Does a UKCA or CE mark on new machinery mean it’s compliant and ready to go?
Your expensive new machinery has arrived at your site, so you check to see if it’s carrying a UKCA or CE mark as promised – it’s there! That’s a relief! This surely means you can switch it on for its first-ever task, right?
Not so fast. A compliance mark with UKCA and/or CE does not necessarily mean you can assume an operational safety sign-off. Some businesses have assumed these marks are a ‘green light’ to proceed with installation, opting to ignore the need for an inspection under the Provision and Use of Work Equipment Regulations (PUWER).
Here’s the reality. A UKCA/CE mark and a PUWER inspection are not an “either/or” choice. They are two different yet extremely vital links in the machinery safety chain. There is a symbiotic relationship between the marking and a PUWER inspection
UKCA or CE?
Regulation 10 of PUWER states new machinery should comply with relevant legislation. For Great Britain (England, Scotland and Wales), this means a legitimate UKCA or CE mark. A legitimate CE mark is required in Northern Ireland and the 27 European Union (EU) countries.
There is a UKNI mark which stands for UK Northern Ireland Conformity Assessed. However, this alone does not validate machinery in any territory because it is purely to signify that a UK-based Approved Body did the mandatory third-party rather than an EU-based entity.
The responsibility to check that the manufacturer has provided machinery that is safe lies with those who deployed the machinery. This is why audits are a vital part of avoiding accidents at work and the ensuing legal consequences.
What exactly is a UKCA/CE audit?
A professional audit to check the manufacturer’s machinery meets UKCA or CE requirements will involve a substantial analysis of the machine. After that step, a review is carried out on the manufacturer’s Technical Construction File (TCF).
As the focus of a UKCA/CE audit is on the design and build, the process will include:
- An inspection of machinery to check it meets relevant directives/regulations
- A check of the Declaration of Conformity, TCF, and manufacturer’s risk assessments.
- A review of safety circuits, guarding, and control measures implemented.
- An evaluation of manuals, labels, and instructions for compliance.
- Discussions with the manufacturer, where necessary, to resolve any remaining issues.
UKCA/CE audits are normally undertaken at the manufacturer’s premises before equipment is dispatched, providing the manufacturer with the opportunity to rectify any identified non-conformities prior to shipment and helping to avoid costly delays or surprises once the equipment arrives on site. This also coincides with the obligations under regulation 10 of PUWER.
What exactly is a PUWER inspection?
In contrast to a UKCA/CE audit, a PUWER inspection reviews machine guarding and other safety measures which may be captured on the audit but also adds a focus on installation and context. For example, a machine can be fully safe in a vacuum but may present a danger on an ordinary factory floor.
These are some of the critical areas that are examined:
- Location and operating environment
- Power supply
- Required skill levels for operators
- Interaction with the rest of the production line
Key differences between a UKCA/CE audit and PUWER at a glance
UKCA/CE audit | Initial PUWER inspection | |
|---|---|---|
Instigation | Ideally before the machine is delivered | Upon installation before first operational use |
Review | Machine design, safety and compliance | Machinery safety, site installation and operational environment |
Responsibility | Manufacturer, although ultimately verified by the buyer | Employer and/or user |
Desired outcome | Conformity with manufacturing laws | Workplace safety and operator protection |
Why it’s best to apply UKCA/CE and PUWER
Picture the scene. At your site, a new conveyor belt has arrived that is UKCA- and CE-marked. This is usually a manufacturer’s self-declaration, a marking that is not always fully understood by end users. Even if these self-declared credentials are recognised, they are still not a sign that the machinery conforms to PUWER. The very nature of a self-declaration should of course, warrant a dose of scepticism and a further examination.
The conveyor belt has operated safely throughout testing and has been on the market for over a year with no reported issues. Those seem to be pretty good signifiers that this machinery can be deployed immediately. After all, it’s reached the UK and EU’s recognised credentials for a safely built machine. All seems well on that front.
However, it gets bolted down very close to a structural pillar. When the conveyor moves, there is a credible risk that an operator could accidentally catch their fingers or loose clothing on the moving belt. This scenario is likely to result in serious physical harm to the worker, leading to a costly legal case for the company.
The issue isn’t the UKCA/CE compliance; it’s that the deployment clearly contravenes PUWER. It’s a massive health and safety risk.
Simply put, UKCA/CE isn’t PUWER, and vice versa. That’s not to say either option cancels out the other, as there clearly is a reciprocal relationship between the two. PUWER even reinforces that need; as we highlighted earlier, it effectively demands compliance with UKCA and CE in the appropriate territories.
The rule of thumb
UKCA/CE is an industry-wide benchmark to show machinery has been built safely to particular standards. PUWER dictates how machinery should be used safely. If you’re buying new machinery, contact us for a UKCA/CE audit.
How are you meeting these essential standards? Have you scheduled an inspection to check if your site is PUWER compliant? Speak to us today to book your PUWER inspection.
