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What you must do

If you design or make products, even for use in your own workplace, then they must meet minimum requirements for safety and health when first placed on the market or put into service. The responsibility for ensuring that all equipment for use at work is designed and constructed to be safe rests with the product manufacturer or their authorised representative (also known as the 'responsible person' in the context of machinery). More information can be found on OPSS website. 

These requirements may also need to be met if you:

• import equipment which is not new but 'new to the UK market
• refurbish equipment to such an extent that additional significant risks are created (eg manual machinery provided with new features like computer control)

What you should know

There is a group of product regulations concerning the safety and absence of risks to health, and other issues of public interest protection (eg environmental matters), by design and construction of most new work equipment which apply at the point products are first placed on the market or put into service. These regulations primarily require work equipment to be designed, manufactured and supplied / put in service to such a standard - and with all the parts and information necessary - to enable health and safety in their use. Relevant standards may be used to support this process.

Manufacturers in general have the following responsibilities

• designing and manufacturing products in accordance with the essential health, safety or any other objectives of all product legislation applicable to the product
• by carrying out (or having it carried out) the relevant conformity assessment procedure
• drawing up and keeping the technical documentation, including Declaration of Conformity, and any associated Declarations of Incorporation or Performance
• ensuring that products have appropriate conformity marking and are labelled: including type, batch or serial number or other element allowing its identification, and the name and address of the manufacturer (or where it is not possible for any of these to be indicated on the product in some cases the manufacturer must instead ensure that the information is indicated on its packaging or in a document accompanying the product)
• accompanied by the required documents in English: usually the Instructions and safety information, in a form which is easily understood by the intended end-user, and in many cases the Declaration of Conformity.

Manufacturers must carry out sample testing on products which they have supplied, when this is appropriate in the light of the risks presented by a product to the health and safety of users. If necessary, they must also keep a register of complaints, non-conforming products and product recalls, and keep others in the supply chain informed about such monitoring. Manufacturers must ensure traceability of products by identifying to the authorities any other economic operator to whom he supplied it (for ten years from the supply date).

Where a manufacturer considers, or has reason to believe, that products which that manufacturer has placed on the market are not in conformity, it must immediately take the corrective measures necessary to bring the product into conformity; withdraw the product from the market, or recall the product.

Where the product presents a risk, the manufacturer must immediately inform the relevant market surveillance authorities of the risk, giving details of the respect in which the product is considered not to be in conformity, and any corrective measures taken. Following a request from an enforcing authority, manufacturers must provide the authority with all the information and documentation necessary to demonstrate that the product is in conformity, and cooperate with the relevant authorities to evaluate and eliminate risk posed by a product.

A manufacturer may, by written mandate, appoint a person as their authorised representative to perform specified tasks (within limits) on the manufacturer's behalf. Authorised Representatives must fulfil their obligations on behalf of the manufacturer (but manufacturers remain responsible for the product and the proper performance of any obligations the authorised representative performs on their behalf).

Non-compliant products (eg, where conformity assessment is incomplete, or without: appropriate conformity marking, labelling, complete technical files, instructions or where all required safety measures have not been taken) cannot be placed on the market or put into service. However, in certain restricted circumstances they may be shown/demonstrated at trade fairs and exhibitions. In these cases you must:

• take adequate measures to ensure the safety of people at the event, and
• display a notice with the product stating that the product does not comply with the relevant regulations, and that it will not be made available until it does comply with those requirements.

What you should know and do?

Most product supply legislation (eg Regulation 3(2)(b) of the Supply of Machinery (Safety) Regulations 2008) permits in restricted circumstances the exhibiting of non-compliant products. This is provided adequate measures have been taken to ensure that it does not harm any person at the event including those demonstrating the product. Also required is a suitable notice displayed with the product saying that the product will be brought into compliance prior to any supply. The notice must comply with the requirements of the relevant UK regulations.

Machinery which is not being operated will not usually present many hazards at exhibitions, although suitable safety measures should still be taken (eg to ensure stability, prevent falls from any access, contact with sharp edges, etc). Where the product is being demonstrated the requirements of PUWER, LOLER and other use legislation (eg Electricity at Work Regulations, COSHH, etc) must be met, for example: by guarding dangerous parts, checking any lifting equipment is safely installed, making safe and secure electrical connections, preventing harm from hazardous fumes, etc.

The necessary measures for safety and health during trade fairs, exhibitions and demonstrations should be determined by undertaking a suitable and sufficient risk assessment. This must take into account the exhibition / demonstration environment, including any health and safety rules which the host organisation may impose, and the people (including in some cases children) that will be present, who may be unfamiliar with the hazards presented by the equipment on display.

What you must do

Anyone who installs or erects equipment as part of a work activity must do so properly, following the manufacturer's instructions, so that nothing about the way it has been done makes it unsafe or gives rise to a health risk. You have this responsibility when installing or erecting equipment for use at work (eg installing machinery in an office or factory), and also when providing a service to non-employed persons as part of a work activity (eg installing a powered gate on domestic premises).

In some cases, installers may have additional responsibilities when they effectively become the manufacturer of a new product. For example, if you install a power mechanism on an existing manually-operated gate, you - as installer - will now also effectively be the manufacturer of a 'new' machine and so have to meet all of the manufacturer's obligations under supply law.

If, when following the manufacturer's instructions for installing or erecting equipment, you consider that the product will be unsafe when finally brought into use, you should report your concerns to both the manufacturer and the new user. If necessary, do so in writing so they are fully aware of the health and/or safety issues. In some cases you may be obliged not to connect (or to disconnect) the equipment so that users are not placed at risk (eg installers of gas appliances). You can also report your concerns about design and construction defects to the relevant market surveillance authority as they may have statutory powers to take action over the matter. In all cases you should leave any equipment you have been working on in a safe condition.

What you should know

All employers and the relevant self-employed are obliged to conduct their work in such a way, as far as reasonably practicable, that does not expose other people - whether other workers or members of the public - to risks to their health or safety (see section 3 of the Health and Safety at Work etc Act 1974). This obligation is further defined, under section 6(3) of the Act, to include any work erecting or installing work equipment. If you are self-employed and your work poses no risk to the health and safety of others, then health and safety law may not apply to you. HSE has guidance to help you understand if the law applies

Whether installers also become in effect manufacturers - and so dutyholders, for example under the Supply of Machinery (Safety) Regulations 2008 when installing powering equipment to existing manual gates - will depend on the circumstances of each individual contract. Normally the person putting a new product into service takes on the duty for compliance, including undertaking conformity assessment to meet the essential requirements, appropriate conformity marking and labelling. However, this may be dictated by who exercises primary control for the installation activity. The responsibilities of sub-contractors working under the direct control of others may be limited to their own actions, with conformity assessment and marking/labelling being the responsibility of the main contractor.

What you must do

Employers must ensure that all work equipment they provide conforms with the essential requirements of the product supply law relating to its design and construction, and that it is maintained to this standard. Therefore, reasonable checks for safety and health should be made when selecting and acquiring new work equipment, including checks for obvious danger (such as missing or damaged guards), appropriate conformity marking and labelling, and that the instructions and Declaration of Conformity (or Declaration of Incorporation) are in English.

What you should know

Although the primary responsibility for the safe design and construction of new products rests with the manufacturer or their authorised representative (also known as the responsible person), equipment users should check when purchasing new work equipment to ensure it is safe and presents no risk to health when introduced to the workplace. This requirement is set out in regulation 10 of the Provision and Use of Work Equipment Regulations 1998 (PUWER).

Appropriate conformity marking and labelling is only part of the overall process but, if correctly applied, is a sign that a new product is safe and compliant. Purchasers should also receive appropriate documentation with the product, including user instructions and a Declaration of Conformity (unless it is partly completed machinery , in which case you should receive a Declaration of Incorporation Definition and assembly instructions for its incorporation). This information should be in English for the UK.

By checking the product's compliance with the relevant product law at the point of purchase – looking for a Declaration of Conformity and making simple safety checks before bringing it into use - purchasers can save much time and trouble, should the product later cause harm or be otherwise found unsafe.

If you find newly purchased work equipment is not safe because of the way it has been designed, constructed, supplied or installed, you should stop using it until this has been remedied. You should first make contact with the manufacturer and / or supplier (or installer if relating to the installation) to resolve the issue. Where the product is defective due to its design, construction or manner of supply, you can report this to the relevant market surveillance authority. They can investigate and may also have the statutory powers to take formal action to deal with any serious risk presented by the product.

What you must do

All suppliers must supply safe work equipment, whether this is new, second-hand or hired out. They should make reasonable checks that the products they supply are safe, including - as is required in most cases - making sure the product is labelled with appropriate conformity marking and supplied with a Declaration of Conformity (and/or Performance or Incorporation in some cases), and relevant information, including the instructions for use.

All economic operators, that is manufacturers, importers or distributors, have specific responsibilities as laid down by the product law applicable to the particular product which must be fulfilled before they can place or make available new products on the market. The importer responsibilities can also apply to users who directly import new equipment for use in their own workplace.

If you are concerned about the safety of a new product because of its design or construction, or if it is not complete, you should firstly contact the manufacturer to remedy the matter and consider making the product unavailable until this is remedied. Where there is a significant risk to safety or health, you should (where possible) contact anyone previously supplied to make them aware of your concerns. In these cases you should also contact the relevant market surveillance authority, providing full details.

What you should know

New work equipment, and second-hand equipment not previously used in the UK, is subject to UK law concerning requirements for safety and health by design and construction. Most new equipment must be supplied with appropriate conformity marking,  user instructions in English, accompanied by a unique certificate known as a Declaration of Conformity and correctly labelled. New partly completed machinery must not be accompanied by a Declaration of Conformity: instead it must be supplied with comprehensive assembly instructions and a Declaration of Incorporation.

Work equipment which is not new, but has previously been used in the UK or EEA, is subject to section 6 of the Health and Safety at Work etc Act 1974 (HSW Act) in that - so far as reasonably practicable - it must be safe and pose no risk to health when being used, set, cleaned or maintained as intended. Instructions for safe use must also be provided, together with any subsequent revisions of that information necessary for continuing safety.

Importers generally have the following obligations

Not to place a product on the market unless it is in conformity and has the correct conformity markings:

• by checking that the manufacturer has applied the correct conformity assessment procedure;
• that each product bears appropriate marking and labelling, including both the name and address of the manufacturer and importer on the products (or the packaging or accompanying documentation if that is not possible);
• is accompanied by the required documents (Instructions and safety information in English).

Importers must keep a copy of the Declaration of Conformity, ensuring it is prepared in, or translated into, English, and make it and the technical documentation available for at least 10 years when it is requested by the authorities. Importers must store the product under conditions which do not jeopardise its conformity, and where appropriate (eg where concerns are raised about safety) carry out sample testing and product monitoring.

Where an Importer considers, or has reason to believe, that the product which that importer has placed on the market is not in conformity, it must immediately take the corrective measures necessary to bring the product into conformity, withdraw the equipment from the market, and/or recall the equipment. Where the product presents a risk, the importer must immediately inform the relevant market surveillance authorities of the risk, giving details of the respect in which the product is considered not to be in conformity, and any corrective measures taken.

Following a request from an enforcing authority, importers must provide the authority with all the information and documentation necessary to demonstrate that the product is in conformity, and cooperate with the relevant authorities to evaluate and eliminate risk posed by the product.

Importers must also ensure traceability of products throughout the distribution chain, in particular by identifying to the authorities any other economic operator who supplied the product and to whom it was supplied (for ten years from the supply date).

Distributors generally have the following responsibilities

In making products available on the market to act with due care including:.

• before making each product available on the market verify the product bears appropriate marking and labelled from both the manufacturer and importer,
• is accompanied by the required documents (Instructions and safety information in English), and
• store the products under conditions which do not jeopardise conformity.

Where a distributor considers or has reason to believe that a product is not in conformity with the essential objectives applicable to the product by any relevant product legislation, the distributor must immediately take the corrective measures necessary to bring the product into conformity, withdraw the product from the market, and / or recall the product. Where a product presents a risk, the distributor must inform the manufacturer or the importer of the risk. It must also inform the market surveillance authority of the risk presented by the product, giving details in what way product is considered not to be in conformity, and any corrective measures taken.

Following a request from an enforcing authority distributors must provide the authority with all the information and documentation necessary to demonstrate that the product is in conformity, and cooperate with the relevant authorities to evaluate and eliminate risk posed by the product.

Distributors must also ensure traceability of products throughout the distribution chain, in particular by identifying to the authorities any other economic operator who supplied the product and to whom it was supplied (for ten years from the supply date).

Where distributors re-brand products applying their own name, or modify a product made by another in a way not foreseen by the manufacturer, before making it available they must take on and fulfil  all of the manufacturer's obligations of the relevant product law.

Hiring out equipment

Those hiring out equipment have ongoing duties for the health and safety of the products they hire out in the course of their business, whether they are used at work or not. These include maintaining the equipment, providing information on how to use it and, in some cases (eg electrical or lifting equipment, pressure plant and safety harnesses), ensuring the product is thoroughly examined for safety before it is made available for use.

People hiring out or supplying equipment as part of a work activity, such as plant hire companies and landlords of premises with fixed equipment, also have continuing responsibilities for the safety of those using that equipment, under section 6 of the HSW Act and other health and safety law. These responsibilities include the maintenance of all work equipment, the inspection of equipment which may be subject to deterioration, and the statutory examination of certain equipment (eg of domestic gas appliances, lifting equipment, and pressure plant).

In all cases where it becomes known that something about a product poses a serious risk to health or safety, all suppliers of work equipment should take the necessary steps to ensure, so far as reasonably practicable, that those people previously supplied are informed (see section 6(1)d of the HSW Act). This will enable existing users of the product to take action and prevent further harm resulting.

What you must do

You must select and install equipment properly, use it carefully and make sure it is maintained to protect the health and safety of yourself, employees and others who may be affected by the way you use it. Sensible risk assessment is the key, following manufacturer's recommendations for use and maintenance, and ensuring employees are trained and competent. This includes taking reasonable steps to ensure new work equipment complies with the relevant legal requirements for safe design and construction. You must not use, or permit the use of, unsafe work equipment.

What you should know

Nearly all equipment used at work is subject to the Provision and Use of Work Equipment Regulations 1998 (PUWER guidance), which place duties on employers, the relevant self-employed and those who control work equipment. If you are self-employed and your work poses no risk to the health and safety of others, then health and safety law may not apply to you. HSE has guidance to help you understand if the law applies. Work equipment may also be subject to more specific legislation, for example:

• the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
• the Electricity at Work Regulations 1989
• the Personal Protective Equipment at Work Regulations 1992

In addition to the general requirements applicable to most work equipment, PUWER covers in particular:

• the risks from riding on and controlling mobile work equipment
• operator visibility
• protection from falling objects and from rolling over
• restraint systems (seat belts, etc)
• inspection/thorough examination of power presses

PUWER is supported by four Approved Codes of Practice; a general one on the Regulations, two on specific types of machinery (woodworking and power presses) and one on rider operated lift trucks (Rider-operated lift trucks: Operator training and safe use. Approved Code of Practice and guidance L117. The ACOPs give practical guidance and set out the minimum standards for compliance. LOLER is supported by its own ACOP.

If you find new work equipment is not safe because of the way it has been designed, constructed, supplied or installed then you should stop using it until this has been remedied. You should first make contact with the manufacturer and supplier (or installer, if relating to the installation) to get the issue resolved. Where the product is defective due to its design or construction, you can report this to the relevant market surveillance authority. They may have the statutory powers necessary to take formal action and resolve the matter.