Are you an exhibitor of new products
Brexit: Transition period
The UK has now left the EU. Your health and safety responsibilities have not changed in the transition period.
Non-compliant products (eg, where conformity assessment is incomplete, or without: CE marking, complete technical files, instructions or where all required safety measures have not been taken) cannot be placed on the market or put into service. However, in certain restricted circumstances they may be shown / demonstrated at trade fairs and exhibitions. In these cases you must:
- take adequate measures to ensure the safety of people at the event, and
- display a notice with the product stating that the product does not comply with the relevant regulations, and that it will not be made available until it does comply with those requirements.
What you should know and do?
Many European product supply Directives, including the Machinery and ATEX Directives, and the UK law implementing them such as regulation 3(2)(b) of the Supply of Machinery (Safety) Regulations 2008 permit in restricted circumstances the exhibiting of non compliant products. This is provided adequate measures have been taken to ensure that it does not harm any person at the event including those demonstrating the product. Also required is a suitable notice displayed with the product saying that the product will be brought into compliance prior to any supply. The notice must comply with the requirements of the relevant Directive and UK regulations.
Machinery which is not being operated will not usually present many hazards at exhibitions, although suitable safety measures should still be taken (eg to ensure stability, prevent falls from any access, contact with sharp edges, etc). Where the product is being demonstrated the requirements of PUWER, LOLER and other use legislation (eg Electricity at Work Regulations, COSHH, etc) must be met, for example: by guarding dangerous parts, checking any lifting equipment is safely installed, making safe and secure electrical connections, preventing harm from hazardous fumes, etc.
The necessary measures for safety and health during trade fairs, exhibitions and demonstrations should be determined by undertaking a suitable and sufficient risk assessment. This must take into account the exhibition / demonstration environment, including any health and safety rules which the host organisation may impose, and the people (including in some cases children) that will be present, who may be unfamiliar with the hazards presented by the equipment on display.