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Posted By flushfolder
Can any body help me as to where I stand with regards to the guarding on re-furbished second hand machinery for use in food processing.
The machines, mostly mixers, were built when there was no legislation for guarding either electrically interlocked or physical.
If I re-furbish these machines to their original condition do I need to manufacture guards to comply with the current legislation before re-sale, or is the onus on the customer? (i.e. PUWER).
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Posted By CRT
Hi,
would suggest you read the Supply of Machinery (Safety) Regulations 1994, this will tell you all you need to know
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Posted By Kevin Drew
Sorry but CRT is incorrect. The Supply of Machinery (Safety) Regulations do not apply to secondhand machinery. There have been numerous threads on this, one quite recently.
In response to your question, the onus falls clearly on yourself as the supplier to make the machinery safe before resale. There can be no get out clauses such as "sold as seen".
Regards
Kevin Drew
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Posted By flushfolder
Thanks Kev
my only worry is that fitting the guards will increase the re-sale costs and i will not be able to compete with others in the industry who do not follow legislation!
oh well, at least i can sleep at night!
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Posted By Adam Hammerton
Kev,
The Supply of Machinery Regs can apply to second hand equipment but only where it has been substantially refurbished (e.g. added modern control systems, etc).
Adam
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Posted By Bill Elliott
It will depend a lot on the age and original manufacturer and to some extent if you are also referring to attachments but the mnfrs did a number of retro fit guards for a whole range of catering machines. A check on their web sites may offer some help. I take your point though about remaining competitive with those others not so mindful of safety.
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Posted By Kevin Drew Adam, Thanks for that. flushfolder As to the costs of refurbishment, they may be less than the costs of fines in the event of prosecution. I refer to you to the following HSE web address relating to the prosecution of both the supplier and buyer/user of secondhand machinery. http://www.hse.gov.uk/press/2003/e03124.htmThe only way to dispense with your obligations is to get the buyer to agree to undertake any necessary improvements to bring the machinery upto modern standards. I suspect that this may be difficult to achieve. Regards Kevin Drew
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Posted By flushfolder
its great to be able to get some constructive advice.
thanks to everybody who replied
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Posted By Lawrence Bamber
Basically PUWER applies to all machinery newly supplied within the UK/EU.
So if you supply any machinery you as the supplier needs to ensure that it complies with all UK/EU legislative requirements, which includes guarding etc.
This general requirement was in sect 6 of HASAWA 1974, so it applied back when the machinery was made!
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Posted By TBC
Hi 'flushfolder'
So you spend more on the additional and necessary safety devices - you are then saving yourself from problems and the buyer the trouble and expense of conformity with the regs. Explained this way to the buyer - I would see that as a plus to your sales pitch.
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Posted By CRT
Kevin.
Thanks for ponting out my error however i was`nt aware that i did say they applied, the request was for info to determine what were the requirements, having never read these particular regs i could not comment on the contents, however if they say that they do not apply, then has`nt this answered the original query for guidance ?
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