Executive Order on occupational safety and health training

Transcription

1 Executive Order on occupational safety and health training Executive Order no of 28 November 2011 issued by the Danish Working Environment Authority unofficial version THE COMPILATION OF EXECUTIVE ORDERS comprises the following No of 28 November 2011 which entered into force on 1 January 2012, and No. 406 of 1 may 2012 which entered into force on 15 May 2012 The following provisions are laid down pursuant to sections 41, 41b, 74, 76 and 84 of the Working Environment Act, cf. Consolidating Act no of 7 September 2010, and by order pursuant to section 73 of the said Act: Part 1 Scope etc. 1. (1) The object of this Executive Order is to describe the situations in which training shall have been completed or a test shall have been passed before it is permitted to perform work which may involve substantial risks of accidents or disease pursuant to section 41 of the Working Environment Act. (2) Furthermore the object is to describe the qualifications required after the completion of training or after passing a test. (3) Finally the object is to describe the situations in which the requirement for training or a test may be derogated from. 2. The requirement for training or a test shall apply for anyone performing work, including employees, employers and self employed persons, unless otherwise stated in the individual provisions. 3. The employer shall ensure that work, which may involve substantial risks of accidents or disease and for which according to this Executive Order there is a requirement for training or a test, is only performed by persons who have completed the relevant training or passed the relevant test, cf. however, Part 8. Part 2 Requirement for training and a test as well as description of the qualification requirements for work with cranes, forklift trucks, stackers and telescope loaders 4. (1) Mechanically driven cranes and similar hoists, which can lift a free hanging load and which have at least one mechanically driven movement in addition to raising and lowering may only be operated by a person holding a crane operator's certificate. Annex 1 describes the qualifications required before a crane operator's certificate can be issued. (2) A crane operator's certificate is not required for: 1. Cranes and similar hoists, such as traverse cranes, for which the strain from the load always falls within the supporting surface of the crane, such that the load will not impart a tipping 1/7

2 moment on the crane, and for which the maximum permissible load is no more than 5000 kg. 2. Console cranes with a maximum permissible load of no more than 5000 kg. 3. Truck mounted cranes of no more than 8 tonnes/metre. 4. Cranes and similar hoists on which the load is transported in a manner that makes it is impossible for the load to drop or swing such that it causes injury to persons. 5. Cranes and similar hoists used for serial lifting with lifting tackle designed for the purpose, such as lifting uniform items as part of a delimited work process and with a maximum lift height, i.e. the height from the surface to the lowest point of the load, of 1.5 m. 6. Cranes and similar hoists belonging to a ship and operated by the ship's crew. (3) A crane operator's certificate is not required for construction machinery used as cranes in connection with the normal working operations of such machines, if: 1. there are no persons in the immediate vicinity of the load when it is lifted, transported or set down. However it is permitted to move the load into place during set down, 2. the load is not lifted more than about 1 metre above the ground, 3. the machines are inspected and maintained in accordance with instructions from the supplier, and 4. the instructions for use and maintenance from the supplier are on the machine. (4) The exemptions in subsections (2) and (3), except for subsection (2), point 4, shall not apply for: 1. Lifting loads with two or more cranes. 2. Lifting persons with cranes. 5. (1) Forklift trucks and stackers, which mechanically lift the load along one side of a vertical mast and are driven mechanically, may only be operated by a person holding a forklift driver's certificate. Sections 2.1 and 2.2 of annex 2 describe the qualifications required before a forklift driver's certificate can be issued. (2) A forklift driver's certificate is not required for: 1. Forklift trucks and stackers with a lift height of no more than 1 metre. 2. Forklift trucks and stackers which are always guided by rails, tracks or similar, for example track guided picking trucks and rack stackers. 3. Forklift trucks and stackers which belong to a ship and which are operated by its crew. (3) A forklift driver's certificate is not required for agricultural tractors with a forklift aggregate or similar equipment, which lifts the load along the side of a vertical mast and the highest lift height does not exceed 3.3 m, and the operator holds at least a tractor driver's certificate. This exemption shall only apply, however, for agricultural use of the tractor, and only for tractors which have not been commercially hired out with a driver from machine pools and similar. (4) Forklift trucks fitted with an independent moveable crane arm may only be operated by persons holding a crane operator's certificate. 6. (1) Telescope loaders with a mechanical load lifting device located at the end of a telescopic arm and with an extension of more than 1.5 metres may only be operated by persons holding an operator's certificate for telescope loaders or forklift trucks. Section 2.3 of annex 2 describes the qualifications required before an operator's certificate for telescope loaders can be issued. (2) Telescope loaders designed and used for crane work may only be operated by persons holding a crane operator's certificate or an operator's certificate for telescope loaders. (3) There is no certificate requirement for telescope loaders used as cranes in connection with the normal working operations of the machines if 1. the load is not lifted more than about 1 metre above the ground, 2. there are no persons in the immediate vicinity of the load when it is lifted, transported or set down. However it is permitted to move the load into place during set down, and 3. the machines are inspected and maintained in accordance with instructions from the supplier, 2/7

3 and if the instructions for use and maintenance from the supplier are on the machine. (4) Operators of telescope loaders fitted with a lifting yoke for containers and which are used in terminal areas shall hold a forklift driver's certificate, crane operator's certificate or an operator's certificate for telescope loaders. (5) An operator's certificate for telescope loaders also entitles the holder to drive a tractor with a fork aggregate or similar equipment which lifts loads along the side of a vertical mast. 7. Annexes 1a and 2a of this Executive Order describe which type of certificate a person shall hold in order to operate a crane, stacker, forklift truck, or telescope loader. 8. Certificates may only be issued to those who: 1. can produce evidence that they have passed a test which confirms that the person holds the necessary theoretical and practical qualifications required to operate the technical equipment for which a certificate is being applied, and 2. are in good health such that they can operate the technical equipment. This may be documented by either a driving licence or the health certificate issued in connection with the issue of a driving licence. Part 3 Training requirements as well as description of qualification requirements for work with elevators etc., steam boilers etc. and refrigeration plant 9. (1) Inspection, maintenance and repair work on elevators etc. may only be performed by persons who have completed special training and who hold a training certificate. Annex 3 describes the qualifications required before a training certificate can be issued. (2) Persons who had at least ten consecutive years' experience within the elevator sector no later than 1 July 2002 shall be exempt from subsection (1). 10. (1) Independent monitoring of steam boilers etc. in control class A may only be performed by persons holding an advanced boiler attendant certificate. Annex 4 describes the qualifications required before a certificate can be issued. (2) In addition to that stated in subsection (1), a person may supervise monitoring of steam boilers etc. or independently monitor steam boilers etc. in control class A, if said person has other training and experience corresponding to the requirements in subsection (1). There shall be documentation, in the form of attestations of competence or certificates of formal qualifications or similar, that persons have the qualifications and practical experience to satisfy the requirements stated in annex 4. (3) Independent monitoring of steam boilers etc. in control class B may only be performed by persons holding an ordinary boiler attendant certificate. Annex 4 describes the qualifications required before a certificate can be issued. (4) In addition to that stated in subsection (3), a person may supervise monitoring of steam boilers etc. in control class B, if said person has other training and experience corresponding to the requirements in subsection (3). There shall be documentation, in the form of attestations of competence or certificates of formal qualifications or similar, that persons have the qualifications and practical experience to satisfy the requirements stated in annex (1) Independent work involving installation, fitting, start up, repair, maintenance, shut down including emptying, as well as annual inspection of equipment involving refill of more than 2.5kg refrigerant in a refrigeration plant etc. may only be performed by persons who have completed a training course and who hold a certificate. Annex 5 describes the qualifications required before a certificate can be issued. (2) The work mentioned in subsection (1) may only be performed by other persons, if a trained fitter, cf. subsection (1), supervises their work and provides regular qualified instruction. 3/7

4 Part 4 Training requirements as well as description of the qualification requirements for work with hazardous substances and materials 12. Demolition work with asbestos containing materials inside buildings and on ships, trains, machines etc. in which this material has been used for insulation against heat, cold, noise, damp and fire may only be performed by persons who have completed training and hold a training certificate. Annex 6 describes the qualifications required before a training certificate can be issued. 13. (1) Work with styrene in polyester moulding, and smoothing work in connection with the finish in polyester moulding may only be performed by persons who have completed training and hold a training certificate. Annex 7 describes the qualifications required before a training certificate can be issued. (2) There are no training requirements for working with finished hardened polyester. (3) Similarly, work with styrene in polyester moulding, and smoothing work in connection with the finish in polyester moulding may be performed by persons who have been been instructed in appropriate performance of the work in terms of safety and health by a person who has completed such training. Instruction shall be repeated at intervals of four weeks until the special training course pursuant to subsection (1) has been completed. (4) Before work with polyester moulding, and smoothing work in connection with the finish in polyester moulding is commenced, the relevant persons shall be enrolled on the first available training course. The training course shall be completed within two months of the commencement of the work. Instruction pursuant to subsection (3) shall be repeated until training has been completed. 14. (1) Welding work and thermal metal cutting as well as associated finishing and grinding may only be performed by persons who have completed training and hold a training certificate. Annex 8 describes the qualifications required before a training certificate can be issued. (2) There are no training requirements for self employed farmers without employees. 15. (1) Work with asphalt materials in the form of road asphalt, mastic asphalt, roofing or bridge insulation and other water pressure and damp proofing work with bitumen products may only be carried out by persons who have completed training and hold a training certificate. Annex 9 describes the qualifications required before a training certificate can be issued. (2) The provision in subsection (1) shall not apply for work with asphalt materials in the form of roofing, if the persons performing the work have worked with asphalt materials in the form of roofing before entry into force of this Executive Order. (3) The provision in subsection (1) shall not apply for bridge insulation work or other water pressure and damp proofing work with bitumen products, if work is with unheated asphalt materials, such as wind sheathing or housewrap, which does not contain organic solvents. The provision in subsection (1) shall apply, however, if air pollution is formed during the work process. (4) Similarly, work with asphalt materials in the form of road asphalt, mastic asphalt, roofing or bridge insulation and other water pressure and damp proofing work with bitumen products may be performed by persons who have been instructed in appropriate performance of the work in terms of safety and health by a person who has completed such training. Instruction shall be repeated at intervals of four weeks until the special training course pursuant to subsection (1) has been completed. (5) For work mentioned in subsection (4), the relevant persons shall be enrolled on and have completed the first available training course. Until the training course has been completed, instruction shall be repeated pursuant to subsection (4). 16. (1) Work with epoxy and isocyanates may only be performed by persons who have completed training and hold a training certificate. Annex 10 describes the qualifications required before a training certificate can be issued. 4/7

5 (2) Subsection (1) shall not apply for manufacture of epoxy and isocyanates. Part 5 Training requirements as well as description of the qualification requirements for erecting and dismantling scaffolding 17. (1) The following scaffolding may only be erected, changed or dismantled by persons who have completed a training course: 1. Scaffolding more than three metres high. 2. Chimney and ridge scaffolding and suspended scaffolding which is more than three metres above the surrounding surface. Employees shall hold a training certificate. Annex 11 describes the qualifications required before a training certificate can be issued. (2) Persons who, before 15 July 2006, have completed and passed a competence clarification course for experienced scaffolders designed by the social partners may, however, erect, change and dismantle scaffolding which is more than three metres high or chimney and ridge scaffolding and suspended scaffolding which is more than three metres above the surrounding surface. (3) Scaffolding which is less than three metres high as well as chimney and ridge scaffolding and suspended scaffolding less than three metres above the surrounding surface may only be erected, changed and dismantled by persons who have received special and complete instruction, in particular with regard to 1. understanding instructions for erection, dismantling and changing the relevant scaffolding, 2. safety during erection, dismantling and changing the relevant scaffolding, 3. measures to mitigate the risk that people and objects fall from the scaffolding, 4. safety measures in the event of changes in weather conditions which could endanger safety on the relevant scaffolding, 5. permitted loads, and 6. other risks in connection with the above erection, dismantling and changes. (4) Subsections (1) (3) shall only apply for employees. Part 6 Documentation for completion of training and tests etc. 18. The employer or the self employed person shall, on request, be able to document for the Danish WEA that persons who perform work which, pursuant to this Executive Order, requires completion of training or a test, have the relevant training or have passed the relevant test. 19. Persons who have completed training or who have passed a test pursuant to this Executive Order may, in addition to a training certificate or similar, document this with a journeyman's certificate or other general certificate for completion of training, if such training was part of an apprenticeship at the time it was completed. 20. Training pursuant to this Executive Order may be completed as part of a specialist vocational education and training programme or as a separate training programme. 21. (1) Training programmes in this Executive Order, including approval of the educational institution, shall be completed in accordance with the regulations in legislation from the Ministry of Children and Education on vocational education and training programmes and the adult vocational training system. (2) The Danish WEA may approve hospitals and other institutions to manage teaching on work with isocyanate based plaster bandages and similar isocyanate based products within the health sector. 22. (1) The Ministry of Children and Education issues training certificates or certificates of education after completion of training in accordance with legislation on vocational education and training programmes and the adult vocational training system. 5/7

6 (2) Training certificates or certificates of education may be in electronic form. 23. (1) The certificates mentioned in Part 2 shall be issued after a test have been passed pursuant to the Adult Vocational Training System Act (lov om arbejdsmarkedsuddannelser) by educational institutions approved pursuant to the Adult Vocational Training System Act or pursuant to legislation on vocational education and training programmes. (2) The director general of the Danish WEA shall stipulate the scope of the test requirements for the individual types of certificate. (3) The detailed test requirements shall be described and follow from the guidelines for examiners prepared in collaboration with the Danish WEA by the relevant continuing training committee established pursuant to the Adult Vocational Training System Act (lov om arbejdsmarkedsuddannelser), or the relevant specialist committee established pursuant to legislation on vocational education and training programmes. Educational institutions shall comply with the requirements in the guidelines for examiners. 24. The duration of training pursuant to this Executive Order shall be stipulated by the Danish WEA in collaboration with the relevant continuing training committee established pursuant to the Adult Vocational Training System Act (lov om arbejdsmarkedsuddannelser), or the relevant specialist committee established pursuant to legislation on vocational education and training programmes. Part 7 Age requirements 25. (1) Certificates pursuant to Part 2 of this Executive Order as well as sections 10 and 11 may only be issued to persons who have reached the age of 18 years or more. (2) Certificates pursuant to Part 2 of this Executive Order may, however, be obtained by young persons of 15 years or more, if this is a necessary part of a vocational education programme, which is regulated by law or pursuant to law and if the certificate is necessary for completion of the specific education programme. Part 8 Exemptions from the training requirement 26. There are no training or test requirements pursuant to this Executive Order for the training programmes regulated in Part 3 during the training course itself, if work is performed as a necessary part of a vocational education programme regulated by law or pursuant to law. 27. With regard to persons who have obtained their professional qualifications abroad and who, on the basis of the foreign professional qualifications, perform or intend to perform activities in Denmark which involve training requirements or a test, the regulations in the Executive Order on recognition of professional qualifications obtained abroad (bekendtgørelse om anerkendelse af erhvervsmæssige kvalifikationer erhvervet i udlandet) shall apply. 28. With regard to the possibility for individual competence assessment, the regulations issued by the Ministry of Children and Education on individual competence assessment shall apply, cf. the Adult Vocational Training System Act (lov om arbejdsmarkedsuddannelser), or pursuant to the regulations in vocational education and training legislation. This shall not apply, however, for any test or exam requirements for issue of a training certificate or certificate of education. Part 9 Exemption 29. In exceptional circumstances, the Danish WEA may, in individual cases grant derogations from the provisions of this Executive Order, where this is deemed reasonable and fully acceptable. Part 10 Appeals and penalties 30. Any decisions made by the Danish Working Environment Authority under this Executive Order 6/7

7 may be appealed in accordance with section 81 of the Danish Working Environment Act. 31. (1) Unless a more severe penalty is prescribed by the Working Environment Act or any other legislation, the following shall be subject to a fine or imprisonment of up to two years: 1. failure to comply with sections 4 6 and 9 18, 2. failure to comply with any improvement notice or prohibition notice issued in accordance with the provisions of this Executive Order, or 3. failure to comply with the terms of authorisations issued pursuant to the provisions of this Executive Order. (2) An employer may be subject to a fine for the contraventions mentioned in subsection (1), even if he has not acted intentionally or negligently. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. There shall be no alternative penalty in lieu of the fine. (3) Companies, etc. (legal persons) may incur criminal liability according to the regulations in chapter 5 of the Criminal Code. Part 11 Entry into force 32. This Executive Order shall enter into force on 1 January At the same time as entry into force of this Executive Order, Executive Order no. 382 of 23 April 2007 on operator's certificates for cranes and forklift trucks etc. shall be repealed. Danish Working Environment Authority 28 November 2011 Jens Jensen / Jeanne Borgqvist Arbejdstilsynet Postboks København C Telefon Fax at@at.dk 7/7