Industrial Machinery Regulatory Round-Up: July 2024

This blog was originally posted on 17th July, 2024. Further regulatory developments may have occurred after publication. To keep up-to-date with the latest compliance news, sign up to our newsletter.

AUTHORED BY EMILIA ASSENZA, SENIOR TEAM LEADER AND REGULATORY COMPLIANCE SPECIALIST, COMPLIANCE & RISKS

Industrial Machinery Regulation

Industrial machinery regulation is showing no signs of slowing down. In this blog we discuss some of the most recent regulatory updates affecting the machinery world in Europe and beyond!

For a deep dive into industrial machinery regulation check out ‘Regulatory Trends in Industrial Machinery 2024: a 12-18 Month Outlook.’

Switzerland

Switzerland has recently published a revised list of harmonized standards relating to machinery. The List was revised on 6 June 2024 in order to incorporate harmonized standards referenced in the European Commission Implementing Decision (EU) 2023/1586 as last amended by Decision 2024/1329 on harmonized standards for machinery drafted in support of Directive 2006/42/EC.

EU

The EU Decision 2024/1329 was in fact published on 5 May 2024. Among other standards, 13849-1:2023 now gives presumption of conformity to the Machinery Directive. The previous version from 2015 will remain valid until 15 May 2027.

Sweden has issued draft Regulations to amend the Machinery Products Regulation No. AFS 2023:4. The key changes include updated definitions of ‘Fundamental health and safety requirements’ and ‘Distributor’.

Two new sections, Sections 18 and 19, are also added to the Regulation. Section 18 concerns the obligations of distributors, stipulating that they can only make machinery available if it is accompanied by an EC declaration of conformity in Swedish. Furthermore, the machinery must bear the appropriate markings as detailed in Annex 1 and be accompanied by user instructions in Swedish. Section 19 establishes a mutual recognition clause, providing that goods marketed in another Member State of the European Union or in Türkiye, or originating in and lawfully marketed in an EFTA State party to the EEA Agreement, are presumed to comply with the requirements of Section 18.

Kenya

Kenya has recently published a comprehensive bill on occupational health and safety which also covers some aspects of machinery safety. According to Section 50, designers, manufacturers, importers or suppliers of any article for use at work shall:

Ensure, that the article is so designed and constructed as to be safe and without any risk to health when properly used;
Carry out or arrange for the carrying out of such testing and examination as may be necessary to ensure that the article is safe and without any risk to health when properly used;
Take such steps as are necessary to ensure that there is available, in connection with the use of the article at work, adequate information about:
- the use for which it is designed and has been tested;
- any conditions necessary to ensure that when put to that use, it will be safe and without risks to health.

Designers or manufacturers of any article for use at work shall also carry out or arrange for the carrying out of any necessary research to identify, eliminate or minimize any risks to safety or health that the design or article may give rise to.

Part VIII of the draft covers machinery safety and contains provisions on the safe use of plant, machinery and equipment such as cranes, hoists, steam boilers and self-operating machines. It also includes considerations during their transmission, construction, maintenance, fencing, and safe disposal.

In particular, the importer, manufacturer, designer or supplier of machinery, plant, or equipment are required to avail information on:

The correct installation, use, maintenance and disposal of the machinery, plant or equipment; and
Any likely hazards and the means to prevent or control the hazards.

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