A UK dealership imported
European-manufactured construction equipment that was CE compliant upon import,
but lost its CE compliance when the dealer-installed UK-sourced construction
equipment options and attachments, allowing unsafe and potentially lethal
construction equipment to be marketed and sold within the UK. The UK dealer
failed to:
- Specify and implement the internal legislative, safety
and qualitative standards and operating procedures required to adapt
construction equipment for sale in the UK market.
- Inform its suppliers of UK-sourced construction
equipment options and attachments of the legislative, safety and
qualitative standards that the UK options and attachments had to be
manufactured and supplied to comply with.
- Install a quality management system (QMS) to maintain
and ensure supplier and internal adherence to the legislative, safety and
qualitative standards required for construction equipment adapted for the
UK market.
The imported and adapted construction
equipment suffered from several failures of UK-sourced options and attachments,
where legislative, safety and qualitative standards needed to be specified or
where UK-sourced options and attachments had been fitted incorrectly. The
issues resulted in operator safety systems being compromised and the premature
failure of safety equipment, examples of which include:
- Fire safety systems fitted that corrupted the
integrity of rollover protection systems (ROPS).
- Safety barriers that fractured and broke during
construction equipment use.
- Camera and safety equipment systems that failed
prematurely in operation.
- Security equipment that fell from the construction
equipment whilst in transit.
A QMS ensures that directors, managers,
and staff operate according to a set of common legislative, quality, and safety
standards to protect the public and guide staff in fulfilling the
organisation's purpose to ensure and maximise its profitability, efficiency,
and effectiveness.
The lack of a QMS resulted in the UK
dealer not being able to protect its customers when using the construction
equipment, as the problems encountered by the organisation resulted in the
following safety concerns for UK-sourced options and attachments:
- The construction equipment lost CE compliance when
options and attachments were fitted.
- Legislative standards were not specified for any
option or attachment system.
- Quality was not monitored to ensure construction
equipment operator and staff safety.
- The options and attachments were not subjected to
independent UK safety testing.
- The equipment manufacturer did not endorse fitting
UK-sourced options and attachments.
- Installation procedures were not
specified or provided for UK-sourced options and attachments.
- Customers were not provided with
UK-sourced options or attachment operating instructions.
- Customer maintenance manuals were not provided for
UK-sourced options and attachments.
A QMS ensures that legislative, quality,
and safety standards and criteria are adhered to and upheld internally within the
organisation and by suppliers. The UK dealer failed to install a QMS or specify
any internal standard operating procedures to ensure compliance with
legislative, quality and safety standards. These failures resulted in:
- A commercial risk analysis not being carried out for
the supply of UK options or attachments.
- Construction equipment safety
requirements, obligations, and standards not being specified.
- The legal risks of supplying
options and attachments not being considered.
- UK option and attachment supply
contracts not being specified and signed off by Suppliers.
- A product catalogue not operating to track and trace
UK option and attachment failures.
- Suppliers not being held to account
for UK option or attachment safety failure risks.
- A category management policy not
being enacted for the supply of UK options or attachments.
- Formal negotiations not being regularly carried out
for the supply of options or attachments.
- A lack of quality assurance or legislative standards
to ensure CE/ISO
compliance.
A QMS consists of organisational-wide
procedures and processes to ensure the quality and safety of services or
products to meet and exceed customers’ expectations. Where an organisation
imports and distributes construction equipment, it must do so to ensure that
the highest levels of operator, staff and public safety standards are achieved
and adhered to.
QMS systems are typically measurable and
repeatable but rely on continuous improvement methods in a feedback loop to
review and improve quality and safety standards. Organisational safety
objectives relating to the safety of construction equipment operators, staff
and the public are critically important as they govern the values and strategic
direction of organisational health and safety policies.
A mistake many corporate leadership
teams make is oversimplifying or ignoring their health and safety obligations
through ignorance and focusing solely on revenue or profitability objectives. A
QMS requires Directors, Managers, and staff to ensure an array of safety
objectives are considered that balance and meet all stakeholders' needs,
especially regarding legislative, qualitative, and health and safety concerns.
A quality approach to legislative,
qualitative and health and safety matters ensures that an organisation sets
goals for monitoring and evaluating internal operating and supplier performance
criteria to ensure that the highest levels of safety are achieved and that the
integrity of health and safety procedures is maintained, which reduces the risk
of death and serious injury of construction equipment operators, staff, and the
public, to a minimum.
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