We ensure safety according to the German Product Safety Law (ProdSG)

Product Safety Act (ProdSG)

Product Safety Law (ProdSG)

The Machinery Directive has been implemented into German law by the Product Safety Law ProdSG (Produktsicherheitsgesetz) and the German Machine Ordinance (9th Ordinance to the Product Safety Law).
When products are put on the market, they must not constitute a danger for safety and health of persons or the environment. Apart from the intended use, the manufacturer must also take predictable use into account.

Avoiding liability cases according to the (German) Product Liability Act (ProdHaftG)

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Avoiding liability cases

The Product Liability Act applies to all machines that are made available on the market, exhibited or used for the first time as part of a business activity.

Product liability means: The manufacturer is liable for damage resulting from the use of his products. Manufacturer is defined in ProdHaftG as:

  • The manufacturer of the final product
  • The manufacturer of a faulty product part or a faulty basic material
  • The importer importing a product into Europe
  • The vendor attaching his name, trademark or similar to the product
  • The supplier, if applicable

The manufacturer is even liable if he can not be blamed for wilful intent nor carelessness. Entitled for benefit are directly and indirectly aggrieved parties. Warranty claims as per German Civil Code (Bürgerliches Gesetzbuch, BGB) remain untouched by liability acc. to ProdHaftG.

We offer joint advice with our cooperating lawyer specialised on product liability. We support you to meet the requirements of the Product Safety Act completely and to avoid liability cases basing on the Product Liability Act as far as possible.

We support you in all manufacturer obligations

We support you in all manufacturer obligations that are required for sale or own use of your machine/system.

  • Research of Standards and Directives
  • Performing measurements and tests (noise measurement, electrical safety etc.)
  • Ensuring that the machine meets all applicable requirements regarding safety and health protection
  • Creating technical documentation
  • Ensuring that the technical documentation is available
  • Performing a risk assessment for the machine
  • Creating the operating instructions, the maintenance instructions, etc.

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Manufacturer obligations

CE marking

CE marking

All manufacturers of machines and systems must meet legal obligations and perform a conformity evaluation procedure. This procedure includes the creation of all technical documentation, measurements, tests, the declaration of conformity, etc.

What are the obligations of the responsible manufacturer?

As soon as you assemble, modify considerably or import components for sale or for your own use, you become the manufacturer – and bear all liability risks according to the Product Liability Act.  As manufacturer, you must fulfil all manufacturer obligations that are required for sale or own use of your machine/system.

We support you in all manufacturer obligations – from the research of standards and directives to marking the machine or production line – that are required for sale or own use of your machine/system. And if you want to transfer the manufacturer responsibility to a reliable partner: With Anlagenbau Zielke, we will act as responsible manufacturer for you.

When and under which conditions are you considered the manufacturer of a machine?

You are considered the manufacturer and must meet all manufacturer obligations, if you:

  • assemble several machines/components/parts
  • intend to sell or use a machine within the European Economic Area EEA (European Union* as well as Iceland, Liechtenstein and Norway) or Switzerland
  • intend to import a machine into the EEA
  • import a used machine for the first time into the European Economic Area
  • refit a used machine while significantly modifying it

* Member States of the European Union are: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, the Netherlands, Poland, Portugal, Rumania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom.

Operator obligations

Operator obligations

Operator obligations

As operator of machines and systems, you must fulfil specific obligations to ensure safety in handling machines. Part of these operator obligations is the creation of a workplace risk assessment.

All employers – independent of the number of employees – must perform a workplace risk assessment and implement the results according to the Health and Safety at Work Act (ArbSchG).

We determine, evaluate and document the specific hazards in your company so that you can take sensible and appropriate measures.

  • Determining hazards acc. to the German Ordinance on Industrial Safety and Health (Betriebssicherheitsverordnung, BetrSichV)
  • Evaluating risks
  • Naming the required measures
  • Documenting the workplace risk assessment
  • Explosion protection documents, if applicable
  • Checking the implementation of the measures

If you are planning modifications to your systems, you are required to test if the change to the systems does affect safety. It is possible that you need to perform a conformity evaluation procedure (CE marking). We check for you if that is the case and which duties you need to fulfil before and possibly after the modification.