Hi

My understanding is with work equipment, that it has to be maintained and made safe irrespective of age. However would appreciate if anyone would know, with regard to older machinery, is it that it has to be CE Marked and comply with the Current Directive on machinery, that is - does it have to be CE Marked since 2006. Would appreciate if anyone can confirm.

Killeen

I have been informed that the Machinery Directive 2006 replaced an earlier directive from 1989. Therefore, any piece of equipment which was first supplied in the European Community after the 1 January 1995 should carry the CE mark. This answers my question.

Thank You

Very good point indeed phow - I have a phrase for CE..... Check Everything

Killeen,

Don't get to tangled up with the need for CE marking. Any machinery available for sale within the EEC should be built to a standard before it can be put "on the market". This doesnt necesarily mean it is safe to use, just meets a standard. I think, that in your example, it matters not that the machine is old or pre 2006, (and indeed it may have had a ce mark, but this may have been "lost", fallen off, painted over etc), the main concern should be "is it safe" and does it conform to the relevant Regs or in your case, Work Equipment regs. If it doesnt, then it needs to be brought up to standard and made safe.
So, if you are talking about a piece of equipment that you have had for years, then it needs to be to current standards, ie safe. If it is a "older" piece of equipment that you a looking to buy from a supplier, then they have a duty to bring it up to current standards before it is offered for sale, (which they may be reluctant to do due to cost / profit?). I know of some machinery suppliers who sell old stuff as "spares", then it is the end users responsibility to make the machine "safe" if they return it to use.

Hope that helps,

In reality, the requirements of the General Application Regs are similar to the Essential Health and Safety Requirements of any particular machinery directive, the only difference is that a Technical file, Declaration of Conformity or CE mark is not required. Meaning and spirit is the same.

Holmezy
EU and national law states that equipment may only be put into use if the equipment meets the essential health and safety requirements of the machinery directive.

Irrespective of risk assessment, Hazop, FMEA or any other methodology, unless the machine in question is provided with technical file, Declaration of Conformity and CE mark (in other words, demonstration of compliance with the requirements of the machinery directive) it cannot be put into use.

In other words, in the event of an accident and legal action, it is clear that if the kit was not in compliance with requirements, it should not have been used and if not used then the accident would not have occurred.

In essence, the advice not to be concerned with CE marking is very misleading!!!!!!!!!!!!!!!!!!!!!!!

Bleve,

In essence, I agree with your comments re what "should" happen with regards to newly supplied machinery. However, there are many machines available, either new or second hand, that "may" have the CE mark, but that still doesnt mean that they are safe! There are machines that have been adapted for a different use (which nullifies the technical file, CE mark etc) that are still safe. There are machines out there that have been built by the individuals for their own use, that have never been CE marked or had a technical file, and are safe. Any machinery could be sourced, modified, adapted regardless of the CE mark, BUT (where we agree, I think) should not be used unless "safe" in accordance with the directive and relevant British Standard.
To sell (or make available for sale) within the EU, then the tech file, CE mark is required, however, that still doesnt make it "safe". Ultimately, any breach, claim or prosecution would be determined by whether the machine was "safe" and conforming, not if it had the Tech file, CE mark etc.
I stand by my original comment that the CE mark doesnt make it safe, thats down to the end user to determine, only that it has been built to a standard. So, whether it has a CE mark or not, the overiding duty is to ensure it is safe to use? Not misleading in my view?

Holmezy

quote=paul.skyrme]Bleve,
You are IMHO correct, bar for one point the Technical File does NOT need to be supplied with the machine and almost definitely would not be.
I have never known a full technical file be provided with a machine.
The detail that would be required would be of commercial confidentiality levels.
AFAIK the ONLY "body" that can demand the "full" technical file in the UK is HSE.

Bleve, while agreeing that this requirement does exist, I would not agree that it applies in the "majority of cases". This requirement seems to me (from personal experience with assessing new production lines) to be widely misunderstood. The Directive is quite clear (Article 2(a) and paragraph 38 (on page 33 for those who don't want to read the whole thing!) of the Guidance http://ec.europa.eu/ente...-42-ec-2nd-201006_en.pdf) that the definition "an assembly of machinery" ONLY applies where the constituent units are "functionally linked" and have a "common control system".

In particular it does not apply to a case where a number of machines (each with their own controls) are simply connected together by conveyors or similar, which in my experience is the case in many manufacturing situations. The guidance says of this -"A group of machines that are connected to each other but where each machine functions independently of the others is not considered as an assembly of machinery in the above sense"