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MACHINE SAFETY OutdOOr use


There are also separate regulations for equipment for use outdoors - the Noise Emission in the Environment by Equipment for Use Outdoors Regulations 2001. The purpose of the legislation is to ensure that only equipment that does not exceed permissible sound power levels is placed on the market or put into service by requiring “responsible persons” (the manufacturer or their authorised representative) to ensure the equipment conforms with the relevant requirements. The guaranteed sound power level must be


marked on the equipment. The responsible person must also ensure that the machinery has been UKCA marked and has the indication of guaranteed sound power level. The equipment must also be accompanied by a declaration of conformity. Qualifying Northern Ireland products can be placed on the GB market with the CE and CE UKNI conformity markings. A full list of equipment to which the 2001


Regulations apply can be found in its Annex A. This covers equipment subject to noise limits, such as compaction machines and loaders, as well as equipment subject to noise marking, such as conveyor belts, high pressure flushers, and power generators (> 400 kW). For equipment that is subject to noise marking,


the manufacturer or their authorised representative, must subject the equipment to an ‘internal control of production procedure’ which is referred to in Annex D, and for which an approved body must be involved. UK approved bodies can assess equipment for


the GB market against GB requirements, which are currently the same as EU requirements. UK approved bodies must be established in the UK and be independent of the manufacturer. Before they can issue a certificate of conformity, an approved body must examine a product’s technical documentation and supporting evidence to assess the adequacy of the technical design. If they find that the equipment does not conform, they will require the manufacturer to take corrective measures. Any CE certification assessments carried out by


non-UK approved bodies before 1 January 2023 can be used to declare existing products as compliant with UKCA. Products must still bear UKCA marking and a UK Approved Body conformity assessment will be required when the certificate expires or after 31 December 2027, whichever is sooner. The 2001 Regulations do not apply to the following equipment:


Non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers.


All equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways.


Equipment specially designed and constructed for military and police purposes and for emergency services.


Any equipment that is subject to noise limits


must be subject to noise emission limits tests before placing it on the market or putting into service. it. This means that the manufacturer, or their authorised representative, must subject equipment to one of the following conformity assessment procedures:


The internal control of production with assessment of technical documentation and periodical checking procedure referred to in Annex E of this guidance.


The unit verification procedure referred to in Annex F.


The full quality assurance procedure referred to in Annex G.


For any of these three assessments, the


regulations require the involvement of UK based conformity assessment bodies. If you have already placed a fully


manufactured product on the EEA or the UK market before 1 January 2021, you do not need to do anything new. Anyone found not to be complying with the Regulations may be liable to a penalty, which include a fine or a prison sentence of up to three months (or both) for the most serious offences.


COrreCt infOrmatiOn


HSE advises that machinery owners check with their manufacturer and/or supplier to ensure that the noise information they have made available is a reliable guide for the intended use of the equipment. A manufacturer should therefore state emission sound pressure levels that are representative of the noisiest operation in typical use of a machine. This means that they may provide noise emissions for more than one operating condition for some classes of machine. Even though BS EN ISO 12001 states


that noise emission data should represent the noisiest operation in typical use of the machine under test, it is worth noting that data may not always be supplied for the noisiest operation. If the purchaser has a specific use in mind for the machine, they can also ask the manufacturer to provide relevant noise data, but this is not a legal requirement. Noise emission data from the manufacturer


should include a noise test code reference or, if a designated standard has not been used, describe the measurement method and the operating conditions of the machinery during their stated noise measurements. Ultimately, the manufacturers’ noise emission data in the instruction manual should enable the purchaser to compare similar machines and identify the most suitable machine when buying or hiring new machinery.


TÜV SÜD www.tuvsud.com/uk


InDuSTrIal ComplIanCe | oCToBer/noVemBer 2022 15


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