HAVER & BOECKER

Every employer / supervisor is responsible for the hazards assessment of the machines and equipment used!

§ 1 Area of Application

(1) This ordinance applies to the provision of work devices or equipment by the employer as well as the use of such work devices or equipment by employees for work.

§ 2 Definitions

(1) Work devises or equipment regarding this ordinance are tools, appliances, machines or plants...

(7) Qualified persons with regards to this ordinance are persons who have the necessary knowledge for checking work devices or equipment because of their education, work experience and realtime occupational activity.

§ 3 Hazard Assessment

(1) The employer must conduct the hazard assesment in accordance to § 5 of the Work Safety Act.

(3) The type, extent and dates for the necessary inspections for the work devices and equipment must be determined. In addition the employer must determine the necessary requirements that must be fulfilled by the persons instructed to do the inspection or testing of work devices.

§10 Inspection of Work Devices and Equipment

(1) The employer must assure that the work devices or equipment, whose safety depends on the installation conditions, are inspected after their installation, before first-time start-up and after each installation at a new jobsite or location. ... The inspection may be done only by qualified personnel.

(2) If the work devices or equipment are subject to damage causing influences that could lead to dangerous situations, then the employer must order an inspection and a trial operation of the work device or equipment by qualified personnel, in accordance to the frequency stated in §3 Sect. 3. The employer must authorise an inspection of the work devices or equipment by a qualified person without delay in the event of the occurrence of an unusual happening that could have a damaging effect on the safety of the work device or equipment. Unusual occurrences with respect to No. 2 may be unusual accidents, modifications to the work device or equipment, long periods of non-use or natural events.

(3) The employer must assure that the work devices or equipment are checked over by qualified persons for safe operation after any maintenance work that could adversely effect the safety of the work device or equipment.
(4) The employer must assure that the inspections and results of the hazard assessment are sufficient, as to §3.

§11 Records

The employer must assure that the results of the inspections are recorded in accordance to §10. The responsible authorities may request that the
records, also at the plant location, be made available to them. The records must be stored for an appropriate time period, at least until the next inspection.
In the event that work devices or equipment subject to §10 Sect. 1 and 2 are used outside of the company, then a certification of the last inspection must be available.