Legislation, Regulations and Codes of Practice
The framework
Behind every site rule sits the Health and Safety at Work etc. Act 1974: employers must provide safe plant, systems of work and training; employees must take reasonable care and report hazards (section 7) and must not interfere with safety provisions (section 8). The Management of Health and Safety at Work Regulations 1999 require suitable and sufficient risk assessments and competent persons. CDM 2015 requires a construction phase plan on every project - not only notifiable ones - plus a site induction.
PUWER 1998
The central regulation for a mini digger. Work equipment must be suitable for the task, maintained in efficient working order, inspected, used only by people with adequate training, instruction and information, and marked with adequate warnings. PUWER is the reason for daily pre-use checks and recorded inspections by a competent person.
LOLER 1998
The classic trap: operators assume LOLER does not apply to an excavator. It applies as soon as the machine lifts a load using a certified lifting point or a lifting-rated attachment. That brings a lift plan, a capacity chart covering the full slewing range, a competent slinger/signaller, and thorough examination - normally 12 months, and 6 months where the equipment lifts people.
Other regulations to name
PPE at Work Regulations; COSHH (diesel, hydraulic oil, dust); Control of Noise at Work Regulations 2005; Control of Vibration at Work Regulations 2005 (HAVS); RIDDOR 2013 for specified injuries, over-7-day injuries and dangerous occurrences; Safety Signs and Signals Regulations 1996 for hand signals; waste duty of care.
Trap to know
A CSCS card is not a licence and is not proof of competence - it shows the holder has passed a health, safety and environment test. Competence comes from machine-specific training and assessment.