The Supply of Machinery (Safety) Regulations 2008 (as amended)
The Regulations require manufacturers to ensure that any machinery supplied under these Regulations meet essential health and safety requirements that are prescribed, carries a declaration to state that it does comply and bears the CE mark. The Regulations came into effect on the 1st January 1993 and only apply to machinery manufactured on or after this date.
What do the Regulations apply to?
These Regulations apply to all machinery placed on the UK market, wherever it is to be used in the European Economic Area (EEA)(the EEA comprises all EU and EFTA countries with the exception of Switzerland). The regulations require manufacturers to ensure that any machinery supplied under these regulations meet essential health and safety requirements that are prescribed, caries a declaration to state that it complies and bears the CE mark.
The term 'machinery' is broadly defined and includes what is generally understood by the term, as well as some other products. Examples include:
- a complex production line;
- a forklift truck;
- a circular saw;
- an agricultural plough;
- lifting equipment and lifting tackle;
- an escalator.
What are the Requirements of these Regulations
Most importantly, they require all UK manufacturers and suppliers to make sure that the machinery, which they supply, is safe. They also require manufacturers to make sure:
- machinery meets relevant essential health and safety requirements, which include the provision of sufficient instructions;
- a technical file for the machinery has been drawn up, and in certain cases, the machinery has been type-examined by a notified body;
- there is a 'declaration of conformity' (or in some causes a 'declaration of incorporation') for the machinery, which should be issued with it, and
- there is CE marking affixed to the machinery (unless it comes with a declaration of incorporation).
Can you regard CE Marking as a Guarantee of Safety?
No. - CE marking is not a quality mark and affixing it on machinery is only one of the several requirements that the manufacturer has to meet. By affixing CE marking to machinery, the manufacturer is claiming that all relevant legal requirements have been met, duties still exist to make sure as far as reasonably practicable, that the machinery is safe.
- look for obvious defects, such as missing guards or other safety devices, or inadequately protected electric wiring;
- check that known risks (including risks from fumes or dust, noise or vibration) from the machinery when it is in use will be properly controlled or that there is information on how they can be controlled;
- make sure the manufacturer has provided instructions for safe installation, use, adjustment and maintenance, and that these are in English if the machinery is for use in the UK (some maintenance instructions may be in another language if staff from the manufacturer are to carry out specialised maintenance);
- check that data about noise and vibration emissions have been provided, where appropriate;
- make sure that any warning signs are visible and easy to understand;
- check for CE marking.