OATA Best Practice Guide 3: Product Safety for Electrical ...

1 A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. OATA Best Practice Guide 3: Product Safety for Electrical Goods The following UK regulations will apply (depending on the Product ) to all members who retail, wholesale or import Electrical products. Electrical Equipment ( Safety ) Regulations 2016 ( ) Electromagnetic Compatibility Regulations 2016 ( ) Supply of Machinery ( Safety ) Regulations 2008 ( ) Whilst the obligations and responsibilities of each party vary, the regulations require that all products supplied are safe , constructed in accordance with principles constituting good engineering Practice and conform to specific regulatory Safety objectives some of which are outlined ahead. Whilst the legislation requires importing businesses to keep records for 10 years we would advise all members to keep records relating to Electrical products they sell. The following guidance is designed to keep your customers safe by ensuring only compliant products are sold.

2 Should you receive an enforcement challenge then following this guidance will allow you to demonstrate a legal defence that you have taken all reasonable precautions and shown all due diligence . Steps to Compliance The level of precautions or diligence you need to show will depend on where your business sits on the distribution ladder . O R N A M E N T A L A Q U A T I C T R A D E A S S O C I A T I O N L T D The voice of the ornamental fish industry Wessex House, 40 Station Road, Westbury, Wiltshire, BA13 3JN, UK Telephone: 01373 301353 Fax: 01373 301236 A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. Importing from Outside the EU 1. You must ensure all products comply with the Safety objectives as detailed in the Electrical Equipment ( Safety ) Regulations 2016, and the manufacturer has complied with their obligations. 2. You must have all necessary documentation to be able to demonstrate the Product is safe and complies with all the required standards.

3 3. We would recommend additional testing is carried out to ensure the Product meets all the applicable standards claimed by your supplier/manufacturer. This could range from a screen test to a full test against the standard. A UKAS accredited test house should generally be chosen for this work. 4. We would advise against simply relying on verbal assurances from suppliers or agents. 5. When determining whether products are suitable to sell, ensure staff are competent and fully trained on what checks to make on imported Electrical products and the required documentation. Also please ensure staff know what to do if inconsistencies are found. 6. Have written procedures for the checks and documentation required and who is responsible. 7. Keep records of any checks, tests, invoices etc. 8. Be aware of any legislative changes that might affect the products you import. 9. Have agreed plans and procedures in place so you can take action such as a Product recall in the event of a serious Safety problem with one of the products you import.

4 Review these annually to ensure they are still robust. 10. Request staff to read OATA guidance advice and then sign/date your training records to say they have understood the guidance. Importing from inside the EU 1. The onus on ensuring products comply with the Safety objectives as detailed in the Electrical Equipment ( Safety ) Regulations 2016 and that the manufacturer has complied with their obligations is with your supplier in Europe. However you must still ensure the Product is correctly labelled (CE marked etc.) and be able to obtain the necessary compliance documentation if requested by a regulator. A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. 2. We would recommend obtaining documentation for at least one Product and assurances that your supplier has access to compliance documentation for all the products they supply. 3. We would advise against relying on verbal assurances from suppliers or agents. 4. When determining whether products are suitable to sell, ensure staff are competent and fully trained on what checks to make on imported Electrical products and the required documentation.

5 Also please staff know what to do if inconsistencies are found. 5. Have written procedures for the checks and documentation required and who is responsible. 6. Keep records of any checks, tests, invoices etc. 7. Be aware of any legislative changes that might affect the products you import. 8. Have agreed plans and procedures in place so you can take action such as a Product recall in the event of a serious Safety problem with one of the products you import. Review these annually to ensure they are still robust. 9. Request staff to read OATA guidance advice and then sign/date your training record to say they have understood the guidance. Wholesaler in UK for products supplied by a UK based importer 1. You must ensure the Product is labelled correctly CE marking. 2. We would recommend checking the importers name & address/contact details are on the Product . 3. If you have any concerns do not simply rely on verbal assurances from the suppliers or agents. 4. Have written procedures for these checks and documentation required and who is responsible.

6 5. When determining whether products are suitable to sell, ensure staff are competent and fully trained on what checks to make on Electrical products and what to do if inconsistencies are found. 6. Keep records of any checks, tests, invoices etc. A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. 7. Be aware of any legislative changes that might affect these products. 8. Have agreed plans and procedures in place so you can take action such as a Product recall in the event of a serious Safety problem with one of the products you supply. 9. Review these annually to ensure they are still robust. 10. Request staff to read OATA guidance advice and then sign/date your training record to say they have understood the guidance. Retailer in UK for products supplied by a wholesaler in the UK 1. A business should ensure all products are labelled correctly CE mark, EU/UK suppliers/manufacturers name and address. 2. Ensure staff are fully competent to explain the safe operation of products if requested based on any Safety instructions provided.

7 3. Always notify your supplier immediately if a Safety related complaint is received. 4. Request staff to read OATA guidance advice and then sign/date your training record to say they have understood the guidance. 5. Try and keep up to date with changes in legislation that might affect the products the business sells. A useful source of information regarding up to date Product recalls can be found on the Chartered Trading Standards Institute website. Product Recall Procedure A code of Practice on consumer Product Safety related recalls and other corrective action PAS 7100: 2018 (ordered through BSI) The General Product Safety regulations and specific Safety regulations require that new and used consumer products placed on the market must be safe, with the responsibility for ensuring that Safety being borne by business across the supply chain. Responsibilities include duties to: Place only safe products on the market, supported by information on their correct use. A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above.

8 Warn consumers about potential Product -related risks. Monitor the Safety of products. Inform the relevant Market Surveillance Authority if a Safety issue is identified. Take corrective action where necessary. Although the vast majority of products are safe and do not become the subject of corrective action, the availability of a planned course of action is critical to ensuring a timely and effective response should a Safety issue or potential Safety issue arise. Business may experience potential recall situations rarely and now a Publicly Available Specification (PAS) has been developed to make it easier for them to prepare for and deal with, such situations. Part 1 of PAS is intended for businesses and provides practical guidance to help them: Prepare to manage a possible Safety related Product recall or other corrective action. Establish mechanisms to monitor the Safety of consumer products. Investigate any potential Product Safety issue. Review corrective action programs to ensure that Product Safety responsibilities continue to be met.

9 The PAS is focused on non-food consumer products and is intended for use by producers, importers and distributors irrespective of type or size. It is accepted that smaller organisations could need to adjust the scale of activity associated with any Product recall or other corrective actions undertaken but the principles of the code are equally applicable whatever their size and are to be adhered to. Product Labelling (photo of compliant label/ Product ) A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. What should be on the label? 1. The CE mark (it should be at least 5mm high and in the following format). Further guidance is available at: 2. The name, registered name or registered trade mark of the manufacturer; and a postal address at which the manufacturer can be contacted. 3. The name, registered trade name or registered trade mark of the importer; and a postal address at which the importer can be contacted. 4. A type, batch or serial number to enable traceability to the supporting compliance documentation.

10 5. Any specific labelling required by the standard(s), for example The double square symbol is required if the Product is double insulated . Double Insulated A Company Limited by Guarantee and Registered in England No 2738119 Registered Office as above. EXAMPLE EU DECLARATION OF CONFORMITY EXAMPLE 1. No .. (Unique identification of the Product ) 2. Name and address of the manufacturer (or authorised representative): 3. This declaration of conformity is issued under the sole responsibility of the manufacturer (statement). 4. Object of the declaration (Description allow identification of Product for traceability purposes and could include a photograph where appropriate): 5. The object of the declaration described above is in conformity with the relevant Community harmonisation legislation: Low Voltage Directive (2014/35/EU) Electromagnetic Compatibility Directive (2014/30/EU) 6.