Government Decree No. 378 / 2001 Coll.
Government regulations laying down further requirements for the safe operation and use of machinery, technical equipment, apparatus and tools
Valid
Regulation
Effective from 01.01.2003
Text versions:
01.01.2003
06.11.2001
378
GOVERNMENT REGULATION
of 12 September 2001
laying down further requirements for the safe operation and use of machinery, technical equipment, apparatus and tools
The Government orders pursuant to § 134a (2) of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll.:
This Regulation shall apply, in accordance with the law of the European Communities, (1) to the safe operation and use of machinery, technical equipment, apparatus and tools (hereinafter referred to as "equipment '), unless the requirements for the safety of the operation and use of equipment are laid down in a separate legislation elsewhere. (2)
For the purposes of this Regulation:
(a) the use of equipment is mainly linked to the start, stop, transport, repair, adjustment, handling, modification, maintenance and cleaning throughout its operation;
(b) the dangerous space of the space inside or outside the installation in which the staff member is exposed to a risk of health risk;
(c) mechanical, electrical, electronic or other similar devices for the safety and health of workers;
(d) by a staff member who uses and is entitled to such an activity,
(e) accompanying documentation a set of documents containing the manufacturer's instructions for installation, handling, repair, maintenance, initial and subsequent periodic checks and revisions of the installation, as well as instructions for any replacement or modification of parts of the installation;
(f) operational documentation a set of documents containing accompanying documents, a record of the latest or exceptional revision or inspection, where specific legislation so provides, or where such legislation is not issued, the accompanying documentation or the employer so provides;
(g) a local operational safety regulation governing, in particular, the working technological procedures for the use of equipment and the rules on the movement of equipment and staff in the premises and places of work of the employer;
(h) the standard value of the specific technical requirement contained in the relevant Czech technical standard.
(1) The minimum requirements for the safe operation and use of equipment, depending on the relevant risk generated by the installation, are:
(a) the use of equipment for the purposes and under the conditions for which it is intended, in accordance with the operational documentation; the employer may lay down additional safety requirements by means of a local operational safety regulation, at least to the extent specified by the standard value;
(b) the employer's established safe access of the operator to the equipment and sufficient handling space, taking into account the technological process and organisation of the work, enabling the safe use of the equipment;
(c) the supply or withdrawal of all forms of energy and substances used or produced in a safe manner;
(d) equipment of equipment by means of a guard or protective device or taking action where there is a risk of contact or capture of the staff member moving parts of the work equipment or the fall of the load;
(e) assembly and dismantling of equipment under safe conditions in accordance with the manufacturer's instructions, (3) or, if the manufacturer's instructions are not available, instructions provided by the employer;
(f) protection of the worker against dangerous contact with equipment under voltage and from the effects of electricity;
(g) protection of equipment likely to be exposed to atmospheric electricity, in particular lightning contact;
(h) the location of controls affecting the safety of the operation of the equipment outside dangerous spaces, the safe operation, including in the event of failure or damage, good visibility, identification and, where appropriate, appropriate marking; If, for technical reasons, controls cannot be placed outside dangerous spaces, their control shall not be a source of danger, even as a result of an accidental operation;
(i) the launching of the device only by deliberate operation of the operator by means of the control intended for that purpose;
(j) equipment by the control for a complete safe stop; at the time when the device is not used, its disconnection and, in specified cases, its disconnection from energy sources and security;
(k) equipment of an emergency stop control that blocks the actuators where necessary; at the same time as stopping the operation of the device or its hazardous part, the power supply to its propulsion shall be switched off, except in the event of a danger to the life or health of workers;
(l) equipment of equipment clearly identifiable for disconnection from all energy sources; the subsequent connection of equipment to energy sources must not pose any risk to workers;
(m) the equipment of the workplace where the device, the control to stop one or all devices, depending on the type of risk, is located;
(n) fastening, anchoring or securing the device or part thereof in an appropriate manner, if necessary for safe operation and use;
(o) not to endanger workers by risk factors such as noise, vibrations or temperatures developed by equipment;
(p) where necessary, markings of warning or information marks, communications, markings or signals which are understandable, of a unambiguous nature and which must not be damaged by the normal operation of the equipment; and
(r) equipment suitable for protective equipment and protection against life and health risks in order to protect workers in particular:
1. before falling, departing or discharging objects released from the installation;
2. prior to the risk of fire or explosion followed by fire or the effects of explosive mixtures of substances manufactured, used or stored in equipment;
3. before the hazards arising from the discharge or leakage of gaseous, liquid or solid emissions;
4. prior to possible damage to the health of the worker caused by the capture or destruction of the moving part of the device.
(2) The repair, adjustment, modification, maintenance and cleaning of equipment is only carried out if the equipment is disconnected from the energy supply; If technically impossible, appropriate protective measures shall be taken.
(3) The operator must be able to satisfy himself that there is no employee in dangerous areas; if this requirement cannot be met, the safety system must give a audible or visible warning signal before starting or stopping the device, where appropriate, so that workers present in a dangerous area always have sufficient time to leave the dangerous area.
(4) Protective equipment
(a) they must have a rigid structure resistant to damage;
(b) be located at a safe distance from the dangerous area;
(c) shall not prevent assembly, repair, maintenance, adjustment, handling and cleaning; the employee's access must be limited to the part of the installation where the activity is carried out, without removing the protective equipment, if possible;
(d) they must not be easily removable or detachable;
(e) it shall not restrict the vision of the operation of the equipment more than is strictly necessary;
(f) they must comply with the additional technical requirements for blocking or securing provided for by a specific legislation or, where appropriate, with a standard value, unless further requirements result from a specific legislation.
(5) Additional requirements for safe operation and use
(a) the lifting equipment and staff are listed in Annex 1 to this Regulation;
(b) the lifting and moving equipment for suspended loads is listed in Annex 2 to this Regulation;
(c) mobile equipment are listed in Annex 3 to this Regulation;
(d) the equipment for the continuous transport of costs is listed in Annex 4 to this Regulation;
(e) fixed bulk storage facilities are listed in Annex 5 to this Regulation.
(1) The safety check for the operation of the equipment before putting into service is carried out according to the manufacturer's accompanying documentation. If the manufacturer is not known or if the accompanying documentation is not available, the scope of the device inspection shall be determined by the employer by the local safety safety regulation.
(2) The equipment must be equipped with operational documentation. Subsequent checks shall be carried out at least once every 12 months to the extent specified by the local operational safety regulation, unless specific legislation, accompanying documentation or standard values provide for the scope and frequency of subsequent checks elsewhere. 4)
(3) The operational documentation shall be kept throughout the operation of the installation.
This Regulation shall enter into force on 1 January 2003.
Prime Minister:
Ing. Zeman v. r.
1. Prime Minister and Minister for Labour and Social Affairs:
PhDr. Špidla v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 378 / 2001 Coll.
Additional requirements for safe operation and use of lifting equipment and personnel
Other requirements for safe operation and use of loads and staff lifting equipment are:
1. Strength and stability during use with regard to the size and weight of the loads raised and to the stress generated at anchoring or securing points of the structure; for mobile equipment, its stability with regard to the expected operating conditions and characteristics of the ground on which it moves.
2. Avoiding the possible capture, pressing or smashing of the staff member.
3. Preventing the fall of the device or part thereof or a dangerous shift.
4. Preventing the voluntary release of work equipment or parts thereof.
5. Marking of nominal load capacity and, where necessary, nominal load capacity for each operating position of the device.
6. Labelling of lifting devices so that the characteristics relevant to their safe use can be identified.
7. Measures to ensure that workers are not placed under a suspended load, unless the specific conditions of work laid down in the local operational safety regulation so require, and that the burden is not carried over over unprotected workplaces, and where this is not possible to ensure the safety of workers.
8. Choice of binding devices with regard to the handled load, gripping and binding points and weather conditions, depending on the way and arrangement of the binding devices.
9. Storage of suspension devices so as to avoid confusion or damage.
10. A clear indication of the temporarily installed equipment so that the operator can determine its characteristics and thus ensure its safe use.
11. A clear and appropriate indication of equipment not intended for the lifting of workers by prohibiting the lifting of persons.
The specific requirements for the use of safe lifting equipment are:
1. Preventing the fall of workers and equipment; if the cabin falls cannot be prevented, the use of suspension ropes with an increased strength coefficient and their control every day when the device is used.
2. Avoiding the possibility of capturing, pressing or striking employees.
3. Preventing cab workers from being compromised and allowing them to be evacuated or released easily.
4. The use of loads lifting equipment in exceptional cases and staff lifting shall be possible only if appropriate measures are taken to ensure their safety; the operation at the control station shall be able to communicate with the staff raised by reliable means and, in the event of danger, reliable means shall be available for the evacuation or removal of the staff raised if necessary.
5. Stopping the operation of equipment installed outdoors if weather conditions deteriorate to such a degree as to endanger the safe use of equipment or the safety and health of workers and to limit other risks arising from this situation for operators and workers.
Příloha č. 2
Annex No 2 to Government Decree No 378 / 2001 Coll.
Additional requirements for safe operation and use of suspension lifting and moving equipment
Additional requirements for safe operation and use of suspension lifting and moving equipment are:
1. Choice, control and conduct of all operations to ensure the safety and health of workers.
2. Protection against tilting, flipping, sliding or sliding loads; regular inspection and maintenance of equipment.
3. Measures to prevent a collision of the load or parts of the device with the surrounding objects or with personnel present in its handling area, in the event that the operator cannot monitor the track of the lifted and moved load throughout its movement.
4. The method of tying or untying the load by the authorised staff member shall always be coordinated and in full cooperation with the operator who controls the lifting device.
5. Ensuring coordination between operators when loads are lifted or moved by two or more devices.
6. Preventing collisions of equipment or parts thereof or collisions with loads where two or more devices are so located that their handling areas overlap.
7. Supervision of the suspended load by an employee authorised by the employer, unless access to a dangerous area is restricted and the suspended load is ensured when the propulsion fails.
8. Protection of the employee in the event of partial or total failure of propulsion and risk of falling load.
9. Stopping the operation of equipment installed in the outdoor area if weather conditions deteriorate so much as to endanger the safe use of equipment or the safety and health of workers; taking appropriate measures to prevent the voluntary movement of equipment or the roll-over of equipment.
Příloha č. 3
Annex No. 3 to Government Decree No. 378 / 2001 Coll.
Additional requirements for safe operation and use of mobile equipment
Other requirements for safe operation and use of mobile equipment are:
1. Equipment of operator-controlled equipment suitable for protecting the risk of injury that may arise as a result of the capture of the employee by mobile parts of the installation.
2. Equipment for the propulsion unit by means of a protective device against damage in case of accidental arrest, arrest or arrest of accessories or additional or towed devices; all available measures shall be taken if entanglement, entanglement or entanglement cannot be prevented.
3. Ensuring the operational condition of the propulsion units if they have been contaminated or damaged.
4. Security of the operator-controlled device before overturning when operating under normal conditions, by a protective device which ensures that the mobile device is not tilted by more than a quarter of the maximum inclination or structure, which ensures sufficient space around the service even if the tilting is greater than a quarter of the maximum inclination or other technical measures having the same effect; protective structures are not necessary if the device is stabilised during operation or if its design makes it impossible to roll over; If there is a risk of pressing the roll-over operator, only those devices equipped with a restraint system, such as safety belts, may be used.
5. Equipment for lifting a handling trolley ("trolley") with a roll-over risk limiting device such as:
(a) the service protective structure;
(b) the structure preventing the trolley from rolling over;
(c) structures ensuring sufficient safe space between the trolley, terrain or floor when the service is turned over;
(d) a restraint system ensuring that the operator is restrained to the seat in order to prevent it being pressed over the trolley.
6. Requirements for mobile equipment which may endanger workers in its vicinity are:
(a) security against the launch of unauthorised personnel;
(b) equipment which minimises the consequences of a collision if more than one unit is present on the guide;
(c) equipment for braking and stopping devices; If the safety of the staff so requires, emergency braking equipment with readily accessible controls or automatic systems in the event of failure of the main braking and stopping system,
(d) addition of a system to improve visibility if the operator's visual field is insufficient;
(e) fitting with appropriate lighting to allow safe use of the equipment at night or in a low visibility environment;
(f) equipment of the necessary number of suitable types of fire-fighting equipment, means of fire protection in kind, or fire-safety equipment where appropriate; This does not apply if these are located within the range of mobile work equipment,
(g) protection of remote controls against damage, automatic stopping of the device if the self-propelled mobile device reaches or there is an obstacle in its handling area.
7. Equipment of towed, towed or carried equipment in the case of the transport of workers by appropriate protective equipment; adaptation of speed when the device carries out work during towing, towing or carrying.
8. Prohibition of the use of combustion engine equipment without a catalyst in the employer's closed spaces and workplaces.
Příloha č. 4
Annex No. 4 to Government Decree No. 378 / 2001 Coll.
Additional requirements for safe operation and use of continuous freight transport equipment
Other requirements for the safe operation and use of continuous freight transport equipment are:
1. Ensure safe access to and safe execution of all service platforms or rest areas.
2. Protection of the openings of the closed parts of the device allowing access to moving parts of locking or blocked protective devices.
3. Measures against the accidental fall of bulk bulk costs or the fall of individual loads transported over unprotected workplaces or roads.
4. Mutual blocking of central and local device control.
5. Processing of a local operational safety regulation in which the employer shall indicate:
(a) staff authorised to use the equipment and keep a record of the use of the equipment and the number of operating hours;
(b) the dates, scope and method of carrying out checks on establishments;
(c) the technological procedure for the use of equipment, including operations and activities prohibited;
(d) measures to ensure safety of work in a harmful environment in the detection of hazardous substances and to protect against static electricity discharges.
Příloha č. 5
Annex No 5 to Government Decree No 378 / 2001 Coll.
Additional requirements for safe operation and use of fixed bulk storage facilities
Additional requirements for the safe operation and use of fixed bulk storage facilities (hereinafter referred to as "storage facilities'), which are stable facilities or spatial structures allowing the storage of bulk mass in excess of 3 m3 and in which bulk matter in excess of 1,5 m can be stored, are:
1. Preventing access to a dangerous area in which employees could be captured.
2. Protection against falling, departing or scattered bulk matter and preventing unwanted intrusion into storage facilities.
3. Protection against the dangerous effects of static electricity.
4. Preventing the occurrence of a fire or explosion followed by a fire in the event of a potential risk of accumulation of gaseous or solid emissions or their mixtures at explosive concentrations.
5. Determination of the size and shape of the holes of the protective devices, taking into account the dangerous space and taking into account the characteristics, structure and quantity of bulk material stored and the possibility of employees being implanted in the storage facility.
6. Security of access and openings to enclosed hazardous areas against unwanted entry or accidental fall of workers; protection of entrances to an open storage facility where there is the possibility of permanent access to the upper hole before falling inside the storage facility by a fixed railing with a top handle at a height of 1,1 m
7. Ensuring reliable leakage of discharge holes and their seals to match the properties of stored bulk mass, maximum allowable pressure or vacuum and to avoid accidental opening.
8. Security of installed protective devices against spontaneous release; locking of removable parts with a key or other tool.
9. Establishment of platforms and access platforms for operators of a width of not less than 0.5 m
10. Equipment with effective protective equipment to reduce dangerous concentrations of pollutants.
11. Adoption of security measures to prevent the formation of vaults, funnels, overhang of stored materials or their sticking on the walls of the storage facility, to prevent the accumulation of stored bulk material in the vicinity of fillers of storage facilities located below ground or floor levels above 1,5 m from the surrounding ground or floor level.
12. Provision of lighting, including emergency lighting, in the handling area where operators and employees are staying.
13. Processing of the local operational safety regulation in which the employer indicates
(a) staff authorised to use the storage facility and keep a maintenance record containing the dates, scope and manner of its implementation;
(b) arrangements for entry into the storage facility, in particular the technological process, the way in which the signal is made, the protection against unwanted start-up, the security of the staff and their provision when entering the storage facility by at least two other employees with a tight locking rope and with constant supervision;
(c) measures to ensure safety of work in a harmful environment in the detection of hazardous substances and protection against static electricity discharge;
(d) the way in which entry holes are secured to closed storage facilities;
(e) a technological procedure for operators if emptying is interrupted;
(f) the dates and scope of checks on the properties of stored bulk materials in terms of possible self-ignition or explosion;
(g) prohibited operations and activities, in particular entry through the discharge hole, where the storage facility is not empty, entry into the storage material, control of the storage device closure from the loading area of the means of transport and stay on its loading area throughout the period of loading or emptying.
1) Council Directive 89 / 655 / EEC on minimum requirements for the safety and health of workers when using work equipment at work (second individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC), as amended by Council Directive 95 / 63 / EC.
2) For example Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll. and Act No. 124 / 2000 Coll., Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 189 / 1999 Coll., Act No. 23 / 2000 Coll., Act No. 71 / 2000 Coll. and Act No. 132 / 2000 Coll.
3) Act No. 102 / 2001 Coll., on general product safety and amending certain laws (Act on general product safety).
4) For example, Decree No. 18 / 1979 Coll., which designates dedicated pressure equipment and lays down certain conditions for ensuring its safety, as amended by Decree No. 97 / 1982 Coll., Decree No. 551 / 1990 Coll. and Government Decree No. 352 / 2000 Coll., Decree No. 19 / 1979 Coll., which designates dedicated lifting equipment and lays down certain conditions for ensuring their safety, as amended by Decree No. 552 / 1990 Coll. and Government Decree No. 352 / 2000 Coll.
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Regulation Information
| Citation | Government Regulation No. 378 / 2001 Coll., laying down further requirements for the safe operation and use of machinery, technical equipment, apparatus and tools |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.11.2001 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Health and safety at work
Labour law
The regulation text is for informational purposes only.
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