SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008

Further to our recent conversation relating to the delay in publication of EN12999:2009 Cranes – Loader Cranes I would like to confirm the HSE position with regard to compliance with the Machinery Directive. The latest version of the Machinery Directive as enacted in the UK by the Supply of Machinery (Safety) Regulations 2008 came into force on the 29 December 2009.

As with previous versions the Directive requires Manufacturers / Importers of machinery such as Loader Cranes to either declare that their equipment complies with a transposed Harmonised European Standard or that it directly satisfies the Essential Health and Safety Requirements (EHSR’s) of the Machinery Directive.

A consequence of the delay to publish EN12999:2009 is that manufacturers / importers will no longer be able to declare against a harmonised standard and will have to directly satisfy the EHSR’s of the new Directive. The existing European Standard EN12999:2002A2 does not provide presumption of conformity to the new Directive.

The new Directive has introduced a requirement under EHSR 1.2.a. for consideration of foreseeable misuse of the equipment. In official guidance to the new Directive an example provided of foreseeable misuse is the failure to deploy stabilisers on a crane or Mobile Elevated Work Platform.

If you recall EN12999:2009 addressed foreseeable misuse with a requirement that the position of the stabilisers is monitored by the rated capacity system.

In summary from 29 December 2009 manufacturers / importers will have to declare directly against the EHSR’s of the new Directive. In preparing their declaration they must take account of foreseeable misuse of the stabilisers.

Under the Health and Safety at Work etc Act 1974 the HSE has powers to take enforcement action with both suppliers and users of work equipment such as Loader Cranes where they have not complied with Health and Safety Legislation. I would ask you to bring the matters contained in this letter to the attention of your members.

Yours sincerely

Ian Simpson
HM Principal Specialist Inspector of Health and Safety
Mechanical Engineering Specialist Group – North