Allied Presentation_ Extract_NewEuroNorms3.pdf

8/16/2019 Allied Presentation_ Extract_NewEuroNorms3.pdf

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New Racking Euro Norms

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The NEW EUROPEAN NORMS are:

A. IS EN 15512 : replaces FEM 10.2.02 (Implemented 15/5/09).

Adjustable pallet racking – Principles for structural design

B. IS EN 15620: replaces FEM 10.3.0 (Implemented 18/12/08).

Installation tolerances, deformations, clearances

C. IS EN 15629 : replaces FEM 10.2.03 (Implemented 16/1/09).

Guidelines for the specification of Racking and Shelving

D. IS EN 15635 : replaces FEM 10.2.04 (Implemented 16/1/09).

Guidelines for the safe use of Racking and Shelving

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• These Euro Norm are ’voluntary documents’ and are not consideredmandatory.

• However, they are a demonstration of ‘Best Practice’ within theindustry.

• Failure to apply the new standards could expose Designers, Specifiersand Clients to problems.

• Projects subject to the Public Procurement Directive 2004/18/ECstates, under Chapter IV Article 23 3(a), that ‘technical specificationsshall be formulated … to national standards transposing Europeanstandards’.

• The new Euro Norms are only applicable for new installations but it isarguable that they should be specified on all racking projects.

• We have consulted with the NSAI and they concur with the abovepoints and interpretations.

Summary

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A word from the National Standards

Authority of Ireland

“In the event of an incident, failure to apply the new standards

could expose Designers, Specifies and Clients to:

- possible action from the Health and Safety Authority

- possible litigation from injured parties for negligence

- possible claims on PL, EL and PI insurance policieswith knock on effects on costs of insurance”.

Justin Tallon, NSAI

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A word from the Insurers

“ Failure to use the new standards could result in an

increased risk of being sued for negligence if an old

standard or guideline is used and work is required to rectify

any mistakes.This could lead to an increase in claims against

consultants’ and contractors’ Professional Indemnity

Insurance which in turn could prompt a possible rise in the

cost of insurance, bigger excesses and/or additional

restrictions in their terms and conditions”.

Peter Sharp, Aon Ireland

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A word from the Legal Profession“Employers have statutory duties to protect health and safety pursuant to the Safety, Health and Welfare at Work

Act 2005 (the "2005 Act"). Furthermore, under section 16 of the 2005 Act, designers, manufacturers, importers and

suppliers of articles must ensure that any article, including racking, is designed and constructed so as to be safe

and without risk to health, and in compliance with any relevant statutory provisions of any European directive.

Furthermore, a Designer as defined by Safety, Health & Welfare at Work (Construction) Regulation 2006 is obliged

to design a construction project so as to eliminate or reduce safety risk. These statutory duties are in addition to

the common law duty of care to employees and those using racking and shelving to ensure that injury does notresult from a party's negligence.

European Norms represent best practice. If these European Norms are not used, and a health and safety accident

occurs at work involving racking, it will be extremely difficult to effectively defend any future proceedings, whether

civil or criminal. An employer is required to do all that is "reasonably practicable" to ensure that their employees

health and safety is protected. The standard of reasonably practicable is to defined in the 2005 Act, and is a tough

standard to meet. If new European Norms are not followed, it is evident that all measures that are reasonably

practicable have not been put in place. Thus, if best practice is not followed and injury results, either an

action in negligence, breach of statutory duties or prosecution by the HSA for breach of H & S legislation

could result.

We have been involved in a case where a fatality resulted from unsafe racking practices. It was no defence in thesubsequent criminal proceedings to state that the racking provided was similar to practices used elsewhere, as the

system itself was unsafe. Best practice should always be implemented.”

Noeleen McHenry, A&L Goodbody

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Allied Presentation_ Extract_NewEuroNorms3.pdf

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