Failed and/or Defective Equipment Policy and Procedure
Products that are defective by design, construction or due to the manner of supply
Most specific product safety law requires that products are safe and compliant when first placed on the market or put into service. ‘Safe’ here includes risk to health arising from use of the product. It applies to:
- new products
- products made by users for their own use
- products which are ‘new to the market’ (e.g., second-hand products not previously made available on the market)
- products which have undergone such major refurbishment (creating new, unassessed hazards) as to render the product ‘new’
- Such product law also covers the manner of supply, e.g., if instructions are missing, wrong or not in the end user’s language; or the Declaration of Conformity is missing or incorrect. In all these cases, market surveillance authorities (MSAs) can act. For guidance and information on how to contact an MSA, see: What you should do.
Most specific product safety law does not apply to:
- products that have been simply refurbished (e.g., following repainting, or when worn out parts have been replaced with similar ones)
- products modified since first supply or use (unless a substantial modification)
- where defects arise from failure to maintain the product
- where installation is undertaken separately from supply of the complete item, any failure to install products safely in accordance with the manufacturer’s instructions
However, while product safety law may not apply to these examples, their use is covered by the Provision and Use of Work Equipment Regulations (PUWER), and Section 6 of the health and safety at Work etc Act 1974 may apply on installation or to second-hand products overview that were originally placed on the market in conformity with the law when they were first made available.
What you should do
If you have concerns about a product due to its design, construction, or the manner of supply, you should report the matter firstly to SDS Chief Engineer, then the manufacturer and/or relevant authority.
However, before you report a defective product, it will help in processing and investigating your concerns if you can also provide the following information to SDS Chief Engineer:
- reasons you consider the product to be defective
- details of any injuries or harm resulting from the defect
- a description of the defect with, where relevant, measurements (such as gaps in safeguards and the distance through such gaps to parts giving rise to danger)
- photographs of the product and the defect, if available
- details of the markings / information on the product or accompanying documentation (e.g., type, serial number, date of manufacture, CE, or other conformity markings, UKCA)
- full contact details of the manufacturer, any supplier(s) and date of supply
- a copy of the Declaration of Conformity (or Declaration of Incorporation)
- extracts from the user instructions which deal with health and safety
- details of the markings / information on the product or accompanying documentation (e.g., type, serial number, date of manufacture, CE, or other conformity markings, UKCA)
Although this is a lot of information, much of this must be obtained before the Chief Engineer and manufacturer can follow up concerns about defective products. SDS can only challenge manufacturers and suppliers based on quality factual information that confirms non-compliance with legal requirements.
Your email must address the above to Pravin Panchal (pravin@sdsdrives.com) copying info@sdsdrives.com. The fault or defect must be reported within 2 working hours.
