The verification of machinery in service is one of the requirements of Legislative Decree 81/08 on the protection of health and safety in the workplace.
The Legislative Decree 81/2008 in fact requires that the CEO:
- make available to workers machines that comply with the legislative and regulatory provisions transposing the Community product directives, with particular reference to the machinery directive; in this regard, recent case law tends to hold the employer liable even when a machine bearing the CE marking does not comply with safety requirements because of 'obvious' defects, i.e. 'evident and immediately perceptible';
- update the preventive measures in relation to changes that are relevant to workplace health and safety or in relation to the degree of evolution of prevention and protection technology; it is therefore essential for the employer to keep the protective measures for machinery, including protective devices, up to date with the state of the art in this field;
- provides workers with procedures for the safe use of work equipment and machinery (management of residual risks, adoption of preventive measures, etc.) and provides adequate education, information and training on activities involving the use of machinery and work equipment;
- when selecting work equipment, the employer shall carry out a risk assessment that takes into account:
- the specific conditions and characteristics of the work to be performed;
- the risks present in the workplace;
- the risks deriving from the use of the equipment itself;
- the risks deriving from interference with other equipment already in use.
Risk assessment of a machine: how does it work?
One of the main objectives of the technical analysis and risk assessment of a machine is the identification of any necessary adjustments.
Once the machinery has been found to comply with the applicable legislative provisions, the corresponding machine risk assessment document (adequately updated if necessary) can become part of the company's risk assessment document provided for in Articles 17 and 28 of Legislative Decree 81/2008.
This risk assessment will concern the activities carried out by personnel for the use and maintenance of the machine.
Adaptation of non CE marked machinery
The approach of the European Union is to keep the treatment of new machines clearly distinct from that of used machines:
- new machines are regulated by product directives, in this case by the machinery directive ;
- used machines are subject to the application of social directives (for example directive 2009/104 / EC).
The so-called "social directives" establish the safety, health and hygiene requirements in the workplace that all Member States must comply with; their aim is to guarantee a minimum homogeneous level of protection and guarantee for all European workers. In Italy, the main legislative provision implementing the social directives is Legislative Decree 81/2008 .
The procedure for the CE marking of a used machine must be implemented only when necessary, that is when the interventions carried out on a machine are substantial and, above all, introduce new dangers and / or increase the level of existing risks.
The above interpretation is confirmed by paragraph 5 of article 71 of Legislative Decree 81/2008:
The modifications made to the machines as defined in article 1, paragraph 2, of the decree of the President of the Republic 24 July 1996, n. 459, to improve the safety conditions in relation to the provisions of paragraph 1, or paragraph 4, letter a), point 3 do not constitute placing on the market pursuant to article 1, paragraph 3, second sentence, as long as they do not entail any change in the use and performance foreseen by the manufacturer.
Annex V of Legislative Decree 81/2008
Annex V of Legislative Decree 81/2008 "Safety requirements for work equipment constructed in the absence of laws and regulations transposing Community product directives, or made available to workers before the date of their issue."Defines the minimum technical requirements applicable to work equipment in service, not subject to the application of product directives.
These requirements are applicable to machinery placed in service before the Machinery Directive became applicable, but are not applicable to machinery placed on the market or put into service under the Machinery Directive.
How can we help you to ensure the safety of the machines you use?
To support companies in fulfilling the obligations relating to the safety of the machines in use, Quadra offers a verification service that includes:
- census of the machines in the company to determine if they are before or after the Machinery Directive, to determine their type, if they are accompanied by the necessary documentation and if they have undergone changes such as to require a new CE marking
- analysis of machines and work equipment to verify compliance with applicable laws and regulations on safety and identify any non-conformities;
- definition of the necessary adjustments to make the machines and work equipment compliant with the applicable provisions (guards, safety devices, etc.);
- drafting of a report certifying the compliance of the machines with the applicable safety provisions, with particular reference to the requirements of Annex V of Legislative Decree 81/2008 (for machines not CE marked);
- drafting of the risk assessment document related to the use of machinery and equipment, which represents an indispensable supplement to the company's risk assessment provided for in Articles 17 and 28 of Legislative Decree 81/2008;
- assessment of the specific risks associated with the use of machines and equipment, such as noise, vibrations, electromagnetic fields, optical radiation, ergonomics, manual handling of loads, repetitive movements and biomechanical overload;
- drafting of safety procedures to operate on machines and work equipment pursuant to art. 33 of Legislative Decree 81/2008;
- training of workers on the safe use of machines and work equipment, as required by art. 37 and 73 of Legislative Decree 81/2008;
- assistance for CE marking , for example self-built or modified machines .