Introduction to Health and Safety at Work

Declaration of conformity
: the ‘responsible person’ 
must then draw up an EC declaration of conformity, 
described in Annex G, for each machine or safety com-
ponent supplied. This declaration is intended to be issued 
with the machine or safety component and declares 
that it complies with the relevant essential health and 
safety requirements or with the example that underwent 
type-examination.
Declaration of incorporation
: alternatively, where 
the machinery is intended for incorporation into other 
machinery or assembly with other machinery to consti-
tute machinery covered by the Regulations, the ‘respon-
sible person’ may draw up a declaration of incorpora-
tion, described in Annex H, for each machine.
17.30.11 Step 3 – Marking
Once a declaration of conformity has been issued, the 
‘responsible person’ must affi x the CE marking to the 
machinery.
CE
markings must be affi xed in a distinct, visible, 
legible and indelible manner.
The CE marking should not be affi xed to safety 
components or for machinery for which a declaration of 
incorporation has been issued.

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Summary of the main legal requirements
389
The Regulations make it an offence to affi x a mark 
to machinery, which may be confused with CE marking.
17.30.12 Enforcement
In Great Britain, the Health and Safety Executive is 
responsible for enforcing the Regulations in relation to 
machinery and safety components for use at work. Local 
authority Trading Standards Offi cers are responsible for 
enforcement in relation to machinery and safety compon-
ents for private use.
In Northern Ireland, the Department of Economic 
Development and the Department of Agriculture are 
responsible for enforcing the Regulations in relation to 
machinery and safety components for use at work. District 
councils are responsible for enforcement in relation to 
machinery and safety components for private use.
The enforcement authorities have available to them 
various powers under the Health and Safety at Work 
etc. Act 1974, the Health and Safety at Work (Northern 
Ireland) Order 1978 and the Consumer Protection Act 
1987, for example, relating to suspension, prohibition and 
prosecution.
Where machinery bearing the CE marking is safe, 
but there are breaches of other obligations, the ‘respon-
sible person’ will be given the opportunity to correct the 
breach before further enforcement action is taken.
The Machinery Directive, as amended, requires 
Member States to inform the European Commission of 
any specifi c enforcement action taken. The Commission 
will consider whether the action is justifi ed and advise 
the parties concerned accordingly.