8th August 2024

ALLMI Response to “Regulation 28: Report to Prevent Future Deaths”, Received from the Senior Coroner for Cheshire

8th August 2024

Contents Section

Page(s)
1. Introduction to ALLMI

3
2. Terminology

4

3. ALLMI Operator Course

5-7
4. Existing Requirements in European Design Standards

8-10
5. Responses from Loader Crane Manufacturers

11-14
6. Proposals

15-16
7. Clarifications

17 Annex A: ALLMI Safe Use of Remote Controls Leaflet

18-19

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Section 1: Introduction to ALLMI

About ALLMI: ALLMI is the Association of Lorry Loader Manufacturers and Importers. Formed in 1978, it has three defined objectives:
• To promote the safe use of lorry loaders.
• To ensure that the Association is involved in the formulation of legislation that affects the industry’s interests.
• To promote compliance with training requirements embodied in current legislation. As its name suggests, ALLMI was originally a trade association serving the needs of Manufacturers and Importers of lorry loaders. Today it has a much wider membership, including:
• Manufacturers / Importers
• Service Companies / Installers
• Ancillary Equipment Manufacturers
• Fleet Owners (the ALLMI Operators’ Forum)
• Site Operators ALLMI also provides a training accreditation service to the lorry loader industry, supplying:
• Appointed Person training
• Crane Supervisor training
• Instructor training
• Lorry Loader Operator training
• Slinger-Signaller training
• Thorough Examiner training ALLMI training qualifications are regarded as the industry benchmark. ALLMI is also active on many national (and international) pan-industry working groups in collaboration with other bodies, and has significant involvement in Standardization work with BSI, CEN and ISO.

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Section 2: Terminology: For clarity, the definitions below are terms used in this response: Note: the definitions below are either copied or adapted from the BS 7121 series, EN 12999, or specifically written for the purposes of this response.

Appointed person person nominated (typically by the employer) to plan, and to have overall control of lifting operations.

Lift plan information provided to the person supervising the lifting operation to enable them to complete the operation safely. This normally consists of at least the risk assessment, method statement and any relevant drawings.

Loader crane power driven crane comprising a column, which slews about a base, and a boom system which is attached on to the top of the column and being designed for loading and unloading vehicles.

Lorry loader commercial vehicle or trailer fitted with a loader crane, which normally has a load-carrying capability. Note: The term ‘Hiab’ is a reference to a particular manufacturer, but the name has historically been used as a generic term for all types of lorry loader.

Loader crane manufacturer anyone who manufactures a loader crane (or had a loader crane designed or manufactured) and markets that product under its name or trademark.

Power take-off (PTO) mechanism of transferring power from the running engine of a lorry loader and transmitting it to the loader crane

Rated capacity indicator (RCI) warning to the operator and persons in the vicinity of the crane when the load exceeds 90% of rated capacity, typically by a continuous intermittent audible warning combined with a visual warning.

Rated capacity limiter (RCL) system that automatically physically prevents the crane from handling loads in excess of its rated capacity, in combination with an (typically continuous) audible and visual warning.

Timber handling crane loader crane specifically designed, manufactured and equipped with a grapple for loading / unloading of unprepared timber, in a forestry environment only.

Tonne / Metres (t/m) the product of the rated capacity and the specified radius, which is used as a means of expressing a loader crane’s size.

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Section 3: ALLMI Operator Course:

The ALLMI Operator course is fully mapped to the requirements of the training Annexes of BS 7121 Part 1 and BS 7121 Part 4, applicable National Occupational Standards (which ALLMI participate in the publication of) and other selected standards and good practice (such as ISOs regarding assessment, etc.).

When completing the ALLMI Operator course for Category ‘+E’ (for all loader cranes with a remote control, see Table 1) there is mandatory content and assessment that covers the safe use of remote controls. This includes:

• Content in Module 9 Use of Controls to:

o Always use in accordance with the manufacturer’s instructions. o Always store the control unit in a suitable place when not in use. o Always ensure that the remote is de-activated when not in use. o The operator must always be aware of the working area, including their proximity to the load and vehicle. o Always use the shoulder strap provided. o Always check site rules to confirm that the use of a remote control is permitted. o Ensure that the remote control unit is demonstrated with the umbilical cord attached, in order to prepare the operator for situations where the remote cannot be used. o Explain the benefits of visibility and access.

• The compulsory showing of the ALLMI video The Safe Use of Remote Controls; or the provision and study of the ALLMI Safe Use of Remote Controls leaflet (see Annex A). Note: both the video and leaflet have been freely and publicly available since 2013 via https://www.allmi.com/safe-use-of-remote- controls), see Section 6.

• The implementation of the above practices throughout the practical training session.

• Questions in the theory paper specifically for Category +E candidates regarding remote control isolation, umbilical cord use, and the wearing of a belt or shoulder strap.

• A strict practical test requirement that any candidate found to be walking and operating having not isolated the remote control should be immediately disqualified by the Instructor.

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Table 1: ALLMI Training Categories (matches BS 7121 Part 4:2010 Table B.1.)

ALLMI is unaware of any content other competing training schemes include on this topic.

Other considerations beyond basic training:

Regulation 8(1) of the Lifting Operation & Lifting Equipment Regulations (LOLER) 1998 states:

“Every employer shall ensure that every lifting operation involving lifting equipment is-

(a) properly planned by a competent person; (b) appropriately supervised; (c) carried out in a safe manner”

BS 7121 Part 4:2010 and the ALLMI/CPA Best Practice Guide for the Safe Use of Lorry Loaders (which is freely available via the ALLMI website) provide detailed guidance on the planning and safe execution of lifting operations. Whilst this response is not intended to provide full commentary on lift planning and lifting team roles, it should be noted that the employer (the legal requirement in LOLER being by a ‘competent person’ typically known as the Appointed Person) should document and brief the lifting team / lorry loader Operator on a Lift Plan including an explanation of the hazards identified and control measures implemented, and a subsequent assessment of any residual risk. Risk assessment is also a legal duty under the Management of Health and Safety at Work Regulations 1999.

As such, the risk assessment element of the lift plan should include an assessment regarding the safe use of remote controls, and suitable control measures. ALLMI has had published guidance freely and publicly available

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on this subject for 11 years (see Section 6), in which the clear control measure to fully mitigate the effects of the inadvertent operation of a remote control is to isolate the controls at all times when not in use. The lift plan procedure (‘safe system of work’) should include the isolation of the controls at all appropriate stages, such as when repositioning, approaching the hook or load, etc. Companies wishing to join ALLMI are only granted membership once suitable lift plans have been evidenced.

ALLMI offers training courses in all lifting team roles, including the Appointed Person.

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Section 4: Existing Requirements in European Design Standards: EN 12999 Cranes – Loader Cranes:

EN 12999 is the design Standard within Europe that can be used by loader crane manufacturers to design and build loader cranes, and with which they can claim presumption of conformity with the essential health and safety requirements of the Machinery Directive (enacted in the UK by the Supply of Machinery (Safety) Regulations). The use of Standards is voluntary, as manufacturers could claim conformity directly to the applicable legislation. However, the European loader crane market almost universally uses EN 12999 for this purpose.

EN 12999:2002 was entered into the Official Journal of the EU (OJEU) on 1st September 2002 (with an adopted date of 1st March 2003), and was the first of its kind. Prior to publication, manufacturers of loader cranes would have to declare conformity of their products directly to the Machinery Directive (back to around 1995), and before that to national legislation. EN 12999 is published in the UK as BS EN 12999.

As the UK National Standards organisation, the British Standards Institution (BSI) is bound to implement all EN Standards through membership of CEN, the European Committee for Standardization. CEN is not a European Union institution and thus the adoption of EN Standards is unaffected by the UK exit from the European Union.

Following the UK exit from the European Union, BS EN 12999 has been the UK Designated Standard for loader cranes (commencing 1st January 2021), providing a means of claiming conformity with the Supply of Machinery (Safety) Regulations.

EN 12999 is developed by the European working group CEN TC 147/WG 18 Loader Cranes. The UK is represented on the working group by: , ALLMI Technical Manager; and , Engineering & Product Manager for Hiab UK, who is also the elected Chair of ALLMI. Commentary: there is a single UK-based loader crane manufacturer, Penny Engineering, which manufactures small loader cranes which are typically van mounted. Without exception, all other loader cranes of the same type as that covered in this response are manufactured overseas, and the vast majority within the European Union.

The current revision of the Standard is EN 12999:2020, which was entered into the OJEU on 10th August 2020; and adopted both in the EU and as the UK Designated Standard on 14th April 2023. The current Clause within EN 12999 regarding remote controls is:

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The final sentence in this Clause was driven by the UK during the drafting stage. However, it was not a new technical requirement as such, as the requirement was already covered in the cross-referenced EN 62745 (and in previous revisions and amendments by reference to EN 13557).

Additionally, EN 12999 contains a requirement for an Operational Warning for remote control loader cranes:

At the time of writing, the A1 amendment to EN 12999:2020 is in development within Committee CEN/TC 147/WG 18 Loader Cranes. It is anticipated that the Standard will be published later in 2024, having completed all of the approval stages prior to publication. There are no changes to any of the Clauses relating to remote controls within the amendment, with all of the work having been completed prior to receipt of the Regulation 28 report.

EN 62745 Safety of machinery. Requirements for cableless control systems of machinery EN 12999 cross-references this Standard regarding remote control requirements (see Clause 5.7.1 above). Please note, this Standard falls outside the responsibilities of BSI MHE/3, CEN TC 147 (and associated sub-committees) and ALLMI as it is not solely crane related (see Section 5). ALLMI does not make any claims regarding expertise in this Standard. The following Clause appears to apply to all remote controls:

Implementation: The primary design-based means of preventing the unintended operation of remote controls is the guarding that can be seen around all the levers and controls, as seen in Figure 1. Whilst manufacturers’ systems differ, remote controls can be isolated either with a dedicated button, or (most commonly) by pressing the large, red emergency stop button, as seen in Figure 1. The Operational warning requirement is implemented in different ways. Typically, an audible alert will be made each time the remote control is made live. This will be accompanied by a continuous visual warning that the remote control is live, such as by the green light flashing on an RCI / RCL visual warning device (see Figure 2), a light on the remote control itself, or a standalone flashing green light mounted on the vehicle. Additionally, some manufacturers also have a visual warning that the PTO is engaged, such as by flashing stabiliser leg lights (see figure 3).

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Figure 1: Typical lorry loader remote control

Figure 3: Use of stabiliser leg lights as Operational warnings

Figure 2: A typical RCI / RCL visual warning device

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Section 5: Responses from Loader Crane Manufacturers: Following receipt of the Regulation 28 report, ALLMI circulated it amongst all ALLMI manufacturer / importer members. Each business is listed below, as well as its relationship with the ‘parent’ manufacturer: ALLMI Member Loader Crane Manufacturer (Country) Relationship Atlas UK Atlas (Germany) UK subsidiary Ernest Doe & Sons Cormach (Italy) Maxilift (Italy) Importer Fassi UK Fassi (Italy) UK subsidiary Hiab UK Hiab (Sweden) Effer (Italy)
*Hiab is the owner of Effer UK subsidiary HMF UK HMF (Denmark) UK subsidiary Hyva UK Hyva (Netherlands) Amco Veba (Italy)
*Hyva is the owner of Amco Veba UK subsidiary Palfinger UK Palfinger (Austria) Importer Penny Engineering Penny Engineering (UK) Manufacturer PM Oil & Steel PM (Italy) UK subsidiary Truck & Marine Cranes Bonfiglioli (Italy) TMC BS (China) Importer

The responses below also include comments from Kinshofer UK, a UK subsidiary of Kinshofer (Germany) that manufactures lifting attachments, such as brick-grabs and clamshell buckets. From this point, we refer to the above as the ‘respondees’. Technical experts from most of the manufacturers listed above make up the majority of national representatives within CEN TC 147/WG 18, which is responsible for the publication of EN 12999. The following loader crane models have historically also been seen in the UK, but without a direct UK subsidiary or obvious importer with which ALLMI may communicate:
• Copma (Italy)
• Ferrari (Italy)
• MKG (Germany)
• Pesci (Italy) There are several manufacturers based in Turkey, Japan, Korea and China, although all with a very minimal number of loader cranes within the UK. Manufacturers of timber handling cranes have been excluded from this list, as they are typically operated from a high-seat, or cabin. The responses have been grouped by type: Responsibilities of the loader crane manufacturer directly: Most loader crane manufacturers’ UK importers / UK subsidiaries are within the ALLMI membership (Penny Engineering being the only UK manufacturer, all others being based overseas). As UK subsidiaries or importers, they are not directly responsible for design. Additionally, all loader crane manufacturers purchase remote control units as a component (except for one large manufacturer that makes its own).

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To our collective knowledge, all remote control manufacturers are also based overseas. Accordingly, respondees stated that any new safety requirements for remote controls should be primarily addressed via the appropriate European design Standards. Scope of request not limited to lorry loaders: Remote controls are used for a wide range of machinery in many different sectors, with there believed to be around 15 producers of remote control systems in Europe (including a large after-market sector). A selection of manufacturers of remote controls in Europe list the following industries as using their products, although the list is not exhaustive. The sectors covered by the loader crane / lorry loader industry are highlighted in bold, below:
• Construction vehicles and machines o Concrete grinding o Concrete pumps o Concrete Saws o Crushers o Demolitions robots o Drilling rigs o Excavators o Forklifts o Loader cranes o Powered access machines / work platforms (MEWPS) o Road surfacing o Rollers o Telescopic forklifts o Truck cranes o Vibrator plates
• Forestry machines o Forestry winches o Forwarders o Harvesters o Stump grinders
• Harbour and ship technology o Anchor handling tugs o Container cranes o Container transporters o Drilling rigs o Harbour cranes o Seismologic research vessels o Ship mounted cranes o Ship winches
• Industry: o Chemicals o Conveyor belts o Milling machines o Petrochemicals o Production lines o Steel industry o Timber industry

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• Load handling o Hooklifts and skip loaders o Knuckleboom cranes (note, this is another common term used for loader cranes) o Loader cranes o Rail installation machinery o Tail lifts o Truck cranes
• Mining o Crushers o Drilling rigs o Rock breaker boom o Stone crushers o Tunnel drilling
• Utility vehicles o Garbage trucks o High pressure and vacuum trucks o Sky lifts o Slope mowers o Snow plows o Tow trucks Respondees agreed that this strengthens the view that any new safety requirements for remote controls should be primarily addressed via the appropriate European design Standards. Regulation 28 Report suggestion of audible warning whilst running: In response to the suggestion made in the Regulation 28 report, the respondees wish to record:
• The requirement for an operational warning already exists (see Section 4).

• There are other acoustic warnings that are a requirement on loader cranes that could clash or cause confusion should an additional one be added, including:

o The RCI system (typically an intermittent tone once 90% utilization of rated capacity is reached). o The RCL system (typically a solid tone once 100% utilization of rated capacity is reached) o Additional remote control functions, such as lever faults, or an indication that the crane is in stabiliser operation mode (rather than crane operation mode). o Low battery warning.

• In recent years there has been considerable pressure on the UK construction industry regarding limiting noise pollution, including from councils who can serve notice regarding how work should be carried out to avoid a statutory noise nuisance. Typically, this involves plant or machinery use to be limited in terms of start times when operating in urban environments. It is the opinion of the respondees that there would be resistance from crane users and sites to any additional acoustic warnings.

• Given the above, it is the respondees’ opinion that the impact of any new acoustic warnings would be minimal (also considering the existing operational warning requirement), with Operators very quickly becoming desensitized to it. There is also a risk of Operators finding it an irritant, with a risk that the system would be tampered with or overridden.

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Regulation 28 Report suggestion of two-handed controls: In response to the suggestion made in the Regulation 28 report, the respondees wish to record:
• Due to the multi-boom / extension nature of loader cranes, Operators use multiple functions at once when lifting as part of normal use, and this suggestion would prevent the possibility of doing so.

• Two handed control (also known as ‘two-stage control’) is already required when operating certain common lifting attachments, such as brick-grabs and clamshell buckets. This is to both prevent the inadvertent opening of a lifting attachment holding a load by the incorrect use of a single lever. Adding a further requirement such as this on a universal basis across all loader crane types is impractical; and could cause additional risk if an Operator effectively must have three points of contact on the levers in certain situations.

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Section 6: Proposals: Generally, it is the respondees’ belief that current safety controls, design features and Operator training facilitate the safe operation of lorry loaders using remote controls, and for employers to fulfill their duties. However, it is accepted that incremental safety improvements should always be strived for, especially as technology develops, and so the following proposals are made.

ALLMI Safe Use of Remote Controls Campaign:

Since 2013, ALLMI has been running a campaign on the ‘Safe Use of Remote Controls’. Campaign material includes a web-based video, an information leaflet (see Annex A) aimed at operators and their immediate supervisors, and a toolbox talk template. All material is (and always has been) freely available via the following page of the ALLMI website:

Since the Campaign was launched over 11 years ago, ALLMI has issued industry reminders of the material’s availability at least annually, and most recently in March this year. ALLMI will continue to raise awareness of this material on a regular basis through various channels.

CEN TC 147 Cranes – Safety: Given remote controls are used by a large range of crane types (see Section 5), it is proposed that ALLMI requests BSI Committee MHE/3/5 mobile cranes writes to CEN Committee TC 147 to suggest the safe design and use of remote controls is re-considered by all applicable working groups via a review of the product Standards they are responsible for. It is known that a TC 147 Plenary meeting is booked for May 2025 in Finland, which could be an ideal forum for such a discussion, and at which the UK will be represented. However, it should be noted that the presentation of UK positions by no means ensures that European Committees will accept them. Design Standards: With European design standards, CEN policy on conformity is based on the ‘neutrality principle’, which requires that they are written in such a way that conformity with the specified requirements can be assessed by a manufacturer, supplier, etc. See CEN Internal Regulations Part 3 Principles and rules for the structure and drafting of CEN and CENELEC documents (ISO/IEC Directives — Part 2:2021, modified, Clause 33). Effectively, this means that product Standards are permitted to only state the requirement but not the specific technological means of how to comply with it. Given that there are already existing Clauses in the relevant Standards regarding protection from inadvertent remote control operation, a level of discussion will be required both in the UK and Europe regarding exactly how any amended requirement(s) might be worded, given that manufacturers can currently, legitimately, claim conformity with the existing requirements. Design Standards – Cranes: ALLMI proposes to log the following comments for the next revision of EN 12999:
• Clause 7 Information for use, could include a requirement for a hazard pictorial visually warning of the hazards associated with the use of remote controls.

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• Following an analysis of a cross-section of manufacturer Operators Manuals, it has been found that there is some inconsistency regarding the inclusion of content directly addressing the need to isolate remote controls prior to undertaking other work or approaching the crane or load. Accordingly, Clause 7.2.3 Instructions for use, could include a requirement for clear instruction on the safe use of remote controls. This would ensure consistency across all loader crane manufacturers; and will be especially important in countries without widespread accredited training schemes, such as ALLMI provides in the UK.

• That a discussion might be held to discuss loader crane-only options regarding the safe use of remote controls (i.e. separate from the actual remote control component itself). Design Standards – Remote controls: The relevant Committees (currently believed to be BSI MCE/3 Safeguarding of machinery and CLC/TC44X Safety of machinery: electrotechnical aspects) will be approached to request:
• A discussion regarding innovation, such as vibration based idle time warnings; inclinometer based automatic isolation; time-out options; etc. and how a new requirement might be included in the appropriate Standard(s).

Please note that several remote manufacturers have just recently released new generations of remote controls, so any additional requirements would need to consider development and implementation time.

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Section 7: Clarifications: ALLMI would like to express regret that as far as we are aware, no representative from the UK lorry loader sector was called to the Coroner’s investigation. Specifically:
• The Regulation 28 report uses the term ‘Hiab’ in relation to the equipment in question. However, the correct term is ‘loader crane’, with Hiab being a specific manufacturer of loader cranes. Due to the public availability of the Regulation 28 Notice, news publications / websites have reported that it was a Hiab involved in the fatality, which is incorrect, and has the potential to cause reputational damage to Hiab. Hiab UK had to contact several media outlets to request retractions / clarifications in this regard. In correspondence with the Coroner’s office in the production of this response, we were informed “The report is already in the public domain. The reference to HIAB was unchallenged throughout the inquest and the reference should be addressed in the response, which will also be published”. Adequate industry representation at the investigation would have prevented the publication of this inaccuracy.

• As detailed in Section 5, focus has been placed on the suggestion of safety systems that are unlikely to be implementable, based on evidence given by the Managing Director of 3D Scaffolding. Adequate industry representation at the investigation would have provided context to the existing requirements regarding loader crane design Standards, and prevented such suggestions being repeated in the press without adequate context.

• Had ALLMI been invited to attend the investigation, it would have provided the opportunity to discuss the existing Safe Use of Remote Controls campaign material and training course content (as well as the points above) prior to the receipt of the Regulation 28 report.

Accordingly, ALLMI would like to place on record a request that in the event of future investigations regarding lorry loaders / loader cranes, suitable industry representation is called, particularly in the event of the investigation requiring the discussion of European design Standards. May ALLMI and all the respondees herein place on record our sincere sympathies to the family and friends of Mr Harrison. We respectfully submit this response accompanied by the statement that all information contained is true and accurate to the best of our knowledge and belief.

For and on behalf of ALLMI Ltd,

ALLMI Technical Manager

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Annex A: ALLMI Safe Use of Remote Controls Leaflet:

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