A2 DT4 Notes Human Responsibility

11 Human Responsibility - Laws

Human Responsibility Who is responsible for a product, its design, manufacture sale and disposal? Is it the: –Designer –Manufacturer –Retailer –User –Client

Designer’s legal responsibilities A designer needs to comply with certain legalalities; what are they?: BSI and ISO, Patent Customer support, Legislation, Consumer opinion in a competitive market, consumers rights

Consumer’s Rights ECC-NET To assist EU citizens in matters related to cross- border shopping, In 2005 the EU launched the European Consumers Network (ECC-NET). The network already consists of 29 European Consumer Centres (in all 27 Member States, Iceland and Norway), which work together to keep consumers informed and assist in the resolution of cross-border complaints and disputes.

Examples of ECC-NET purpose A consumer from the Czech Republic purchased a satellite receiver via internet from a German trader. Since it proved not to be fully functional, he sent it back to the retailer to have it repaired. After a month, the consumer contacted the trader - but in vain. He then approached the Czech ECC, which cooperated with ECC Germany and eventually the consumer received his repaired satellite receiver.

Legislation There is a plethora of recent and future legislation to encourage sustainable design and we can help you with details that effect your organisations. The two important directives that will effect many producers are: EuP Directive 2005/32/EC: Eco design is defined as Integration of environmental aspects into product design with the aim of improving the environmental performance of the product throughout its whole lifecycle. EU Packaging and Packaging Waste Directive (94/62/EC): Eliminate any toxic or hazardous substances according to packaging or other directives, e.g. cadmium, hexavalent chromium, lead and mercury… or substances that hinder recycling, composting, energy recovery (coating, ink, glue)

Legislation Toy Safety Quick Facts Relevant or Related Legislation: The Toys (Safety) Regulations 1995 (SI 1995 No 204) which implement the European Directive (88/378/EEC) on the safety of toys.

The law Legislation relating to products must be adhered to for a product to be sold in a country. Standards are not law. But some are included in legislation that make them law. Directives issued by the EU are to be complied with.

European ecodesign rules and related legislation The entire industry must face and embrace initiatives such as the European Ecodesign of Energy Using Products (EuP) standard Of all the recently adopted European Union legislation, the Ecodesign of Energy Using Products (EuP) Directive (2005/32/EC) is likely to have the most significant impact on design engineers, as well as the entire electronics industry. Unlike the RoHS and WEEE directives, which focus on certain categories of electronic and electrical equipment, EuP is deliberately broad in scope and, other than transport, applies to virtually any product that consumes, generates or controls energy. EuP covers finished products as well as components and subassemblies.

European ecodesign rules and related legislation While EuP aims to bring about improvements in energy efficiency throughout a product’s entire lifecycle, its main concentration is on the design phase. The European Commission (EC) has estimated that more than 80% of all product-related environmental impacts are made during this phase. ‘Implementing’ measures EuP is a framework directive. This means that it does not directly impose requirements on manufacturers, but sets up a mechanism for introducing “implementing measures” that will impose specified design requirements. Like RoHS, whatever measures are introduced will be required to be met in all EU member states.

European ecodesign rules and related legislation It is not the intention of the EC to produce a large number of implementing measures. They will come about only if voluntary ecodesign improvements are not already in place, or are deemed ineffective. The directive sets a list of criteria that need to be met if an implementing measure is to be permitted: At least 200,000 units of a given product have to be sold per year (although the EC has still to specify whether this is of an individual product type or broad category). There must be significant potential for environmental improvement.

European ecodesign rules and related legislation It should not entail serious cost to industry or consumers. An example of an implementing measure could be a restriction in the amount of energy a product consumes during its working life. It is the responsibility of the EC to carry out studies to determine if implementing measures are required and to recommend targets, such as energy consumption reductions, for industry to reach. So far there have been over 20 studies into different product types and many more will be carried out in the future. Implementation measures will enter into force during 2008/

Manufacturer’s legal responsibilities Legislation BSI and ISO Availability of resources Emissions Energy Consumption

Manufacturing responsibilities Producer Responsibility Legislation and its impact on Product Development Ensuring RoHS Compliance and current exemptions – learn where there may be hidden problems and how to show that you have exercised ‘due diligence’ with your suppliers. The WEEE Directive and obligations, UK and European status – how the system is working, possible changes and differences across Europe member states. The Energy using Products Directive – how this new legislation is developing, what products it will impact and what you should be doing now. REACH – what this complex legislation will mean for downstream users of chemicals, timescales and actions. How it could impact your products.

Manufacturing responsibilities Batteries and Accumulators Directive – what this will mean for producers and their products, when it will happen and what will be the requirements. Other producer responsibility requirements e.g. Packaging regs., IPP etc, - how producer responsibility can influence your product design and packaging and examples of how to reduce costs. Green Design principles and implementation. Non-European Legislation – HARL, California RoHS, China RoHS etc. The legislation is not just European. Opportunities from Producer Responsibility – legislative compliance may seem like an expensive obligation but learn how to create benefits from your products and the way you operate your business.

How do you find … information on the regulatory and legislative frameworks related to product design Trading Standards European Directives BERR Consumer Rights Office of Public Sector Information

Risk Assessment Procedures How to assess risks 1.Identify the hazardsIdentify the hazards 2.Decide who might be harmed and howDecide who might be harmed and how 3.Evaluate the risks and decide on precautionEvaluate the risks and decide on precaution 4.Record your findings and implement themRecord your findings and implement them 5.Review your assessment and update if necessaryReview your assessment and update if necessary