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When does commissioning end and operations start?
Rank: Forum user
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Looking for a little bit of advice here. We've been installing a new piece of equipment over the last few months and going through the project phase of working towards legal compliance with the operation. The equipment and associated process still isnt fully legally compliant and we're probably two months away from final sign off.
However, its capable of making a finished product and the powers at be have decided that we'll man the line up and produce under the guise of 'trials and commissioning'. The finished product will be put on hold initially but will eventually be released to the market and the employees on the line will be normal staff rather than project engineers or contractors.
For me, this is now in production and no longer in the project phase. This isnt an isolated run for proof of concept or the fine tuning but will be running for 8 hours a day. I've raised a host of concerns about this but the project engineers are adamant that as far as they're concerned its still at project stage untill handover. I did point out that just because a piece of equipment is in the commissioning stage it doesnt remove the legal responsibilities that come with it. We have a bit of a difference of opinion
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Rank: Forum user
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I would say when you get beneficial use from the equipment.
What does the supplier say with regards to warranty periods?
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Rank: Forum user
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That was my view too. The equipment was purchased used outside of the EU so has no warranty attached. The CE marking is one of the areas of breach.
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Rank: New forum user
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FB
You need to ask who will "own" the plant while the your product is being produced. Whose insurance company will underwrite the risk of injury to your personnel, damage to the machinery and to your product when your employees are using the supplier's machinery, which has not been signed over and which, as you say, is not yet legal? Who will cover the risk to the commissioning crew when working on already-producing machinery? Will your employers' liability insurance company cover the risk to your employees when they are using non-certified and illegal machinery and will your managers be willing to accept the potential corporate manslaughter implications of their decision? What permit-to-work control will be in place and who will perform the risk assessment and produce the operations manual and who will train your operators and to what standard? The supplier's insurance company will almost certainly wash their hands of any damage to the plant caused by your employees using it before it has been certified (CE mark, declaration of conformity and operational instructions etc.) and formally handed over to you. Who, too, will cover the product liability aspects of the "on hold" product when it is finally released to the market and which can (must) be identified by serial number or batch number? There are many examples of companies not having to pay for accidental damage caused to equipment when it was still under the control of the commissioning crew and in addition, being able to win damages for the lost production which followed. Your situation can best be described as a can of worms.
Having just read your statement that the machinery has been purchased outside the EU, you will need to identify who will sign the declaration of conformity and confirm compliance with all the other aspects of PUWER and the supply of machinery (safety) regulations.
Kind regards, Chris
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Rank: Forum user
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thanks for the responses.
It gets a bit complicated in that we imported the machinery ourselves and are retaining a consulting firm to complete the CE certification on our behalf. Its being assembled by a combination of our own engineering staff and third party contractors. The insurers where notified to cover the fabrication and fault correcting process but I suspect they'd be unwilling to cover the 'extended trials'
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Rank: Super forum user
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In the wider context it isn't unusual to operate whilst snagging issues are to be resolved and (dare I say it) the situation can be a dynamic one.
In your specific context, I'd expect someone to be signing-off on the essential safety (i.e. CE) elements before any sort of production. Anything less is contrary to PUWER and the potential for interlock or othe safety feature failure is, from your perspective, unquantifiable.
The powers that be may be content to take that risk, and presumably the potential consequences, but the operators are caught in the middle of things and the group likely to sustain serious injury if things go awry.
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Rank: Forum user
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I agree with the statements above which require a review of the essential health and safety requirements (under the Supply of Machinery (Safety) Regulations), however, the basics like machinery guarding should be in place.
I would expect those undertaking the 'commissioning' phase to be trained and competent in the commissioning activities.
I have not seen any mention about CDM in the discussion thread so far. As the project will have been over 30 days it would have been notifiable to the HSE and commissioning work still counts as the construction phase. (Engineering construction falls within the CDM Regulations)
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When does commissioning end and operations start?
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