mst326 9 pl rcd

20 February 2007 PLA-RCD.ppt

Product Liability Safety Factors

CE markingRecreational Craft Directive

MATS231 lecture 7

MST326 lecture 9


Product Liability

• every manufacturer has a responsibility for damage and injuries that a product causes to people and property

• this responsibility may be transferred to the importer

• the liability may lead to payments for damages or other legal consequences


Product Liability

• the product should be systematically and carefully scrutinised to determine what damage it may cause

• documentation of product development in respect of safety is important

• insurance companies will demand this documentation before covering the risk


Product Liability

• before PLA: those affected had to prove that the damage had been caused by negligence on behalf of the manufacturer or distributor

• now: the burden of proof is on the manufacturer to demonstrate product safety considerations were integrated into design and production


Product Liability

• Three types of defects that incur liabilityo design defects

• exist before the product is manufactured

omanufacturing defects• occur during the construction or production

o defects in marketing• improper instructions and failures to warn

consumers of latent dangers in the product.


Some URLs for Product Liability

• http://www.dti.gov.uk/access/consumer/intro.html• http://www.dti.gov.uk/access/consumer/product.html• http://www.dti.gov.uk/access/consumer/safety.html• http://www.dti.gov.uk/access/consumer/business.html• http://www.dti.gov.uk/CACP/ca/consultation/gpldp.htm• http://europa.eu.int/comm/internal_market/en/goods/liability/043.pdf

• http://www.law.cornell.edu/topics/products_liability.html• http://www.productslaw.com/• http://www.civilrights.com/prod.html


Safety factors

• BS British Standard Specifications

• EN Europaische Norm

(European Standard)

• ISO International Organization for Standardization


Safety factors

• British Standard Specificationso BS 1088:1966 (1988) untreated plywood for marine crafto BS EN 1095:1998 deck safety harnesses and safety lineso BS 4079:1966 (1988) plywood for marine craft treated against

attack by fungi or marine borerso BS 4532:1969 (1989) snorkels and face maskso BS 7209:1990 (1997) water vapour permeable apparel fabricso BS 7852:1997 code of practice for the design of canoes

and kayaks

the above list only shows a few representative examples


British Standard BS EN 12215:2002Small craft – Hull construction and

scantlings length up to 23 m1 Materials: resins, reinforcement, laminate2 Materials: sandwich cores3 Materials: steel, aluminium, wood, other 4 Workshop/manufacturing conditions5 Design pressures, stresses, scantlings6 Structural arrangements and details7 Scantling determination of multihulls8 Rudders 9 Sailing boats: appendages and rig attachment

Parts 1-7 in Plymouth Campus Library


Safety factors

• British Standard Specificationso eg BS 4994:1987

Design and construction of vessels and tanks in reinforced plastics

omay be appropriate to lightweight air-tanks for diving

o Section 9 defines allowable and design unit loadings


Safety factors

• BS 4994:1987 (FRP vessels and tanks)o k1 = factor relating to manufacture

o k2 = factor relating to long term behaviour

o k3 = factor relating to temperature

o k4 = factor relating to cyclic loading

o k5 = factor relating to curing procedure


Safety factors

• BS 4994:1987 (FRP vessels and tanks)o The design factor = 3 x k1 x k2 x k3 x k4 x k5

o The factor 3 is constant and allows for• materials strength reduction due to

long-term loading (even in air)

oNo vessel or tank shall have K < 8


Safety factors• BS 4994:1987 (FRP vessels and tanks)

• k1 (method of manufacture)

o k1 = 1.5 for handwork

o k1 = 1.5 for machine controlled spray application

o k1 = 3.0 for hand-held spray application• for spray application, strands shall be >32 mm long


Safety factors

• BS 4994:1987 (FRP vessels and tanks)

• k2 (chemical environment)

o k2 = 1.2 with a thermoplastic liner

o k2 = 1.2 to 2.0 without a thermoplastic liner

o Appendix E gives guidance on selection of k2


Safety factors

• BS 4994:1987 (FRP vessels and tanks)o k3 (temperature) from 1 to 1.25 (Fig.1)

• dependent on heat distortion temperature

o k4 (cyclic loading) from Figure 2

o k5 (curing procedure) = 1.1 for post-cure to manufacturer specn

= 1.3 for operation up to 45ºC= 1.5 for operation over 45ºC


Safety factors

• BS 4994:1987 (FRP vessels and tanks)o k1 = 1.5 3.0

o k2 = 1.2 2.0

o k3 = 1.0 1.25

o k4 = 1.1 2.0

o k5 = 1.1 1.5

• K = 6.534 67.5 defaults to 8


The CE mark

• The official marking required by the European Community for all Electric- and Electronic equipment that will be sold, or put into service for the first time, anywhere in the European community.

• It proves to the buyer -or user- that this product fulfills all essential safety and environmental requirements as they are defined in the so-called European Directives. The CE markings directive (93/68/EEC) was adopted in 1993. It amends 12 other directives.

• The CE-directive gives a detailed description of the initials CE and any other marks specific to a particular directive and the ways conformity may be acquired.

• The CE-mark must be put on the equipment, it's size must be 5 mm (0.2") or larger.


The CE mark

• In return for fulfilling the CE marking requirements,the manufacturer or its agent gets the opportunity to cover the entire European market using only one approval procedure for the topics covered in the miscellaneous directives.

• The member states of the EC cannot refuse any electronic or electrical product that has been CE marked (unless fraud suspected).

• For some products however, national regulations may exist, as long as the topics covered in these national regulations are not covered by a pan-European Directive. An example is Ergonomics in Germany for PC-related equipment.


The CE mark• The manufacturer needs however:

– be European,

– or have an official department in the European Community,

– or have an official agent or representative that is willing to take the liability for the CE-marking.

• The CE mark is sufficient to allow exporting to all EC members

• There are some restrictions left over for language variations in user documentation, notably safety instructions should be in the language of the country you are exporting to.

• The attachment of the CE mark to your product MUST be founded on a Compliance statement of the manufacturer or importer.


The CE mark• 90/385/EEC Active Implantable Medical Devices Directive• 94/9/EC ATEX Directive (Electrical equipment for use in explosive atmospheres)• 2000/9/EC Cableway Installations for Passengers Directive• 93/68/EEC The CE Marking Directive• 93/15/EEC Civil Uses of Explosives Directive • 89/106/EEC Construction Products Directive• 89/336/EEC Electromagnetic Compatibility Directive• 96/57/EC Energy Efficiency Requirements: Household Refrigerators and Freezers• 92/75/EEC Energy Labelling Directive • 90/396/EEC Gas Appliances Directive • 92/42/EEC Hot Water Boilers Energy Efficiency Directive• 98/79/EC In-vitro Diagnostic Medical Devices• 95/16/EC Lift Safety Directive • 73/23/EEC Low Voltage Directive

• Hot-links from http://www.conformance.co.uk/CE_MARKING/celist.html


The CE mark

• 98/37/EC Machinery Safety Directive• 93/42/EEC Medical Devices Directive • 2000/14/EC Noise Emission of Outdoor Equipment Directive

• 90/384/EEC Non-automatic Weighing Equipment Directive• 89/686/EEC Personal Protective Equipment Directive• 97/23/EC Pressure Equipment Directive• 1999/5/EC Radio and Telecommunications Terminal Equipment Directive• 94/25/EC Recreational Craft Directive • 98/13/EC Satellite Earth Station Equipment Directive• 87/404/EEC Simple Pressure Vessels Directive • 98/13/EC Telecommunications Terminal Equipment Directive• 88/378/EEC Toy Safety Directive

Hot-links from http://www.conformance.co.uk/CE_MARKING/celist.html


Some URLs for CE

• http://www.ce-marking.org/• http://www.aeat.co.uk/energy/verify/ecdirect.htm

• http://www.ce-marking.nl/

• http://www.cetest.nl/cemark0.htm• http://www.conformance.co.uk/CE_MARKING/ce_content.html


Recreational Craft Directive

Image from http://ec.europa.eu/enterprise/maritime/maritime_regulatory/rc_introduction.htm

http://ec.europa.eu/enterprise/maritime/maritime_regulatory/rc_introduction.htm



• The Recreational Craft Directive (94/25/EEC)Design and construction of boatsfrom 2.5m to 24m hull lengthplus specified components.

• Published in Official Journal L164 (30 June 1994)

• In force 16 June 1996 (transition ends 15 June 1998)

• Implemented in the UK by the Recreational Craft Regulations 1996 (SI 1996:1353)


Recreational Craft DirectiveThe Directive does not apply to:

craft intended solely for racing

canoes, kayaks, gondolas and pedalos

surfboards and sailboards

historical replicas

submersibles

hovercraft and hydrofoils

craft intended to be crewedand to carry passengers for commercial purposes(these are covered by another directive).

craft built for use by the builder are also excluded provided they are not subsequently placed on the market for at least five years.



• Particular items of equipment are also coveredo ignition-protected equipment for inboard and stern drive engines

o start-in-gear protection devices for outboard engines

o steering wheels, steering mechanisms and cable assemblies

o fuel tanks and fuel hoses

o prefabricated hatches and portlights.



• Administration requirements

o the product be marked with the CE logoo the manufacturer compile a file of technical information

• In the case of complete craft or hulls, this file is to include test reports or calculations demonstrating that the craft has adequate stability in the anticipated sea conditions. The manufacturer also has to complete a Declaration of Conformity.

• the Directive also lays down requirements for type testing by a notified body and/or quality control procedures

• no special provision for used crafto as such it is impossible for second hand craft to complyo used craft cannot be CE marked and therefore cannot be legally

imported into the EEA


RCD file of technical info.

• file of technical informationo In the case of complete craft or hulls,

this file is to include test reports or calculations demonstrating that the craft has adequate stabilityin the anticipated sea conditions.

o the manufacturer also has to complete a Declaration of Conformity.


Directive 2003/44/ECamending Directive 94/25/EC

• extend RCD scope to personal watercraft such as jet skis.

• limit values for exhaust (CO, hydrocarbon, nitrogen oxides and various pollutants) & sound emissions of petrol/diesel engines


URLs for Recreational Craft Directive

• http://europa.eu.int/comm/enterprise/maritime/maritime_regulatory/rcdguide-en.pdf

• http://www.conformance.co.uk/CE_MARKING/ce_boats.html• http://www.rbbi.com/folders/cemark/cemark.htm• http://www.dti.gov.uk/strd/recps00.pdf• http://www.dti.gov.uk/strd/rcdnbgde.pdf


Classification society (UK)Lloyds Register of Shipping

• Rules and Regulations for the Classification of Special Service Craft, 2003

• for classification of monohull and multihull craft, yachts, high speed and light displacement craft constructed from steel, aluminium alloys and composites.


Classification societies o/seas

• American Bureau of Shipping (USA)

• Bureau Veritas (France)

• Det Norske Veritas (Norway)

• Registro Italiano Navale Group (RINA)


URLs for classification societies

• Lloyds• http://www.lr.org/market%5Fsector/marine/mts/m2%5Ffrp.htm• http://www.lr.org/rules_and_standards/Rules_and_regulations/index.htm• http://www.lr.org/rules%5Fand%5Fstandards/rules%5Fand%5Fregulations/special%5Fservice%5Fcraft.htm

• http://www.yuscu.fi/eights/lloyds.doc

• ABS http://www.eagle.org/default.html

• BV http://www.bureauveritas.com/webapp/servlet/RequestHandler?mode=PT&pageID=357&nextpage=siteFrameset.jsp

• DNV http://www.dnv.com/maritime/shipclassification/index.asp

• RINA http://www.rina.it/services_products/services.html

mst326 9 pl rcd

Technology

product liability http

safety lines bs

product safety considerations

respect of safety

essential safety

design factor

product causes

frp vessels