Are you a designer or manufacturer of equipment for use at work

The UK has left the EU, and some rules and procedures have changed from 1 January 2021.

Find out more

Here you will find basic information about the roles and responsibilities of product designers, manufacturers, and those acting as their authorised representatives.

What you must do

If you design or make products, even for use in your own workplace, then they must meet minimum requirements for safety and health when first placed on the market or put into service. The responsibility for ensuring that all equipment for use at work is designed and constructed to be safe rests with the product manufacturer or their authorised representative (also known as the 'responsible person' in the context of machinery).

These requirements may also need to be met if you:

What you should know

There is a group of product regulations concerning the safety and absence of risks to health, and other issues of public interest protection (eg environmental matters), by design and construction of most new work equipment which apply at the point products are first placed on the market or put into service. These regulations primarily require work equipment to be designed, manufactured and supplied / put in service to such a standard - and with all the parts and information necessary - to enable health and safety in their use. Relevant standards may be used to support this process.

Manufacturers in general have the following responsibilities

Manufacturers must carry out sample testing on products which they have supplied, when this is appropriate in the light of the risks presented by a product to the health and safety of users. If necessary, they must also keep a register of complaints, non-conforming products and product recalls, and keep others in the supply chain informed about such monitoring. Manufacturers must ensure traceability of products by identifying to the authorities any other economic operator to whom he supplied it (for ten years from the supply date).

Where a manufacturer considers, or has reason to believe, that products which that manufacturer has placed on the market are not in conformity, it must immediately take the corrective measures necessary to bring the product into conformity; withdraw the product from the market, or recall the product.

Where the product presents a risk, the manufacturer must immediately inform the relevant market surveillance authorities of the risk, giving details of the respect in which the product is considered not to be in conformity, and any corrective measures taken. Following a request from an enforcing authority, manufacturers must provide the authority with all the information and documentation necessary to demonstrate that the product is in conformity, and cooperate with the relevant authorities to evaluate and eliminate risk posed by a product.

A manufacturer may, by written mandate, appoint a person as their authorised representative to perform specified tasks (within limits) on the manufacturer's behalf. Authorised Representatives must fulfil their obligations on behalf of the manufacturer (but manufacturers remain responsible for the product and the proper performance of any obligations the authorised representative performs on their behalf).

Resources

Updated: 2021-05-24