Did you know there is a maximum fine of £20,000 for failing to comply?
On February 21st 2000 a new regulation known as the Pressure Systems Safety Regulations 2000 was introduced. As this appeared to be mainly directed towards larger high-pressure installations, this new regulation was largely ignored by the coffee community.
Things continued as normal an no-one really took any notice until everything changed forever on 14th September 2010.
On this date an espresso machine exploded in a restaurant at a Sainsbury store in Farnborough, Hampshire. Newspaper reports speak of it “going off like a bomb”, blasting a hole in a wall and injuring 15 people – 6 of whom required hospital treatment.
See this article from the Daily Mail
Quite understandably, from this point onwards the HSE began to take a more active approach when dealing with coffee machines. Trade organisations such as the Beverage Standards Association and the Automatic Vending Association began requesting information from the HSE as to how their members might ensure that they complied with the legislation. As the maximum fine for non-compliance is £20,000 this was considered to be of the utmost importance.
This is where the picture became somewhat blurred. We have ourselves had several discussions with the HSE regarding the regulations and whilst many of the responses we received could be described as ambiguous, we believe the following information to be correct.
To ensure your coffee machine complies with PSSR2000 you must
Ensure that any equipment installed on your premises has been tested prior to installation and a certificate provided
Arrange for a “competent person” to draw up a Written Scheme of Examination which shall include
(a) all protective devices;
(b) every pressure vessel and every pipeline in which (in either case) a defect may give rise to danger; and
(c) those parts of the pipework in which a technical defect may give rise to danger,
and such parts of the system shall be identified in the scheme. You must also
(a) ensure that the scheme has been drawn up, or certified as being suitable, by a competent person;
(b) ensure that–
(i) the content of the scheme is reviewed at appropriate intervals by a competent person for the purpose of determining whether it is suitable in current conditions of use of the system; and
Furthermore no person shall draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and–
(a) specifies the nature and frequency of examination;
(b) specifies any measures necessary to prepare the pressure system for safe examination other than those it would be reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to take without specialist advice; and
(c) where appropriate, provides for an examination to be carried out before the pressure system is used for the first time.
(4) References in paragraphs (2) and (3) to the suitability of the scheme are references to its suitability for the purposes of preventing danger from those parts of the pressure system included in the scheme.
Having got your “competent person” to draw up your Written Scheme of Examination you must
(a) ensure that those parts of the pressure system included in the scheme of examination are examined by a competent person within the intervals specified in the scheme and, where the scheme so provides, before the system is used for the first time; and
(b) before each examination take all appropriate safety measures to prepare the system for examination, including any such measures as are specified in the scheme of examination pursuant to regulation 8(3)(b).
(c) Where a competent person undertakes an examination for the purposes of paragraph (1) he shall carry out that examination properly and in accordance with the Written Scheme of Examination.
(d) Where a competent person has carried out an examination for the purposes of paragraph (1) he shall, subject to paragraph (4) and regulation 14(4), make a written report of the examination, sign it or add his name to it, date it and give it to you as soon as practicable after the examination, and in any event to arrive within 28 days of the examination and before the date specified in 5(b)
The report required by paragraph (4) shall–
(a) state which parts of the pressure system have been examined, the condition of those parts and the results of the examination;
(b) specify any repairs or modifications to, or changes in the established safe operating limits of, the parts examined which, in the opinion of the competent person, are necessary to prevent danger or to ensure the continued effective working of the protective devices, and specify the date by which any such repairs or modifications must be completed or any such changes to the safe operating limits must be made;
(c) specify the date within the limits set by the scheme of examination after which the pressure system may not be operated without a further examination under the scheme of examination; and
(d) state whether in the opinion of the competent person the scheme of examination is suitable (for the purpose of preventing danger from those parts of the pressure system included in it) or should be modified, and if the latter state the reasons.
You shall ensure that the system is not operated after (in each case)–
(a) the date specified under paragraph (5)(b), unless the repairs or modifications specified under that paragraph have been completed, and the changes in the established safe operating limits so specified have been made; or
(b) the date specified under paragraph (5)(c) (or, if that date has been postponed under paragraph (7), the postponed date) unless a further examination has been carried out under the scheme of examination.
The date specified in a report under paragraph (5)(c) may be postponed to a later date by agreement in writing between the competent person who made the report and you if–
(a) such postponement does not give rise to danger;
(b) only one such postponement is made for any one examination; and
(c) such postponement is notified by the you in writing to the enforcing authority for the premises at which the pressure system is situated, before the date specified in the report under paragraph (5)(c).
Where the competent person referred to in paragraph (7) is the user the reference in that paragraph to an agreement in writing shall not apply, but there shall be included in the notification under sub-paragraph (c) of that paragraph a declaration that the postponement will not give rise to danger.
(1) If the competent person carrying out an examination under the scheme of examination is of the opinion that the pressure system or part of the pressure system will give rise to imminent danger unless certain repairs or modifications have been carried out or unless suitable changes to the operating conditions have been made, then without prejudice to the requirements of regulation 9, he shall forthwith make a written report to that effect identifying the system and specifying the repairs, modifications or changes concerned and give it to you and the competent person shall within 14 days of the completion of the examination send a written report containing the same particulars to the enforcing authority for the premises at which the pressure system is situated.
(2) Where a report is given in accordance with paragraph (1) to you –
(a) you shall ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated
until the repairs, modifications or changes, as the case may be, have been carried out or made.
You also need to make sure that everyone using the equipment has been properly trained and keeping evidence to support this training is advisable.
You must also ensure that the equipment is properly maintained in good repair so as to prevent danger
You must keep
(a) the last report relating to the system made by the competent person pursuant to regulation 9(3);
(b) any such previous reports if they contain information which will materially assist in assessing whether–
(i) the system is safe to operate, or
(ii) any repairs or modifications to the system can be carried out safely;
(i) information provided pursuant to regulation 5 of these Regulations; or
(ii) instructions specified in section 3.4 of Annex I to Directive 97/23/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning pressure equipment(1), which Annex is set out in Schedule 2 to the Pressure Equipment Regulations 1999(2), and provided pursuant to regulation 7(1) and (3) or 8(1) and (3)(b)(i) of those Regulations, which relate to those parts of the pressure system included in the scheme of examination; and
(d) any agreement made pursuant to regulation 9(7), and, in a case to which regulation 9(8) applies, a copy of the notification referred to in regulation 9(7)(c), until a further examination has been carried out since that agreement or notification under the scheme of examination.
(2) Anything required to be kept by this regulation may be kept–
(a) either at your premises where the system is installed, or at other premises approved for the purposes of this sub-paragraph by the enforcing authority responsible for enforcing these Regulations at the premises where the system is installed;
(b )in a case to which regulation 2(2) applies, by means whereby it is capable of being reproduced as required by regulation 2(2)(a) at the premises referred to in sub-paragraph (a) or (b) as appropriate.
(3) If you sell the business or a new owner takes over you shall as soon as is practicable give to the new user or owner in writing anything (relating to the system or part thereof, as the case may be) kept by him under this regulation.
To simplify the above…
- Make sure your machine has a certificate when you first install it.
- Get a competent person to draw up a Written Scheme of Examination.
- Keep your Written Scheme of Examination up to date
- Have your machine checked against the Written Scheme of Examination at least once a year.
- Ensure your machine is regularly maintained to prevent danger and water filters are changed regularly as advised
- Make sure your staff are well trained and
- Keep records to demonstrate all of the above.
As we mentioned earlier we believe that some of the information being issued by HSE is ambiguous and open to interpretation. This site represents our interpretation. If you believe that any information contained herein is misleading or incorrect, and can demonstrate that in writing please contact us and we will publish your comments on this site.
The advice on this site MUST not be reproduced in whole or in part without our prior written permission.
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