Enforcement of the EMC Regulations in the Workplace

The December 1997 issue of Trading Standards Review included two interesting papers on "Enforcement Difficulties" and "EMC-Everything Made Clear?" in the "Focus On Product Safety". These draw attention to the often overlooked important connection between ENFORCEMENT, EMC and FUNCTIONAL SAFETY. Although frequently considered so, the EMC Regulations do not only pertain to free-trade matters (Footnote A). As was pointed out by Dai Davis (1), there is at least a partial link between the EMC legislation and the law of safety.

In the first paper referenced above, Martin Williams notes with regard to The EMC Regulations that "There is no reference to there being safety provisions for the purposes of the CPA". This should not be misunderstood to mean that these regulations do not include safety requirements. Regulation 5 (5) (b) makes explicit the implicit safety requirement of the EMC Directive, Article 4 and Annex III that equipment "shall be so constructed .. to enable it to operate as intended" " .. in the usual electromagnetic environment where the apparatus is intended to work ..". Equipment malfunction arising from inadequate EMC performance brings with it the risk of danger. The degree of risk depends upon the electromagnetic environment in which the equipment will be expected to perform its intended function, the immunity performance characteristics of the equipment (Footnote A), along with the probability and consequences of malfunction.

This is a complicated "EMC & Functional Safety" issue which is attracting increasing attention from safety engineering professionals at international level. This is illustrated by current initiatives involving the HSE and the Institute Of Electrical Engineers (1). Important relevant recommendations and standards are being developed by the International Electrotechnical Commission (IEC). These include IEC 1000-1-2 "Methodology for the achievement of functional safety of electrical and electronic equipment" and IEC 1508 "Functional Safety: Safety Related Systems". Both of these have reached an advanced stage of review by national bodies and together provide a life-cycle framework for the management of EMC & Functional Safety.

In the second paper referenced above, Dave Holland summarises the technical and legal difficulties being encountered by enforcers, manufacturers, suppliers and users alike. These difficulties are exacerbated by the attitude that the risk of enforcement action is so small that only token attention, if any, need be given to achieving compliance with the legislation (2). This attitude may be more prevalent among manufacturers, suppliers and users of capital equipment for use in the workplace, rather than of consumer products.

Some members of powerful manufacturers' associations may have less concern for the attention of enforcers, recognising that individual enforcement authorities face one common obstacle, a serious shortage of resources. This may result in enforcement attention being directed at less powerful manufacturers of consumer products, e.g. personal computers. As LACOTS has said "Whilst Trading Standards Authorities would have responsibility for all electromagnetic compatibility matters under The EMC Regulations, their primary concern would be with regard to electrical items sold, distributed or supplied to consumers .. " (3).

Reference 3) discusses current enforcement authority activity which provides an excellent case study (Footnote B) into the problems associated with enforcement of The EMC Regulations in the workplace. Eleven local authorities, from Aberdeen to London, Norfolk to Manchester, are involved in action which could over-stretch the resources of any single authority. A co-ordinated approach to the issue would be the most cost-effective, yet LACOTS and the DTI (who also have enforcement powers), who would appear to the "layman" to be appropriate co-ordinating bodies, appear not to be playing any significant role.

Footnotes:-

1. It should be noted that current test standards harmonised to the EMC Directive impose EMC performance levels that are merely the minimum acceptable for free-trade purposes (1). They do not consider safety, yet are available for manufacturers to obtain a presumption of conformity with the protection requirements, which include safety!
   
2. Because the particular issue covered in Reference 3) affects all members of the EEA, it is receiving attention from members of the European Commission and the European Parliament.
   

References & Bibliography:

1. "Workshop Initiatives Relating To EMC Management For Hazardous Installations" by Pete Ridley, The EMC Journal, Issue 13, October 1997.
   
2. "The Legal Implications Of The EMC Business Decisions" by Dai Davis, Euro-EMC Conference, October 1997.
   
3. "Compliance With EMC Legislation For High Voltage Switchgear & Controlgear Assemblies" by Pete Ridley, The EMC Journal, Issue 14, December 1997 (see also the References & Bibliograpy therein).
   

Pete Ridley, CEng. MIEE. Consultant.
E-mail: 106123,203@compuserve.com
Tel: 01707 650847

Editors Note: This article is also appearing in the Trading Standards Review to be published on 1 March. Tel: 01384 872776.