MACHINERY & MACHINE SAFETY H
owever, if substantial modifications are made, any existing Declarations of Conformity under the Machinery Directive or the new Machinery Regulation may become invalid.
The functionality or performance of
a machine will also be changed if it is interlinked with other equipment as part of an assembly. This is a common oversight machinery end-users make, as they do not realise that this creates a complex assembly that must be CE marked. While machinery modification remains
a grey area in the Machinery Directive, the new Machinery Regulation further clarifies what is meant by the term ‘substantial modification’, which is a much welcomed and needed addition to remove ambiguity. The UK government has announced that
CE marking for machinery will be extended indefinitely beyond 2024. This means that from 20 January 2027 CE marked products in the UK will also need to comply with the EU Regulations. At the point of writing this article, no announcement has been made if UK regulations will be updated to align UKCA requirements with the EU. However, the UK government has recently issued a call for evidence to inform its decision making on the subject. The Health & Safety Executive (HSE)
offers guidance to help machinery end- users identify if the modifications they have made will be considered ‘substantial’ by the regulatory authorities. It states that if changes “are very substantial (eg significant new hazards and risks are introduced or new methods of control of the machine replace those previously provided, such as computer control of a previous manual machine) it may amount to being considered a ‘new’ machine (or new assembly), for which you must undertake conformity assessment.” The HSE also outlines the different
situations involving modifications to machinery where the requirements of the Machinery Directive are likely to apply and action must be taken:
• Machinery is modified so much that it should be considered as ‘new’ machinery. An example is the fitting of a computer control to a manually operated machine as it substantially changes its original mode of operation.
• Machinery refurbishment with a different safety package. If a substantially different safety strategy is put in place. For example, the substitution of fixed fencing and interlocked doors with photoelectric or laser safety systems.
• An existing assembly of machines is modified. If it impacts substantially on the operation or safety of the whole assembly of machines. Individual machines in the assembly not affected by the changes will not need a reassessment.
THE PITFALLS OF MACHINERY MODIFICATION
By Darren Hugheston-Roberts, IEng MSOE MIPlantE, Senior Manager – Digital & Industry Solutions at TÜV SÜD
Many machinery end users upgrade existing equipment and its interlinked infrastructure as the budget is not available to invest in new systems
• Machinery modified before it is first put into service. For machinery that is sold to an importer or a distributor who then modifies the machinery before it is put into service for the first time. If that modification is substantial and is not foreseen or agreed by the manufacturer, the original manufacturer's conformity assessment and marking becomes invalid and has to be renewed. The modifier is then considered as the manufacturer and must fulfil the obligations of the Supply of Machinery (Safety) Regulations when it is placed on the market.
The HSE goes on to state that even if
changes to machinery are not substantial, such as refurbishment, the owner must still ensure that it continues to meet the requirements of the Provision and Use of Work Equipment Regulations (PUWER), as well as any other requirements which may also apply to the product, such as Electricity at Work Regulations, the Pressure Systems Safety Regulations, Dangerous Substances
26 NOVEMBER 2025 | FACTORY&HANDLINGSOLUTIONS
and Explosive Atmospheres Regulations etc. PUWER applies to all work equipment
regardless of its age, or of the machinery being CE or UKCA marked or not. This covers any machine, appliance, apparatus, tool or installation for use at work (whether exclusively or not). It describes what an employer needs to do to protect employees in the workplace and is applicable to all work equipment. The primary objective of PUWER is to ensure the provision of safe work equipment and its safe use. Machinery safety is equally as important
as productivity and is essential for the wellbeing of everyone involved. While it is a complex process, the guidance that is widely available means that there is no excuse for getting it wrong. A thorough and correct risk assessment should therefore be completed if substantial modifications are made, to ensure that machinery meets all requirements.
TÜV SÜD
www.tuvsud.com
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