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Decree N ° 2006 - 1251 Dated November 15, 2006

Original Language Title: Décret n° 2006-1251 du 15 novembre 2006

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PUBLIC SERVICE, LABOUR, EMPLOYMENT AND PROFESSIONAL ORGANIZATIONS

Decree No. 2006-1251 of 15 November 2006

Decree No. 2006-1251 of 15 November 2006 on work equipment.

Overview Report


Technological developments have made possible the massive use of machinery, apparatus, equipment and other installations by which the work is carried out.
Despite this favourable development, more and more serious work accidents are still being recorded. One of the causes of the increasing importance of its accidents at work appears to be related to the conditions of employment and the organisation of work.
In fact, the use of dunted work equipment from any outdated safety and generalemnet system increases the risk of accidents at work, occupational diseases, pollution of poisonings and the production of waste. Management is still difficult.
This Decree shall determine the minimum safety rules for new or used work equipment. The prevention measures thus advocated find their justification in the need, or even the obligation of:
-make the control organs accessible by preventing the reaching of the dangerous moving parts which are used in the
Transmission of movement or energy;
-choose work equipment with more resistant, less troublesome protective devices, which are difficult to disassemble;
-staff the work equipment of command organs clearly visible and easily identifiable;
-to have on the work equipment the warning, stopping and safety devices which can prevent any defect or accident.
The implementation of these measures will contribute to the development of the " Integrated security " In the selection and use of work equipment in enterprises.

This is the economy of this draft decree.

The President of the Republic,
Having regard to the Constitution, in particular Article 43 thereof;
In view of the Labour Code;
Given the Code of Social Security;
Given the Contraventions Code;
Having regard to Decree No. 81-009 of 20 January 1981 on the organization and operation of the Committee for the Prevention of Occupational Risks, established at the Social Security Fund;

In view of Decree No. 2006-267 of 23 March 2006, the distribution of the services of the State and the control of public institutions, national companies and public participation societies between the Presidency of the Republic, the Primature and the Departments;
In view of the opinion of the National Advisory Technical Committee on Health and Safety of Workers at its meeting on 31 August 2000;
The Council of State heard at its meeting on 8 February 2005;
The report of the Minister of Public Service, Labour, Employment and Professional Organisations,

Decrete:

Chapter I. -General provisions.


Article 1. -
This Decree shall apply to employers, workers and establishments falling within the scope of the Labour Code.

Art. 2. This Decree lays down minimum safety and health requirements for the use by workers of work equipment as defined in Article 3 and in annexes.

Article 3. - Work equipment, within the meaning of this Decree, shall include machinery, apparatus, apparatus and other installations by which the work is carried out.

Article 4. - Work equipment, whether new or used, shall comply with the requirements of this Decree.

Article 5. - Work equipment must be:
-robust construction;
-adapted to the operational constraints to which they are subject;
-appropriate to the tasks to be carried out so that the health and safety of workers are guaranteed.

Article 6. - Work equipment must be installed or installed so that:
-their stability is assured;
-the operations of production, adjustment, cleaning, maintenance, in particular, can be carried out without excessive and dangerous efforts;
-the passages between these work equipment have, at a minimum, a width of 80 cm.

Art. 7. - Floors on which such equipment is implanted or installed shall be stable and resistant, free of bumps, holes or dangerous inclined planes. They must not be slippery.

Chapter II. -Transmission bodies.


Art. 8.
Workers must be prevented from reaching dangerous moving parts that are used for movement or energy transmission.

Article 9. - These mobile parts must be made inaccessible by:
-the structure of work equipment;
-fixed protectors, including cribs, screens, lids, doors, enclosures;
-or otherwise, movable protectors or other protective devices of equivalent alertness.

Chapter III. -Mobile elements used to run the job.

Article 10. - Workers must be prevented from reaching the dangerous moving parts that are used to carry out the work.

Article 11. - If access to the mobile parts of work is necessary, in particular to allow the loading or unloading of parts to be worked, the structures of the work equipment, fixed or movable protectors and/or safety devices Equivalent efficiency must keep workers at a distance such that they cannot reach dangerous moving parts.

Article 12. - If the nature of the work and the intervention of the operator, as well as the state of the art, do not permit the making of dangerous mobile parts totally inaccessible to the workers, under the conditions laid down in the preceding paragraph, the Risks to which the latter are subject must be kept to a minimum. Protectors, protective devices, appropriate accessories must be implemented, if necessary by associating them.

Article 13. - In all cases, mobile parts that are not directly active must be inaccessible.

Chapter IV. -Protective devices.


Art. 14. -
The structures of work equipment that have a protective function, protectors and protective devices shall:
(a) be resistant;
(b) not interfere with the work;
(c) do not pose additional risks;
(d) if possible, allow maintenance, adjustment and maintenance operations;
(e) not to be easily removed or rendered inoperable.

Fixed guards should be capable of being removed or opened only by means of tools or keys, if they are equipped with locks.
The movable guards shall be fitted with a locking device.

Article 15. - The locking device shall:
-cause the dangerous mobile parts to stop so that workers are not at risk of injury;
-prohibit the reactivation of dangerous moving parts as long as the protector is not placed in a position of efficiency;
-be at a distance from the dangerous area such that workers can work safely.

Art. 16. - A structure of work equipment having a protective function, a protector or a protective device may be removed or rendered inoperative only on the order of the employer or of his or her representative having expressly received delegation for the Do.
Work equipment can only be reused after the employer or his/her representative has secured
The restoration of the efficiency of producers and protective devices.

Chapter V.-Manual development machines.


Article 17. -
Manually fit machines for working or manually moving parts of the tooling must be equipped with the tools and accessories to avoid the risk of dangerous rejection or training.

Article 18. - Portable and/or hand-guided machinery must stop as soon as the operator releases the gripper, unless there is a technical impossibility or no danger.

Chapter VI. -Ordering bodies.

Article 19. - The control organs must be clearly visible and easily identifiable.

Colours, pictograms, indelible indications and easily intelligible to workers can be used.

The operation of the work equipment can only be obtained by voluntary action by the operator on the control bodies provided for in this respect.
Organ orders must be arranged in such a way that the operator or other person cannot accidentally activate them.

They must be outside of the hazardous zones and be easily accessible to the operator.

Article 20. - For equipment of important dimensions, the operator must be able to ensure, from the location of the control bodies, that no one is in the dangerous areas.

Article 21. - Any start must be preceded by a sound or visual warning signal. Every exposed person must have the time and the means to avoid the risks associated with restarting the work equipment.

Chapter VII. -Alerting, stopping and safety devices.

Article 22. - If the variation of the operating parameters, for example temperature, pressure, speed, presence of dangerous substance, may be the cause of a dangerous situation, the work equipment must be equipped with the means of alerting the Operators, in case of anomaly, by light or sound signals.
These warning devices must be easily understood and understood by workers.

Article 23. - All work equipment shall be equipped with the control units suitable for its operation.

Article 24. - When a work equipment has several workstations or work orders, each of these positions must be equipped with a stop command.
This order must be able to obtain, depending on the risk involved, the stopping of all or part of the equipment.
The order of termination must take precedence over the implementation orders.

Article 25. - Each machine must be equipped with as many emergency stop devices as necessary. At a minimum, an emergency stop is required.
These devices must allow the removal of dangerous situations that are at risk or are occurring, by stopping the machine by an optimal deceleration of its mobile elements.
The order of emergency must be given priority over all other orders.

Article 26. - Emergency cessation devices must be clearly identifiable and easily accessible. They must be of a red or yellow colour that attracts the eye.

Machines for which an emergency stop device could not reduce the time required to obtain the normal stop, portable machinery and hand-guided machinery are not subject to the provisions of the preceding paragraph.

Article 27. - Separation devices shall, after stopping, allow the isolation of work equipment from all sources of power supply.
These devices must be:
-clearly identifiable;
-easily accessible;
-may be condemned, if necessary, in order to avoid undue recovery of energy.

Article 28. - The energies accumulated in the work equipment must be able to be eliminated without difficulty. In case of impossibility, suitable means must make their presence harmless.

Chapter VIII. -Means of prevention.


Article 29. -
Work equipment interventions, including verification, adjustment, lubrication, cleaning, maintenance and repair operations, are prohibited when the mobile parts of the equipment are operating and are Likely to present risks.
These interventions can only be carried out after the mobile parts are shut down and their sources of energy isolated.
In case of need, the device for separating the equipment from its energy sources shall be locked to avoid any unannounced operation.
If it is technically impossible to intervene in the case of work equipment, the employer must take all necessary measures to ensure that the workers responsible for these interventions are:
-over 18 years of age;
-duly qualified;
-trained in these types of interventions;
-appraised the risks and safety measures to be implemented;
-holders of an order of the employer or of its resubmission.

Article 30. - Workers who are allowed to stay or move around in the vicinity of work equipment are required to wear adjusted clothing and headgear. They must also refrain from wearing jewellery or accessories that may pose a risk of training.

Article 31. - The fluids shall be identified by their denomination, which shall be clearly visible on the pipes in which they circulate. If necessary, appropriate signs, in accordance with the provisions of the Decree on Signs of Safety in the Workplace, shall be affixed to these pipes.

Article 32. - Work equipment which presents risks of rupture or rupture shall be equipped with appropriate guards, which are sufficiently resistant to hold the fragments and projections due to their bursting or rupture Possible.

S. 33. - Work equipment shall be installed and equipped so that workers are not exposed to risks due to projections of objects, particles or dust related to the normal use of the work equipment, in particular Projections of shavings, incandescent welding products, waste, or the foreseeable use of work equipment, including the projection of machined parts, tooling fragments.

Article 34. - Without prejudice to the provisions on thermal ambiences, the elements of work equipment intended for the transmission of heat energy, in particular the steam or thermal fluid pipes, as well as the elements carried to very Low temperature must be disposed, protected or isolated so as to prevent any risk of burns.
Meterials used for the purpose of calorifuging shall not contain asbestos.

Article 35. - Work equipment powered by electrical energy shall be equipped, installed and maintained, in accordance with the provisions on the protection of employees against electrical hazards, in such a way as to prevent risks May result from direct or indirect contact, over-intensity or electric arc.

Article 36. - Without prejudice to the application of the provisions on clean air and the prevention of fire, work equipment implementing products or materials releasing gases, vapours, dust or other waste Shall be fitted with protective devices to prevent, in particular, that an increase in the temperature of an element or spark of electrical or mechanical origin may result in a fire or explosion.

Article 37. - The employer must favour modes of production and work equipment that do not produce vibrations or produce as little vibration as possible.

Failing this, it must take the necessary organisational measures and technical measures so that the vibrations do not adversely affect the health or safety of workers.

Article 38. - Without prejudice to the application of the general provisions relating to the training of employees in safety, the employer shall instruct workers in the provisions concerning the protection of work equipment. It shall inform them in an appropriate manner of the precautions to be taken, including the use of protectors and protective devices, as well as the safety functions of the control bodies.
It must ensure that this information has been understood by the workers. It must renew them as many times as necessary.

Article 39. - In case of need and in all cases where it is technically impossible to completely eliminate the nuisance caused by work equipment, the employer must make available to workers protection equipment, individual Adapted, including:
-Headsets for head protection against fall or projection hazards;
-eyeglasses equipped with eyeglasses and frames adapted to protect the eyes against material projections such as dust, metallic particles, shrapnel, incandescent projections, corrosive liquids and harmful radiation;
-Face shields to protect the face from the projections of particles, shrapnel, incandescent material;
-protective devices for the inhalation of pollutants;
-hearing protection devices to protect hearing;
-gloves for hand and forearm protection against bites, cuts, thermal, electrical, chemical and abrasion hazards;
-footwear, footwear, boots, for
Protect the feet against the risk of crushing or puncture wounds;
-safety clothing, aprons, protection to protect workers from excessive temperatures, burning hazards, projection;
-anti-fall systems to protect the
Workers against the risk of falling height.

Article 40. - Every day, the employer or his/her qualified employee must ensure that the work equipment can be used safely.

Article 41. - Work equipment must be properly maintained, for example, in order to ensure its safe operation.
Each work equipment must have a maintenance log on which the details and the dates of the maintenance operations to which it has been subjected are mentioned, together with the names and qualities of the persons who made them.
These booklets are made available to the Labour Inspector.

Article 42. - Work equipment:
-paper and cardboard;
-leather and footwear;
-rubber and plastics;
-metal and metal carbides,
-stone, ceramic products, concrete and other similar menial materials;
-wood, cork, bone, bony, artificial plastics and other hard materials
Similar.
It should be the subject of general visits:
-quarterly, so that any deterioration likely to cause an accident can be detected in a timely manner;
-after any accident, failure, failure;
-after the finding of operating anomalies such as vibrations, noise, shock, abnormal leakage.

Article 43. - Visits are carried out by qualified personnel who are appointed by the employer.
The results and the dates of visits, as well as the names and qualities of the persons who made them, are mentioned on the security register of which each of these work equipment is fitted.
The security registers shall be kept at the disposal of the Labour Inspector.
The Labour Inspector may require the employer to submit to the aforementioned visits any other work equipment for which he considers that these quarterly verifications are necessary.

Chapters IX. -Final provisions.

Article 44. - The perpetrators of the offences under this Decree shall be punished by the penalties provided for in the scale of simple police penalties, within the limit of a maximum of 18,000 fine and 6 to 10 days' imprisonment.

The fine will be applied as many times as there are offences.
In the event of a repeat offence, the fine will be imposed at the maximum rate of 18,000 francs and the offender must, in addition, be punished by imprisonment for 10 days.

Article 45. - All provisions contrary to this Decree shall be repealed.

Art. 46. - The Minister of State, the Minister of Justice, the Minister of Justice, the Minister of the Interior, the Minister of Public Service, Labour, Employment and Professional Organizations and the Minister of Health and Medical Prevention are: Entrusted, each in so far as it is concerned, with the execution of this Decree, which shall be published, with its annex in the Official Journal.

Done at Dakar on 15 November 2006.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,
Macky SALL.

DEFINITIONS APPENDICES

Risk factor, danger: intrinsic property of an agent likely to have a harmful effect.

Risk: Combination of the likelihood and severity of injury or injury to health that may occur in a hazardous situation.
Work equipment: any machine, machine, tool, or installation used at work

.
Use of work equipment: Any activity relating to work equipment, such as commissioning or decommissioning, employment, transport, repair, processing, maintenance,
Maintenance, including cleaning.

Machine: Together of connected parts or parts, of which at least one is movable and, where applicable, actuators, control circuits and power, etc. together in a cooperative manner for a defined application, in particular for processing, the Processing, moving, and packaging
A material. It is also considered " Machine " A set of machines which, in order to contribute to a single result, are arranged in such a way as to be solidary in their operation;

Actor : apparatus transforming one form of energy into another (example: an electric motor transforms the electrical energy into mechanical energy);

Hazardous area: Any area within and/or around work equipment in which a person is exposed to a risk of injury or injury to health;

Operator: The person responsible for installing, operating, developing, maintaining, cleaning, repairing or transporting a machine;
Mobile transmission elements:

Transmission Tree: Smooth or fluted mechanical organ for the transmission of a circular motion (motor shaft, intermediate shaft, receiving shaft);

Bielle: rigid bar for ensuring the interdependence of two guided mobile organs.

Came: Mechanical device to transform a uniform rotary motion into a complex motion;

Chump String: Mechanical transmission system of a circular motion using a chain passing through the wheels;

Gear: A set of toothed wheels, consisting of a motor wheel that controls the movement of a wheel and allows the transmission and/or transformation of a circular motion;
Mobile work elements: elements directly engaged in action on the subject;

Security distance: The minimum distance to which a protective structure is to be placed in relation to a hazardous area;
Protector: machine element used specifically to provide protection by means of a physical barrier. Depending on the shape it is given, a protector can be called a cover, cover, screen, door, enclosure etc;

Fixed Protector: Protector maintained in place, i.e. closed:
-permanently (by welding, etc.);
-either by means of fastening elements (screws, nuts, etc.) opposing the opening of the open without a tool;
In some cases (e.g., headlamps), the fixed protector is prohibited (it is certain that it will be disassembled) and it must be used by a mobile protector.
Mobile Protector: Protector generally mechanically bonded to the building of the machine or to a nearby fixed element, for example through hinges or rails, and it is possible to open without using any tool;
Protection device: device (other than a protector) that eliminates or reduces the risk, alone or associated with a protector;

Lock device: Mechanical, electrical or technological protection device intended to prevent certain elements of the machine from operating under certain conditions (generally as long as a protector is not closed);
Protector with locking device: protector associated with a device, electric or other technology, intended to prevent certain elements of the machine from functioning under certain conditions (generally as long as a protector is Not closed) so that:
-the machine's hazardous functions
" Covered " The protector cannot perform as long as the protector is not closed;
-if the protector is opened while the dangerous functions of the machine are performed, a stop order is given;
-when the protector is closed the dangerous functions of the machine " Covered " By the protector can be accomplished, but the closure of the protector alone does not result in the protection of the protector;

Protector with interlock device:
Protector associated with a locking device and a locking device, such that:
-the machine's hazardous functions
" Covered " The protector cannot perform as long as the protector is not closed and blocked;
-the protector remains blocked in the closing position until the risk has disappeared;

-when the protector is blocked in the closing position, the dangerous functions " Covered " By the protector can be accomplished, but the closure and blocking of the protector alone does not cause them to be activated;

Sensitive device: A means of ensuring the safety of persons by causing the dangerous elements of a machine to be stopped or the interruption of a dangerous phenomenon either by the crossing of a safety limit or by an action, whether voluntary or not, On a sensitive body. There are two types of sensitive devices, depending on whether they are mechanical detection or not;
Mechanical sensing devices: these devices can occur in a variety of forms. They are also made of an actuator (plate, bar, cable ...) acting on one or more position detectors. These detectors are connected either to the normal stopping circuit of the machine or to the emergency stop circuit;

Non-Mechanical Detecting Devices: Several types of sensitive devices belong to this category, of which the most commonly used are photoelectric cells and immaterial dams (light curtains). Other devices, such as infrared or ultrasonic detectors, may also be used; however, they are rarely used because their reliability is more uncertain;

Ordering bodies: Are all the elements on which the operator acts to communicate orders to the machine, modify its parameters, select its modes of operation or, optionally, to receive information. These are usually push buttons, levers, pedals, selectors, volsers, keyboard and digital control machine monitors;

Logging: It is the set of provisions allowing to put and maintain in safety (if possible by a hardware device) a machine, apparatus or installation in such a way that a change of state (rehabilitation of a machine, closure) Of an electric circuit, opening a valve ...) is impossible without the voluntary action of all the speakers. In addition, there are other more specific definitions: electrical logging, machine arrest logging;

Logout: It is the set of provisions for the restoration of a previously recorded machine, apparatus or facility by ensuring the safety of stakeholders and operators;

Logging Loaded: Is a competent person designated by the chief of business to carry out the recording and delogging of an installation and who is responsible for taking or making the resulting security measures;

Dispation: Consists of eliminating all potential and residual energies or evacuating dangerous products: discharge of a condenser, elimination of a pressure, emptying of a pipe containing a corrosive liquid, developing the low death of a Press ... In the case of a mechanical layer of a mass
Suspended, for example;

Emergency shutdown: (function): This is a function for:
-to deal with risks (dangerous phenomena emerging or to mitigate risks (dangerous phenomena) which may affect people, machinery or work in progress;
-to be triggered by a single human action when the normal shutdown function is not suitable.
Direct Contact : contact of persons with active parts (any driver or conductive part intended to be energiated in nomal service, as well as the neutral driver);

Indirect Contact : contact of people with masses turned on as a result of a lack of isolation;

Surintensity: Any current greater than the assigned value. For drivers, the assigned value is the admisible current;

Vibration: Tremor of small, repeated, low-amplitude, and more or less frequent, small tremors affecting an environment
Any;

Frequency: Characteristic value of an alternative phenomenon; it is its number of periods per second, expressed in hertz (Hz);

Period (T): In an alternating or periodic cycle (electric, vibratory, pendular, ...), it is the space of time that separates two identical consecutive states of the phenomenon;
-The number of periods per second is the frequency expressed in hertz;
Amplitude: maximum value reached by an alternative phenomenon or: vibratory of a given frequency, at each of its phases.