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26.—(1) Every employer shall ensure that where there is a risk to an employee riding on mobile work equipment from its rolling over, it is minimised by—
(a)stabilising the work equipment;
(b)a structure which ensures that the work equipment does no more than fall on its side;
(c)a structure giving sufficient clearance to anyone being carried if it overturns further than that; or
(d)a device giving comparable protection.
(2) Where there is a risk of anyone being carried by mobile work equipment being crushed by its rolling over, the employer shall ensure that it has a suitable restraining system for him.
(3) This regulation shall not apply to a fork-lift truck having a structure described in sub-paragraph (b) or (c) of paragraph (1).
(4) Compliance with this regulation is not required where—
(a)it would increase the overall risk to safety;
(b)it would not be reasonably practicable to operate the mobile work equipment in consequence; or
(c)in relation to an item of work equipment provided for use in the undertaking or establishment before 5th December 1998 it would not be reasonably practicable.
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