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AESIF News - Powered Gates: Responsibilities

Powered Gates: Responsibilities - 21 July 2015

HSE Tailored advice to indicate what you need to do to meet your legal responsibilities for the safety of powered gates.

Those designing and manufacturing powered gates, which may include installers (eg when assembling a powered gate from components), must comply with the Supply of Machinery (Safety) Regulations 2008. These Regulations apply regardless of whether the product is for use at work, or not.

Machinery must be safe by design and construction, and comply with the Machinery Directive (2006/42/EC), including CE marking. The Responsible Person (the manufacturer, the manufacturer’s authorised representative, or in some cases the installer or importer) must be able to demonstrate this through a technical file which must be compiled and kept available for the authorities to view on request. The product must be accompanied by a written Declaration of Conformity and comprehensive User Instructions. For the UK market these documents must be in English. Users should be given full information, including on how to safely switch the gate off, or into a safe mode such as hold-to-run, and where necessary, how to release a person if they become trapped by the gate.

These duties apply whether machinery is placed on the market for the first time (eg a complete powered gate), or is put into service for the first time (eg a powered gate made in situ). For example, they apply where ‘partly completed machinery’, such as many gate actuators, which are supplied with a Declaration of Incorporation, are incorporated with either new or existing gates to form a ‘new’ powered gate. The person undertaking the final assembly becomes the duty holder as the ‘Responsible Person’ and must undertake CE marking and issue the Declaration of Conformity.

Economic operators may also have obligations in relation to powered gates (and doors) under the European Construction Products Regulation (EC Regulation 305/2011) if the products they are placing on the market come within scope of the harmonised European product standard BS EN 13241-1. A Declaration of Performance regarding their suitability for incorporation into construction or building works must be drawn up and supplied, along with instructions on use, safety information and CE marking affixed. However, this may not be required for bespoke powered gates, or those constructed in situ. National Building Regulations may also apply to these products.

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