Equipment and machinery frequently asked questions (FAQs)

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 relevant self-employed and by people who have control over 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. There are also other more detailed requirements in PUWER, for example selecting equipment which meets product supply law and the guarding of dangerous parts. There are particular provisions in PUWER relating to mobile work equipment, woodworking machinery and power presses.

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.

Training must be sufficient to ensure that all people know how to competently use any equipment they use at work, without unnecessary risks to the health and safety of themselves or others. Training therefore depends on the task, and to what extent an employee already has relevant knowledge and experience. Individual training needs are likely to be greatest when a person is first recruited, although further training may also be required in any of the following examples:

• if the work task and its associated risks change
• if new technology or equipment is introduced
• if the system of work changes

In many industrial sectors, there are well-recognised standards for training, whether delivered in-house or by external providers. These are often accompanied by some form of competence assessment to help ensure minimum standards of attainment. However, for many simple tasks, on-the-job training, which is locally assessed and backed up with simple records, will suffice. There will also be a need for refresher training to ensure that skills don't decline. Again, the nature and frequency of refresher training should be sufficient to ensure ongoing health and safety, so far as reasonably practicable.

Yes. You need to be appropriately trained to prepare and check work equipment, but this doesn't always mean formal, certificated training. Often the work to prepare or check equipment prior to use can be carried out following manufacturer's instructions using basic skills and common sense. However, for certain types of equipment, there are well-recognised industry schemes that cover, for example, the mounting of abrasive wheels. There are also certain equipment-specific legal requirements (for example, the training of setters and people undertaking daily inspections on power presses, see: Safe use of power presses ACOP and Guidance).

Maintenance work should only be undertaken by those who are competent to do so, who have the necessary knowledge and experience to:

• know what to look at
• know what to look for
• know what to do, and
• be aware of, and able to avoid, unnecessary risks to themselves and others

In some cases, workers undertaking maintenance on certain types of equipment should have specific training which is relevant to that work (eg where they may encounter asbestos).

There is no requirement to keep a maintenance log. However, it is recommended that employers keep records of maintenance for high-risk equipment. The law requires that, where a maintenance log exists, it should be kept up to date.

As an employer, you are legally required to provide safe equipment for use in connection with your work. Where the safe of equipment depends on the installation conditions or is exposed to conditions causing deterioration liable to result in dangerous situations, you must inspect your equipment to identify whether it can be operated, adjusted and maintained safely. Doing this on a regular basis can help you detect any deterioration and take action before it results in any health and safety risk.

In a few cases - such as power presses working on cold metal (referred to in regulation 33 of PUWER) - the law requires inspection of certain aspects at prescribed intervals. Further guidance is available in: Safe use of power presses ACOP and Guidance.

Inspection frequencies depend on the type of work equipment, its use and the conditions to which it is exposed. This should be determined through:

• risk assessment, taking full account of any manufacturer's recommendations
• the advice of others, such as trade associations and consultants
• other sources, such as published advice on health and safety

Different types of inspection include:

• quick checks before use (eg the condition of electric cables on hand-held power tools, functional testing of brakes)
• weekly checks (eg tyre pressures, presence of guarding, function of safety devices)
• more extensive examinations, undertaken every few months or longer (eg the general condition of a ladder, close examination of a safety harness, portable appliance testing).

You should do what is necessary to ensure a reasonable level of safety with any item of work equipment.

Inspection procedures will differ, depending upon the equipment and the consequences of its failure. Inspections therefore need to be determined through risk assessment, which should take full account of any manufacturer's recommendations, the advice of others (such as trade associations and consultants) and other sources of information, such as published advice on health and safety. Inspection should be undertaken for the purpose of revealing any problems which will give rise to significant risk of injury. It is important that inspections concentrate on the safety-critical features, checking for general signs of damage and deterioration which could lead to significant personal injury.

The law requires that access to dangerous parts should be prevented, or the movement of dangerous parts stopped before a person enters the danger zone.

New machinery must be designed and constructed in such a way as to prevent risks of contact which could lead to accidents. Machinery must, where risks persist, be fitted with guards or protective devices. However, these objectives can't always be completely met (eg part of the blade of a fully guarded circular saw necessarily remains accessible).

Both PUWER overview and the Supply of Machinery (Safety) Regulations set out a common hierarchy of protective measures that should be met to state-of-the-art protective standards for particular products. Lesser protective measures are only permitted by the Regulations where risk cannot be either averted by design or controlled by permanent physical features (such as effective guarding). Lesser protective measures include:

• adjustable guards, jigs and push sticks
• safe systems of work
• warnings of residual risk

There are many current standards outlining acceptable levels of safety for new machinery.. For pre 1995 machinery, the relevant standard was BS 5304'Code of practice for the safety of machinery', the text of which remains available from the British Standards Institution as a Published Document (PD 5304).

In some restricted circumstances, a safe system of work may be an acceptable alternative to guarding, but only following an adequate risk assessment which fully justifies why the normal safeguards cannot be used - and after all alternative measures have been put in place to ensure safety. This should be authorised by the person in overall control of the work. Additional training, higher levels of supervision and other protective measures will almost certainly be required and need to be documented. Adopting safe systems of work cannot simply be used as an excuse for not using the safeguards provided by the manufacturer.

This depends on various factors, including the nature of the medication and the task to be performed. The residual level of risk from operating some very well guarded machines may be so low that there is minimal risk of injury to the operator or others. However, in other cases - particularly with the use of lifting and mobile work equipment - a more cautious approach needs to be taken.

Advice should be sought from a medically qualified person (normally the person's own GP), particularly if the medication:

• gives warnings about the operation of machinery, or
• has significant side effects, which may affect alertness, concentration or response to danger

Where the safe use of work equipment depends on it not being overloaded, markings or other indications of a safe working load (SWL) will be required (for example, storage racking, some containers used to hold goods or vehicles intended for carrying materials). SWL marking is mandatory for lifting equipment and accessories subject to the provisions of LOLER.

Many powered gates (and doors) are not 'work equipment' as defined by PUWER, but if present in a workplace, which can include car parks, will be subject to very similar safety and maintenance requirements (as required by Regulations 5 and 18 of the Workplace (Health, Safety and Welfare) Regulations 1992. There will also be responsibilities for safety under Section 3 of the Health and Safety at Work etc Act 1974 towards non-employed persons (which may include the public). These may also apply in non-work places where powered gates are under the responsibility of a managing agent or landlord.

The manufacture, supply and, in many cases installation, of powered gates and doors will be subject to the CE marking and safety requirements of the Supply of Machinery (Safety) Regulations 2008. Further information on powered gates overview.

Those hiring out equipment for use at work are considered as suppliers under section 6 of the Health and Safety at Work Act and so have broad responsibilities for the safety of the products they hire out. This includes (so far as reasonably practicable) pre-hire testing and inspection to ensure continued safety, and the provision of information.

Although they need to look for obvious safety defects (in terms of the initial safety of new work equipment), those hiring out equipment do not have to go into the detailed design of that equipment or enhance its safety beyond the requirements of the relevant product supply legislation - provided the product has appropriate conformity marking is labelled, accompanied by user instructions and, where relevant, a Declaration of Conformity.

Those hiring out work equipment also have responsibilities under PUWER overview (and if lifting equipment LOLER), in so far as they exercise control over that equipment (for example, ensuring the thorough examination of lifting equipment and other routine inspections have taken place at the required intervals). It may be appropriate for the user to organise the periodic thorough examinations (which should be by written agreement, particularly for long-term hire). However, unless part of the hire agreement, those hiring out work equipment can't normally be responsible for the day-to-day and other pre-use safety checks which should be undertaken by the user.

If you are just installing complete equipment supplied by a manufacturer, you should ensure it is installed correctly by following the manufacturer's installation instructions and specifications. In such cases, the equipment should be supplied with appropriate marking, and in most cases, with a Declaration of Conformity in the name of the manufacturer (or their authorised representative). You should ensure that any damaged or misplaced safety components are replaced (by the equipment manufacturer), and that the equipment is complete and in safe working order. If the item is lifting equipment, it may need to have a LOLER-specific thorough examination prior to first use, to confirm its safe installation. There are also specific requirements relating to the safe installation of gas appliances.

Where you build up the equipment from parts supplied by a number of manufacturers or make some of the components yourself, you will be classed as the manufacturer of the final product. For example, if you motorise existing manually operated gates, they become a new machine for which you are responsible. You will then need to follow the conformity assessment requirements of the Supply of Machinery (Safety) Regulations 2008, including:

• ensuring the equipment (eg motorised gates) is safe for all foreseeable use and misuse by any person who may come into contact with it
• compiling and keeping a technical file of your design
• providing instructions to the user on the operation and maintenance (particularly of the safety features)
• issuing a Declaration of Conformity in your name
• applying the affixing the appropriate conformity marking and labelling to the completed product

LOLER (the Lifting Operations and Lifting Equipment Regulations) apply to any lifting equipment used at work - including employees' own lifting equipment - for lifting or lowering loads, including attachments used for anchoring, fixing or supporting it. However, the Regulations do not extend to fixed anchor points that form part of a building or structure.

LOLER covers a wide range of equipment, including:

• cranes
• fork-lift trucks
• lifts
• hoists
• mobile elevating work platforms
• vehicle inspection platform hoists

The Regulations also include lifting accessories, such as chains, slings, eyebolts etc. LOLER does not apply to escalators, which are covered by the Workplace (Health, Safety and Welfare) Regulations.

LOLER applies to work equipment used for lifting operations (ie 'operations concerned with the lifting or lowering of a load'). The Regulations also apply to the safe installation, marking and thorough examination / inspection of lifting equipment. These requirements must be met by employers, the relevant self-employed and by people who have control over 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. The recording of examinations and inspections is also required by LOLER, and those conducting them have duties under the Regulations for reporting serious defects - both to the user and to the relevant enforcing authority.

Lifting equipment is any work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it. It includes any lifting accessories that attach the load to the equipment in addition to the equipment which carries out the actual lifting function. A ‘load’ includes ‘a person’ as well as the usual material, animals or combination of these that are lifted by the lifting equipment.

Usually no. Where this equipment is used for carrying material loads and are not permanently attached to the lifting machinery it would normally be considered to be part of the load and a 'Thorough Examination' is not required. The equipment should be maintained and inspected to make sure it can be used safely including when it is being lifted.

A lifting accessory is any equipment used to attach a load to the lifting equipment, which is not a permanent part of the load (eg hooks, ropes, chains, shackles and eyebolts) or lifting equipment.

Regulation 8 of LOLER requires employers to ensure that every lifting operation is:

• properly planned by a competent person
• appropriately supervised
• carried out in a safe manner

The term 'appointed person' is often used to describe the person fulfilling the role of the competent person, who should have adequate practical and theoretical knowledge and expertise in planning the lifting operations being undertaken.

When any fork lift is used to lift or lower loads, employers and others who may be in control of the lifting operation must ensure that it is planned, supervised and carried out in a safe manner. This doesn't mean a formal plan has to be prepared for every individual lifting operation but, where there is a significant change from standard practice, additional effort may be required to ensure lifting is carried out safely.

LOLER requires that the lifting chains, forks, hoist mechanism (ie mast and cylinders) and fork attachments are subject to a thorough examination , either at 12-month intervals or as specified in the written scheme of examination. In addition, as required by PUWER, lift trucks should be maintained at all times for safety, with other parts (eg brakes and lights) being inspected at regular intervals, including essential daily pre-use checks.

You can do this as long as:

• lifting is permitted by the original manufacturer
• the machine has dedicated lifting points (with safe working load markings)
• it is used in accordance with the manufacturer's instructions
• has been subject to a thorough examination

Where the lifting capacity of the machine exceeds one tonne, it should be equipped with a rated capacity indicator and boom check valves.

A non-integrated platform or man-basket must only be used in exceptional circumstances (eg emergencies), and only in accordance with the guidance in: Working platforms (non-integrated) on fork-lift trucks.

Sometimes yes. LOLER applies in respect of the health and safety of land-based workers (and others, eg the public, who may be affected by any lifting activity). It applies to the ship's crew only when they are working in a way which causes a risk to others. A memorandum of understanding (MOU) has been established between the Authorities to ensure enforcement is coordinated. The MOU summarises the application of LOLER to situations which commonly arise involving ship's lifting equipment. HSE has worked extensively with the Ports Industry and has jointly produced guidance which includes reference to lifting.

Sometimes yes. LOLER applies in respect of the health and safety of land-based workers (and others, eg the public, who may be affected by any lifting activity). It applies to the ship's crew only when they are working in a way which causes a risk to others. A memorandum of understanding (MOU) has been established between the Authorities to ensure enforcement is coordinated. The MOU summarises the application of LOLER to situations which commonly arise involving ship's lifting equipment. HSE has worked extensively with the Ports Industry and has jointly produced guidance which includes reference to lifting.

This is a complete and thorough check of the equipment and safety-critical parts, carried out at specified intervals by a competent person and concluded with a written report. The report must include the date of the thorough examination and the date the next one is due. It should also specify any defects that are / are about to become a danger to people. Where serious defects are identified, the competent person carrying out the examination must report this verbally to the dutyholder and then provide this information in a written report. A copy of the report must also be sent to the relevant enforcing authority.

Yes. Devices fitted to machines, such as cranes, which cut-out hoisting, derricking or trolleying motions, eg when the SWL is exceeded, should be regarded as part of the lifting equipment and be included in the thorough examination. This applies also to any radius/load indicator fitted to lifting equipment.

Although a person using hired lifting equipment, eg a crane, always has a duty to comply with the requirements for thorough examination, it is usually the case that such examinations are, in fact, carried out by, or on behalf of, the plant hire firm. The responsibility in law, however, rests upon the user and they should, therefore, always satisfy themselves at the outset that there is a current report of thorough examination.

Thorough examination of lifting equipment must take place every 12 months - or every 6 months if the equipment is used to lift people. Any accessories used in lifting should also be inspected every 6 months. These are the minimum requirements, where there is no formal 'examination scheme' drawn up by a competent person.

The competent person may impose a more rigorous examination scheme, for example when the lifting equipment:

• is used in extremes of temperature (eg in a foundry or a freezer)
• is used in a potentially corrosive environment (eg seafront)
• is subjected to particularly heavy use
• could lead to potentially catastrophic consequences if it failed (eg resulting in multiple deaths or the release of dangerous material)

In some cases, the period between thorough examinations may be extended under an 'examination scheme', where either deterioration will be very slow (eg when lifting equipment is only very occasionally used and stored in dry, non-corrosive environments); or when it is one of a very large number of identical items - where a sampling and inspection scheme may be more appropriate.

In addition to these scheduled examinations, equipment will require a thorough examination following:

• any accident or dangerous occurrence
• any significant change in conditions of use
• the replacement of any parts that are subject to thorough examination
• any long periods of inaction

Yes. Thorough examination of lifting equipment must be carried out in all cases, taking place every 12 months; or every 6 months when used to lift people, or for any lifting accessory. The examination intervals may differ, where there is a written scheme drawn up by a competent person, which may specify other intervals that may be shorter or exceptionally longer.

If your service included the fitting of any new parts covered by LOLER then a thorough examination must also be carried out before use. Thorough examination may also be required following any:

• accident or dangerous occurrence
• significant change in conditions of use
• long periods of inaction

Yes. But the competent person undertaking the thorough examination should not be the same person who services / maintains the equipment, as they would be responsible for assessing their own work. A competent person should be sufficiently independent and impartial in order to make objective decisions. Although a competent person that undertakes thorough examinations is usually employed by a different company, they may be employed by the equipment user, provided they have sufficient independence to act impartially.

The term 'thorough examination' is used by a number of regulations concerned with equipment used at work, including:

• lifting equipment (regulation 9 of LOLER)
• power presses (regulation 32 of PUWER)
• engineering controls, provided to prevent or control exposure to hazardous substances (regulation 9 of COSHH)
• pressure systems

In all cases, the purpose of the examination is to verify that the equipment remains safe for continued use. However, it is not a substitute for servicing etc, which must still be undertaken to ensure that 'work equipment is maintained in an efficient state, in efficient working order and in good repair' (PUWER regulation 5).

LOLER regulation 9(3) requires that all lifts used at work are thoroughly examined by a competent person at least every 6 months if used to carry people, and at 12-monthly intervals if only used for moving goods, or in accordance with an examination scheme. Thorough examination should also take place if substantial or significant changes are made to the lift, or following exceptional circumstances (such as damage to / failure of the lift or its parts). This is in addition to normal inspections as part of lift servicing and maintenance. Other lifts used by the public should also be subject to similarly stringent requirements to ensure the safety of all users, and so meet the objectives of section 3 of the Health and Safety at Work Act.

Thorough examinations must only be undertaken by a competent person - someone who is suitably competent to undertake such work. The term 'competent person' is used in law to distinguish from other people who may just undertake servicing, maintenance and associated inspections.

A competent person is someone who has appropriate practical and theoretical knowledge and experience of the equipment for which they act as 'competent person'. This knowledge and experience can help them detect defects/weaknesses and assess whether they will affect the continued safe use of the equipment.

The competent person must be sufficiently independent and impartial to make objective decisions. However, this should not be the same person who performs routine servicing / maintenance, as they would be responsible for assessing their own work.

A competent person may be employed by a separate company or selected by an employer from their own staff. They should have genuine competence, authority and independence to ensure examinations are properly carried out, so that any recommendations that arise can be made without fear or favour.

You must have lifting equipment examined in the following circumstances:

• Before using it for the first time - unless the equipment has a valid Declaration of Conformity which is less than one year old and the lifting equipment was not assembled on site / dependant on the conditions of installation. If it was assembled on site or depends for safety on the way it was installed, it must be examined by a competent person to confirm that the assembly was correct and safe.
• After assembly, and before use at each location - for all lifting equipment that requires assembly or installation before use (eg tower crane) - to ensure it has been installed correctly and is safe for use.

Yes. Machinery and accessories for lifting loads must be clearly marked to indicate their safe working loads (SWL). Where the SWL depends on the configuration of the machinery for lifting loads, the machinery must be marked to indicate its SWL for each configuration, or provided with such information which is kept with the machinery.

On chain and wire slings, the SWL should be marked legibly and indelibly on a durable tag or label attached to the sling; or marked on the ferrule or master link.

Where it may not be possible for the marking to show the SWL, there are other ways of 'indicating' the safe working criteria for the equipment. In some cases, a 'surrogate' marking may be acceptable, such as a capacity indicator on an excavator. However, colour coding alone to denote SWL is not normally acceptable, but can be a useful additional feature (eg of textile slings) and may be a key element in the marking of some equipment, such as access and rescue ropes.

Individual lifting accessories forming part of a specific item of lifting equipment (that is not disassembled after use and so remains part of that equipment), do not need to be marked.

However, the lifting equipment must be marked with a SWL rating that is suitable for all items in its assembly.

Further information is given in: Safe use of lifting equipment. ACOP and Guidance (see regulation 7 and paragraph 186 onwards).

The contents of a thorough examination report are specified by Schedule 1 of LOLER . There is no longer a defined format or form for such a report, provided that all 11 items listed in Schedule 1 are included.

Yes, but security measures should be taken to ensure the report cannot be tampered with, and you should be able to provide a written copy when necessary, such as on request by the relevant enforcing authority.

Providing that part of the robot’s primary purpose is to be a piece of lifting equipment, then robots would be subject to LOLER.

However, whether a robot would be subject to a thorough examination, as required by Regulation 9(3), would depend on whether failure of the robot would result in a dangerous situation.

A robot in a fully fenced cell which operates entirely independently without any human interaction is unlikely to require a thorough examination because the failure of the lifting equipment could not result in a dangerous situation.

"Cobots", or robots within a cell where there is a need for human interaction; for example, replacing pallets or loads, would be required to be subjected to a thorough examination.

This would need to be considered on a case-by-case basis and will not apply in all circumstances.

Even where the requirement for a thorough examination does not apply, the equipment would still need to be maintained in accordance with the Provision & Use of Work Equipment Regulations 1998.

Product supply legislation covers products such as:

• machinery, safety components, interchangeable equipment, lifting accessories
• goods and passenger lifts, cableways, pressure systems, gas appliances
• electrical, radio and personal protective equipment
• equipment for use in potentially explosive atmospheres

If any legislation is relevant to your product, then you (or, in some cases, your authorised representative ) must meet all of the essential requirements of that legislation.

This must be done before you can place the product on the market, or before you bring it into use for the first time. The essential requirements are laid out in each regulation. Failure to adequately meet these legal requirements may be a criminal offence, for which (in many cases) the courts can impose unlimited fines.

Before placing products on the market, manufacturers (or their authorised representative) must:

• design and construct a safe and compliant product
• undertake the relevant conformity assessment procedure for that product (which, in some cases, requires the involvement of a third party to verify compliance )
• draw up a technical file demonstrating how the essential requirements have been met, keep it for at least 10 years and make it available to the authorities on request
• affix appropriate conformity marking and labelling
• produce a Declaration of Conformity (or a Declaration of Incorporation for partly completed machinery).
• provide user instructions, in the language of the end user

Manufacturers, and those who take on the manufacturer's role (this may include importers who place goods on the market for the first time), also have other responsibilities for product traceability, undertaking testing/examination, and managing risk and non-compliance for products already placed on the market, by taking action for compliance, withdrawal and recall from the market in appropriate cases, and to notify and cooperate with the authorities when required.

In all cases they must be in the language of the end user (English for the UK market) and meet the minimum requirements as specified in the relevant product legislation.

Those parts essential for health and safety should normally be provided with the product in a printed form.

British, European and International standards concerning a wide range of products and their characteristics are published by the British Standards Institution and copies can be purchased through the BSI website. Other European language versions may be available through the national standards bodies of other member states.

The titles of UK designated standards that support one or more UK product supply legislation are definitively published by the Secretary of State. A list with this legislation and the supporting standards is available on GOV.UK.

In themselves, most standards only provide guidance. It is the essential requirements of the relevant product supply legislation which must be met in law. However, where a manufacturer declares on the Declaration of Conformity compliance with a standard, the manufacturer must meet its requirements in full. Full compliance with a designated or harmonised standard gives presumption of conformity with one or more essential requirements of the relevant product legislation.

Manufacturers normally have to show how their particular product complies with all relevant essential requirements of the product legislation relating to it. This is done through conformity assessment - which can involve a detailed and complex assessment and the collection of significant evidence in a technical file.

However, where a product fully meets the requirements of a written standard for that product, or an aspect of safety relevant to that product (eg the safety distances to dangerous parts as given in the relevant standard), the standard may give the manufacturer a 'presumption of conformity' with one or more essential requirements. In other words, the manufacturer then may not need to show in as much detail how the product complies with the relevant legislation for the characteristics of the standard which the manufacturer has met . This often shortens and simplifies the conformity assessment process and requires less evidence to be produced for the technical file.

To do this, manufacturers must check that a standard can give a presumption of conformity and their product must be within scope of that standard. The basis on which a standard may give presumption of conformity must be verified.

The Supply of Machinery (Safety) Regulations 2008 apply to almost all machinery and partly completed machinery. Certain other products (listed in Regulation 4) also come within scope of the regulations in the same way as machinery:

• interchangeable equipment
• safety components
• lifting accessories
• chains, ropes and webbing
• removable mechanical transmission devices

However, some machinery-related products are excluded, see Schedule 3 (eg fairground equipment, certain means of transport, certain electrical and electronic products). Other products may be excluded, where covered by other more specific product legislation (such as medical devices which are also machines, traditional passenger and goods lifts, but not construction or slow moving lifts).

Another key exclusion is machinery powered by human or animal effort. However, lifting machines operated by directly applied human effort remain in scope.

Many products and most machinery do not have to undergo third-party assessment, completed by a conformity assessment body. However, the conformity assessment of certain products requires independent assessment by a conformity assessment body, prior to the product being conformity marked and placed on the market. This includes certain types of higher risk machinery, equipment and safety components, such as:

• cableways and their components
• pressure plant
• gas appliances
• lifts
• equipment for use in potentially explosive atmospheres
• logic units delivering a safety function
• protective devices designed to detect the presence of persons

The conformity assessment body's assessment may take the form of type examination, quality assurance or other means - as specified for that product by the relevant product safety supply legislation. If satisfied the Conformity Assessment Body will issue a certificate to the manufacturer (these are normally of limited validity 5 years from date of issue provided products made in series do not change).

Many products and most machinery do not have to undergo third-party assessment, completed by a conformity assessment or approved body. However, the conformity assessment of certain products requires independent assessment by an approved body, prior to the product being UK marked and placed on the UK market. This includes certain types of higher risk machinery, equipment and safety components, such as:

• cableways and their components
• pressure plant
• gas appliances
• lifts
• equipment for use in potentially explosive atmospheres
• logic units delivering a safety function
• protective devices designed to detect the presence of persons

The approved body's assessment may take the form of type examination, quality assurance or other means - as specified for that product by the relevant product legislation. If satisfied the Approved Body will issue a Type-examination certificate to the manufacturer (these are normally of limited validity 5 years from date of issue provided products made in series do not change).

Installers constructing machinery in situ from parts not supplied and intended as a complete product(s) or users making and installing a machine for their own use become the manufacturer for the purposes of the Supply of Machinery (Safety) Regulations, and have all the duties for compliance to fulfil as the Responsible Person. This is the case for many powered gates, large complex machinery and also for goods/passenger lifts which only exist as a complete product once installed in the environment of use.

In recent years, a number of adults and children have been seriously injured or killed by this type of machinery. The injuries were caused because people have been trapped or crushed by the moving door or gate. All powered doors and gates must be properly designed, installed and maintained to prevent possible injuries.

Unless you?ve been working on the gate, the 'owner' of the gate has to ensure that the gate is safe and without risks to others. The 'owner' here includes landlords or managing agents with responsibility for the gate. If the owner thinks the gate is unsafe, he should take steps to make it safe, for example, by engaging a competent person to install safety mechanisms or protective devices. Meanwhile, for safety, it should be switched off, or only used safely in a supervised way, eg under direct hold-to-run control.

If you've been working on the gate, eg installing, repairing, maintaining the gate, then you are responsible for ensuring it is left in a safe state. You should discuss your concerns with the gate owner so that they can take action to put things right.

Health and safety law doesn't apply to you. But it is a good idea to have regular checks carried out on the gates in accordance with the manufacturer's instructions. This is particularly important where the gate may affect the safety of third parties, such as passers-by, children or visitors. As with other contractors, you'll need to check that they are competent to carry out any work/inspections that you ask them to do.

Please note that anyone undertaking a 'work activity' on a domestic powered gate (eg repairs, checks, adjustments, servicing) will be subject to health and safety law. For further details see Powered Gates: Responsibilities.

You will have to ensure that powered doors and gates on the premises are safe. Existing powered doors and gates must be designed, constructed and maintained for safety. You will need to inspect them regularly to make sure they work properly and that protective devices are effective. In some cases, you may need to use a competent contractor to help you do this.

If you're going to install a new powered door or gate or 'power-up' an existing manually operated one - you should employ a competent installer who understands how these machines work, what the safety requirements are, how to do the work safely, and comply with the law concerning machinery supply. They should also provide you with User Instructions and details on how to maintain the gates to ensure safety.

You must be competent. This means you must understand the risks associated with these products and the law concerning supply. You should ensure that they are installed according to the manufacturers' instructions, making checks and adjustments as necessary so they are left safe. You must give User Instructions to the client, whether domestic or commercial/industrial, on how to use and maintain the gates. If you have any concerns about the design of the gate, or its components, then you should discuss these with the manufacturer/supplier.

You must be competent to carry out maintenance or inspection work. This means understanding how the door or gate and its safety features work. If you find something wrong then you should talk to the owner about what you need to do to make it safe, particularly if there is a risk of injury. You need to leave the gate in a safe state. Where new components are fitted the User Instructions may need to be updated.

HSE cannot get involved in civil disputes between owners or others with responsibility and contractors where there are disagreements about maintenance, repairs or upgrading work. In such cases, the owner and the contractor need to resolve the issues; both need to ensure that people are not put at risk of harm. Organisations such as Gate Safe and the DHF may be able to help.

Powered gates and doors:

• Must be properly designed, taking full account of the environment of use, the presence of vulnerable members of the population, and potential foreseeable misuse, as well as intended use;
• Manufactured (including when assembled from components in situ) to the safety standards required by law, regardless of whether for use in connection with work, or located on private domestic premises;
• Supplied with all relevant documentation, including a Declaration of Conformity and the User Instructions for the complete product, and where necessary of component parts;
• Installed safely, and maintained for safety, by competent contractors;
• If part of a workplace, be adequately inspected and maintained for safety;
• If part of premises managed by a work undertaking (including landlords and managing agents of residential complexes), to meet the general duty for the safety of non-employed persons  including be adequately inspected and maintained for safety;
• As necessary regularly checked, which may require specific inspection, testing, and adjustment, so they remain safe; and
• Where found to be dangerous, immediately taken out of use until all of the safety concerns have been adequately addressed.

Powered (automatic) gates (barriers and doors) located in 'workplaces' are subject to a number of specific legal requirements. These will include requirements for:

• design, manufacture, supply and installation under the Supply of Machinery (Safety) Regulations 2008; and
• inspection and maintenance under the Workplace (Health, Safety and Welfare) Regulations 1992.

There will also be general requirements under the Health and Safety at Work etc Act 1974 in relation to risks to third parties (non-employees).

Powered (automatic) gates for use on private domestic premises must comply with the Supply of Machinery (Safety) Regulations 2008 when first installed.

You can get more information about safe machinery and work equipment here. For more detailed information and guidance on this topic see the Powered Gate section.

HSE has worked with Gate Safe and the DHF to produce advice and guidance on powered gates. You can get specific information on powered doors and gates from their web sites.

Before you buy it, think about:

• where and how it will be used
• what it will be used for
• who will use it (skilled employees, trainees etc)
• what risks to health and safety might result from its use, and
• how well health and safety risks are controlled by different manufacturers

This can help you decide what equipment may be suitable, particularly when buying standard 'off the shelf' items. If you are buying more complex or custom-built equipment, you should discuss your requirements with potential suppliers, who can advise you on the options available. When you place the order, specify in writing that the equipment must be safe, meet all relevant product safety legislation includingappropriate conformity marking and be correctly labelled.

Further information is available from Buying new machinery.

Check the machinery has the appropriate including the name and address and is accompanied by:

• a Declaration of Conformity, which covers all relevant product safety legislation (where required) and
• a set of instructions in English, stating how the machinery should be used and maintained

You should also check it is not obviously unsafe (eg missing guards), by assessing the risks that may arise from the way it will be used and maintained.

Further information is available from Buying new machinery.

Health and Safety at Work Act Section 6 of the applies to all second-hand products. It requires manufacturers (which may include those undertaking refurbishment), importers and suppliers to provide work equipment which is safe and does not present a risk to health, as far as reasonably practicable. This requirement includes the provision of instructions for the safe use of the equipment.

Section 6 of the Health and Safety at Work Act requires all products supplied for use at work - whether new or second-hand - to be safe, so far as reasonably practicable.

This includes the provision of adequate information to enable safe use and maintenance.

No. If the work equipment is new, it must be sold safe and in compliance with the relevant provisions.

Product safety for businesses: A to Z of industry guidance - GOV.UK (www.gov.uk)

The equipment must comply with section 6 of the Health and Safety at Work Act (HSW Act). Even if equipment is second-hand, it still can't be 'sold as seen' if it is intended for use at work. All work equipment must be sold safe, so far as reasonably practicable. If originally CEor UKCA marked, it should only be sold on for use in as safe a condition as when it was originally placed on the market, with a copy of the original instructions.

You may sell equipment in any state for scrap or spare parts, but this should be explicitly confirmed in the transaction record. Dealer-to-dealer and user-to-dealer transactions are not normally 'sales for use at work' and this should be explicitly confirmed in the transaction record.

However, for old non-CE marked work equipment, you may sell this as long as it complies with requirements of Section 6 (8) of the H&SAW Act which states: Where a person designs, manufactures, imports or supplies an article [F7 for use at work or an article of fairground equipment and does so for or to another] on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health [F8 at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (1) or (1A) above], the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed [F9 by virtue of that paragraph] to such extent as is reasonable having regard to the terms of the undertaking.

Unless already CE marked, second-hand equipment only requires new marking when it is effectively new to the GB market meaning it is equipment so substantially refurbished as to be considered 'new'.

Intermediate suppliers - for example distributors, agents, retailers and auctioneers - must supply safe and compliant products, with the correct documentation. Most new products come within the scope of one or more product supply regulations and therefore should:

• have appropriate conformity marking and be correctly labelled
• (usually) come with a Declaration of Conformity
• be supplied with user instructions, in English

Where a product is only partly completed machinery, as defined by the Supply of Machinery (Safety) Regulations 2008 and intended for assembly with other equipment to form machinery to which those regulations apply, it must be accompanied by assembly instructions and a Declaration of Incorporation should be provided instead of a Declaration of Conformity.

In some cases suppliers take on the manufacturer's or importer's role, eg where goods are re-branded by a distributor in its own name, or are being placed on the market for the first time.

All economic operators, be they manufacturers, importers or distributors have other responsibilities for product traceability, undertaking testing/examination, and to managing  risk and non-compliance for products already placed on the market, by taking action to ensure compliance, withdraw and recall the product from the market in appropriate cases, and to notify and cooperate with the authorities when required.

All articles for use at work, including those supplied second-hand, are required to be safe, so far as reasonably practicable, and accompanied by adequate information to enable safe use, under section 6 of the Health and Safety at Work Act.

Where relevant product supply legislation applies, you should ensure that products have appropriate conformity marking and are correctly labelled, with user instructions in English and (in most cases) accompanied by a Declaration of Conformity. Partly completed machinery should be accompanied by assembly instructions and a Declaration of Incorporation. Electrical equipment subject to the Electrical Equipment Safety Regulations should be appropriately marked and labelled with key information provided, but does not need to be accompanied by a Declaration of Conformity.

Where reasonable, particularly if you are involved in the assembly or installation of a product, you should also check for any obvious safety defects.

In all cases suppliers of articles for use at work must comply with the general requirements of section 6 of the Health and Safety at Work Act:

'...to supply products that are safe and without risks to health when being used, set, cleaned and maintained and provide user information, so far as reasonably practicable'.

If the product does not have appropriate conformity marking and labelling but should be because it comes in scope of relevant product supply legislation, the person/organisation placing it on the market (or bringing it into use, eg in the case of direct imports), must comply with the requirements of the relevant product legislation as if they were the manufacturer and/or importer.

These requirements apply to both new and second-hand products not previously placed on the market. However, if the product was originally placed on the market prior to the implementation of the relevant product legislation, it only needs to meet the requirements of section 6 of the Health and Safety at Work Act (unless it is machinery which has been so substantially modified it must be considered 'new' machinery subject to the Supply of Machinery (Safety) Regulations 2008).