Covering your liabilities
May 1st 2010

With many customers expressing concerns over liability issues,Hörmann UK commercial director Alan jenkins offers some simplified guidance

There is some confusion in the industry over CE marking and the applicable EU directives when it comes to the installation of industrial doors. This has brought some concern to installers and end users who need to be aware of the correct procedures and how they are affected.

We have consulted with the Door and Hardware Federation who have been looking at the impact of legislation on the garage and industrial door industries. Here we will try to simplify the issues as a guide for installers and end users but wish to stress that each case should be checked thoroughly by the installer.

Broadly speaking there is a misconception that CE marking signifies that a product is fit for purpose. However CE marking was introduced to show compliance with essential health and safety requirements of the European single market legislation. So a product could meet this standard yet not be suitable for the client's needs. The applicable requirements are outlined in Product Directives from the EU which apply to governments and not individual companies.

The confusion comes from the interpretation of these directives by individual governments. As an example under the Construction Products Directive, which can apply to industrial doors, the German government make CE marking compulsory but the UK, Irish and Swedish governments have not.

Product Directives contain the "essential requirements" to which the product must conform, and /or performance levels as well as what are termed "Harmonised Standards." These harmonised standards are the technical specifications which have been established by several European Standards Agencies such as CEN and CENELEC.

For installers of industrial doors there are two main directives that apply, the Construction Products Directive (CPD) and the Machinery Directive. CPD is applicable to doors where the whole assembly is supplied ready to fit by a single manufacturer and as such can be CE marked at the factory.

The complications tend to arise with powered doors where the doors and operator have been sourced independently and are then assembled by the installer. Here the Machinery Directive applies. In this instance, although CE marking is compulsory, the manufacturer cannot certify the whole door; this must be done by the installer. Here the installer is deemed by the Health and Safety Executive to be the "supplier" of a door.

The installer and the manufacturer have their own responsibilities.

Manufacturer's responsibilities Ensure that the door satisfies the essential health and safety requirements of the Machinery Directive and is in fact safe.

Create a Technical Construction File in accordance with the Supply of Machinery (Safety) Regulations. (In practice, compliance with the CE marking requirements of the CPD will also ensure that the door assembly is capable of complying with the Machinery Directive and should be the minimum level of performance for individual risk assessments.) Carry out the necessary research or tests on components, fittings or the completed machine to determine whether the machine is capable of being erected and put into service safely.

Provide installers with a declaration of incorporation for each electrically operated product as well as comprehensive fitting, operating and maintenance instructions (a declaration of incorporation should be supplied if it is possible that the door will have an operator fitted).

Installer's responsibilities Install each electrically operated product as per the manufacturer's fitting instructions (including ensuring that the operator is compliant, if sourced from another manufacturer and suitable to work safely with that particular door).

Allocate each product a unique reference number and attach a CE label identifying the installing company and date of fit.

Provide end users with a declaration of conformity to the Machinery Directive and retain a second file copy for ten years.

Provide customers with o&m instructions.

The installer should not CE mark a manually operated door but the door can retain the manufacturer's CE mark under the CPD and the end user should still be issued with the manufacturer's operating and maintenance instructions.

For upgrading doors in situ (eg adding motorisation) reference should be made to BS EN 12635:2002 and specifically to Annex C of that standard. This details the documents which should be prepared and retained to ensure that the upgraded door is safe.

Compliance The correct paperwork is required to show compliance with the legislation. This can be a complicated area, however. The simple solution is for the installer to obtain all the components from a single source such as Hörmann who have already 'type-tested' operators and doors to ensure compliance with the highest applicable standards.

Industrial door installers and service companies -when fitting 'non-genuine' replacement parts or non 'type-tested' operators - are not fulfilling their obligation to their clients. In not doing so they could be exposing their clients to potentially expensive litigation in the event an accident or similar occurrence results in damage or harm to persons.

Installers also need to be aware that if they import components from suppliers outside the EU they (or the UK importer) are deemed to be the manufacturer.

More articles from Hormann UK Ltd: