An ATEX certificate certifies that a device met the requirements of the ATEX directive and the technical standards in effect at the time of its first market introduction (the "State of the Art"). This certificate generally remains valid for the lifetime of that specific device, as long as it is not modified and is used as intended. Therefore, your old, reliable ATEX drill retains its certification, even though there are newer, more technologically advanced drills available on the market today.
Your power as a user: Demanding "State of the Art" – but the right way!
But where is your opportunity as a user to "instruct" the manufacturer and demand safety? The crux of the matter is the "State of the Art," but it relates to various aspects:
- For NEW devices that you BUY:
- Manufacturer's obligation: Every manufacturer is required to design and certify new devices that they put on the market today according to the latest state of the art. A manufacturer cannot sell you a device today that relies on an outdated standard if there is already a newer, stricter standard in place.
- Your demand: As a user, you can and must require that new purchases meet the current "state of the art" and are certified according to the latest harmonized standards. Ask for the declaration of conformity and the type examination certificate, and check the standards listed there and the currency of the date. Here, you can clearly hold the manufacturer accountable!
- For older devices already in operation (your existing devices):
- Your operator duty (explosion protection document): Although the certificate of the old device remains valid, you as the operator are responsible for the continuous safety of your facility. Your explosion protection document must be regularly reviewed and updated. As part of this review, you must also critically question the risk assessment of your existing devices.
- Technological Advancement vs. Existing Equipment: When the "State of the Art" has advanced so significantly that new, more effective protective measures are available or new risks have been identified that your older device does not adequately address, it may become necessary, as part of your risk assessment, to retrofit or even replace your older device. This is not a question of the manufacturer's certificate validity, but rather your operator's duty to ensure the highest possible safety.
- Your demand to the manufacturer (indirectly): Here, you cannot hold the manufacturer directly responsible for the "management" of a device that has already been sold. However, you can request that they offer maintenance, spare parts, or retrofitting kits that comply with current safety standards, or assist you in assessing the risks of your existing devices. Ask for recommendations on how older devices can be operated safely, taking into account newer findings.
- In case of changes to the product by the manufacturer:
- Manufacturer's obligation: If the manufacturer makes changes to any of its certified products (design, components, performance, etc.) that affect the original assessment, they must evaluate these changes and, if necessary, update the certificate or issue a variant certificate.
- Your request: If you, as a user, learn that your manufacturer has modified a product line that you also use, you can ask for the updated certificates or declarations of conformity for this new version.
Conclusion for the user: Stay informed and proactive!
Your power as a user lies in understanding when which "state-of-the-art" requirements apply.
- When purchasing new: Demand uncompromisingly that the devices meet the latest state of the art and that this is evidenced by current certificates.
- In the inventory: Regularly review the risks of your entire facility as part of your explosion protection document, including older ATEX devices. If technological advancements provide significantly higher safety standards that are relevant to your specific risk, you must take action as the operator.
By understanding these differences, you are able to specifically question the manufacturers and hold them accountable, thereby ensuring that safety in your company can be maintained at a high level in the long term.