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The examination of work equipment, including lifting appliances and lifting accessories, is subject to statutory requirements. Article 7.4a of the Working Conditions Decree describes when work equipment must be examined, who may carry out the examination and what documentation is required. This article also includes exceptions and specific provisions for particular categories, such as lifting appliances, lifting accessories and applications on board ships. The full text of the legislation is provided below.

On this page, you will find an explanation of the Working Conditions Act and the Working Conditions Decree, with particular attention to the employer’s duty of care and the examination of work equipment. This is followed by the text of Article 7.4a. This article also contains exceptions and specific provisions for particular categories, such as lifting appliances, lifting accessories and applications on board ships.

Working Conditions Act and Working Conditions Decree

The Working Conditions Act (Arbowet) forms the basis of Dutch legislation on safe and healthy working conditions. The Working Conditions Act is a framework act and contains general obligations for all workplaces.

The specific and mandatory rules are set out in the Working Conditions Decree (Arbobesluit). This decree includes, among other things, the European minimum requirements for work equipment. All work equipment must comply with these requirements.

For the examination and safe use of work equipment, Chapter 7 of the Working Conditions Decree is particularly relevant. This chapter contains provisions concerning the purchase, provision, use, maintenance and examination of work equipment, including Articles 7.2, 7.3, 7.4a, 7.18, 7.18A, 7.20 and 7.29.

The full texts of the Working Conditions Act and the Working Conditions Decree can be consulted via the Dutch Government and Arboportaal.

Working Conditions Decree

Article 7.4a. Examinations

  1. Work equipment whose safety depends on the manner in which it is installed shall, after installation and before being put into service for the first time, be examined to verify that it has been correctly installed and functions properly and safely.
  2. Work equipment as referred to in the first paragraph shall also be examined after each assembly at a new location or in a new position to verify that it has been correctly installed and functions properly and safely.
  3. Work equipment that is subject to influences that result in deterioration which may give rise to dangerous situations shall be examined as often as necessary to ensure that it remains in good condition, and shall, where necessary, be tested.
  4. Work equipment as referred to in the third paragraph shall also be examined, and where necessary tested, each time exceptional events have occurred that may have harmful consequences for the safety of the work equipment. Exceptional events shall in any event include: natural phenomena, modifications to the work equipment, accidents involving the work equipment and prolonged periods during which the work equipment has not been used.
  5. Examinations shall be carried out by a competent natural person, legal person or institution.
  6. Written evidence of the examinations carried out shall be available at the workplace and shall be presented to the supervisory authority upon request.
  7. This article does not apply to amusement and playground equipment to which the Commodities Act Decree on Amusement and Playground Equipment applies.
  8. The first to fifth paragraphs do not apply to scaffolding to which Article 7.34 applies.
  9. The first to third paragraphs do not apply to:
  1. [This paragraph has not yet entered into force.]
  2. The first and second paragraphs do not apply to pressure equipment to which Article 12b of the Commodities Act Decree on Pressure Equipment applies.
  3. The third paragraph does not apply to:
  • lifting accessories to which Article 7.20 applies;
  • containers to which the Commodities Act Decree on Containers applies;
  • cranes to which Articles 6d to 6f of the Commodities Act Decree on Machinery apply;
  • pressure equipment to which Article 12c of the Commodities Act Decree on Pressure Equipment applies.
  1. The fourth paragraph does not apply, with regard to modifications or repairs, to pressure equipment to which Article 12c of the Commodities Act Decree on Pressure Equipment applies.
  2. The first to third paragraphs do not apply to lifting appliances for the professional transport of persons to which the Commodities Act Decree on Machinery applies.
  • Lifting Appliances
  • Lifting Accessories
  • Lifting Appliances and Lifting Accessories on Board Ships

Duty of Care and Article 7.4a in Practice

The employer’s duty of care is central to the examination and, where applicable, testing of work equipment. This duty of care is laid down in Article 3 of the Working Conditions Act. The employer must ensure safe working conditions and work equipment that is suitable for the work and can continue to be used safely.

Article 7.4a of the Working Conditions Decree further elaborates on this obligation. This article makes clear that work equipment must be examined when safety depends on installation, when wear or use may lead to dangerous situations, and when exceptional events have occurred. Examples include a modification, repair, accident, prolonged period of non-use or assembly at a new location.

The examination must be carried out by a competent person, legal person or institution. Written evidence of the examinations carried out must also be available at the workplace. Additional or different provisions apply to certain categories, such as lifting accessories, cranes and applications on board ships.

In practice, an employer does not always have the specialist knowledge required to assess whether work equipment is safe and whether testing is necessary. A competent specialist is therefore often engaged for this purpose. Based on the work equipment, its use, its technical condition and the applicable requirements, this specialist determines whether an examination and any necessary testing are required.

Questions about statutory texts

Do you have questions about these statutory texts? For substantive questions and practical support, please contact EKH.

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