Safety of machinery

Machinery is everywhere in our modern society. Not only in industry and the workplace, but also in our everyday life (DIY and gardening tools).

Using machinery is not without risk. Risks can arise from:

• falling objects;
• projectiles;
• electricity;
• assembly errors;
• extreme temperatures;
• explosions;
• rotating parts, etc.  

Laws and regulations

Producers' obligations

Changes to regulations from 29/12/2009

Laws and regulations

Machinery safety is set forth by the Royal Decree of 12 August 2008 on the placing on the market of machinery, which is an implementing decree of the law of 9 February 1994 on the safety of products and services.

After 29/12/2009, the Royal Decree of 5 May 1995 regarding the placing on the market of machinery was cancelled and replaced by the Royal Decree of 12 August 2008 regarding the placing on the market of machinery .

Producers’ obligations

Machinery and safety components must meet basic health and safety requirements.

Before a machine or safety component is placed on the market, the manufacturer must apply one of the established conformity assessment procedures and set up a technical file.

They then draft the ‘CE’ declaration of conformity and affix the CE mark.

Where neither the manufacturer nor their authorised European Union representative meet the above obligations, these obligations are the responsibility of any person placing the machine or safety component on the market.

The same obligations apply to any person assembling machinery or parts of machinery or safety components with different origins or who builds the machine or safety component for their own use

Changes to regulations from 29/12/2009

Fundamental changes introduced by the Royal Decree of 12/08/2008 regarding the marketing of machinery:   

• This decree shall also apply to quasi-machinery; The corresponding technical file must specify which requirements of the order they comply with;
  
• The essential health and safety requirements regarding risk assessment are more detailed;
  
• With regards to the machinery listed in Annex IV (machinery considered dangerous), the manufacturer has 2 possibilities:
  • Scenario 1: the manufacturer designs the machine according to a harmonised standard covering all relevant requirements: no intervention by a Notified Body to assess conformity;
  • Scenario 2: the manufacturer does not apply harmonised standards, but applies them partially, or the standards applied do not cover all requirements.
    relevant: either an EC type examination, or a ‘full quality assurance’ procedure (Annex X).
    
• Lifts whose speed does not exceed 0.15 m/s are included in the scope; Handheld fixing devices with explosive charge and other impact machinery will fall under the scope of this order from 30/06/2011.