UK law on the design and supply of products

Contents

• Section 6 of the Health and Safety at Work etc Act 1974 (HSW Act)
• Supply of Machinery (Safety) Regulations
• Electrical Equipment Safety Regulations
• Lifts Regulations
• Pressure Equipment Regulations and Simple Pressure Vessels (Safety) Regulations
• Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations
• Gas Appliances (Supply) and Enforcement Regulations
• Cableway Installations Supply and Enforcement Regulations
• The Explosives Regulations 2014 (Amendment) Regulations 2016
• Pyrotechnic Articles (Safety) Regulations
• Personal Protective Equipment (Supply) and Enforcement Regulations
• Electromagnetic Compatibility Regulations
• Construction Products Regulations
• Medical Devices Regulations
• Noise Emission in the Environment by Equipment for use Outdoors Regulations
• Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations
• Radio Equipment Regulations
• General Product Safety Regulations
• Toys (Safety) Regulations
• Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment Regulations
• Ecodesign for Energy-Related Products Regulations

Most new products come within the scope of one or more of these product regulations. However, some work equipment that is not powered or used to lift - such as hand tools, racking and ladders - does not come within the scope of these regulations. Instead these products must meet section 6 of the Health and Safety at Work etc Act 1974.

Section 6 of the Health and Safety at Work etc Act 1974 (HSW Act)

Section 6 of the HSW Act applies to articles and substances for use at work where other more specific product safety law does not apply. In particular, section 6 applies to:

• intermediate suppliers of machinery for use at work
• the second-hand supply of products for use at work, including those first placed on the market before relevant product safety regulations came into effect (unless so substantially refurbished/modified machinery as to be considered 'new' under any of the applicable product safety regulations)
• the hiring out of equipment for use at work
• fairground equipment

Section 6(1) of the HSW Act places a general health and safety obligation on anyone in the supply chain, so far as reasonably practicable, for when articles for use at work are being used, set, cleaned or maintained. This obligation includes providing information and instructions on safe use, including any subsequent revisions to that information, and testing or examination necessary to ensure compliance. Enforcement of section 6 of the HSW Act is undertaken by HSE.

Supply of Machinery (Safety) Regulations

Most new machinery is covered by the Supply of Machinery (Safety) Regulations 2008 (and the Supply of Machinery (Safety) (Amendment) Regulations 2011 which added environmental aspects, but only for machinery applying pesticides). Their scope extends to other non-machinery products as defined including: safety components, interchangeable equipment, lifting accessories, chains, rope and webbing, removable transmission devices and partly completed machinery, but excludes such items as domestic electrical machines, many road going vehicles (but not machinery mounted on them), and fairground equipment. Other products that fall within the definition of machinery but are not covered by these regulations are toys and medical devices where more specific legislation applies (see below).

These regulations require that all machinery and other products in scope:

• are designed and constructed to be safe, meeting all of the relevant essential health and safety requirements (EHSRs) listed in the regulations
• have a technical file compiled, and made available to the authorities when required, showing how the EHSRs are met
• have appropriate conformity marking
• Are supplied with comprehensive instructions in English (or assembly instructions in the case of partly completed machinery)
• are accompanied by a Declaration of Conformity (or, in the case of partly completed machinery, a Declaration of Incorporation)

before they are placed on the market for the first time (or where not placed on the market, before being put into service for the first time). Subsequent use and maintenance is covered by PUWER (overview).

These regulations apply to Responsible Persons (as defined), particularly manufacturers or their authorised representatives, and others such as:

• importers of non-compliant equipment
• distributors who market products under their own name
• those who substantially modify existing machinery, or machinery and other products in scope before they are put into service
• those who design and construct machinery for their own use

The regulations apply to manufacturers and authorised representatives. Others in the supply chain are covered by section 6 of the HSW Act (local link).

Some products which are in scope of the Supply of Machinery (Safety) Regulations may also be covered by other product legislation in addition, including:

• electrically powered/controlled machinery, where the Electromagnetic Compatibility Regulations (EMC) also apply
• machinery incorporating radio equipment, where the Radio Equipment Regulations also apply
• machinery incorporating pressure vessels, where the Pressure Equipment and/or Simple Pressure Vessels Regulations may also apply
• construction products subject to the Construction Products Regulations which are machinery for incorporation in a permanent manner in construction works (buildings), such as powered gates, doors, windows, shutters and blinds, ventilation and air conditioning systems
• non-road mobile machinery with combustion engines, where emissions are covered by the Non-road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations
• the Noise Emission in the Environment by Equipment for use Outdoors Regulations

Both HSE and local trading standards enforce the provisions of the Supply of Machinery (Safety) Regulations, depending on the field of use of the equipment (HSE leads where the product is for use at work).

Electrical Equipment (Safety) Regulations

The Electrical Equipment (Safety) Regulations 2016 (as amended) replaced the previous Electrical Equipment (Safety) Regulations 1994 on low-voltage equipment (most electrical equipment operating between 50-1000 volts alternating current and 75-1500 volts direct current).

Machinery, with a few exceptions (household appliances for domestic use, some office equipment, electric motors and switchgear), which are subject to the Supply of Machinery (Safety) Regulations (as amended) are excluded from these electrical regulations, although the essential requirements and standards made to support these regulations can apply to electrically powered machinery by virtue of EHSR 1.5.1 of the Supply of Machinery (Safety) Regulations.

The Electrical Equipment (Safety) Regulations are supported by many standards and require that electrical equipment be appropriately marked and labelled, constructed to good engineering practice, and safe. These Regulations apply to manufacturers or their authorised representatives, importers and distributors all of whom now have a number of detailed and significant obligations to meet.

Both HSE and local trading standards enforce the provisions of these regulations, depending on the field of use of the equipment (HSE leads where the equipment is for use at work).

Lifts Regulations

The Lifts Regulations 2016 (as amended) replaced the previous Lifts Regulations 1997. HSE enforces the provisions of these regulations. Certain types of lift are excluded because they are subject to the Supply of Machinery (Safety) Regulations 2008. These exclusions include:

• construction hoists
• those travelling at an angle of less than 15" to the horizontal
• those which operate very slowly (less than 0.15 metres per second)
• those used for access to work stations on machinery

Lifts placed on the market or brought into use must be safe (meeting essential health and safety requirements), appropriately marked and labelled and certified by a Declaration of Conformity. Information about the lift, its safe installation, use and maintenance, and other test documentation, must be provided both by and to those installing the lift.

Pressure Equipment Regulations and Simple Pressure Vessels (Safety) Regulations

The Pressure Equipment (Safety) Regulations 2016 and The Simple Pressure Vessels (Safety) Regulations 2016 replace the previous Pressure Equipment Regulations 1999 and Simple Pressure Vessels (Safety) Regulations 1991 (as amended in 1994). These regulations provide for the safety, by design and construction, of most pressure equipment and assemblies at a pressure of more than 0.5 bar. HSE enforces the provisions of these regulations for equipment for use at work.

Duties for safety are placed on the manufacturer or their authorised representative, importers and distributors. Machinery may include pressure systems which come within scope of these regulations. In such cases, the requirements of these regulations apply to the pressure parts of the machine, alongside those requirements under the Supply of Machinery (Safety) Regulations for the machine.

Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 replaced the previous Regulations 1996, as amended in 2001 and 2005, and are usually known as ATEX, for equipment and protective systems intended for use in explosive atmospheres. Safety, controlling and regulating devices intended for use outside potentially explosive atmospheres - but still contributing to the safe functioning of equipment / protective systems against explosion - also come within scope of the regulations. In addition to marking and labelling in common with other product legislation. ATEX equipment must normally bear the specific explosion protection mark - Fig 1. HSE enforces the provisions of these regulations.

Fig 1.

Manufacturers or their authorised representative, importers and distributors must meet the requirements for safety. ATEX components (for example a rotary valve) may be incorporated within other products (for example dust extraction machinery). In such cases, the machine may be supplied with an additional Declaration of Conformity, relating specifically to the ATEX component.

Gas Appliances Regulations

The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 and Regulation 2016/426 concern appliances burning gaseous fuels, excluding industrial appliances where section 6 of the Health and safety at Work etc Act 1974 applies.

Local trading standards services enforce the provisions of these regulations if the gas appliance is designed for domestic use, otherwise HSE is the enforcing authority. The regulations apply to gas appliances and fittings which must undergo type examination by an approved third party before they can be appropriately marked and supplied.

Cableway Installations Regulations

The Cableway Installations Regulations 2018 concern cableways designed to carry people, and their subsystems or safety components. However, they do not cover cableway installations used:

• in mining for industrial purposes
• wholly or mainly for agriculture
• in fairgrounds and amusement parks, where designed for leisure purposes and not as a means of transportation

Some other similar equipment is also excluded, such as:

• cable ferries
• rack railways
• tramways

HSE enforces the provisions of these regulations. Prior authorisation from the Secretary of State for Transport for a new or modified cableway is required, and 'stage 2' authorisation is required before the cableway can be put into service.

The Explosives Regulations 2014 (Amendment) Regulations 2016

The Explosives Regulations 2014 (Amendment) Regulations 2016 (where amended) are concerned with safety requirements for explosives, and the security controls on their transfer. These regulations are enforced by HSE.

The following are generally excluded from the regulations:

• ammunition
• explosives intended for military or police use
• pyrotechnic articles (including fireworks)

They replace the earlier Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.

Pyrotechnic Articles (Safety) Regulations 2015

The Pyrotechnic Articles (Safety) Regulations 2015 concern the placing on the market of pyrotechnic articles and include:

• fireworks
• theatrical pyrotechnics
• other pyrotechnic articles, including car air-bag detonators, shroud cutters and a wide variety of specialist articles

The regulations do not apply to:

• pyrotechnic articles intended for military or civil authority use
• explosives or marine equipment (which are covered by other legislation).

The Department for Business, Energy and Industrial Strategy (BEIS) has the policy lead for these regulations and trading standards services have the enforcement role.

Personal Protective Equipment Regulations

The Personal Protective Equipment (Enforcement) Regulations 2018 and Regulation 2016/425 regulate the basic safety requirements of most personal protective equipment whether for use at work or elsewhere. Enforcement of these new PPE supply regulations is now split between HSE and trading standards services. HSE leads for PPE intended for use at work in scope of the new regulations and placed on the market under the new regulations.