Safety Alert – Non-compliant Machinery Products

The Health and Safety Authority wishes to make purchasers and operators of machinery sourced from outside the EU, aware of general safety issues relating to machinery - commonly referred to as "Grey imports".

“Grey imports” – is a term used to describe machinery / products sourced from outside the EU which may not be in full compliance with the EU regulations and required safety standards.

The Health and Safety Authority has been made aware that these products may be available through various supply channels, such as auctions in the UK and Northern Ireland, as well as certain online retailers. Such products may not comply with the Machinery Directive 2006/42/EC and the Essential Health and Safety Requirements detailed in Annex I of the Directive. The Machinery Directive is transposed into Irish legislation in Machinery Regulations  SI  407 of 2008.

Legal Compliance:

All new machinery products placed on the market, or put into first use within the European Community must comply with the requirements of the Machinery Directive 2006/42/EC, be accompanied by an EC Declaration of Conformity, bear appropriate markings, and include relevant documentation.

Under the General Applications Regulations SI 299 of 2007, employers have a duty to ensure that any work equipment provided for use by employees at a place of work complies with the provisions of any relevant enactment implementing any relevant Directive of the European Communities relating to work equipment with respect to safety and health, i.e. compliance with the provisions of Machinery Regulations 2008, SI  407/2008, enacting the Machinery Directive 2006/42/EC.

Description:

Non-compliant machinery products, ‘Grey Imports’.

Risk:

Machinery that fails to meet the requirements of Directive 2006/42/EC may lack sufficient markings and documentation. Such products may not satisfy the essential health and safety requirements or standards. Therefore, even when used alongside other recommended safety measures, they may not adequately protect the operator (or personnel in the vicinity) when in use.

Action:

The Health and Safety Authority will continue to carry out inspections on importers, machinery suppliers and operators and take firm action should any non-compliant machinery be made available or is found to be in use this jurisdiction.

Purchasers / Importers:

Should ensure all machinery purchased:  

1. Bears the CE marking,
2. Is accompanied by the EC Declaration of Conformity drawn up and signed by the manufacturer or his authorised representative.
3. Is accompanied by instructions.

Further Information:

Further information on machinery requirements can be found on the HSA Machinery webpage.