Prepare for a new Directive
March 1st 2009 The new Machinery Directive comes into operation on
29 December this year. Its implications are far reaching,
affecting most businesses in one way or another, and the
penalties for non-compliance are serious.Paul Laidler of
Laidler Associates explains
For the purposes of the directive, a
machine is defined as 'an assembly of
linked parts or components at least
one of which moves, with the appropriate
actuator, control and power circuits, joined
together for a specific application, in
particular for the processing, treatment,
moving or packaging of a material'. The term
machinery also covers an
assembly of machines, which
are controlled so that they
function as an integral whole,
such as a production line.
The scope also includes items
such as safety components,
lifting accessories and
chains, ropes and webbing,
construction site hoists and
devices for the lifting of
persons with reduced
mobility.
When asked the
question: 'Why do we have
to comply?' the answer
should really be 'because if we
don't, our employees may be injured.'
However, another answer is that all the
European directives are brought into UK law
by the issue of Regulations, which mean that
if you don't comply you are committing a
criminal offence punishable by fines and
possibly imprisonment.
So how do you comply?' The short
answer is:
Demonstrate compliance with the
essential health and safety requirements
Carry out the appropriate conformity
assessment procedure
Draw up and issue the Declaration of
Conformity or Incorporation.
Apply the CE Mark.
It isn't just machines and safety
components that are affected, though.
Processes and systems are also involved, and
if you are creating a complex assembly, such
as a production line, by interlinking a series
of existing machines you are in effect
creating something new – so the whole
assembly must comply with the Directive.
Similarly, altering the function or
performance of a machine or complex
assembly is also essentially creating a new
machine, which must comply.
Also, if you are at the start of a project
where the finish date is towards the end of
2009 or the beginning of 2010, you may need
to start using the new Directive now, as you
will not be able to produce a final
declaration under the current Directive after
December 29th.
Alterations to the EHSRs are too
numerous to detail here, but affect issues
such as: ergonomics, operating positions,
seating, lighting, manual controls, starting
machinery, stability of machinery, protection
devices, machinery instructions, plus
machinery for foodstuffs and for cosmetic
and pharmaceutical products.
There are also key changes to the
Declaration of Conformity and the person
who is authorised to compile the Technical
File must be established in the European
Community.Where appropriate there must
be a statement confirming declaration of
conformity with other applicable directives
and there is no longer a separate declaration
for safety components.
Control systems, says the Directive, must
be designed and constructed in a way that
will prevent a hazardous situation arising.
Manual controls must be clearly visible and
identifiable; the use of pictograms is
recommended. And an operator must, from
each control position, be able to ensure that
no one is in the danger zone – even if that
means that the machinery can be controlled
only from positions in one or more
predetermined zones or locations.
There are obviously many more issues
contained within the new Machinery
Directive, and it is vital that business
organisations move in good time to make
sure that they comply.
The new Machinery Directive is a
necessary move forward in this day and age,
with increasing movement of businesses and
their plant within the European community,
and with growing importance placed on the
health, safety and wellbeing of the people
that work with or near the machinery. But it
still places a demanding requirement on a
vast range of businesses.
The decision that needs to be made is
whether there is sufficient manpower, let
alone expertise, in-house to carry out the
necessary risk assessments and make changes
- or whether the task should be outsourced.
Either way, companies need to make sure
that they are completely up to date, properly
informed and ultimately compliant.
Laidler Associates specialises in helping
organisations comply with directives and
obtain CE marking. More articles from Laidler Associates: | 
