Discover the difference between CE Marking on machinery and compliance with RD 1215/97
It is commonly held that the adequacy of RD 1215/97, It is necessary for those machines that lack CE Marking and it is not unusual to hear this statement from prevention technicians, public bodies or machinery manufacturers.
But if we analyse official documents, such as the “Inspection Protocol on the Assessment of Work Equipment”The text reads: “Have work equipment not subject to CE marking been considered in the workplace risk assessment carried out in the company, to check their compliance with Royal Decree 1215/97 (...)?” assuming that equipment with CE marking does not require such an assessment.".
However, observing what is established in the Technical Guide Notwithstanding, the fact that a machine is provided with CE Marking, accompanied by the EC Declaration of Conformity and the instruction manual, although they are formal requirements exigible by the Machinery Directive, does not always constitute an absolute guarantee that it is fully compliant with the applicable essential health and safety requirements of said provision (...).
Recently the Navarre Institute of Public Health and Labour, has published a comprehensive guide titled “Safety Conditions for Machinery”, where it once again makes it clear that all work equipment, including those with CE marking, must comply with RD 1215/97.
It seems clear, analysing the foregoing, that any work equipment (understood as any machine, apparatus, instrument or installation used at work), requires at least a check of compliance with RD 1215/97 regardless of its manufacturing date.
This fact implies that the number of work teams for which the employer must carry out the “documented inspection by competent personnel” as defined in Article 4 of RD 1215/97 increases considerably.
These inspection or compliance reports, which are usually carried out by authorised control bodies, specialised companies or prevention services, such as Grupo TICE, which could well be included within the general risk assessment procedure that provides for Law 31/1995 on the Prevention of Occupational Risks.
We usually take for granted that a team with CE Marking, will comply with the requirements of RD 1215/97. In an increasingly globalised market, it is increasingly common to observe that this is not always the case. It should not be forgotten that the CE Marking process, for most machines, involves a process of “self-assessment” by the manufacturer, without external control by the Administration or independent third-party bodies. At Grupo TICE, we have been helping companies obtain CE Marking for their machinery in accordance with the various European Directives for over 15 years.
For this reason, we provide the manufacturer with the instructions, due diligence, management, components, and whatever else is needed for the adaptation of the machinery to obtain CE marking.
With these simple recommendations, we can avoid future problems:
- Involve a member of the company's prevention service in the decision-making process for purchasing machinery. This is particularly relevant for complex industrial or custom-built machinery.
- Seek advice from companies specialising in industrial safety and machine design.
- Ensure that the machine has CE Marking, a declaration of conformity and instructions for use in Spanish (if manufactured after 01/01/1995). This documentation should be reviewed before purchasing the machine, to avoid problems of non-compliance, errors, or incomplete information with regard to the requirements of Directive 2006/42 or Royal Decree 1644/2008.
- Obtain all possible specifications for the machine and, if you believe additional safety systems are necessary, request them from the manufacturer or their authorised representative before signing the purchase contract.
- Do not pay the full amount for the machine until it has been commissioned and verified by competent personnel that it meets all the requirements of RD 1215/97.
