14.12.2015
New interpretation paper from ministry clears things up
What is “substantial modification” to machinery?
It is a question which has often led to discussions and uncertainty in the past. The background: If a machine operator makes a modification of this kind, by amalgamating a number of incomplete machines into a whole machines or linking them up into a system, they become a manufacturer and must therefore comply with all the directives and, where applicable, standards of machine safety applicable to a manufacturer. Conversion of existing machines also raises the question as to whether a substantial modification has been made or not. Based on the definition, this kind of modification can be considered to have been made if a functional change (intended use), a performance increase or a change in safety technology has been carried out.
The interpretation paper published on 09 April 2015 in the Joint Ministerial Gazette (GMBl 2015, p 183), produced in conjunction with the BAuA (Federal Institute for Occupational Safety and Health) now clarifies the issue. English version of the interpretation paper - Download