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Reliance on the CE Mark: Work Equipment

Reliance on the CE Mark

The employer should assess the competence and reliability of the manufacturer and supplier to decide how many of the above means he needs to use in ensuring that an item with which he is supplied complies with relevant EU product directives.

The employer can be in breach of his duty if he relies solely on the manufacturer's or supplier's CE mark on an item of work equipment to show that it complies.

For the majority of work equipment, the CE mark at best shows that a model sample of the product complies with relevant EU product directives. Items purporting to conform to the model, and purporting to be subject to the same systems of control as were applied to the model, are allowed to carry the CE mark.

When dealing with competent and reliable manufacturers and suppliers the CE mark generally means that a model sample of the product complies with all relevant EU product directives. When dealing with cynical manufacturers and suppliers the CE mark can mean that no attempt has been made at compliance but that the mark has been affixed so that the product can be marketed. And between these extremes the CE mark can mean that a model sample of the product complies with one but not all relevant EU product directives.

The competence and reliability of the manufacturer and supplier are therefore critical indicators of whether the sample model complies with all relevant EU product directives and whether any particular item is likely to conform to the model.

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