with guided loads shall be designed and constructed in such a way as to prevent persons from being injured by the load, machinery parts on which or in which persons or cargo are supported for lifting (hereinafter - carrier), or the counterweights.

268. A carrier serving fixed landings shall be rigidly guided to and at the landings or territory thereof. Scissor systems are also regarded as rigid guidance.

269. Access to the carrier:

269.1. where persons have access to the carrier, the machinery shall be designed and manufactured in such a way as to ensure that the carrier remains stationary during access (in particular while loading or unloading); and

269.2. the machinery shall be designed and constructed in such a way as to ensure that the difference in level between the carrier and the landing being served does not create a risk of tripping.

270. In order to avoid risks due to contact with the moving carrier:

270.1. in cases, where necessary, in order to fulfil the requirements referred to in Paragraph 267 of this Regulation, the travel zone shall be rendered inaccessible during normal operation; and

270.2. when, during inspection or maintenance, there is a risk that persons situated under or above the carrier may be crushed between the carrier and any fixed parts, sufficient free space shall be provided (by installing a physical refuge) or by means of mechanical devices blocking the movement of the carrier.

271. Where there is a risk due to the load falling off the carrier, the machinery shall be designed and constructed in such a way as to prevent this risk.

272. In respect of landings risks due to contact of persons at landings with the moving carrier or other moving parts must be prevented.

273. Where there is a risk due to persons falling into the travel zone when the carrier is not present at the landings, guards shall be fitted in order to prevent this risk. Such guards shall not open in the direction of the travel zone. They shall be fitted with an interlocking device controlled by the position of the carrier that prevents hazardous movement of the carrier until the guards are closed and locked as well as the hazardous opening of a guard until the carrier has stopped at the corresponding landing.

274. When lifting machinery or lifting accessories are placed on the market or are first put into service, the manufacturer or the authorised representative thereof of ensure, by taking appropriate measures, that the machinery or the lifting accessories which are ready for use (whether manually or power-operated) can fulfil their specified functions safely.

275. The static test referred to in Paragraph 256 and the dynamic test referred to in Paragraph 257 of this Regulation shall be performed on all lifting machinery ready to be put into service.

276. Where the machinery cannot be assembled in the manufacturer's premises or in the premises of the authorised representative thereof, the appropriate measures shall be taken at the place of use.

277. Hold-to-run control devices shall be used to control the movements of the machinery or its equipment. However, for partial or complete movements in which there is no risk of the load or the machinery colliding, the said devices may be replaced by control devices authorising automatic stops at pre-selected positions without the operator holding a hold-to-run control device.

278. Machinery with a maximum working load of not less than 1000 kilograms or an overturning moment of not less than 40 000 Nm shall be fitted with devices to warn the driver and prevent dangerous movements in the event:

278.1. of overloading either as a result of the maximum working load or the maximum working moment due to the load being exceeded, or

278.2. of the overturning moment being exceeded.

279. Rope carriers, tractors or tractor carriers shall be held by counterweights or by a device allowing permanent control of the tension.

280. Each length of lifting chain, rope or webbing not forming part of an assembly, shall bear a mark or, where this is not possible, a plate or irremovable ring bearing the name and address of the manufacturer or the authorised representative thereof and the identifying reference of the relevant certificate.

281. The certificate shall contain the following information:

281.1. the name and legal address of the manufacturer and, where necessary, the authorised representative thereof;

281.2. a description of the chain or rope which includes the following information:

281.2.1. its nominal size;

281.2.2. its construction;

281.2.3. the material from which the chain or rope is made;

281.2.4. any special metallurgical treatment applied to the material;

281.3. the test method used; and

281.4. the maximum load to which the chain or rope should be subjected in service. A range of values may be given on the basis of the intended applications.

282. All lifting accessories shall show the following particulars:

282.1. identification of the material where this information is needed for safe use; and

282.2. information about the maximum working load.

283. Where it is impossible to mark lifting accessories, the particulars referred to in Paragraph 282 of this Regulation shall be displayed on a plate or other equivalent means and securely affixed to the accessory. The particulars shall be legible and located in a place where they are not liable to disappear as a result of wear or jeopardise the strength of the accessory.

284. The maximum working load shall be prominently marked on the machinery. This marking shall be legible, indelible and in an un-coded form.

285. Where the maximum working load depends on the configuration of the machinery, each operating position shall be provided with a load plate indicating (preferably in diagrammatic form or by means of tables), the working load permitted for each configuration.

286. Machinery intended for lifting goods only, equipped with a cab which allows access to persons, shall bear a clear and indelible warning prohibiting the lifting of persons. This warning shall be visible at each place where access to the cab is possible.

287. Each lifting accessory or each commercially indivisible batch of lifting accessories shall be accompanied by instructions setting out at least the following particulars:

287.1. the intended use;

287.2. the limits of use, particularly for lifting accessories such as magnetic or vacuum pads which do not fully comply with the requirements referred to in Sub-paragraph 265.5 of this Regulation;

287.3. instructions for use, assembly and maintenance; and

287.4. the static test coefficient used.

288. All lifting machinery shall be accompanied by instructions containing information on:

288.1. the technical characteristics of the machinery and:

288.1.1. the maximum working load and, where appropriate, the load plate referred to in Paragraph 285 of this Regulation;

288.1.2. the reactions at the supports or anchors, and where appropriate, characteristics of the tracks;

288.1.3. the definition and the means of installation of the ballast (where appropriate);

288.2. the contents of the logbook, if the logbook is not supplied with the machinery;

288.3. advice for use, particularly to offset the lack of direct vision of the load by the operator;

288.4. a test report detailing the static and dynamic tests carried out by or for the manufacturer or the authorised representative thereof (where appropriate);

288.5. for machinery which is not assembled on the premises of the manufacturer in the form in which it is to be used, the necessary instructions for performing the measures referred to in Paragraphs 274, 275 and 276 of this Regulation, before it is first put into service.

9.5. Essential Safety and Harmlessness Requirements, which Apply to Hazards from Machinery Intended for Underground Work

289. Mechanical roof supports shall be designed and constructed in such a way as to maintain a given direction when moving and not slip before and while they come under load and after the load has been removed. Mechanical roof supports shall be equipped with anchorages for the top plates of the individual hydraulic props.

290. Mechanical roof supports shall allow for unhindered movement of persons.

291. The accelerator and brake controls for movement of machinery running on rails shall be hand-operated. However, enabling devices may be foot-operated.

292. The control devices of mechanical roof supports shall be designed and positioned in such a way that, during displacement operations, operators are sheltered by a support in place. The control devices shall be protected against any accidental release.

293. Self-propelled machinery running on rails for use in underground work shall be equipped with an enabling device acting on the circuit controlling the movement of the machinery such that the movement is stopped if the driver is no longer in control of the movement.

294. Machinery which comprises highly flammable parts shall have a built-in fire extinguishing system.

295. The braking system of machinery intended for use in underground workings shall be designed and constructed in such a way that it does not produce sparks or cause fires.

296. Machinery with internal combustion engines for use in underground workings shall be fitted with engines using fuel with a low vaporising pressure to exclude any spark of electrical origin.

297. Exhaust emissions from internal combustion engines shall not be discharged upwards.

9.6. Essential Safety and Harmlessness Requirements for Machinery Presenting Hazards Due to the Lifting or Movement of Persons

298. The carrier, including any trapdoors, shall be designed and constructed in such a way that, when lifting or moving persons, the size of the relevant premises and the lifting capacity of the carrier complies with the specified requirements.

299. The working coefficients for components set out in Paragraphs 258 and 264 of this Regulation shall be doubled where the relevant components are intended for the lifting or moving of persons. Machinery intended for lifting persons or persons and goods shall be fitted with a suspension or supporting system for the carrier designed and constructed in such a way as to ensure an adequate overall level of safety and to prevent the risk of the cab falling.

300. If ropes or chains are used to suspend the carrier, as a general rule, at least two independent ropes or chains are required, each with its own anchorage. The requirements of Paragraph 278 of this Regulation apply regardless of the maximum working load and overturning moment, unless the manufacturer can demonstrate that there is no risk of overloading or overturning.

301. Where safety requirements do not impose other solutions, the carrier shall be designed and manufactured in such a way that persons in the carrier have means of controlling upward and downward movements and, if appropriate, other movements of the carrier.

302. In operation the control devices referred to in Paragraph 301 of this Regulation shall override any other devices controlling the same movement with the exception of emergency stop devices.

303. The control devices shall be of the hold-to-run type except where the carrier itself is completely enclosed.

304. Machinery for lifting persons shall be designed, constructed or equipped in such a way that the acceleration or deceleration of the carrier does not engender risks for persons.

305. The carrier shall not tilt to an extent which creates a risk of the occupants falling, including when the machinery and carrier are moving.

306. Where the carrier is designed as a work station, provision shall be made to ensure stability and to prevent hazardous movements.

307. If the safety measures carried out are not adequate, carriers shall be fitted with a sufficient number of suitable anchorage points for the number of persons permitted on the carrier. The anchorage points shall be strong enough for the use of personal protective equipment against falls from a height.

308. Any trapdoor in floors or ceilings or side doors shall be designed and constructed in such a way as to prevent inadvertent opening and shall open in a direction that obviates any risk of falling, should they open unexpectedly.

309. Where there is a risk of objects falling on the carrier and endangering persons, the carrier shall be equipped with a protective roof.

310. The carrier shall be designed and constructed in such a way as to prevent risks due to contact between persons or objects in or on the carrier with any fixed or moving elements. In order to fulfil this requirement, the carrier shall be completely enclosed with doors fitted with an interlocking device that prevents hazardous movements of the carrier, unless the doors are closed. The doors shall remain closed if the carrier stops between landings where there is a risk of falling from the carrier.

311. The machinery shall be designed, constructed and where necessary, equipped with devices in such a way as to prevent uncontrolled upward or downward movement of the carrier. These devices shall be able to stop the carrier at its maximum working load and at the foreseeable maximum speed.

312. The stopping action shall not cause deceleration harmful to the occupants, whatever the load conditions.

313. Controls other than those for emergency use, at landings shall not initiate movements of the carrier where the control devices are being operated and when the carrier is not at a landing.

314. The guards at the landings and on the carrier shall be designed and manufactured in such a way as to ensure safe transfer to and from the carrier, taking into account the foreseeable range of goods to be lifted.

315. Each carrier shall bear the information necessary to ensure safety including the number of persons permitted on the carrier and the maximum working load.

316. The manufacturer of machinery or the authorised representative thereof shall ensure that a risk assessment is performed prior to designing the machinery, in order to determine which essential safety and harmlessness requirements apply to the machinery, and the results of this risk assessment shall be taken into account during the design and manufacture of the machinery.

317. The manufacturer or the authorised representative thereof shall perform the risk assessment referred to in Paragraph 316 of this Regulation as follows:

317.1. determine the limits of the machinery, which include the use of the machinery in accordance with the instructions for use and any use of the machinery not specified in the instructions for use of the machinery but which is foreseeable;

317.2. identify the sources of potential hazards and health risks that can be generated by the machinery and the associated hazardous situations;

317.3. identify the severity of the possible injury or damage to health and the probability caused by a hazardous situation;

317.4. evaluate the potential risks in order to determine whether risk reduction is required in accordance with this Regulation; and

317.5. eliminate the hazards or reduce the risks associated with these hazards by application of protective measures in the order established in Paragraph 80 of this Regulation.

318. The specific safety and harmlessness requirements for the relevant machinery only apply when the corresponding hazard exists for the machinery in question when it is used under the conditions foreseen by the manufacturer or the authorised representative thereof or in foreseeable abnormal situations.

10. Closing Provisions

319. Cabinet Regulation No. 186 of 30 May 2000, Regulations Regarding the Safety of Machinery (Latvijas Vēstnesis, 2000, No. 201, 204; 2002, No. 111; 2003, No. 114; 2004, No. 68) is repealed.

320. In respect of portable cartridge-operated fixing and other impact machinery, the requirements of this Regulation shall be applicable from 29 June 2011.

321. This Regulation shall come into force on 29 December 2009.

Informative Reference to European Union Directive

This Regulation contains legal norms arising from Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EEC (recast).

Prime Minister I. Godmanis

Minister for Economics K. Gerhards

 

Annex 1
Cabinet Regulation No. 195
25 March 2008

Machinery and Safety Components to which the Requirements referred to in Paragraphs 22 and 23 of Cabinet Regulation No. 195 of 25 March 2008, Regulations Regarding the Safety of Machinery, are Applicable

I. Machinery

1. Circular saws (single or multi-blade) for working with wood and material similar to wood or with meat and products similar to meat:

1.1. sawing machinery with a fixed blade during cutting having a fixed bed and manual feed of the workpiece or with a demountable power feed;

1.2. sawing machinery with a fixed blade during cutting having a manually operated reciprocating saw-bench or carriage;

1.3. sawing machinery with a fixed blade having a built-in mechanical feed device for the workpieces, with manual loading or unloading; and

1.4. sawing machinery with a movable blade during cutting having mechanical movement of the blade, with manual loading or unloading.

2. Hand-fed surface planning machinery for woodworking.

3. Thicknessers for one-side dressing with manual loading or unloading for woodworking.

4. Band-saws with manual loading or unloading for working with wood and material with similar physical characteristics or for working with meat and material with similar physical characteristics:

4.1. sawing machinery with fixed blade(s) during cutting, having a fixed or reciprocating-movement bed or support for the workpiece; and

4.2. sawing machinery with blade(s) assembled on a carriage with a reciprocating motion.

5. Machinery for woodworking and with materials with similar physical properties to wood, which are a combination of the machinery referred to in Paragraphs 1, 2, 3, 4 and 7 of Section I of this Annex.

6. Hand-fed tenoning machinery with several knife holders for woodworking.

7. Hand-fed vertical spindle moulding machinery for working with wood and material with similar physical characteristics.

8. Portable chainsaws for woodworking.

9. Presses and press-brakes for the cold working of metals with manual loading or unloading, whose movable working parts may have a travel exceeding 6 mm and a speed exceeding 30 mm/s.

10. Injection or compression plastics-moulding machinery with manual loading or unloading.

11. Injection or compression rubber-moulding machinery with manual loading or unloading.

12. Machinery for underground working of the following types:

12.1. locomotives and brake-vans; and

12.2. hydraulic-powered roof supports.

13. Manually loaded trucks for the collection of household refuse incorporating a compression mechanism.

14. Removable mechanical transmission devices including their guards.

15. Guards for removable mechanical transmission devices.

16. Vehicle servicing lifts.

17. Machinery for the lifting of persons, lifting persons to a height of more than three metres.

18. Portable cartridge-operated fixing and other impact machinery.

19. Protective devices designed to detect the presence of persons.

20. Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in Paragraphs 9, 10 and 11 of this Section.

21. Logic units to ensure safety functions.

22. Roll-over protective structures (ROPS).

23. Falling-object protective structures (FOPS).

II. Safety Components

1. Guards for removable mechanical transmission devices.

2. Protective devices designed to detect the presence of persons.

3. Power-operated interlocking movable guards designed to be used as safeguards in machinery referred to in Paragraphs 9, 10 and 11 of Section I of this Annex.

4. Logic units to ensure safety functions.

5. Valves with additional means for failure detection intended for the control of dangerous movements on machinery.

6. Extraction systems for machinery emissions.

7. Guards and protective devices designed to protect persons against moving parts involved in the process on the machinery.

8. Monitoring devices for loading and movement control in lifting machinery.

9. Restraint systems to keep persons on their seats.

10. Emergency stop devices.

11. Discharging systems to prevent the build-up of potentially dangerous electrostatic charges.

12. Energy limiters and relief devices referred to in Paragraphs 163, 235 and 265 of Cabinet Regulation No. 195 of 25 March 2008, Regulations Regarding the Safety of Machinery.

13. Systems and devices to reduce the emission of noise and vibrations.

14. Roll-over protective structures (ROPS).

15. Falling-object protective structures (FOPS).

16. Two-hand control devices.

17. Components for machinery designed for lifting or lowering persons between different landings:

17.1. devices for locking landing doors;

17.2. devices to prevent the load-carrying unit from falling or unchecked upwards movement;

17.3. overspeed limitation devices;

17.4. energy-accumulating shock absorbers:

17.4.1. non-linear; or

17.4.2. with damping of the return movement;

17.5. energy-dissipating shock absorbers;

17.6. safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls; and

17.7. electric safety devices in the form of safety switches containing electronic components.

Minister for Economics K. Gerhards

 

Annex 2
Cabinet Regulation No. 195
25 March 2008

CE Marking

1. The CE marking consists of the capital letters "CE". The sample of the marking is as follows:

2. If the CE marking is enlarged or reduced, the proportions shown in the drawing in Paragraph 1 of this Annex shall be respected.

3. Both letters of the CE marking are of the same vertical size, and it may not be less than five millimetres (this may be waived for small-scale machinery).

4. The CE marking shall be affixed in the immediate vicinity of the name of the manufacturer or the authorised representative thereof, using the same technique.

5. Where machinery has been manufactured in accordance with the procedures specified in Section 7 of Cabinet Regulation No. 195 of 25 March 2008, Regulations Regarding the Safety of Machinery, within the scope of the approved quality system, the CE marking shall be followed by the identification number of the notified body.

Minister for Economics K. Gerhards

 

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Translation © 2009 Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre)