New UKCA Compliance: What you need to know

02.12.2021

The UKCA (UK Conformity Assessed) marking is a new UK product marking is used for goods being placed on the market in Great Britain. Senior Health & Safety Consultant Emma-Louise Spicer provides an overview of the key changes.

The new marking came into effect on 1 January 2021 however, to allow businesses time to adjust to the new requirements, the transitional period has been extended to January 2023.

In the construction industry, employers will have duties under health and safety legislation to ensure that work equipment used within the workplace complies with any product Directives.

Prior to exiting the European Union this meant that any equipment needed to bear CE marking with the relevant declarations of conformity.

UKCA marking is required where the following applies:

  • The product is for sale in Great Britain
  • The product is covered by legislation requiring the UKCA mark (for example the provision and use of work equipment regulations)
  • The product requires a third-party conformity assessment by a UK body.

What about products already on the market with a CE mark?

UKCA marking was brought into play to replace CE marking from the 1st of January 2021. Existing stock manufactured with the CE mark prior to the 1st of January 2021 can still be sold in Great Britain. These goods do however need to be placed on the market prior to the 31st of December 2022.

Note that CE marking is only valid in Great Britain for areas where GB and EU rules remain the same. For example, should the rules change, the CE marking on the product becomes invalid, even before the 31st of December 2022.

What happens after January 2023?

From the 1st of January 2023 UKCA requirements will apply in full within Great Britain. After such date CE marked products can no longer be imported into Great Britain.

Key takeaways

Employers have a duty to ensure that work equipment supplied to employees is fit for purpose and conforms to current legislation and industry standards. As an employer the following must be applied to ensure employees are protected from risk to their health and safety:

  • Work equipment must be fit for purpose and in good state of repair
  • Regimes are in place for routine inspection and maintenance
  • Procedures are in place for reporting and rectifying defects
  • Employees are provided with information, instruction, training, and supervision
  • Steps are taken to prevent access to dangerous parts of machinery
  • Measures are in place to prevent or control risks to people from parts and substances falling or being ejected from equipment
  • Mean of isolating equipment where necessary
  • Work equipment is stabilised to avoid injury
  • Work equipment has identifiable controls

For more information, please get in touch with Emma-Louise Spicer espicer@calfordseaden.com