UK law on the design and supply of products

UK product safety legislation sets out the obligations of those placing products on the UK market, such as manufacturers, importers and distributors (these are sometimes known as ‘economic operators’).

The law also details essential health and safety requirements (EHSRs) which products must meet during their design and manufacture.

Most product safety legislation has features in common. They use the same definitions for the terms used (such as manufacturer, distributor, placing on the market, for example.) They set out similar obligations for suppliers, and requirements when placing or making goods available on the market, including:

  • meeting essential health and safety requirements (EHSRs)
  • use of a technical file to demonstrate EHSRs are met
  • providing instructions and safety information to users
  • the issuing of a Declaration of Conformity (or in some cases, Performance or Incorporation)
  • marking and labelling the product to enable traceability

All products placed on the UK market, whether intended for use at work or for consumers, must comply with the requirements of the applicable UK product safety legislation.

Product safety and standards

The Office for Product Safety and Standards (OPSS) has produced product safety advice for businesses (on GOV.UK) placing consumer goods on the market in Great Britain (England, Scotland and Wales). The Product safety A to Z of industry guidance (on GOV.UK) helps you find out which regulations apply to your products and where to go for further information on how to comply with them.

The Department of Business and Trade (DBT) has also produced guidance for placing manufactured products on the GB market (on GOV.UK) and placing manufactured goods on the EU market (on GOV.UK).

Workplace products law

HSE regulates the supply of workplace products in GB that are within scope of the legislation listed below:

Other legislation may apply to workplace products. Businesses who supply products are responsible for ensuring that they meet all their legal obligations.

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.

Section 6 of the HSW Act applies to:

  • intermediate suppliers (distributors, agents, retailers and auctioneers) 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 (on legislation.gov.uk) 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 includes providing information and instructions on safe use, including any subsequent revisions to that information, and testing or examination necessary to ensure compliance.

Supply of Machinery (Safety) Regulations

Most new machinery is covered by the Supply of Machinery (Safety) Regulations. The regulations cover some non-machinery products including: safety components, interchangeable equipment, lifting accessories, chains, rope and webbing, removable transmission devices and partly completed machinery, but exclude items such as domestic electrical machines, many road going vehicles (but not machinery mounted on them), and fairground equipment.

Before new machinery is placed on the market for the first time (or where not placed on the market, being put into service for the first time), the Supply of Machinery (Safety) Regulations require that all machinery and other products in scope:

  • are designed and constructed to be safe, and meet all 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 EHSRs are met
  • have appropriate conformity assessment 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)

There’s separate guidance in the leaflet ‘Buying new machinery’.

Subsequent use and maintenance of workplace machinery is covered by The Provision and Use of Work Equipment Regulations (PUWER). More information is available in guidance on PUWER.

The Supply of Machinery (Safety) Regulations apply to ‘responsible persons’, defined as the manufacturer or their authorised representative, and others such as:

  • 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

Others in the supply chain are covered by section 6 of the HSW Act.

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

The Department for Business and Trade (DBT) has responsibility for the legislation and policy for these regulations.

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

Further guidance on the Supply of Machinery (Safety) Regulations (on GOV.UK) is available from Office for Product Safety and Standards.

Electrical Equipment (Safety) Regulations

The Electrical Equipment (Safety) Regulations cover most low-voltage equipment operating between 50 and 1,000 volts AC, and 75 and 1,500 volts DC.

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 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.

The Department for Business and Trade has responsibility for the legislation and policy for the Electrical Equipment (Safety) Regulations (on legislation.gov.uk). 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).

There’s separate guidance about work on electrical equipment, machinery or installations.

Further guidance on the Electrical Equipment (Safety) Regulations (on GOV.UK) is available from Office for Product Safety and Standards.

Lifts Regulations

The Lifts Regulations cover lifts that permanently service buildings or constructions, and safety components for use in such lifts.

The Department for Business and Trade is responsible for the legislation and policy for the Lift Regulations (on legislation.gov.uk). HSE and Office for Product Safety and 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).

Excluded lifts

Certain types of lift are excluded because they are subject to the Supply of Machinery (Safety) Regulations. 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 EHSRs), 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.

Further guidance on the Lifts Regulations (on GOV.UK) is available from Office for Product Safety and Standards.

Pressure Equipment Regulations and Simple Pressure Vessels (Safety) Regulations

The Pressure Equipment (Safety) Regulations and The Simple Pressure Vessels (Safety) Regulations provide for the safety, by design and manufacture, of most pressure equipment and assemblies at a pressure of more than 0.5 bar.

The Department for Business and Trade has responsibility for the legislation and policy for these regulations. 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)

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. The relevant legislation is found at The Pressure Equipment (Safety) Regulations (on legistlation.gov.uk) and The Simple Pressure Vessels (Safety) Regulations (on legislation.gov.uk).

There’s separate guidance on health and safety of pressure systems.

Further guidance on the Pressure Equipment Regulations (on GOV.UK) and the Simple Pressure (Safety) Vessels (on GOV.UK)  is available from Office for Product Safety and Standards.

ATEX

The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations, usually known as ATEX, regulate 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 or protective systems against explosion, also come within scope of the regulations.

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.

Product markings

In addition to marking and labelling in common with other product legislation. ATEX equipment must normally bear the specific explosion protection mark, ‘Ex’.

The Department for Business and Trade has responsibility for the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (on legislation.gov.uk) and policy but HSE enforces the provisions of these regulations for workplace products.

Find out more about ATEX and explosive atmospheres.

Further guidance on Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (on GOV.UK) is available from Office for Product Safety and Standards.

Gas Appliances Regulations

The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 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.

The Department for Business and Trade has responsibility for legislation and policy of these regulations. 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. Find the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations (on legislation.gov.uk) and Regulation 2016/426 on appliances burning gaseous fuels (on legislation.gov.uk).

Further guidance on the Gas Appliance Regulations (on GOV.UK) is available from Office for Product Safety and Standards.

Cableway Installations Regulations

The Cableway Installations Regulations concern cableways designed to carry people, and their subsystems or safety components.

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.

Excluded equipment and installations

The Cableway Installations Regulations 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 the Cableway Installations Regulations (on legislation.gov.uk).

Further guidance on the cableway installations regulations (on GOV.UK).

The Explosives Regulations

The Explosives Regulations are concerned with authorisation and safety and security requirements for civil use explosives.

A civil explosive is an explosive which has been, or would be, classified in accordance with the United Nations Recommendations as falling within Class 1, but it does not include:

  • ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997
  • any explosive which it is shown is intended for lawful use by the armed forces or the police of any country,
  • pyrotechnic articles like fireworks (these are covered by the Pyrotechnic Articles (Safety) Regulations)

Many civil explosives will also be relevant explosives but ultimately the decision on whether an item is a pyrotechnic or civil explosive remains the responsibility of the Approved Body.

There’s separate guidance on explosives.

The Explosives Regulations (on legislation.gov.uk) largely only extend to Great Britain (England, Scotland and Wales) and are enforced by HSE.

Northern Ireland has separate explosives legislation:

Pyrotechnic Articles (Safety) Regulations

The Pyrotechnic Articles (Safety) Regulations concern the placing on the market of:

  • 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 and Trade has responsibility for the Pyrotechnic Articles (Safety) Regulations (on legislation.gov.uk) and policy for these regulations. Whether HSE and local trading standards enforce the provisions of these regulations depends on the category of the product.

There’s separate guidance on storing and selling pyrotechnic articles safely

There’s further guidance on Pyrotechnic Articles (Safety) Regulations (on GOV.UK) from the Office for Product Safety and Standards.

Personal Protective Equipment Regulations

The Personal Protective Equipment (Enforcement) Regulations and Regulation 2016/425 regulate the basic safety requirements of most personal protective equipment (PPE) whether for use at work or elsewhere.

The Department for Business and Trade has responsibility for the Personal Protective Equipment (Enforcement) Regulations (on legislation.gov.uk) and policy for these regulations. 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)

There’s separate guidance on using PPE at work.

There’s further guidance on Personal Protective Equipment Regulations (on GOV.UK) from the Office for Product Safety and Standards.

Back to top

Is this page useful?

Updated: 2024-10-24