Do you need to comply with other Regulations or take note of Employment Protection Regulations?
Is your product covered by other relevant Regulations according to Regulation 10?
It is inevitable that your machine or product will have to comply, one way or another, with other Regulations in addition to the Machinery Regulations. This section guides you through this sometimes difficult procedure and highlights the relevant steps to take.
Reg. 10 (1) (a) requires that if there is another Directive/regulation dealing with a specific risk then the requirements of that other Directive will apply to the risk. It is therefore essential, when you are carrying out the risk assessment, you check if there are separate Directives (which have been implemented) dealing with any of these risks.
For example if your machine is going to work in an explosive atmosphere or use material likely to cause an explosion then EHSR 1.5.7 in Schedule 3 will need to be dealt with. If the risks arising from the use of the machine are covered wholly or partly by the requirements of the ATEX Regulations then the relevant requirements of the ATEX Regulations must be complied with. Go to the list of Associated Regulations for more information.
Reg. 10 (1) (b) requires that when the risks is predominantly electrical then the Electrical (Safety) Regulations 1994 will take precedence over the requirements of Schedule 3. Both DG Enterprise and BERR have published guidance on the their websites on the relationship between the Low Voltage Directive/Electrical Safety Regulations and the other Supply Directives/Regulations.
NB. You must apply the requirements of the Machinery Regulations for those risks in so far as they are not covered by the other Directives.
It is not the purpose of this website to deal with the detailed requirements of the other New Approach Directives and Regulations. However, all of the Directives have similar framework and EHSRs with similar range of Harmonised Standards to help with the interpretation of the EHSRs, a Standing Committee giving guidance and a range of guidance documents.
Is your product covered by another relevant Regulation not directly connected to the Machinery Regulations?
There are some Regulations that do not deal with a specific risk and therefore do not come under Reg. 10 of the Machinery Regulations but never the less may apply to your machine or product and you need to consider them as part of the design process. Good examples of these are Regulations dealing with electromagnetic compatibility, environmental and household noise. See the List of Regulations for more information.
Do you need to take note of the requirements of an Employment Protection or other specific Regulations?
This Guide is aimed at those designing and supplying machinery under the Machinery Regulations. However, there are some circumstances where the specific requirements of Regulations applying to worker protection may affect the design of the product. It is also good practice to anticipate the way these other Regulations may affect use of the machine - see Risk assessment below.
For example, the "Provision and Use of Work Equipment Regulations 1998" (PUWER) requires roll over protection and the provision of seat belts where there is a risk of overturning of mobile machines. The Machinery Directive/regulations may well be amended as a result of current negotiations to place equivalent requirements on manufacturers and suppliers. However, be aware that the amendments will take some time to be in place. Be also aware that the Machinery Regulations and PUWER are not in phase and additional requirements may be agreed at any time.
Similarly, a lot of basic machines can be used for a wide variety of application that may have specific regulations covering them. For example a lathe could be used to turn components for nuclear fuel rods and they will come under the Regulations dealing with the nuclear industry and the control of substances hazardous to health. Wherever possible the designer should get to know about the potential use of the machine before the design is completed. This will not only help to meet the legal requirements at minimum cost but will place the supplier at a competitive advantage over other suppliers.