MODIFICATION OF CE MARKED MACHINERY

MODIFICATION OF CE MARKED MACHINERY

On responsibilities in case of modifications to a CE marked machinery

'The employer is the sole accountable in case of accidents on the workplace involving operators working on a CE marked machinery if the risk occurred as a consequence of modifications to its original manufacturing features'

Italian Supreme Court - Sentence n. 1226 dated 18 01 2011

The employer guarantees the safety of the machinery made available to a worker and is under legal obligation to assess and eliminate any risks which may occur during operation even if the machinery itself is CE marked and has a CE conformity statement. This is what can be derived from the above mentioned sentence which in effect confirms an already well-established principle in law. In this specific case, the Supreme Court supplied an interesting overview of all the main precedents in this matter which further supported strengthened its decisions. Moreover, in this specific case, in confirming the previous sentences on the case in Court, and Appeal Court, for an accident occurred on a CE marked machine made available to a worker and on which a modification was carried out, the Court highlighted the obligations to which the employer is subjected as a consequence of the modification itself ,which was an alteration to the original manufacturing features, because a guard which had been fitted to protect from a mechanical risk and had been anticipated and catered for in the machinery design phase had been substituted with another guard with different characteristics relatively to dimensions. Such a modification was sufficient to introduce an extra risk to the machine, which did not exist previously it its original layout. The new risk should have been assessed and evaluated by the employer in order to define new safety measures to protect the worker.

Access designs machinery guards conformant with the EN 953/2009 and EN 13857 regulations particularly in regards to size and safety distance of the guards from the potentially dangerous devices. Download our commented regulation extracts or apply for a free assessment of the safety status of your machinery.
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