Taking a view on safety and regulations

ALEM answers your questions regarding the safe and legal use of loading bay and lifting equipment.

Do all new products have to be CE marked?

No. This only applies to those products that come under one of the relevant product supply Directives that require CE marking, for example: Machinery; Lifts; Pressure equipment; Low-voltage electrical equipment; Equipment for use in potentially explosive atmospheres.

Products that do not fall under these Directives - such as manually-powered machinery (except those used for lifting), tools and ladders - must not be CE marked.

Does a combination of machines have to be CE marked?

Yes. When you combine a series of complete machines and / or partly completed machines so they operate as a single assembly line (ie under a single control system), you have to:

• Apply the CE mark.

• Issue a Declaration of Conformity.

• Produce / keep a technical file.

This must be done for the complete assembly line as a whole, even if each individual machine has its own CE mark. The technical file only needs to contain the design details and drawings of any control systems and other parts you've had to supply or modify, and the Declarations of Conformity / Incorporation for each of the items in the line.

When did the new, amended, Machinery Directive become law?

Directive 2006/42/EC must have been transposed into the national legislation of all 27 member states by 29 June 2008 and became the national law in each member state from 29 December 2009.

Can other national laws be used instead of the Machinery Directive?

The Machinery Directive 2006/42/EC is European law and supersedes all other national Laws or Regulations regarding the design manufacture and supply of machinery, including lifting platforms and stair lifts.

What is an essential safety and health requirement?

The Essential Health and Safety Requirements of the EC Machinery Directive 2006/42/EC are written with the intention to make manufacturers look for, understand, and prevent any hazards produced by the movement of the machinery. Lift tables, dock levellers, vehicle tail lifts and many more products provided by ALEM members are regulated by the relevant Essential Health and Safety Requirements of the EC Machinery Directive 2006/42/EC.

Are there any extra checks needed other than by the manufacturer?

Not always. According to the Machinery Directive 2006/42/EC Annex IV, if the lifting height (travel) of a product exceeds 3.0 metres, it must either:

• Be EC type tested and certified by an accredited European Notified body OR

• Fully comply with the harmonised EN standard OR

• The manufacturer must have a quality assurance system, such as ISO 9001, approved by an accredited notified body, which covers both product development and manufacture

Who does any extra checks that are needed when the travel height is over 3 metres?

Accredited European Notified Bodies such as, for example, TUV, DNV, IMQ, Liftinstituut, etc., have issued EC type test Certificates for European manufacturers of lifting products for travel heights of 3.0 m. and higher with the risk assessments made in conformity with the applicable Essential Health and Safety requirements of the Machinery Directive 2006/42/EC

How do I know that a lift table, or other product, with a travel height over 3 metres is safe?

A lift table or other product with a travel height over 3 metres will have been risk assessed by the manufacturer to meet all the relevant Essential Health and Safety Requirements of the Machinery Directive 2006/42/EC. If it does not fully comply with the European standard, or if the manufacturer does not have a quality assurance system, such as ISO 9001, approved by an accredited notified body, which covers both product development and manufacture, then it must be EC type tested by an accredited European Notified Body who will issue a Type Examination Certificate. Once one of these conditions has been met the manufacturer signs, and issues with the machine, a Declaration of Conformity and affixes the CE mark, thus officially declaring it to be safe for use and allowing it to be legally sold in any EU member state irrespective of other national standards or regulations.

Can I demand information from the manufacturer's technical file?

No. This file contains confidential information that the manufacturer does not have to release to their customers. However, manufacturers must supply full instructions for the safe use of the product, as well as certain other information, such as the noise and vibration levels of the machinery, and how to combine the item with other products (if this is envisaged).European member state market surveillance authorities have the right to demand information from the technical file, but they have a legal duty to keep the relevant information confidential.

Can an EU national authority refuse to allow products that meet the requirements of the Machinery Directive 2006/42/EC to be supplied?

To prevent or restrict the supply of a legitimately CE-marked product is a serious violation against the free movement of goods, services and capitals within the EU member States.

What does an EU national authority have to do if it wants to restrict the supply of any product?

If national authorities do not accept that a legitimately CE-marked product is safe to use they have to file a Safeguard Clause and contact the European Commission and the manufacturer, stating in writing the legal reasons why they have stopped this product from being supplied and installed.

What are the main requirements of the Provision and Use of Work Equipment Regulations (PUWER)?

The main requirements are essentially that any risks to people's health and safety arising from the use of work equipment are prevented or controlled by:

• Selecting and providing the right equipment for the job.

• Ensuring work equipment is safely used by trained people.

• Inspecting and maintaining work equipment so it remains safe.

These requirements must be met by employers, the self-employed and by people who have control over work equipment. There are also other more detailed requirements in PUWER, for example compliance with European Community requirements and the guarding of dangerous parts. There are particular provisions in PUWER relating to mobile work equipment, woodworking machinery and power presses.

What is work equipment?

Work equipment is any machinery, appliance, apparatus, tool or installation for use at work, whether exclusively used at work or not. The scope of work equipment is therefore extremely wide.