What Is PUWER Compliance and How Does It Differ from CE Marking?

PUWER compliance is about work equipment being suitable for its purpose and maintained in a safe condition for use at work; CE marking is about meeting the requirements to place machinery on the market in Europe. They can apply to the same machine at different points in its life, so the practical question is usually not "which one?" but "which one applies now, and who is responsible?"

What PUWER requires

PUWER stands for the Provision and Use of Work Equipment Regulations. According to CEmarkit, employers and suppliers of equipment for use at work must ensure it meets PUWER — that it is suitable for its purpose and maintained in a safe condition.

The core duties sit with the employer using the equipment, and cover:

• Suitability — the equipment is right for the job and the conditions it is used in.
• Safe condition — it is maintained so it stays safe throughout its working life.
• Maintenance and inspection — checks are carried out as needed, with records where required.
• Information and training — people who use, supervise, or maintain the equipment know how to do so safely.

Because PUWER is about use, it applies to equipment already in service, including second-hand machines and equipment that was never CE marked.

What CE marking requires

CE marking applies when machinery or equipment is placed on the market in Europe. CEmarkit notes that most companies know they need to do something about CE marking before selling in Europe, but many lack the time or resources to complete the work.

The CE marking process for machinery typically involves:

• Identifying the applicable regulations and standards.
• Carrying out a conformity assessment, including risk assessment.
• Compiling a Technical File.
• Drawing up the Declaration of Conformity and affixing the CE mark.

CEmarkit states it can conduct CE marking assessments and compile the Technical File on a client's behalf.

PUWER vs CE marking: the key differences

The two regimes overlap but are not substitutes. A machine can be correctly CE marked and still fail PUWER if it is unsuitable for the specific task, poorly maintained, or used without adequate training. Equally, equipment already in service may need PUWER compliance even if CE marking never applied to it.

What a PUWER assessment or pre-purchase audit involves

CEmarkit describes two related services:

• PUWER compliance assessments — reviewing equipment against the PUWER duties so the employer knows what needs correcting.
• Pre-purchase safety audits — assessing equipment before it is bought, so safety problems are identified before the employer takes on responsibility for it.

A pre-purchase audit is particularly useful when buying second-hand machinery, where the CE marking history may be unclear and the equipment still has to be safe for use.

When both apply to the same machine

Both can apply when you buy machinery for use at work:

1. At purchase — the supplier or manufacturer deals with CE marking; you can use a pre-purchase safety audit to check the equipment before committing.
2. In service — as the employer, you are responsible for PUWER: suitability, maintenance, inspection, and training.

If you are a manufacturer or importer, CE marking is your route. If you are an employer putting equipment to work, PUWER is your route. If you do both, you need both — and CEmarkit positions itself as covering both sides as a product safety and CE marking consultancy established in 2000, having worked with over 200 manufacturers and importers worldwide.

If you are unsure which applies to your situation, the deciding questions are: Is this equipment being placed on the market, or is it being used at work? and Am I the manufacturer/importer, or the employer? Your answers point to the compliance route — and often to both.