We've just been asked our advice about an accident that occurred on a machine in Germany. This machine was purchased with a CE mark from outside the EU. The accident caused the loss of several fingers, and there is now an urgument between the purchaser and manufacturer as to who was to blame.
Remember that the "CE marking" process is one of self certification for most types of machinery, and there are obligations on the purchaser to ensure that the manufacturer had followed a rigorous process in ensuring that the machine complied with appropriate harmonised European standards and essential health and safety requirements. In such cases, it is advisable to ask for a copy of the technical file (that whoever applied the CE mark must be able to compile.).
There are also obligations under the Provision and Use of Work Equipment Regulations (PUWER) (or the German equivalent in this case) on the user of the equipment, who is normally the company that owns the equipment and employs people to use it. It is highly unlikely that the HSE will pursue an action against a company in another country, let alone outside the EU.
See more about CE Marking.
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