the law and the machine

    The law and the machine

An automated gate is a bespoke machine built on site.

The law requires all machines to be safe, including your gate.

Author  ;   Huw Jones

The law and the Machines

Members states of the European Comunity are responsible for enforcing the laws set by the European Assembly, known as directives. The Machines Directive was therefore law.

That is quite different to a European standard, which is a document that a producer can measure his work against. A client can request a machine be built to a standard. It could be a condition of an order that the machine should achieve a standard. It might then be considered a breach of contract if  the machine was proven not toreach that standard.

In the following article the title 'machine manufacturer'  has been replaced by 'installer', which is a better description for the assembler of parts to make the 'machine'. It is usually the case that the installer is also the machine designer

What is a UKCA / CE mark?

You will find a CE mark on every product imported or manufactured in UK prior to Brexit. After a transition period, the CE mark has been replaced by the UKCA mark, our version. All the old

European standards beginning EN have been changed to BS EN, but their contents have remained unchanged.

The CE or UKCA marks are fixed to products along with a product code and manufacturer's name. The product manual includes a signed 'certificate of conformity' that lists the standards and directives it complies with.

In products where third party certification is required, the certifying body will publish a CE certificate. Certifying bodies need to approved by the EU.

Of course, any manufacturer can fix the CE or UKCA mark. It is the engineering file or manual that makes the promise of scrutiny, so the mark must refer to a unique set of documents that must be made available on demand.

The CE mark is also a registered trade mark which is illegal to attach without authority.

The completed installation must have a CE or UKCA mark. All parts of the system need a mark. 

What is a machine?

Automated gates needed to be classified in a way that allowed scrutiny becuase they had been proven to be dangerous to the public.

The UKCA mark (formerly CE mark) is the public's assurance that a product has been through a path of scrutiny and some related standards.

Remarkably, bespoke automated machines built and operated in a residential area are self certified by the person or company that designer/ builder.

The assurance comes in the guidance and self protection of many persons who share some responsibility in the event of an accident.  

Safety legislators have gone down the route of self regulation, despite the proven dangers. To their credit, the wild west of automation 20 years ago has become self aware and more risk averse.

Who is responsible?

The installer is responsible for ensuring the gate installation (machine) on handover is compliant with directives, and safe when operated according to its instructions and limitations. The installer must fix a CE mark to the system with a unique reference that is also recorded on the documentation. A CE mark indicates that the machine has been certified. Remarkably, unlike other product certifications, this CE marking does not require a third party certification.

In the machine's doumentation, the installer must accurately and honestly declare the risks, and the safety measures he has taken to mitigate risk. The documentation wil include inspection & maintenance recommendations so that the owner can ensure the machine is operated safety, and the puplic are kept safe from risk.

The documentation will include a description of the machine. If a design change was made to the machine that impacted on safety, the person who ammended the design would become responsible.  Documentation becomes self protection for the installer.

The designer as an expert is responsible for a safe compliant design. The designer signs off the work as having been constructed to his design. 

The client may wish to take out a regular maintenance contract with the original installer. If the client chooses a different maintenance company, they will still need to follow the installer's schedule, as that schedule is deemed the designers manual ensuring continued compliance.

The ultimate legal responsibility is on the owner or manager, but in the event of a claim, their defense is that they are not experts, and followed the manual.

A maintenance company must leave a system in a safe condition following maintenance, or they face criminal prosecution. In their defense, they need to show they followed the inspection & maintenace schedule, and made no design changes.

A part changed like for like is not a design change. The schedule should detail regular checks, and re-calibration and/or re-testing where required. The schedule should make clear which parts, if replaced, require the system to be recalibrated or re-tested.

Equipment manufacturers only make components for the machine. They are responsible for accurate description, and instructions for safe application of their components.

The application of a component outside a manufacturer's recommendation becomes the responsibility of the machine designer. Equipment manufacturer can only be responsible for the design and manufacture of his part.  

What standards are relevant to gates?

A standard is a document that a producer can measure his work against. Most standards have product safety or excellence at their root. It is in everybody's interest to build to a standard, except maybe the manufacturer. 

A client can request a machine be built to a standard. It could be a condition of an order that the machine should achieve a standard. It might then be considered a breach of contract if the machine was proven not to achieve that standard. A standard is not a mandatory requirement. 

Standards relevant to automated gates are;

• EN 12604:2000, 2017 & 2017+A1:2020 – manual systems
• EN 12453:2001, 2017 & 2017+A1 – powered systems
• EN 13241:2003+A2:2016 – product standard for Construction Products Regulations 2013

Individual parts to the installation will have their own CE mark that refers to a list of directives and standards. Two directives mandatory for operation in the UK are RED (Radio Equipment Directive) for radio devices, and EMC directive for most connected parts. This only concerns the installer who must be sure are parts are legitimately CE marked.

Since leaving the European Comunity, the EN prefix (European Norm) is replaced by BS EN as Britsh Standards have adopted the EN standards without change.                   

Conclusions

• All concerned should share responsibiliy for the safety. Work collaboratively as a team to ensure the end result is safe.
• As a specifier, name the standards, and make them a condition of the contract
• As a purchaser, be sure to get full documentation with a risk statement.
• Read the copious advice online. Read case histories. Understand the risks. Building a safe machine is not difficult.
• Installers, demand high standards from your supplier. They are there to help.
• Be sure your quotation warns that extra safety measures may be required (and paid for). Every gate is a proto-type.
• If your customer insists on design constraints that you consider unsafe, you must not commission the gate. Who so switches it on after an unsafe notice is responsible.