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Book III: Work equipment and means of protection

Article R4311-1 of the French Labour Code

Any work equipment or means of protection which has not actually been used in a Member State of the European Community and which is exhibited, offered for sale, sold, imported, hired out, made available or transferred for any purpose whatsoever is considered to be “placed on the market for the first time”, “new” or “as new”.

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Article R4311-2 of the French Labour Code

Second-hand” means any work equipment or means of protection which has already been effectively used in a Member State of the European Community and which is exhibited, offered for sale, sold, imported, hired out, made available or transferred in any way whatsoever.

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Article R4311-3 of the French Labour Code

Any work equipment or means of protection which has already been effectively used in a Member State of the European Community is considered to be “kept in service” when the operations mentioned in article R. 4311-2 are carried out within the same company. The same applies in the event of a change affecting the legal situation of the undertaking, in particular by succession, sale, merger, transformation of the business or…

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Article R4311-4 of the French Labour Code

The design and construction obligations for the placing on the market of “machinery” apply to work equipment designated below by the word “machinery” and included in the list below: 1° Machinery; 2° Interchangeable equipment; 3° Safety components; 4° Lifting accessories; 5° Chains, cables, straps; 6° Removable mechanical transmission devices.

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Article R4311-4-1 of the French Labour Code

The definition of machine covers 1° An assembly fitted with or intended to be fitted with a drive system other than directly applied human or animal power, consisting of linked parts or components, at least one of which is movable and which are joined together for a specific application; 2° An assembly referred to in 1° which is missing only components for connection to the site of use or for…

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Article R4311-4-2 of the French Labour Code

Interchangeable equipment is a device which, after a machine or tractor has been put into service, is assembled to it by the operator himself in order to modify its function or provide a new function, insofar as this equipment is not a tool.

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Article R4311-4-3 of the French Labour Code

A safety component is a component: 1° Which serves to ensure a safety function; 2° Which is placed on the market in isolation; 3° Whose failure or malfunction endangers the safety of persons; 4° Which is not essential to the operation of the machine or which, from the point of view of operation alone, could be replaced by an ordinary component. A ministerial order issued by the Minister for Labour…

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Article R4311-4-4 of the French Labour Code

A lifting accessory is a component or piece of equipment not connected to the lifting machine, enabling the load to be gripped, placed either between the machine and the load or on the load itself or intended to form an integral part of the load and placed on the market separately. Lifting accessories include slings and their components.

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Article R4311-4-6 of the French Labour Code

A removable mechanical transmission device is a removable component designed to transmit power between a self-propelled machine or a tractor and another machine by connecting them to the first fixed bearing. When this device is placed on the market with the guard, the assembly is considered to constitute a single product.

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