In order to comply with the regulations users should comply with the seat belt requirements and should seek advice from the local Factory Inspectorate if they are not sure of the requirements.
It is acknowledged that some older trucks cannot have restraints fitted and some, such as those with unsecured batteries, would become more dangerous if they were. This problem has been overcome by making the actual use of the equipment the determining factor. This means that a risk assessment is required for each task that the truck is likely to perform. In each case an assessment must be made about the potential for overturn and if there is a chance of it then a truck fitted with restraints must be used. If there is a negligible chance that the truck could overturn then a truck without restraints may be used.
Since the safety of lift truck operators is the responsibility of the employer it follows that the employer must be responsible for the risk assessment and must be capable of identifying a low risk of truck overturn.
The regulations also have the effect that newly hired trucks be treated as new. This means that trucks coming under a new hire arrangement should be fitted with restraints. Where this is impracticable then again a risk assessment is required by the employer to justify a low risk of overturn when the truck is in use. It would be a good idea in these circumstances if the risk assessment were to be conducted jointly by the supplier and the employer and in reality many companies will do this. It should remain clear however that the final responsibility for the risk assessment rests solely with the employer.
Guidance on Risk Assessment>>
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