In many cases, due to negligence or omission, companies do not strictly comply with the Machine safety regulations from its plants. For that reason, it is necessary to carry out a security control either internally or externally. by outsourcing these tasks. In this entry we will explain point by point the possible violations that can be committed if safety in the machinery used by workers is not carried out with some rigour.
If it were the case that machines could endanger workers who use them, Article 11 of the Machinery Directive 2006/42/EC , It states that:
“When a Member State ascertains that a machine covered by this Directive, equipped with the CE Marking, accompanied by the EC Declaration of Conformity and used in accordance with its intended use or under reasonably foreseeable conditions, may endanger the health and safety of persons and, where appropriate, of domestic animals or property, It will take all necessary measures to withdraw that machine from the market, prohibit its commercialization and/or its putting into service, or limit its free circulation..”
First warning
If the machine or the machine assembly possesses the CE Marking but they do not meet the applicable health and safety requirements; as a first step, the Member State (through the Ministry of Industry in the Spanish case) will contact the manufacturer or the person responsible for marketing the machine and will urge them to bring the product into compliance or to withdraw it from the market.
Corrective measures
In all cases where the manufacturer or the person responsible for marketing the machine takes corrective measures, the Member State concerned will inform the other Member States so that they can ensure that the necessary corrective measures are taken throughout the EU.
Safeguard procedure
In the event that measures are not taken to ensure its proper functioning without posing a risk, or if non-compliance may endanger the health and safety of persons or installations, the safeguard procedure provided for in Article 11 shall be followed.
National authorities will take measures that may include suspending or prohibiting the marketing of the machine and/or its placing into service, or imposing certain restrictions on marketing. Before adopting these measures, the parties concerned must be given the opportunity to present their views.
In the case of machines posing a serious risk that requires rapid intervention, Member States may also order the recall of machines that have already been placed on the market.
The measure adopted by the Member State must indicate the exact grounds on which it is based and must be notified as soon as possible to the interested party, who will at the same time be informed of the remedies available to them.
Responsibilities
To consult the scope of such responsibilities, we may resort to the Law 22/94, of July 6, which regulates civil liability for damages caused by defective products, and which adapts the provisions of the European Union directives to our legal system. Directive 1999/34/CE, of 10 May.
For any queries on matters of Industrial safety Or marked CE, feel free to contact us at comercial@grupotice.es to the phone number 961 55 40 72. We have a group of experts in industrial safety regulations who can advise you on anything you need.
