109Powered mobile plant

109 Powered mobile plant

(1) An employer or self-employed person must,
so far as is reasonably practicable, eliminate the following risks or, if it is not reasonably practicable to eliminate the risks, reduce them so far as is reasonably practicable—

(a) powered mobile plant overturning;

(b) objects falling on the operator of the powered mobile plant;

(c) the operator being ejected from the powered mobile plant;

(d) powered mobile plant colliding with pedestrians or other powered mobile plant.

(2) The employer or self-employed person must ensure, so far as is reasonably practicable, that an appropriate combination of operator protective devices is provided, maintained and used to reduce so far as is reasonably practicable the risks to the operator set out in subregulation (1)(a), (b) and (c).

(3) Subregulation (2) does not apply in relation to the fitting of roll-over protection on a tractor that conveys its power to the ground directly by wheels.

See regulation 111.

(4) An employer or self-employed person must ensure, so far as is reasonably practicable, that no person, other than the operator, rides on powered mobile plant unless the person is afforded a level of protection from exposure to any risk that is equivalent to that provided to the operator.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.