Machine misconceptions

WHAT IS the difference between a risk assessment and a Provision and Use of Work Equipment Regulations 1998 (PUWER) assessment, and do I need to do one? 

A risk assessment is a process of identifying potential hazards in the workplace, assessing the likelihood and severity of harm that could arise, and taking appropriate steps to control or eliminate those risks. This type of assessment is a general requirement under health and safety law in most countries and is often required by employers to ensure the safety of their employees. The International Standard BS EN ISO 12100:2010 gives some great guidance on undertaking risk assessments.

On the other hand, a Provision and Use of Work Equipment Regulations 1998 (PUWER) assessment specifically focuses on the risks associated with the use of work equipment, such as machinery, tools, and some vehicles. The assessment aims to ensure that such equipment is safe and suitable for its intended use, and that employees who use the equipment are adequately trained and informed about any risks.

In essence, a risk assessment generally goes into much more detail and has a significantly wider scope, while a PUWER assessment is a specific assessment of the risks associated with work equipment. However, depending on the nature of your workplace, it is possible that a PUWER assessment could be included as part of a wider risk assessment.

As an employer, you have a legal duty to ensure the health and safety of your employees, and this includes conducting risk assessments as appropriate. Therefore, it is essential to determine whether a risk assessment or PUWER assessment is necessary for your workplace and to take appropriate action to protect your employees from harm.

If I have a safety switch on my machine, surely its safe, right?

Unfortunately, the answer to this is no. 

Safety switches are designed to stop or shut down a machine or equipment when a hazardous situation is detected, such as an operator's hand entering a dangerous area. However, they are only effective if they are properly installed, maintained, and used correctly.

There are several factors to consider when assessing the safety of a machine, including:

The design and construction of the machine: Machines that are poorly designed or constructed may pose a higher risk to users, even if they have safety switches installed.

The condition of the machine: Machines that are poorly maintained or damaged may be more likely to malfunction and cause accidents.

The training and competency of the machine operator: Proper training and supervision are necessary to ensure that operators know how to use the machine safely and understand the risks associated with its operation.

The environment in which the machine is used: The layout of the workspace, the presence of other workers or equipment, and other environmental factors can all affect the safety of a machine.

In addition, every safety function on a machine should have an assessment made to determine the level of integrity required, referred to as a Performance Level within the Safety of Machinery standard BS EN ISO 13849-1:2015 

To put this into perspective, you would not use a washing machine door switch for safeguarding an operator to the dangers within a power press. There are many different types of safety interlocks in use today and not all of these are suitable for every application.

Considerations including ‘does the door need to lock because of moving hazards?’ or ‘what is the degree of harm that could occur should something go wrong?’ all need to be considered. Using the wrong type of interlock could lead to a serious accident occurring. Maybe you should ask your maintenance team when were your interlocks last inspected?

I have been told that my safety switches can be defeated or manipulated? Is this bad, and what do I need to do?

Manipulation & overriding of safety switches is one of the common causes of accidents in the workplace. The pressure on employees to ‘just get the job done’ makes this worse. For high-risk applications where operators could get severely injured, an interlock with RFID coding is recommended within the standards. The coding means that only the paired actuator can be used to operate the machine. Some companies have even gone as far as having an actuator amnesty whereby staff can hand in their extra guard lock keys or actuators.

In general, machinery guarding should be designed to prevent access to hazardous areas and to protect operators from potential hazards associated with the machinery. The height of the guarding should be sufficient to prevent operators from reaching or accidentally entering the hazardous area.

Guarding is too-often seen as an afterthought and outsourced to a local fabricator to produce at the last minute, who may not consider the relevant standards when designing and manufacturing the guarding.

There are many characteristics of machinery guarding that are commonly unknown to the general fabricator and these can be found in the relevant standards such as BS EN 14120:2015 or BS EN 13857:2019.

My machine is not CE marked, can I still use it?

This is a complex matter but officially machinery supplied after 1995 shouldn’t have been put into use until all the relevant documentation and marking was provided, although many none-CE marked machines are in use today and are operating safely.

The legislation surrounding CE marking is not retrospective and therefore older machines put into use before 1995 will not bear the CE mark in any case. Irrespective of the need for a CE mark, every employer has to ensure that work equipment is safe and this is laid down in legislation.

My advice for any organisation that has machinery that does not meet the marking requirements is to undertake a comprehensive risk assessment and PUWER assessment and document the findings, correcting any shortfalls along the way.

I want to purchase a new machine; what do I need to tell my suppliers I need?

The suppliers of new machinery have certain legal obligations but we would recommend you also add some contractual obligations as far as the design and manufacture is concerned. The legal obligations would include UKCA or CE marking and the need for a declaration certificate to be provided.

We would always recommend the use of relevant standards (designated or not) to be part of the contractual relationship. The standards provide technical detailing not given in the regulations and if a machine builder uses all applicable standards, you can be pretty sure the machine will be safe.

Things get much easier if there is a C-type standard available for the type of equipment you are purchasing. C-type standards are specific to a machine-type and give the designer all the information they would generally need to ensure their design is sufficient and safe. For UKCA marking, a list of current designated standards can be found by visiting: Designated standards: machinery - GOV.UK (www.gov.uk).

I have been told CE marking is no longer valid, is this correct?

CE Marking applies to many products ranging from children’s toys to medical devices. With the effect of Brexit, the UK rules are changing and the CE marking requirement will become invalid and be superseded by UKCA. UK Conformity Assessment (UKCA) marking is used on products placed on the market in Great Britain (GB). It shows that products comply with requirements in legislation applying in GB.

To allow businesses time to adjust, the government intends to bring forward legislation that would continue to allow recognition of the CE marking for goods being placed on the market, or put into service in Great Britain, until 11pm on 31 December 2024. The requirement for Northern Ireland is different again. 

I have recently bought a new CE marked machine, can I put this straight into use?

No. When any employer provides work equipment irrespective of who owns it, it must comply with the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER). This legislation puts the onus on the user of the equipment to ensure it is suitable for use, provided with instructions and training, has suitable and sufficient guarding, maintained correctly and is safe for use.

An inspection should be undertaken on all work equipment before it is first put into use and periodically thereafter when changes take place. This inspection should be documented for the majority of industrial machines used in a modern factory. This includes areas often not considered such as the tool room and maintenance workshops. 

Mark Staples is UK services manager at Euchner. For more information, visit  www.euchner.co.uk