Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Safety9876  
#1 Posted : 21 November 2020 10:26:23(UTC)
Rank: Forum user
Safety9876

Hello All,

 

I am currently seeking some clarity on product safety testing statutory legal requirements.

 

Our Dubai based company is purchasing a Mobile Telecommunications Base Station and 50w Amplifier System from a supplier in the UK to ship to the Middle East (for commercial use only). The unit is made up of multiple components that have been tested to CE Marking.

 

There is a Third Party Inspection Company that works on behalf of the client to inspect the test records and to issue a Certificate of Conformity. They have informed us that there should be IEC inspection prior to export.

 

We employed a company to complete the Factory Acceptance Test (FAT) and they have informed us of the following: -

 

Product Safety

 

The MANUFACTURER has not conducted any safety testing on their in-house built equipment.

 

In addition to this they have not conducted any safety testing through any of the independent bodies or schemes such as the CB Scheme. As this is being exported beyond the EU boundaries it must meet the standard required for importation to MIDDLE EAST COUNTRY. The CB Scheme can be seen as a product passport for the world. It offers the potential of performing one test and certification to obtain one or more national certification marks in one go. Each National Certification Body (NCB) will recognize test reports issued by one another, so that the manufacturer does not need to get a product re-tested if they want to use a particular certifying body’s test mark on that product.

 

A new standard,  IEC 62368-1, will soon replace the following global safety standards for information and communication technology (ICT) equipment and audio-visual (AV) equipment:

 

•            IEC 60950-1 (safety requirements for ICT equipment)

•            IEC 60065 (safety requirements for AV equipment)

 

Increased technological advancements are blurring the line between ‘traditional’ AV and ICT equipment. The IEC has therefore drafted the IEC 62368-1 to act as an overarching standard that is applicable to both electronic equipment and IT/communications technology. The standard introduces a new, hazard-based philosophy to product testing, placing more emphasis evaluating product safety in the design phase.

 

On December 20th 2020, the IEC 62368 will become legally compulsory for all audio-visual (AV) and information and communication technology (ICT) components and equipment located in

•            The EU

•            North America

•            Japan

•            South Korea

•            China (in progress)

•            Mexico

•            Australia & New Zealand

 

Question: What is the statutory legal requirements for the manufacturer to complete IEC or is this a nice-to—have?

 Any advice and links to legalsation would be welcomed. 

Thank in advance.

Roundtuit  
#2 Posted : 21 November 2020 12:28:32(UTC)
Rank: Super forum user
Roundtuit

This is quite a complex question for a general UK H&S forum - looks like one for the specialist Paul Skyrme

https://www.iec.ch/standardsdev/publications/is.htm

Voluntary adoption Adoption of IEC standards by any country, whether it is a member of the Commission or not, is entirely voluntary.

If adoption is voluntary how do they become legal requirements as stated by your 3rd party?

Ideally you need to go back to the contract and specification for supply. I get the feeling the quipment is not cheap so will likely have a very specific rather than generic set of terms and conditions stated along with detail of any requirements that must be satisfied.

https://ec.europa.eu/growth/single-market/ce-marking/manufacturers_en

Likley the equipment will be covered by several directives - ElectroMagnetic Compatability, Low Voltage, Radio Equipment

https://ec.europa.eu/growth/sectors/electrical-engineering/emc-directive_en

https://ec.europa.eu/growth/sectors/electrical-engineering/lvd-directive_en

https://ec.europa.eu/growth/sectors/electrical-engineering/red-directive_en

Roundtuit  
#3 Posted : 21 November 2020 12:28:32(UTC)
Rank: Super forum user
Roundtuit

This is quite a complex question for a general UK H&S forum - looks like one for the specialist Paul Skyrme

https://www.iec.ch/standardsdev/publications/is.htm

Voluntary adoption Adoption of IEC standards by any country, whether it is a member of the Commission or not, is entirely voluntary.

If adoption is voluntary how do they become legal requirements as stated by your 3rd party?

Ideally you need to go back to the contract and specification for supply. I get the feeling the quipment is not cheap so will likely have a very specific rather than generic set of terms and conditions stated along with detail of any requirements that must be satisfied.

https://ec.europa.eu/growth/single-market/ce-marking/manufacturers_en

Likley the equipment will be covered by several directives - ElectroMagnetic Compatability, Low Voltage, Radio Equipment

https://ec.europa.eu/growth/sectors/electrical-engineering/emc-directive_en

https://ec.europa.eu/growth/sectors/electrical-engineering/lvd-directive_en

https://ec.europa.eu/growth/sectors/electrical-engineering/red-directive_en

paul.skyrme  
#4 Posted : 21 November 2020 13:34:56(UTC)
Rank: Super forum user
paul.skyrme

Standards are NOT legally enforceable.

They are always voluntary.

Whoever told you otherwise is simply wrong, and I would not trust their advice any further.

Standards, are one route to compliance as they offer a presumption of conformity to the relevant Directive, once published and validated in the Official Journal of the EU.

Compliance with for example the Low Voltage Directive, and the Radio Equipment Directive is acceptable by self-certification, however difficult this is to prove it is a suitable and legal route to market. (Unfortunately).

Each unit must be accompanied by the relevant Declaration of Conformity (correctly formatted) for the product being supplied.

This is strictly speaking adequate for any equipment being placed on the market in the EU.

Nobody, other than H&S enforcement organisations, such as in the UK the HSE has the legal right to see the technical file for the product to prove its safety, what testing has been done etc.

I am unsure of the requirements in the Middle East, however.

thanks 2 users thanked paul.skyrme for this useful post.
peter gotch on 21/11/2020(UTC), Roundtuit on 21/11/2020(UTC)
Kate  
#5 Posted : 24 November 2020 09:19:30(UTC)
Rank: Super forum user
Kate

But surely any legislative body can choose to make a law requiring compliance with any standards it chooses.

For example, don't the Safety Signs and Signals Regs refer to a BS for signs?

stevedm  
#6 Posted : 24 November 2020 09:35:30(UTC)
Rank: Super forum user
stevedm

The legal requirement comes from the product safety legislation made under The HSW act...they all reference supporting BS/EN/ISO standards...in UAE there was a federal product safety law (Federal Law No10), that came into force in 2019... which again references the standards..so yes you can enforce them but the legal mechanism is the Federal Law No 10 (In UAE) or Product Safety Legislation in UK....

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.