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How to comply with Schedule 3 of the Machinery regulations

Conforming with the EHSRs

The manufacturer can choose one of two ways of conforming with the technical measures required by the Machinery Regulations:-

Devise and implement the technical measures to comply directly with the EHSRs, following the requirements of Schedule 3

or

Use a Harmonised European Standard produced by CEN/CENELEC under mandate from the Commission and placed in the Official Journal of the CEC. (See page 6 of this Guide).

The Essential Safety Requirements

Schedule 3 (as amended by the 1994 Regulations) contains the Essential Health and Safety Requirements (EHSRs) that are considered necessary to be complied with before the machine or product can be placed on the market or put into use within the EEA.

Schedule 3 is divided into the following parts : -

• Part 1 - preliminary observations, principles of safety integration, and general safety aspects.
• Part 2 - additional requirements for agri-foodstuffs machinery portable hand held machinery and machinery for woodworking and similar materials.
• Part 3 - particular requirements for the hazards arising from mobility.
• Part 4 - particular requirements for hazards associated with lifting - but not lifting people.
• Part 5 - requirements for underground working.
• Part 6 - requirements for lifting and moving persons.

NB. It is important to realise that when assessing a machine all of these Parts should be considered. More information can be obtained from the BERR Guidance notes on UK Regulations which give consolidated guidance on the Machinery Regulations and the amendment. Annex B gives detailed advice on dealing with the EHSRS.

Preliminary Observations

The starting point is Part 1 Preliminary Observations - which determine how the rest of the EHSRs should be interpreted. These give three main directions that control the way the rest of the EHSRs should be dealt with.

• The EHSRs only apply when the corresponding hazards exist but requirements 1.1.2 (the Principles of Safety Integration), 1.7.3 (Marking) and 1.7.4 (Instructions) apply to every machine.
• There should be a risk assessment carried out for each identified hazard.
• Every effort should be made to comply with the absolute nature of the Essential Health and Safety Requirements. However if it is not possible to meet the objectives set by them (the EHSRs) the machines should be designed with the purpose of approaching these objectives, taking into account the state of the art.

NB. The use of a Harmonised Standard is one way of defining the "state of the art" for the EHSRs defined in the scope of the relevant Standard.

Mandatory ESRs

As stated in the Preliminary Observations, the following EHSRs apply to every product within the scope of the Machinery Regulations and, as such under the Machinery Regulations have equal precedence. However, in terms of producing a safe machine, the Principles of Safety Integration are the core of the Machinery Regulations and should be fully understood before any work is started on the design of a relevant product:-

1.1.2 - called the Principles of Safety Integration - gives the basic approach to be used in the assessment of all risks to health and safety for any machine during all stages of the machines use, from assembly to scrapping, under conditions of foreseeable use and misuse. The strategy gives the following approach: -

• Identify all hazards to health and safety then
• Carry out a risk assessment and on the basis of the risk assessment (See page 7 of this Guide)
• Eliminate or minimise the risks by (in order of precedence) :-
  • Design measures.
  • Provision of protective devices.
  • Provision of information on residual risks and the precautions needed to deal with them.

NB. The "Principles of Safety Integration" form the basis for the entire approach to meeting both the requirements and the spirit of the Regulations, enabling the "State of the Art" to be achieved for any combination of risks for any machine. This logical step-by-step system is intended to be a hierarchy to be followed "in the order given".

1.7.3 Marking - requires that all machines should be marked so that the manufacturer and the machine type can be identified. That any special operating limits are given and that the CE mark is fixed to the machine or product.

1.7.4 Instructions - requires the supplier to provide operating instructions and sales literature containing a wide range of information dealing with the safe use of the machine including transporting, installation, operation and maintenance - through to scrapping. There are particular requirement for information on noise and vibration depending on the level emitted by the machine under stated test conditions.

The rest of the EHSRs can then be evaluated to see if they are relevant and the Principles of Safety Integration applied.

The above procedure if properly carried out will ensure that machines will be placed on the market that are safe for the intended use. However, to execute the procedure with success it is essential that the designer has a clear understanding of:-

• The performance requirements of the machine.
• How the machine will be used (not always the same as the performance requirements).
• The accident history of similar machines.
• The legal requirements applied to the machine or industry.
• Sources of information - national standards, professional publications.

These requirements may seem obvious but it is surprising how many designers are quite remote from the workplace and, if left by themselves, may have little idea of the realities of the environment in which their machines are to be used.

How is the designer to get this information? In large organisations there should be resources available to continue a dialogue with customers, accident prevention bodies and enforcement agencies. There may be no such riches for the designer in a small or medium size enterprise and the best source of information is the range of Harmonised Standards produced by national and regional standards bodies such as CEN/CENELEC and the international standards bodies ISO/IEC, together with many professional bodies and organisations.

The accident history for machines in the same product area or for similar machines is an essential element in this process. Some accident data is published by the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE) in their annual reports but in most cases it is not detailed enough to give anything but generalised trends. Some manufacturing associations may give more information but the best source is from the HSE who record and investigate accidents as part of their enforcement duties. Inspectors have a wealth of information on accidents and remedial measures and information can be obtained from:-

• HSE, Field Operations Directorate (FOD) Safety Unit on 0161 952 8400
• HSE "Infoline"on 08701 545 500

In addition, HSE publish a series of guides dealing with machines that have given specific problems. The guides are very comprehensive and give details of recommended protective measures. Details can be obtained from:-

"HSE Direct" (purchase of publications)

A publication that is particularly relevant is HSE Leaflet - Five steps for Risk Assessment

This is also where the potential purchaser of the machine can have a great influence over the design of the machines by making their requirements very clear and providing feedback once the machine is in service. Whatever the designer may think, the person who operates the machine is the one with the most detailed knowledge of what the machine can do - both what the designer intended - and the other things that an astute operator can make possible. It is therefore essential that the user involves the operating and maintenance personnel both in the initial discussions and in the feedback.

The risk elimination and risk reduction process can then proceed using BS EN 292 Safety of Machinery Part 2 as the basis of your approach together with any relevant B and C-type Harmonised standards.

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