Legislations and Regulations
When designing, supplying, using, maintaining and inspecting lifting equipment and lifting appliances, an extensive framework of laws and regulations applies. EKH Association supports companies and inspectors in applying these laws and regulations. In doing so, EKH brings together relevant obligations and developments and makes them clear and practical.
This page provides insight into the main obligations and guidelines that apply to safe lifting operations.
In addition to legislation and regulations, EKH uses its own working instructions. These working instructions have been specifically developed for inspectors of lifting equipment and machinery. More information can be found via the button below.
1. General legal frameworks
The legislation and regulations listed below apply to the use, inspection, certification and testing of lifting equipment and appliances.
1.1 Working Conditions Act
The Working Conditions Act sets out the general responsibilities of employers and employees with regard to safe working practices. For lifting equipment, it forms the basis for safe use, instruction, supervision and maintenance.
1.2 Working Conditions Decree
The Working Conditions Decree provides a more detailed implementation of the Working Conditions Act and includes, among other things, provisions from the EC Work Equipment Directive. It sets out obligations relating to the safe use, periodic inspection and testing of work equipment.
1.3 Work Equipment Directive
This European Directive contains the minimum requirements for the safe use of work equipment. Its full content has been incorporated into the Working Conditions Decree and therefore applies directly to employers.
1.4 Machinery Directive & Machinery Regulation
The Machinery Directive 2006/42/EC contains requirements for new machinery and lifting equipment placed on the market. Among other things, the Directive sets out design and safety requirements that manufacturers must meet. In the Netherlands, it is incorporated into the Commodities Act. This Directive will be replaced by the Machinery Regulation (EU) 2023/1230 on 20 January 2027.
Machinery Regulation
The new European Machinery Regulation (EU) 2023/1230 was published on 29 June 2023. This Regulation replaces the current Machinery Directive 2006/42/EC and introduces important changes in the areas of safety, digitalisation and product liability.
The Regulation is directly applicable in all EU Member States without transposition into national legislation. This provides greater uniformity and legal certainty within the internal market. The new Regulation is aligned with current technological developments, such as artificial intelligence, cybersecurity and remote software updates (over-the-air updates).
- Until 20 January 2027, machinery may still be placed on the market in accordance with the Machinery Directive.
- From 20 January 2027, only the Machinery Regulation will apply.
1.5 Mining and maritime legislation
The Working Conditions Act also applies within the mining industry and on board ships. Additional requirements are imposed through mining and maritime legislation. Supervision is carried out by the relevant inspection authorities.
1.6 Certification by EKH
EKH has developed its own certification system for companies and individuals who inspect cranes and lifting equipment. This system is voluntary, but gives substance to the legal designation of a “competent natural person, legal person or institution”. The EKH certificate forms contain all information required internationally.
1.7 Inspection and testing by recognised organisations
For the inspection and testing of lifting appliances and lifting accessories on board ships, the Working Conditions Decree refers to the Minister and recognised organisations. For this purpose, the Minister has designated classification societies. These organisations are authorised to issue legally recognised certificates and supervise the work carried out by EKH companies, such as supplying, inspecting and examining equipment.
2. Additional requirements and guidelines
Because legislation is often described in general terms, additional documents are required to clarify how legal requirements relating to lifting operations should be applied in practice.
2.1 Occupational Health and Safety Information Sheets (AI Sheets)
Information documents published by Sdu that provide further explanation on specific occupational health and safety topics, including lifting operations. They provide practical clarification of legal provisions.
2.2 Notices to Mining Enterprises
Sector-specific rules issued by the Inspector General of Mines, aimed at companies, installations and activities within the mining and offshore sectors.
2.3 Notices to Shipping
Issued by the Head of the Shipping Inspectorate. These documents contain additional construction, testing and safety requirements for equipment and activities on board ships.
2.4 Standards and practical guidelines (NEN and NPR)
The Royal Netherlands Standardization Institute (NEN) publishes standards (NEN) and practical guidelines (NPR) that set out detailed technical, quality and inspection criteria for lifting equipment.
These standards are applied in the Netherlands to meet high safety requirements. An increasing number of national standards are being replaced by European NEN-EN standards and international ISO standards. This enables the Netherlands and Europe to align more closely with European directives and international trade. European standards are often broader in scope, but provide greater harmonisation between countries.
2.5 Requirements of classification societies
Classification societies are internationally operating organisations that carry out inspections in accordance with their own technical rules and can perform inspections in various fields. For specific inspections on board ships, the Minister of Social Affairs and Employment formally designates these organisations as recognised institutions. They are authorised to issue legally recognised certificates and operate under the supervision of the Shipping Inspectorate.
EKH companies may be authorised by these classification societies to carry out inspections and examinations on their behalf and to issue certificates for specific lifting accessories (such as cargo handling equipment).
3. Relationship between legislation, regulations and EKH working instructions
The legal rules and additional requirements together form the foundation for safe working practices. EKH translates these frameworks into practical working instructions specifically for inspectors.
Where legal requirements are often formulated in general terms, the EKH working instructions describe which actions and checks must be carried out in practice. In this way, standards and guidelines are applied in a uniform and verifiable manner throughout the industry. This ensures that inspections are carried out uniformly, safely and in a verifiable manner.
The complete working instructions are available exclusively to EKH members; more information can be found on a separate page.
Read more: EKH Working Instructions
Questions about Legislation and Regulations
Do you still have questions about the legislation and regulations relating to lifting equipment? If so, you can always submit your question using the button below.