clothing - DeLUX-SM s.r.o

LEGISLATION IN THE EUROPEAN COMMUNITY AND IN THE SLOVAK REPUBLIC
RELATED TO THE FIELD OF USE OF PERSONAL PROTECTIVE EQUIPMENT
The minimal requirements for the provision and use of personal protective
equipment (PPE) necessary for the protection of life and health of employees
at work within the European Community (EC) are set by Council Directive
89/656/EEC of 30 November 1989 on the minimum health and safety requirements
for use by workers of personal protective equipment at the workplace.
In the Slovak Republic (SR), this Directive has been transferred to the Resolution
of the Government of the Slovak Republic 395/2006 of 24 May 2006
on minimal requirements for the provision and use of personal protective
equipment at work.
Based on this Resolution of the Government of the Slovak Republic the
employer provides, in addition to PPE, non-protective work clothes and work
boots to employees who work in an environment where clothing and boots
are subject to extraordinary tear and wear or are subject to extraordinary dirt,
if they become impossible to be used within a time frame of less than six months.
Conditions for placing on the market, free movement within the EC as
well as basic protection requirements which PPE for securing the protection of
health and safety of users must full, are set by Council Directive 89/686/EEC
of 21 December 1989 on the approximation of the laws of the Member States
relating to personal protective equipment amended by Council Directive
93/68/EEC of 22 July 1993, Council Directive 93/95/EEC of 29 October 1993
and by Directive 96/58/EC of the European Parliament and the Council of 3
September 1996.
In the Slovak Republic (SR), this Directive has been transformed to the
Resolution of the Government of the Slovak Republic 29/2001 Coll. of 16 November
2000 by which the details of technical requirements and conformity
evaluation process of personal protective equipments are set, which was
amended by Government Resolution 323/2002 of 29 May 2002 Coll.
The method of setting technical requirements for products by which the
health, safety or property of persons or the environment could be endangered,
processes of evaluation of product compliance with the technical requirements,
the rights and duties of entrepreneurs that produce, import or
place products on the market are, in the Slovak Republic, governed by Act
No. 264/1999 Coll. on technical requirements on products, the evaluation of
compliance and on changes and amendments of certain acts in the wording
of Act No. 436/2001 Coll. and Act No. 254/2003 Coll.
DUTIES OF PRODUCERS, IMPORTERS AND DISTRIBUTORS
WHEN PLACING PRODUCTS ON THE MARKET
Producer is an entrepreneur who has rendered, produced or in another
manner has obtained a product and has a registered oce or place of busi-
ness on the territory of any Member State of the European Union, any Member
State of the European Economic Territory or Turkey (further, „Member State“)
or is marked as producer for attaching its business name, production mark or
other identication mark by which it is identied as producer or by which it is
distinguished from another producer of the product; an importer can also be
a producer.
Representative of a producer is a legal entity or natural person who has
been authorized by the producer to represent it in issues related to the execution
of duties resulting from Act No. 264/1999 Coll.
Importer is an entrepreneur who places a product from a country that
is not a Member State on the market or mediates in the placement of such
a product on the market.
Distributor is an entrepreneur who sells the products, mediates their sale
or oers them to users by using another method but has no direct inuence
on the features of the product while executing its activities; a supplier can also
be a distributor.
A producer or its representative or importer, when placing products on
the market:
- can place only safe products on the market, regardless of whether they are
designed for personal use or professional use. If it is impossible to identify the
producer or importer, the distributor is responsible for fullling the conditions
of placing the product on the market,
- before placement on the market, it evaluates the compliance of the features
of the given product with the technical requirements set by generally mandatory
legal regulations,
- can place only a product on the market that meets all the technical requirements
related to the given product. Before placing a certain product on the
market, it is obliged to issue a written declaration of conformity with technical
regulations,
- it has to provide the distributor, based on its request, with a declaration of
conformity.
The distributor, when placing products on the market:
- must not distribute a product of which it knows, based on its own information
or its professional experience or about which it can assume that substantial
interest could be jeopardized by it,
- must not distribute a product to which there no declaration of conformity
has been executed by the producer or by the importer or when distributing it,
it has no declaration of conformity or written conrmation that the producer
or importer has executed a declaration of conformity attached to it or it has
not been marked with a conformity mark by the producer.
PERSONAL PROTECTIVE EQUIPMENT CATEGORIZATION
Denition of personal protective equipment (further „PPE“) according to
Article 1, Section 2 of Directive 89/686/EEC (further, „Directive”)
PPE shall mean any device or appliance designed to be worn or held by an
individual for protection against one or more health and safety hazards.
PPE shall also cover:
Technical set constituted by several devices or appliances that have been
integrally combined by the manufacturer for the protection of an individual
against one or more potentially simultaneous risks, [Article 1, Section 2, Letter
a) of the Directive];
A protective device or appliance combined, separably or inseparably with
personal non-protective equipment, worn or held by an individual for the execution
of a specic activity [Article 1, Section 2, Letter b) of the Directive];
Interchangeable PPE components which are essential to its satisfactory
functioning and used exclusively for such equipment [Article 1, Section 2, Letter
(c) of the Directive];
Any system placed on the market in conjunction with PPE for its connection
to another external, additional device shall be regarded as an integral part
of that equipment even if the system is not intended to be worn or held permanently
by the user for the entire period of risk exposure [Article 1, Section
3 of the Directive].
Category „0“ – This Directive does not apply to these PPE. There must be
no CE mark on the product.
Category „I“ – PPE models of simple design where it is assumed that the
user can himself/herself assess the level of protection provided against the minimal
risks concerned, the eects of which, if gradual, can be safely identied
by the user in good time.
An EC declaration of conformity shall be executed by the manufacturer or
importer, without the mediation of the inspection body of which notication
has been given [Article 8, Section 3 of the Directive]. An EC mark of conformity
is axed to the product.
Category „II“ – PPE of neither simple nor complex design. For the majority
of PPE, European harmonized standards have been worked out or are being
prepared.
The manufacturer or importer has to execute an EC declaration of conformity
based on an EC-type examination certicate executed by an inspection
body of which notication has been given [Article 8, Section 2 of the Directive].
A CE mark of conformity is axed to the product.
Category „III“ – PPE of complex design intended to protect against danger
to life or against dangers that may seriously and irreversibly harm the health,
the immediate eects of which the designer assumes that the user can not
identify in sucient time.
The manufacturer or importer has to execute an EC declaration of conformity
based on an EC-type examination certicate executed by an inspection
body of which notication has been given and by which the manufacturing
process has been checked [Article 8, Section 4, Letter a) of the Directive]. A
conformity mark and the distinguishing number of the notied body that has
carried out checking of the manufacturing process, CE xxxx, is axed to the
product.