There is an exclusion for machinery in the Supply Regulations and Machinery Directive to cover the common circumstances where a manufacturer develops a prototype machine, is looking to demonstrate it to potential clients, and the machine is not UKCA or CE marked.
This can mean that safeguards typically found on a UKCA or CE marked machine have been removed or not yet applied/verified in full. This may have been done to permit a clearer view of the operation for the purposes of demonstration. However, PUWER still applies so now what?
The manufacturer (importer or distributor), does not have to certify to operate for demonstration purposes, but they do have to ensure it is safe, for both the demonstrator and others. National legislation applies, including the HaSaWA with the employer's general duties to ensure the health and safety of employees and others by suitable risk assessment and further inspections as appropriate. If safeguards are removed, then temporary measures shall be in place. This could include the use of temporary guards / barriers, warning signs and enhanced training of those in control of the machine.
For those exposed to the risks with little or no training (i.e. the public) it must be made clear that the demonstration machine does not comply with the requirements (yet), the additional precautions needed in its current state and that it will not be made available in the marketplace until such time that it is certified.
Machinery Directive and Supply Regulations Recital 17 & article 6(3), L22 PUWER reg 7, 8 & 9
To learn more about PUWER read our Guide: The ultimate guide to PUWER