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Information about product liability
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Published on June 15, 2008

Author: gozal

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Product Liability Safety FactorsCE markingRecreational Craft Directive : 20 February 2007 PLA-RCD.ppt Product Liability Safety FactorsCE markingRecreational Craft Directive MATS231 lecture 7 MST326 lecture 9 Product Liability : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt Product Liability Three types of defects that incur liability design defects exist before the product is manufactured manufacturing defects occur during the construction or production defects in marketing improper instructions and failures to warn consumers of latent dangers in the product. Some URLs for Product Liability : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt Safety factors BS British Standard Specifications EN Europaische Norm (European Standard) ISO International Organization for Standardization Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors British Standard Specifications BS 1088:1966 (1988) untreated plywood for marine craft BS EN 1095:1998 deck safety harnesses and safety lines BS 4079:1966 (1988) plywood for marine craft treated against attack by fungi or marine borers BS 4532:1969 (1989) snorkels and face masks BS 7209:1990 (1997) water vapour permeable apparel fabrics 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 12215:2002 : 20 February 2007 PLA-RCD.ppt British Standard BS EN 12215:2002 Small craft – Hull construction and scantlings length up to 23 m 1 Materials: resins, reinforcement, laminate 2 Materials: sandwich cores 3 Materials: steel, aluminium, wood, other 4 Workshop/manufacturing conditions 5 Design pressures, stresses, scantlings 6 Structural arrangements and details 7 Scantling determination of multihulls 8 Rudders 9 Sailing boats: appendages and rig attachment Parts 1-7 in Plymouth Campus Library Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors British Standard Specifications eg BS 4994:1987 Design and construction of vessels and tanks in reinforced plastics may be appropriate to lightweight air-tanks for diving Section 9 defines allowable and design unit loadings Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) k1 = factor relating to manufacture k2 = factor relating to long term behaviour k3 = factor relating to temperature k4 = factor relating to cyclic loading k5 = factor relating to curing procedure Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) The design factor = 3 x k1 x k2 x k3 x k4 x k5 The factor 3 is constant and allows for materials strength reduction due tolong-term loading (even in air) No vessel or tank shall have K < 8 Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) k1 (method of manufacture) k1 = 1.5 for handwork k1 = 1.5 for machine controlled spray application k1 = 3.0 for hand-held spray application for spray application, strands shall be >32 mm long Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) k2 (chemical environment) k2 = 1.2 with a thermoplastic liner k2 = 1.2 to 2.0 without a thermoplastic liner Appendix E gives guidance on selection of k2 Safety factors : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) k3 (temperature) from 1 to 1.25 (Fig.1) dependent on heat distortion temperature k4 (cyclic loading) from Figure 2 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 : 20 February 2007 PLA-RCD.ppt Safety factors BS 4994:1987 (FRP vessels and tanks) k1 = 1.5 3.0 k2 = 1.2 2.0 k3 = 1.0 1.25 k4 = 1.1 2.0 k5 = 1.1 1.5 K = 6.534 67.5 defaults to 8 The CE mark : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt Recreational Craft Directive Image from http://ec.europa.eu/enterprise/maritime/maritime_regulatory/rc_introduction.htm Recreational Craft Directive : 20 February 2007 PLA-RCD.ppt Recreational Craft Directive The Recreational Craft Directive (94/25/EEC) Design and construction of boats from 2.5m to 24m hull length plus 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 Directive : 20 February 2007 PLA-RCD.ppt Recreational Craft Directive The 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. Recreational Craft Directive : 20 February 2007 PLA-RCD.ppt Recreational Craft Directive Particular items of equipment are also covered ignition-protected equipment for inboard and stern drive engines start-in-gear protection devices for outboard engines steering wheels, steering mechanisms and cable assemblies fuel tanks and fuel hoses prefabricated hatches and portlights. Recreational Craft Directive : 20 February 2007 PLA-RCD.ppt Recreational Craft Directive Administration requirements the product be marked with the CE logo 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 craft as such it is impossible for second hand craft to comply used craft cannot be CE marked and therefore cannot be legally imported into the EEA RCD file of technical info. : 20 February 2007 PLA-RCD.ppt RCD file of technical info. 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 stabilityin the anticipated sea conditions. the manufacturer also has to complete a Declaration of Conformity. Directive 2003/44/ECamending Directive 94/25/EC : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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) : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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 : 20 February 2007 PLA-RCD.ppt 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

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