Health and Safety in Employment Regulations 1995

  • This version was replaced on 8 August 2018 to make a correction to regulation 2 under section 25(1)(j)(iii) of the Legislation Act 2012.
20 Self-propelled mobile mechanical plant

(1)

Every employer must, so far as is reasonably practicable, ensure that every self-propelled mobile mechanical plant to which this regulation applies is fitted with a roll-over protective structure and a seat belt.

(2)

Every employer must, so far as is reasonably practicable, ensure

(a)

that every roll-over protective structure fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is suitable for the purpose for which it is to be used; and

(b)

that every seat belt fitted to a self-propelled mobile mechanical plant pursuant to subclause (1) is of a kind, and fitted in a manner, that is suitable for the purpose for which it is to be used; and

(c)

where the roll-over protective structure fitted to any self-propelled mobile mechanical plant pursuant to subclause (1) is damaged so that its effectiveness is substantially reduced, no employee uses the plant until the structure has been either—

(i)

replaced; or

(ii)

restored to a condition approved by the manufacturer or the manufacturer’s principal agent in New Zealand, or by a chartered professional engineer (as defined in section 6 of the Chartered Professional Engineers of New Zealand Act 2002) with a qualification in mechanical engineering, as equal in strength and effectiveness to the structure as originally fitted.

Regulation 20(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 20(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 20(2)(c)(ii): amended, on 1 January 2004, by section 76 of the Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17).