The owner of a machinery has the obligation to make sure that it is safe and suitable for use, responding to the damage suffered by workers, the manufacturer’s CE marking is not enough.
When the Employer inserts the machine in its production cycle, he becomes responsible in the first place for providing workers with machines that comply with safety requirements and must ensure that safety requirements are maintained over time.
The rulings by the Court
There are numerous rulings by the Court in which it is reiterated that the CE marking does not relieve the employer from responsibility for lack of safety requirements of the machine.
The automatic exemption of the employer is not provided from responsibility for CE marked machines made available to workers; any responsibility for accidents due to lack of safety lies with the employer himself, who is not exempted from checks before commissioning.
With reference to cutting machines, it is therefore essential to respect the distances between the potential access point and the cutting blade, depending on the size of the product passage; the presence of intangible barriers can reduce this distance, which is also standardized.
Moreover, it is not considered a safety device a plastic curtain, which allows spontaneous interventions without any evident danger, and it is still not allowed to consider correct to fix with bolts, to be removed with tools, the protections that must be removed with a frequency lower than two weeks.
Our automatic machines are built in full compliance with the machine directive, using non-avoidable devices and guaranteeing the safety distances indicated; this is the case of our TMNR cutting machine with rotation of the first or second half of the cut product.