Position paper on earthmover visibility requirements

Germany’s VDMA aims to bring clarity to the widespread uncertainty over warnings on visibility

EVER since the warning issued by the European Commission in relation to the requirements set out in European standard EN 474-1 on visibility for earthmoving machinery, which came into effect on 28 January this year, there has been uncertainty as to when an earthmoving machine meets statutory requirements and what measures are required for safe operation in compliance with applicable regulations.

For manufacturers, the warning means that for any earthmoving machinery placed on the market after this date, it can no longer be assumed that in meeting the requirements set out in EN 474-1 they will have complied with statutory requirements concerning visibility. The so-called presumption of conformity no longer applies, which could give rise to considerable problems, especially in the case of legal proceedings.

Since the presumption no longer applies, manufacturers may, under certain circumstances, have to prove that the precautions they have taken within the framework of the risk assessment were sufficient, in other words that they are not at fault. Similar considerations apply to machinery operators. Where an accident occurs as the result of an inadequate risk assessment, this can have significant consequences.

The standard committee is currently working on the revision of EN 474-1, but completion and the concomitant lifting of the warning are not expected before late 2016.

To help manufacturers and operators in the intervening period, Germany’s VDMA Construction Equipment and Building Material Machinery Association has now issued a position paper which, among other things, provides detailed explanations of the statutory obligations to which manufacturers must comply with regard to the documentation involved and, as a consequence, the drawing up of the declaration of conformity.

The responsible EU committee has suggested the following five points, which the VDMA recommends should be taken into account in any risk assessment as of now: direct visibility must have priority; near-field visibility must be improved by lowering the test specimen from 1.5m to 1.0m; visibility aids, such as camera monitor systems or mirrors, must be mounted in the forward direction; visibility aids must not be impaired as a result of moving machinery parts, eg excavator arm; and mirror-to-mirror systems are not permitted.

If certain machines do not comply with these criteria, the VDMA position paper suggests that measures should be selected which are state of the art and comply with the protection objectives ‘as much as possible. An explicit warning is given against ‘putative panaceas’.

The paper says camera monitor systems available on the market cannot be considered safety systems, only comfort or assistance systems. They cannot replace construction site organization and communication.

Also viewed critically are the visibility maps currently being discussed. These are intended to show which areas the driver cannot see at all or can only see with difficulty. According to the VDMA, it has not yet been proven that these lead to better safety. The position paper also sets out other arguments against their effectiveness.

Operators and employers are advised to check their risk assessments meticulously for each machine application and to update them where necessary. During the current transitional period there should be an ‘emphasis on organizational and personal protective measures’. This can include increased use of additional human guides and adjustments to the organization of a work site.

The VDMA position paper also suggests referring to the rules of the Employers’ Liability Insurance Association for the construction industry concerning earthmoving machinery (BGR 500, Clause 2.12) and the document published by the Federal Institute for Occupational Safety and Health entitled ‘Information on occupational safety 2111’. Operators can also contact the machinery manufacturers to obtain further information.

The VDMA position paper can be downloaded in English.