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The use of mobile work equipment is still too often the cause of serious accidents. To limit risks, the Labor Code sets out specific provisions to be followed, particularly regarding driver training. Which equipment is covered, and how should this training be organized? Here is an overview of the applicable regulations.
What is mobile work equipment?
The term mobile work equipment covers all work equipment that needs to move in order to perform its primary function.
Examples: self-propelled trucks, hydraulic excavators, compactors, scrapers, etc.
Due to the specific risks they present, mobile work equipment is subject to certain specific provisions regarding its use. Employers must, in particular, ensure:
- That traffic routes are clear and have sufficient clearance (article R4323-50 of the Labor Code);
- The implementation of appropriate traffic rules if the mobile equipment is to operate in a work zone (article R4323-51 of the Labor Code);
- Avoiding, as much as possible, the presence of pedestrians in the area where mobile work equipment is moving (article R4323-52 of the Labor Code);
- Ensure that operators of mobile work equipment have received adequate training and, if necessary, a driving authorization.
What training is mandatory for operating mobile work equipment?
Regarding training, the Labor Code stipulates that the operation of self-propelled mobile work equipment is reserved for workers who have received adequate training (Article R4323-55 of the Labor Code).
Theorder of December 2, 1998 specifies that this training must provide the operator with the necessary knowledge and skills for the safe operation of the equipment. Furthermore, its duration and content must be adapted to the specific work equipment concerned.
The Labor Code does not require the employer to use a specialized training organization to conduct this training. Consequently, it is entirely possible to provide it in-house using an internal trainer provided that the latter possesses the necessary technical and instructional skills.
Note: The qualification of trainers and the choice of resources used to ensure high-quality, appropriate training are the responsibility of the head of the establishment.
Training must be completed and updated whenever necessary (Article R4323-55 of the French Labor Code).
Please note: as a rule, regulations prohibit assigning young workers (aged 15 to 18) to operate mobile self-propelled work equipment or equipment used for lifting loads. However, exemptions are possible for vocational training purposes, as well as for young people who have received appropriate training or hold the necessary driving authorization.
Driving authorization for certain mobile equipment
What is a driving authorization?
Regulations stipulate that the operation of certain equipment “presenting specific risks, due to their characteristics or purpose” is subject to obtaining a driving authorization issued by the employer (Article R4323-56 of the French Labor Code).
This driving authorization is a mandatory, personal document, drawn up internally by the head of the establishment to verify that the operator has the aptitude and ability to operate the equipment in question.
Note: the driving authorization must be made available to the labor inspectorate and agents of the social security prevention services.
Which equipment requires a driving authorization?
Theorder of December 2, 1998 specifies that the machinery subject to mandatory driving authorization includes:
- Tower cranes;
- Mobile cranes;
- Vehicle-mounted loading cranes;
- Self-propelled industrial trucks with a ride-on operator;
- Mobile elevating work platforms (MEWPs);
- Remote-controlled or ride-on construction machinery.
How is a driving authorization issued?
The order of December 2, 1998, specifies that the driving authorization must be drawn up and issued to the operator by the head of the establishment, based on a prior assessment conducted by the latter. This assessment must determine that the worker is fit and capable of operating the equipment in question. It takes into account the following three elements:
- A medical fitness examination conducted by the occupational physician;
- A check of knowledge and practical skills of the operator for the safe operation of the equipment;
- A knowledge of the premises and instructions to be followed at the equipment's site(s) of use (safety protocols, traffic rules, etc.).
Regarding the assessment of the operator's knowledge and skills, obtaining the CACES® (Certificate of Aptitude for Safe Driving), while not mandatory, serves as a good benchmark and is highly recommended. This certificate is issued by a certified CACES® testing body.
The content and procedures for CACES® examinations are specified in recommendations developed by the National Health Insurance Fund for Salaried Workers (CNAMTS) for various categories of equipment.
Since January 1st , 2020, these recommendations have been updated and two additional recommendations have been created (see table below).
Please note: depending on the equivalence rules set out in the recommendations, holding a CACES® obtained before January 1st , 2020, provides an exemption from one or more new CACES® certificates until the end of its validity period. For construction machinery (CACES® R372m), the maximum validity period of the certificate is set at 5 years from January 1st , 2020.
Driving authorization: validity rules
Regulations do not set a validity period for driving authorization. However, its maximum duration generally corresponds to the duration of the assignment within the company. It also depends on the validity period of:
- From the occupational health medical examination issued by the occupational physician, for a maximum of four years;
- Where applicable, from the validity of the CACES®, generally 5 years.
Furthermore, the Labor Code requires that the operating authorization be reviewed and adapted as soon as necessary. This is particularly the case during a change in working conditions, for example, a change of equipment, the addition of a new device to the equipment, or the transfer of the operator to a new site of use.
It should also be noted that, unlike the CACES®, the operating authorization is only valid within the scope of the activities of the company where it was issued. It can therefore only be used for specific sites and for a certain type of equipment.
Legislative, Regulatory, and Documentary Sources
Labor Code, articles R4323-55 to R4323-57 (operating authorization for the use of certain mobile work equipment or equipment used for lifting loads), article D4153-27 (Young workers – Operation of self-propelled mobile work equipment and work equipment used for lifting)
Decree of December 2, 1998, relating to training for the operation of self-propelled mobile work equipment and equipment for lifting loads or people
CNAMTS Recommendations R482, R483, R484, R485, R486, R487, R489, R490
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