ALLMI / HSE update on EN12999 @ Dec 09

Important ALLMI / HSE update on the delayed implementation of EN12999 A3

Dear Colleague

This mail is addressed to all Importers, Installers, Repairers & Operators of Lorry Loaders within the ALLMI membership and is intended to make you aware of the consequences of a delay to the implementation of the revised Loader Crane Standard EN12999:2009.

As you may be aware, the Italian body UNI has lodged an appeal with CEN/CENELEC against the ratification of the latest revision of EN12999. A copy of their appeal letter is attached for your reference.

A meeting of the CEN working group is to be held on February 11, 2010 in Germany to discuss these objections. They will be resolved either by them being rejected or the standard will be changed accordingly. Clearly, we are not in a position to second-guess the outcome of the meeting; but suffice to say, the introduction/harmonisation of the latest revision of EN12999 will face delays as a result.

You may recall that previous guidance issued by ALLMI stated that the original entry date onto the Official Journal for this standard was set for late December, to ensure that the latest revision of EN12999 met the requirements of the new Machinery Directive, which subsequently comes into force on 29 December 2009. This will mean that we enter something of a hiatus period in as much as the existing A2 version of the EN12999 will not meet the Essential Health & Safety Requirements (EHSR’s) of the new Machinery Directive. Until such time that the new revised standard is available manufacturers/importers will have to declare conformity directly against the EHSRs of the Machinery Directive.

One area in which it is relatively easy to provide an example of this is with the requirement for the rated capacity limiting system to monitor the position of the stabilisers (Stabiliser Interlocks) . The new Machinery Directive requires Manufacturers to risk assess their products for a number of things, one of which under EHSR 1.1.2.a. includes “Reasonably Foreseeable Misuse” . Official guidance to the directive even quotes “Such behaviour can result in a range of misuse situations, such as, for example, using a crane or a MEWP without deploying the stabilisers;.....”.

It is ALLMI’s wish to avoid the spread of any panic and confusion. However, we feel obliged to inform all Importers, Installers & Operators that the delayed introduction of the revised standard does not negate the need to comply with the revised EHSR’s of the new Machinery Directive; and that anyone supplying (or buying) a 2010 badged product needs to ensure this is done.

The possible consequences in the UK for anyone not ensuring compliance could be severe should the HSE become involved. Should they visit an Operator who has just taken delivery of a 2010 machine and subsequently find it doesn’t comply, their powers would be such that they could prohibit the use of the machine and prohibit the importer from selling any more which don’t comply. Furthermore, the supplier of the machine could face prosecution.

Additionally, manufacturers need to be made aware that the HSE would also be legally obliged to enter details of any action onto a European Database known as the ICMS system. This would flag the issue with all enforcement bodies in other member states which could result in that particular model/brand being prohibited from sale across Europe.

The HSE have undertaken to write to ALLMI to outline the legal position in early January. In the meantime, your questions and comments are welcome.

Best regards

Alan Johnson
Technical Director
The Association of Lorry Loader
Manufacturers & Importers (ALLMI)

HSE letter to ALLMI outlining legal position @ 4th Jan 2010

Dear Alan

SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008

Further to our recent conversation relating to the delay in publication of EN12999:2009 Cranes – Loader Cranes I would like to confirm the HSE position with regard to compliance with the Machinery Directive.

The latest version of the Machinery Directive as enacted in the UK by the Supply of Machinery (Safety) Regulations 2008 came into force on the 29 December 2009.

As with previous versions the Directive requires Manufacturers / Importers of machinery such as Loader Cranes to either declare that their equipment complies with a transposed Harmonised European Standard or that it directly satisfies the Essential Health and Safety Requirements (EHSR’s) of the Machinery Directive.

A consequence of the delay to publish EN12999:2009 is that manufacturers / importers will no longer be able to declare against a harmonised standard and will have to directly satisfy the EHSR’s of the new Directive.

The existing European Standard EN12999:2002A2 does not provide presumption of conformity to the new Directive.

The new Directive has introduced a requirement under EHSR 1.2.a. for consideration of foreseeable misuse of the equipment. In official guidance to the new Directive an example provided of foreseeable misuse is the failure to deploy stabilisers on a crane or Mobile Elevated Work Platform.

If you recall EN12999:2009 addressed foreseeable misuse with a requirement that the position of the stabilisers is monitored by the rated capacity system.

In summary from 29 December 2009 manufacturers / importers will have to declare directly against the EHSR’s of the new Directive. In preparing their declaration they must take account of foreseeable misuse of the stabilisers.

Under the Health and Safety at Work etc Act 1974 the HSE has powers to take enforcement action with both suppliers and users of work equipment such as Loader Cranes where they have not complied with Health and Safety Legislation. I would ask you to bring the matters contained in this letter to the attention of your members.

Yours sincerely

Ian Simpson
HM Principal Specialist Inspector of Health and Safety
Mechanical Engineering Specialist Group – North

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