Health and Safety Executive Health and Safety Executive SAFE BY DESIGN, SAFE TO USE – HSE’S ROLE IN PRODUCT SAFETY Pete Lennon Safety Unit Engagement & Policy Directorate 9 June 2016 SBTAF Meeting

Product Safety The design, manufacture and supply of goods which are safe. Supply in Euro Speak is “placing on the market for the first time” Products can be consumer or industrial goods. HSE deals mainly with industrial products or products for use at work (except PPE)

Product Safety - EU/EEA The free movement of goods lies at the heart of achieving an open market for business in Europe In the past, differing national safety standards seen as a barrier Products are CE marked and can be supplied throughout the European Community “Market Surveillance” – how Member States ensure compliant products are supplied (we call it product safety) EU wide database (ICSMS and RAPEX)

UK Market Surveillance System Policy lead mostly at Departmental level e.g. BIS, DfT, DCLG, DoH etc Authorities enforce e.g. HSE/HSENI, TSS, ORR, NMRO, DVSA, MHRA, VCA, OFCOM etc Shared enforcement role e.g. HSE and TSS HSE leads on products “used at work” TSS lead on consumer products not “used at work” Also product may come under several EU Directives Several MSAs could have an interest…complex! HSE is National Administrator for ICSMS

Vehicle Certification Agency New Approach / New Legislative Framework [co-ordinated by BIS] BIS Defra DfT NMRO Border Force HSE Trading Standards NMRO OFCOM & Trading Standards DVSA MHRA NMRO VMD ORR HO / HMT NMRO & EA HSE CLG HSE Trading Standards NMRO & EA NMRO EA, HSE, Trading Standards NMRO 1 except taxi meters and exhaust gas analysers which are the responsibility of the Dept for Transport. HMRC [Border controls] Construction Products Regulation Civil Explosives Directive NAWI Directive 1 Measuring Instrument s Directive NMRO & Trading Standards HSE Railway Interoperabili ty Directive Tyre Labelling Regulation Product safety for vehicles (inc. GPSD) Cableways Directive Medical Devices Directive IVD Medical Devices Directive Veterinary Medicines Directive Timber Regulation Energy Using Products Directive Defra & BIS REACH Batterie s Directiv e WEEE Directive Outdoor Noise Directive End of Life Vehicles Directive RoHS Directive Radio Equipment Directive EMC Directive Low Voltage Directive Trading Standard s & HSE Toy Safety Directive Cosmetics Regulation Pyrotechnics Directive Aerosol Dispensers Directive General Product Safety Directive Recreational Craft Directive Machinery Directive ATEX Directive Pressure Equipment Directive Simple Pressure Vessels Directive Lifts Directive PPE Directive Gas Appliances Directive (Source: BIS 2015)

HSE’s Product Safety System  Safety Unit  Product Safety “teams”:  FOD – Regional  Construction – National  HID Explosives, Mining Inspectors (National)  CRD (for REACH) (National) 6

Product Safety – advice/guidance Web pages, leaflets Safety Alerts/Bulletins

Product Safety – proactive work Lifts Installations (with Construction Division) ‘Buy, Test, Report’ (compressors, lifting slings, face masks, instructions [turbines]) – via HSL Joint EU wide actions (chainsaws, vehicle hoists) Involved in standards work

Product Safety – reactive work Investigations/Complaints –PSTs (user instructions, false CE marks, technical documentation, second hand machinery/imports, powered gates and doors) Support to Trading Standards, EHOs –PPE, ladders, cosmetic/beauty treatment equipment (e.g. tattooing machines, liposuction)

Product Safety Targeted work by PSTs Action is proportionate to risks Investigations based on intelligence from colleagues in HSE/UK

Product Safety

Product Safety – future Work based on intelligence plus proactive work and research (e.g. café boilers, wind turbine instructions etc) – Recast EU Directives with new UK/GB law due in Spring 2016 – e.g. lifts, pressure equipment, explosives for civil use Additional powers to recall or withdraw non-compliant products from the market – for use “in extremis”

Finally Reason for Market Surveillance (Product Safety) –Part of our role in delivering regulatory excellence –To protect workers and members of the public –Extend this protection across the EU by informing other authorities of our actions –Get it right first time: safe by design, safe to use

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