Looking at changes to machinery regulations
02 November 2023
In addition to the Supply of Machinery (Safety) Regulations 2008, companies also need to ensure they keep abreast of upcoming regulation, says Darren Hugheston-Roberts
FOR THE UK market, the Supply of Machinery (Safety) Regulations 2008 continues to be in alignment with the EU’s Machinery Directive 2006/42/EC. Before machinery and other products in the Regulation’s scope are placed on the market or put into service for the first time, they must be safe, have appropriate markings, and the manufacturer must have a technical file.
Under the new regime, UKCA will be the marking applied under the Regulation. Such equipment must also be supplied with comprehensive instructions in English and a Declaration of Conformity, or assembly instructions and a Declaration of Incorporation for partly completed machinery.
Defining a responsible person
UK regulations define a responsible person as one who holds a position of sufficient responsibility to ensure machinery safety. This can be the manufacturer or the authorised representative. However, they do not have to be an expert and are allowed to seek the appropriate advice. The responsible person must ensure that all the necessary research and tests are conducted so that machinery can be assembled and put into service safely.
The responsible person must also ensure that a suitable technical file is compiled and remains available for inspection by a competent national authority for a period of ten years after the last product type was manufactured and placed onto the market.
The appropriate conformity assessment procedure must also be followed. The three methods available are:
- Part 8 of Schedule 2 - The conformity assessment procedure with internal checks on the manufacture of machinery.
- Part 9 of Schedule 2 and Part 8 of Schedule 2, point 3 - Type-examination and the internal checks on the manufacture of machinery.
- Part 10 of Schedule 2 - Full quality assurance.
Regulation 10 applies to machinery that does not fall within a category of machinery referred to in Part 4 of Schedule 2. In this case the conformity assessment procedure that should be applied is Part 8.
Regulation 11 applies to machinery that falls within a category listed within Part 4 of Schedule 2. The machinery must be manufactured fully in accordance with published designated standards, which cover all the applicable essential health and safety requirements.
Regulation 12 applies to machinery that falls within a category listed within Part 4 of Schedule 2. This is where the machinery is not manufactured fully in accordance with published designated standards; or is only partly manufactured in accordance with the published designated standards which relate to it; or the published designated standards in accordance with which the machinery is manufactured do not cover all the applicable essential health and safety requirements; or no designated standards exist for the machinery.
Where Type Examination or Full Quality Assurance is used as a procedure for assessing conformity, the government will be introducing legislation. This will allow conformity assessment activities undertaken by EU-recognised Conformity Assessment Bodies (CABs), for CE certification before 11pm on 31 December 2024, to be used by manufacturers to declare existing product types as compliant with UKCA requirements.
Products must still bear the UKCA marking and will need to undergo conformity assessment with a UK Approved Body at the expiry of the certificate or after 31 December 2027, whichever is sooner. The government also intends to introduce legislation enabling the UKCA marking to be placed on a label affixed to the product or on a document accompanying the product until 11pm on 31 December 2027.
The responsible person must also ensure that appropriate instructions are made available to operate machinery safely, that a declaration of conformity is drawn up, and that the UKCA marking is affixed.
Darren Hugheston-Roberts is head of machinery safety at TÜV SÜD UK
For more information:
Tel: 01355 593700