Work equipment legislation
When using lifting equipment, legal requirements apply to ensure that the equipment can be used safely throughout its entire service life. These obligations arise from European and Dutch legislation and are aimed not at the manufacturer, but at the person who uses or makes the equipment available.
On this page, you can read which rules apply: from the European Work Equipment Directive to the Working Conditions Act and the Working Conditions Decree. This makes clear what is expected of employers, owners and users in order to use, maintain and inspect lifting equipment safely.
1. Work Equipment Directive (89/655/EEC)
Where the Machinery Directive is aimed at manufacturers and importers, the Work Equipment Directive is aimed at the person who uses the machinery or is responsible for its safe use. In practice, this is almost always the employer or owner of the work equipment.
This Directive:
- regulates the safe use of work equipment
- places responsibilities on the employer/user
- requires instruction, supervision, inspection and maintenance
- helps ensure that machinery continues to operate safely throughout its entire service life
The Directive was introduced to ensure that all European Member States maintain an equivalent level of safety protection. This means that countries are required to establish national rules governing the safe use, periodic inspection and appropriate maintenance of work equipment.
The obligations arising from this Directive lie with the employer or owner. Among other things, they must:
- ensure that work equipment is safe and suitable
- supervise its correct and safe use
- instruct and train users
- ensure that maintenance and periodic inspections are carried out
The Work Equipment Directive therefore forms the basis for national legislation and regulations relating to the safe use of machinery and equipment in the workplace.
2. Dutch legislation on safe and healthy working
2.1 Working Conditions Act
The Working Conditions Act forms the foundation of the Dutch occupational health and safety system.
This framework legislation sets out the general obligations applicable to all situations in which work is carried out — including within associations, foundations and occasional work.
As it is framework legislation, it does not contain detailed requirements. Instead, the Working Conditions Act refers to the Working Conditions Decree and the Working Conditions Regulation, in which specific obligations are further elaborated. The full and current text of the Working Conditions Act can be found on the Dutch Government website.
2.2 Working Conditions Decree
The Working Conditions Decree is a practical elaboration of the Working Conditions Act.
It sets out the rules and obligations that both employers and employees must follow in order to prevent or reduce occupational risks. These rules are legally binding.
The minimum requirements of the European Work Equipment Directive have been incorporated into the Working Conditions Decree. This means that all work equipment in the Netherlands must comply with these requirements, both when it is acquired and during its use.
For lifting equipment, the following provisions are particularly relevant:
- Articles 7.2 and 7.3 → requirements for the acquisition and making available of work equipment
- Articles 7.4a, 7.18, 7.18a, 7.20 and 7.29 → use, risk reduction, maintenance and inspection.
In addition, the Working Conditions Decree contains supplementary or different rules for specific sectors and categories of workers. The full text is also available on the Dutch Government website.
These rules explain what is required to use, maintain and make lifting equipment available safely in daily practice. Together, these obligations form the next part of the machinery safety legislation: the Machinery Directive governs the safe placing of machinery on the market.
Questions about work equipment legislation
Do you have any questions or would you like assistance with implementation? EKH and one of our affiliated members are ready to help.