Machinery Directive: Will you still be compliant?
February 1st 2009 The implications of the new Machinery Directive that comes into operation on 29 December '09 are numerous and far reaching and could affect most businesses in some way, explains Paul Laidler
For the purposes of the directive, a machine is defined as "an assembly of linked parts or components at least one of which moves, with the appropriate actuator, control and power circuits, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material." The term machinery also covers an assembly of machines, which are controlled so that they function as an integral whole, such as a production line.
The scope also includes items such as safety components, lifting accessories and chains, ropes and webbing, construction site hoists and devices for the lifting of persons with reduced mobility.
Because all European directives are brought into UK law by the issue of Regulations, if you don't comply you are committing a criminal offence punishable by fines and possibly imprisonment.
So how do you comply? The short answer is:
Demonstrate compliance with the essential health and safety requirements Carry out the appropriate conformity assessment procedure Draw up and issue the Declaration of Conformity or Incorporation. Apply the CE Mark.
It isn't just machines and safety components that are affected. Processes and systems are also involved, and if you are creating a complex assembly, such as a production line, by interlinking a series of existing machines you are in effect creating something new – so the whole assembly must comply with the Directive.
Similarly, altering the function or performance of a machine or complex assembly is also essentially creating a new machine, which must comply.
Also, If you are at the start of a project where the finish date is towards the end of 2009 or the beginning of 2010, you may need to start using the new Directive now, as you will not be able to produce a final declaration under the current Directive after December 29th.
Alterations to the EHSRs are too numerous to detail here, but affect issues such as: ergonomics, operating positions, seating, lighting, manual controls, starting machinery, stability of machinery, protection devices, machinery instructions, plus machinery for foodstuffs and for cosmetic and pharmaceutical products.
There are also key changes to the Declaration of Conformity and the person who is authorised to compile the Technical File must be established in the European Community. Where appropriate there must be a statement confirming declaration of conformity with other applicable directives and there is no longer a separate declaration for safety components.
Control systems, says the Directive, must be designed and constructed in a way that will prevent a hazardous situation arising. Manual controls must be clearly visible and identifiable; the use of pictograms is recommended. And an operator must, from each control position, be able to ensure that no one is in the danger zone – even if that means that the machinery can be controlled only from positions in one or more predetermined zones or locations.
There are many more issues contained within the new Machinery Directive, and it is vital that business organisations move in good time to make sure that they comply.
The new Machinery Directive is a necessary move forward in this day and age, with increasing movement of businesses and their plant within the European community, and with growing importance placed on the health, safety and wellbeing of the people that work with or near the machinery. But it still places a demanding requirement on a vast range of businesses. The decision that needs to be made in every quarter is whether there is sufficient manpower, let alone expertise, in-house to carry out the necessary risk assessments and make changes - or if it's more a question of outsourcing the task. Either way, companies need to make sure that they are completely up to date, properly informed and ultimately compliant.
Paul Laidler is from Laidler Associates which specialises in helping organisations to comply with the directives and obtain CE marking Laidler is exhibiting at Health & Safety '09 Sandown, Stand 10 More articles from Laidler Associates: | 
