The work equipment designed specifically for lifting loads are not designed for lifting people, though their load lifting and transport mechanisms are reliable.
The Machines Directive 2006/42/EC clearly distinguishes among the requirements for machines to lift loads from those that require machines to lift or move people. This Directive, in its preamble (7) indicates that “this Directive must not be applied to lifting people by means of machines not designed for this purpose”. Nevertheless, it allows that the member states may adopt national measures regarding said machines in applying Directive 89/655/EEC of the Council (Transposed to the Spanish regulatory framework by means of RD. 1215/1997). The Technical Guide for developing said legal text in Appendix N thereof sets out the criteria for lifting people with equipment designed for lifting loads and on the work platforms associated with said equipment.
It is for the above reason that the cages for lifting people used in machines not designed for that purpose, may not be marked CE or being certified as being in accordance with the Machines Directive 2006/42/EC in force, as indicated in the official document of the Directorate General of Industry and Small and Medium Enterprises:
“Any mention of said directive in the information used to present or market such products or any CE mark according to said directive, is improper”
Spain is a pioneer in achieving the development of a Technical Note for this type of product, it being TEC Container’s intention, and to do so it is already in contact with the ICHCA, of transferring it to the international level.As consequence of this fact, and to obtain a framework that regulates the use and minimum specification of the product. TEC Container, together with PACECO, MSC, GRUP TCB, APMT, NOATUM, BERGE, PREVESTIBA, COORDINADORA, SEVASA, SESTIBALSA, FUNESPOR, SAGEP ALGECIRAS and PUERTOS DEL ESTADO has created a working group to, through INSHT, to develop a Prevention Note. Which is currently in the process of being approved by INSHT and which shall be published before year’s end. It is a milestone of great important to have won agreement among Manufacturers of Cages, Manufacturers of Cranes, Port Terminals and Associations of stevedores to make this very necessary document, which covers and specifies the minimum requirements in the use and manufacture of these elements that transport people to great heights.
It is for the above reason that the cages for lifting people used in machines not designed for that purpose, may not be marked CE or being certified as being in accordance with the Machines Directive 2006/42/EC in force, as indicated in the official document of the Directorate General of Industry and Small and Medium Enterprises:
