HSE SAFETY ALERT: REVISION OF STANDARDS FOR POWERED DOORS, GATES AND BARRIERS

The Health & Safety Executive have issued the following safety alert, aimed at architects/specifiers, designers, manufacturers, suppliers, and installers of powered doors, gates and barriers primarily for vehicular use, and those responsible for servicing and maintaining these products in workplaces, car parks and the common areas of shared premises, including residential:

KEY ISSUES

Publication of two newly revised European Standards on the safety of doors, gates and barriers – BS EN 12453:2017 and BS EN 12604:2017.

These new standards replace four older standards from 2000 and 2001; they represent a significant move forward. However, these standards do not completely address the risks that may be present and additional consideration should be given to the following aspects:

  • Undertaking a risk assessment covering the unique environment and type of user
  • The selection and implementation of appropriate design measures
  • Ensuring appropriate levels of force limitation (below the specified maximum)
  • Where the technology permits, ensuring that the safety function is monitored and checked before each movement; and
  • Ensuring effective measures are in place to detect any means of failure in the means of suspension for vertically moving doors. More detail is given below.

INTRODUCTION

  • British/European standards BS EN 12453:2017 concerning the safety requirements and tests for powered doors, gates and barriers primarily for vehicular use, and BS EN 12604:2017 concerning mechanical requirements and tests for the safety of both powered and non-powered versions of these products, have now been published. They are available for purchase online from BSI.
  • They replace and supersede in full the 2000/01 versions of these standards which dealt with the same products and issues; these two new standards cover what was previously dealt with in four standards (BS EN 12453, BS EN 12445, BS EN 12604 and BS EN 12605).
  • These new standards are a major step forward in helping to define the ‘state of the art’ for all products in scope, especially for the safety related parts of the control system on which these products depend for safety. They maintain the previous requirements for basic strength, stability and testing, including where force limitation is the primary means of delivering safety. The requirement on force limitation is not to exceed the existing force limits (basically 400 N for crushing and 1400 N for impact).
  • HSE’s view, however, is that there are aspects of the standards where they do not as yet fully meet the objectives of the Essential Health and Safety Requirements (EHSRs) of the European Machinery Directive 2006/42/EC. This means that compliance alone with the standards will not be enough to meet the requirements of the Supply of Machinery (Safety) Regulations 2008 (SMR08) for either new products placed on the market, or when first put into service (e.g. in situ manufacture, and powering existing gates).

BACKGROUND

  • Following two child fatalities which involved powered gates in 2010, HSE carried out a detailed examination of the suite of British/European standards then available to support the design and construction of powered doors, gates, barriers etc (see the related previous Safety Bulletins). HSE concluded that collectively the standards failed in a number of areas to adequately support the EHSRs of the Machinery Directive.
  • The Directive, which has been implemented into UK law for well over 20 years by SMR08, applies to all machinery, which includes powered doors, gates and barriers, when newly placed on the market, or when first put into service (eg when made in situ, or existing manual gates are ‘motorised’).
  • The UK launched its Formal Objectionto the standards in December 2010, as permitted by Article 10 of the Machinery Directive.
  • The European Commission considered the objection and agreed with the UK that the key standards did not entirely satisfy the EHSRs of the Machinery Directive. Its decision was confirmed and published by two Decisions which were made publicly available in 2015. Additionally, warnings were placed against the entries for EN 12635 and EN 13241-1 in the list of standards harmonised under the Machinery Directive in the official Journal of the European Union, in effect removing the ‘presumption of conformity’ that they previously gave.
  • Removing this presumption of conformity does not prevent manufacturers and installers of these products complying with the Directive/UK Regulations. Rather it means that manufacturers/installers who choose to use these standards can no longer simply rely on complying with the standards to meet all of the requirements of the Directive/UK Regulations.
  • Regulation 7(1) of SMR08 requires all machinery such as powered doors, gates and barriers to be safe. It is the duty of the person responsible for the design, construction and placing on the market/putting into service of the machinery to ensure this. Others then have the ongoing responsibility to keep the product safe through its lifetime of use, which includes ensuring non-employed persons are not endangered by the equipment (see below for link to FAQs).

ACTION REQUIRED

  • The new standards are not “harmonised”. This means that manufacturers (and installers, who often ‘put into service’ a new machine made in situ), must continue to show through a detailed technical file for each product how it has been designed and constructed to meet the safety objectives of the legislation. This must be undertaken before the CE marking is applied and the product is made available to the end user, together with comprehensive User/Maintenance Instructions, and a Declaration of Conformity, which must be made out in the name of the person responsible for the product’s conformity.
  • While these new revised standards can help define the ‘state of the art’ which must be reached, in all cases a thorough assessment of risk must be undertaken which fully considers the unique environment of use, the presence of and use by any vulnerable person, and all hazards arising from use, and foreseeable misuse, such as riding on the door or gate.
  • Design measures (to avoid risk, eg from hinge areas, collapse/falling over) and protective measures (guarding, fencing, safety edges, presence detection, etc) must be implemented during construction, taking into account the presence of any vulnerable populations such as children and those with reduced mobility or other disabilities, and any foreseeable misuse that may arise (such as playing on or near such equipment, or anyone rushing through gaps). You cannot rely on warnings alone to manage significant risks, although they may have their place in some circumstances.
  • Where force limitation is the primary means of safety, impact and crushing forces should be as low as possible (the standards give maximum levels), and verified by testing post installation.
  • Where the technology permits, the check of the safety function should take place before each movement. This is very important where vulnerable populations are at risk, as even one failure could result in serious or fatal injury from crush/entrapment.
  • Effective measures should be taken to detect any failure in the means of suspension of vertically moving doors, preferably stopping further use (unintended movement beyond 300 mm should be prevented), so that action can be taken before any catastrophic failure.
  • The existing harmonised standard BS EN 12978:2003+A1:2009 on safety devices for power operated doors and gates gives specific requirements to support the safe design of these products (Note: a revision of this standard is expected in 2019).
  • Although these standards are not intended for retrospective application, many existing powered doors, gates and barriers may not be as safe as they should be (some did not meet the previous standards or requirements for safety when originally supplied), so they can be used to support the re-assessment and any necessary upgrades to make existing products safer for continued use.
  • All readers are advised to consider the other available information and the existing Safety Bulletins published by HSE on these products (see below for links).

For more information, the safety alert can be viewed by clicking on the link: http://www.hse.gov.uk/safetybulletins/revision-standards-powered-doors.htm or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

HEALTH & SAFETY NEWS UPDATE – 28TH JULY 2016

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Provision and Use of Work Equipment Regulations 1998 (PUWER) – national steel firm fined £1.98 million for safety failings

A national steel firm has been fined £1.98 million after two workers suffered injuries to their hands in two separate incidents involving machinery.

Northampton Crown Court heard how a 26-year-old employee lost two thirds of his left hand and his middle and ring fingers whilst trying to clear a blockage on a steel tube manufacturing line which had unsuitable guarding, and in a separate incident, a 52-year-old team leader lost part of his little finger when his left hand was caught, again in an inadequately guarded machine, whilst he was receiving refresher training.

An investigation by the Health and Safety Executive (HSE) into the incidents which occurred in September 2014 and February 2015 found that there was a failure to appropriately guard and manage the risks arising from dangerous parts of these items of machinery.

HSE inspector Mark Austin said after the hearing: “Guarding of dangerous parts of machinery is a fundamental of ensuring workers safety, HSE will not hesitate to hold those accountable who do not fulfil their legal obligations, especially if that results in someone receiving life changing injuries.”

The HSE decision to prosecute is always made in line with the principles set out in the published Enforcement Policy Statement. The level of fine is a matter for the courts.

Provision and Use of Work Equipment Regulations 1998 (PUWER)

These Regulations, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.

PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of LOLER (http://www.hse.gov.uk/work-equipment-machinery/loler.htm), pressure equipment must meet the Pressure Systems Safety Regulations (http://www.hse.gov.uk/pressure-systems/index.htm) and personal protective equipment must meet the PPE Regulations (http://www.hse.gov.uk/pubns/indg174.pdf).

What is work equipment?

Work equipment is any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not). This includes equipment which employees provide for their own use at work. The scope of work equipment is therefore extremely wide. The use of work equipment is also very widely interpreted and ‘…means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning’.

What you must do

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (eg for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible – such as with the blade of a circular saw – it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of European Community law (for new machinery this means the Machinery Directive). You must check it:

  • is CE marked
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

When providing mobile work equipment, you must ensure that:

  • where employees are carried, the equipment is suitable for that purpose
  • the risks from rolling over are minimised, and any person being carried is protected in the event of fall or rollover. This should include protection against crushing, through the provision of a suitable restraint and a rollover protection system
  • self-propelled equipment can be controlled safely with braking devices, adequate driver vision and, where necessary, lighting
  • measures are taken to prevent any risks from drive shafts that power accessories attached to mobile work equipment, by using adequate guards

When providing power presses for working on cold metal, you must thoroughly examine them and their safeguards before first putting them into use, and periodically afterwards. This means you must ensure that the inspection and testing of guards and protection devices is carried out by a competent person at frequent intervals, and that records of these examinations, inspections and tests are kept.

What you should know

The Provision and Use of Work Equipment Regulations 1998 replaced the original PUWER regulations first introduced in 1992. The main change was in the coverage of mobile work equipment, woodworking equipment and power presses allowing the repeal of the 1965 Power Press Regulations and a number of other older regulations, including those on woodworking machinery.

The Provision and Use of Work Equipment Regulations 1998 link to external website, as amended by the Health and Safety (Miscellaneous Amendment) Regulations 2002 link to external website, are supported by an Approved Code of Practice (ACOP) and additional free guidance which are readily available from HSE. Other ACOPs that support PUWER are also available, covering woodworking machinery and power presses for working on cold metal. Where work equipment is also lifting equipment, there is another ACOP supporting LOLER and PUWER.

While the ACOPs are not law, they were made under section 16 of the Health and Safety at Work Act link to external website (HSW Act) and so have a special status, as outlined in the introduction to the PUWER ACOP:

‘Following the guidance is not compulsory and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice.’

These ACOPs support PUWER and the general provisions of section 2 of the HSW Act, as well as other regulations, including the Management of Health and Safety at Work Regulations and the Workplace (Health, Safety and Welfare) Regulations.

Other more specific legislation may also apply (for example LOLER, when lifting equipment is used at work). In some cases, equipment used at work is more appropriately covered by other, more specific legislation (eg the Personal Protective Equipment Regulations PDF and the Electricity at Work Regulations). You may therefore have to ensure that the requirements of other legislation are met alongside those of PUWER; for example, the Workplace (Health, Safety and Welfare) Regulations, in relation to the workplace risks to pedestrians arising from mobile work equipment.

HSE has developed Open learning guidance to assist those who wish to learn more about PUWER, or see also: Using work equipment safely (http://www.hse.gov.uk/pubns/indg229.htm).

Although PUWER has a wide application, there is a general exclusion covering the use of ship’s work equipment in most situations because there are other provisions for the safety of this equipment under merchant shipping legislation.

Most new work equipment that is machinery will also fall within the scope of the Machinery Directive, as implemented by the Supply of Machinery (Safety) Regulations. Machinery, and certain other work equipment within scope of the Directive, must undergo conformity assessment and be appropriately CE marked before being placed on the market or brought into use. This includes:

  • machinery which needs to be installed on / with other equipment or in a structure before it can be used
  • safety components placed independently on the market
  • lifting equipment / accessories
  • partly completed machinery (machinery which cannot itself perform a function) also comes within scope of the Machinery Directive

For more information, visit the HSE web pages: http://www.hse.gov.uk/work-equipment-machinery/puwer.htm and http://www.hse.gov.uk/work-equipment-machinery/ or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence