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Retailers Liability – UK
Health and Safety at Work Act 1974
This sets out the legal requirements for employers to ensure there is no present unnecessary risks of injury to staff, contractors or members of the general public.
At the core of the act is the legal definition ‘reasonably practicable’ which identifies the particular risk of situation versus the time, cost and expense of reducing that risk. The employer has duty of care to prevent injury however if the resources and cost of implementation are so disproportionate to the risk that it would be unreasonable then the employer is not obliged to mitigate the risk.
The Electricity at Work Regulations 1989
This sets out the legal requirements for employers to ensure the electrical safety of electrical equipment in the workplace to prevent death or injury.
The regulations require that all electrical systems, as so far are reasonably practicable, be safe and maintained to prevent danger. It specifies that anyone working on electrical systems where technical knowledge or experience is necessary to prevent danger must have the required knowledge and/or experience or be under suitable supervision (reg 16).
In any legal proceedings for an offence consisting of a contravention of regs it shall be up to the defence to prove that they took all reasonable steps and exercised all due diligence to avoid the commission of that offence.
Risks
Public Liability insurance requires policy holders comply with all relevant laws and recognised standards. Not complying with relevant laws may mitigate the policy holders claims to insurance or legal defence.
Manufacturers Liability – Europe
The European Union directives, known as the “New Approach Directives”, define “essential requirements” related to health, safety and environmental issues.
Electrical
Electrical items or equipment that contains electrics must have a CE Certificate and manufacturers of electrical equipment must provide a declaration of conformity in adherence of the following:
Low Voltage Directive: 2014/35/EU
Electromagnetic Compatibility (EMC) Directive 2014/35/EU
Waste Electrical and Electronic Equipment Directive (WEEE): 2012/19/EU
Restriction of Hazardous Substances Directive (RoHS 2): 2015/863/EU
Compliance with the directives is based on testing as set out by the manufacturer and may include:
BS EN 60598 Luminaires. General requirements and tests
BS EN 61347 Lamp control gear. General and safety requirements
BS EN 62031 LED modules for general lighting. Safety specifications
BS EN 60884 Plugs & socket-outlets for household and similar purposes.
BS EN 50525 Electric cables. Low voltage energy cables of rated voltages up to and including 450/750 V
BS EN 62493 Electro Magnetic Fields Safety – Lighting Equipment
BS EN 55015 EMC Emissions
BS EN 61000 Electromagnetic compatibility (EMC). Generic standards
BE EN 62233 Measurement methods for electromagnetic fields of household appliances
BS EN60950 Information Technology Equipment. Safety. General requirements
BS EN50581 Assessment of products with respect to RoHS
Who is responsible for providing a CE Certificate?
The CE Marking Consulting Service defines a manufacturer as is any natural or legal person who is responsible for designing and manufacturing a product with a view to placing it on the Community market “under his own name” (or trademark*). Therefore manufacturers selling electrics under their own name must provide a CE Certificate including electronics manufacturers selling equipment to display manufacturers.
Structure
While there is no European Union directive for furniture the general safety directive still applies:
General Product Safety Directive 2001/95/EU
Compliance with the directives is based on testing as set out by the manufacturer and may include:
BS EN 16121 Non-domestic storage furniture. Requirements for safety,
strength, durability and stability
BS EN 16122 Domestic and non-domestic storage furniture. Test methods for
the determination of strength, durability and stability
BS EN 16139 Test Level 2 Furniture. Strength, durability and safety. Requirements for non-domestic seating
BS 7176 Specification for resistance to ignition of upholstered furniture for
BS7376 Inclusion of glass in the construction of tables and trolleys for domestic use
BS7449 Specification for inclusion of glass in the construction of furniture, other than tables or trolleys, including cabinets, shelving systems and wall hung or free standing mirrors
Installation instructions
Manufacturers of new equipment must provide installation instructions in adherence of the following:
General Product Safety Directive 2001/95/EU
Compliance with the directive requires manufacturers to provide information, usually in the form of an Instruction Manual, to enable the safe use and or installation of products. The instructions should be in the users own language and information such as warnings should be in pictorial form. Any instructions essential to safety should be provided in printed form with the product.
Who’s responsible for providing installation instructions?
The manufacturer of the equipment must provide safety and installation instructions.
1. The display manufacturer must provide instructions for installation and use.
2. Component and subcomponent providers must provide instructions for installation and use.
To be awarded the dc certificate of conformity, the display, shopfitting, or signage unit must be designed and manufactured in accordance with this guide.
If the manufacturer cannot comply with the guidance, or wishes to deviate from the guidance, it may still be possible to gain certification. However, a dc Certificate can only be issued by a dc Inspector who has been appointed by Design Conformity Ltd.
Retailers certificates
Companies that require the dc mark may request that additional requirements are met that are specific to their needs. This may include standard components types or polarity or colour specifications.
Additional requirements will be made by the company during the brief and compliance of the requirements will need to be met in order to gain dc certification and use of the dc mark.
Summary
1. The dc guide outlines how specifiers, designers and manufactures can ensure risks are minimised and help meet legal obligations.
2. The guide also ensures products are environmentally sustainable and provides a framework for continuous improvement.
3. Use of the guide helps specifiers, designers and manufactures meet the requirements of the dc certificate which provides due diligence in the event of litigation.
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