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Theuse of mobile work equipment is still all too often the cause of serious accidents. To limit the risks, the French Labor Code lays down specific provisions to be complied with, particularly in terms of driver training. What equipment is involved, and how should training be organized? We take a look at 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 essential function.
Examples: self-propelled forklifts, hydraulic excavators, compactors, scrapers, etc.
Because of the particular risks they present, mobile work equipment is subject to certain specific provisions concerning its use. In particular, the employer must ensure that :
- Ensure that traffic lanes are clear and have sufficient clearance(article R4323-50 C. trav);
- Implement appropriate traffic rules if mobile equipment is to be used in a work area(article R4323-51 C. trav.);
- Avoid, as far as possible, the presence of workers on foot in the area where mobile work equipment moves(article R4323-52 C. trav.);
- Ensure that operators of mobile work equipment are properly trained and, if necessary, authorized to drive.
What training is required to operate mobile work equipment?
With regard to training, the French Labor Code stipulates that the operation of self-propelled mobile work equipment is reserved for workers who have received appropriate training (article R4323-55 C. trav.).
TheDecree of December 2, 1998 specifies that this training must provide the operator with the knowledge and know-how required to operate the equipment safely. In addition, the duration and content of the training must be adapted to the work equipment concerned.
The French Labor Code does not require employers to call on a specialized training organization to provide this training. Consequently, it is entirely possible for an in-house trainer to provide the training, provided he or she has the necessary technical and pedagogical 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 school.
Training must be completed and updated whenever necessary(article R4323-55 C. trav.).
Please note: in principle, regulations prohibit the assignment of young workers (aged between 15 and 18) to drive self-propelled mobile work equipment and equipment used for lifting loads. However, derogations are possible in the case of vocational training, and for young people who have received the appropriate training or have the necessary driving authorization.
Authorization to operate certain mobile equipment
What is a driving license?
The regulations stipulate that the operation of certain equipment "presenting particular risks, due to their characteristics or purpose" is subject to a driving license issued by the employer(article R4323-56 C. trav.).
This authorisation to operate is a compulsory, nominative document, drawn up internally by the site manager, to check that the operator is fit and able to operate the equipment in question.
Please note: the driver's license must be available for inspection by the labor inspectorate and social security prevention officers.
What equipment do I need to authorize to drive?
Thedecree of December 2, 1998 specifies that the following machines are subject to compulsory driving authorization:
- Tower cranes ;
- Mobile cranes ;
- Auxiliary vehicle loading cranes ;
- Self-propelled industrial trucks ;
- Mobile elevating work platforms (MEWPs);
- Remote-controlled or ride-on construction equipment.
How do you issue a driving licence?
The Decree of December 2, 1998 stipulates that the driving authorization must be drawn up and issued to the operator by the site manager, on the basis of a prior assessment carried out by the latter. This assessment must establish that the worker is fit and able to drive the equipment concerned. It takes into account the following three elements:
- A medical aptitude test carried out by the occupational physician;
- A test of the operator's knowledge and skills for safe operation of the equipment;
- Knowledge of the area and the instructions to be followed at the site(s) where the equipment is to be used (safety instructions, traffic rules, etc.).
When it comes to checking the operator's knowledge and know-how, obtaining the CACES® (Certificat d'Aptitude à la Conduite en Sécurité), although not compulsory, is a good reference and highly recommended. This certificate is issued by a certified CACES ® testing organization.
The content and procedures for the CACES® tests are set out in recommendations drawn up by the Caisse nationale d'assurance maladie des travailleurs salariés (CNAMTS) for different categories of equipment.
Since January1, 2020, these recommendations have been updated and two additional recommendations have been created (see table below).
Please note: according to the rules of correspondence set out in the recommendations, holding a CACES ® obtained before January1, 2020 exempts you, until the end of its period of validity, from having to obtain one or more new CACES ®. For site machinery (CACES ® R372m), the maximum period of validity of the certificate is set at 5 years from January1, 2020.
Driving licence: validity rules
The regulations do not set a validity period for the driving license. However, its maximum duration generally corresponds to the duration of the assignment with the company. It also depends on the period of validity:
- From the medical examination for fitness issued by the occupational physician, i.e. a maximum of four years;
- Where applicable, the validity of the CACES ®, generally 5 years.
In addition, the French Labor Code requires that driver authorization be reviewed and adapted as soon as necessary. This is particularly the case when working conditions change, for example when equipment is changed, a new device is added to the equipment, or the driver is transferred to a new site.
It should also be noted that, unlike the CACES ®, the driving authorization is only valid for the activities of the company where it was issued. It can therefore only be used on specific sites and for a certain type of equipment.
Legislative, regulatory and documentary sources
Labor Code, articles R4323-55 to R4323-57 (driving authorization for the use of certain mobile work equipment or work equipment used for lifting loads), article D4153-27 (Young workers - Driving self-propelled mobile work equipment and work equipment used for lifting loads).
Arrêté du 2 décembre 1998 relatif à la formation à la conduite des équipements de travail mobiles automoteurs et des équipements de levage de charges ou de personnes (Decree of December 2, 1998 on training in the use of self-propelled mobile work equipment and equipment for lifting loads or persons)
CNAMTS recommendations R482, R483, R484, R485, R486, R487, R489, R490
Photo credit: 189209432 @Halfpoint