I’m looking for advice regarding the supply of safety information (Maximum Safe Working Load Data) from a manufacturer of pallet racking. 

Most manufacturers supply their racking with maximum safe load capacity data for the use of their racking systems. I have a client who has no safe load signs for their racking system. I have requested the OEM for SWL information, and they have said they will only supply information if I basically hand over my client to them, that the racking must be reinstalled by contractors of their approval, and that racking supplied before 2014 will not have any SWL information supplied, thus rendering it technically unusable.

Any advice is welcome on what facets are at play here with regard to statutory duties and liabilities of the manufacturer, albeit hypothetically.

Morning RackMan

You know more about the DOs and DON'Ts of racking that I do, so I will treat your question at face value. i.e. you want comment on the legal niceties.

If the racking manufacturer who has been approached for information is not the original manufacturer/supplier is NOT the company (or its predecessor identity) then I can quite see why this company would want to see this as a a business opportunity.

However, what I don't understand is why the year 2014 might have some magical signficance EVEN if that was the date in which some, e.g. SEMA guidance was published or updated.

Section 6(1) of the Health and Safety at Work etc Act 1974 put duties on manufacturers and suppliers of any "article for use at work" to do certain things inclusive of providing information.

The term in brackets is defined in Section 53 of the Act by cross-reference to "plant".

" plant " includes any machinery, equipment or appliance ;

Note that the definition says "includes" so is NOT exhaustive.

Not much doubt in my mind that racking in a warehouse used as a workplace counts as "plant", not least as there was plenty of case law interpreting the term BEFORE the 1974 Act was passed.

Almost all of HSWA including Section 6 came into force on 1 April 1975 and whilst I wasn't working as an OSH professional at that time, racking has come with information for as long as I have been an OSH professional. 

Now there probably IS plenty of racking still in use in the UK which predates 1975, but otherwise some argument that a need for information with racking is in some way "new" is groundless.

If the original manufacturer is out of business or uncooperative (for whatever reason) it might be that your Client needs to go back to first principles and follow some of the considerations you have mentioned in earlier activity on these Forums.

Good luck, Peter

By default you could also apply SI 2005 No 1803 The General Product Safety Regulations 2005 which places obligations on the market supplier to provide a safe product and ensure the customer has sufficient instruction and information to use the product safely. A load chart would be such a piece of information.

These obligations have since been copied across in to many of the supply chain regulations e.g. Construction Products, Pressure Vessels etc.