ATEX Certification: A Practical Guide to User Responsibilities and How to Stay Protected

When it comes to ATEX machines, where does the manufacturer's responsibility end and the user's begin? Excen helps clarify this with a practical guide aimed at Safety Managers and Plant Directors.

A machine does not stay ATEX-certified forever. Certification — and with it, safety — depends on a chain of actions that continues long after delivery, well beyond what the manufacturer is responsible for.

While the manufacturer must place compliant machines on the market, operational safety depends primarily on the user: operating the machine correctly, carrying out regular checks, maintenance, and inspections to ensure ongoing safety over time.

The responsibility of the end user to keep a machine safe is a key concept — especially in classified hazardous areas — and every user must be fully aware of it.

Excen believes in speaking openly about risks and responsibilities — not to create alarm, but to make users more aware and better prepared. Spreading this technical culture means making clear that safety depends on everyone's actions, not on a one-time purchase of a certified machine. It is a continuous process, and Excen is committed to supporting its customers throughout this journey: providing safe machines and ongoing support to protect people, the environment, and business investments.

Who is responsible for what?

The safety of an ATEX machine depends on two main parties — sometimes three — each governed by different regulations.

THE MANUFACTURER

The manufacturer guarantees the machine at the point of production, based on two directives:

• The Machinery Directive (2006/42/EC): governs the placing of machinery on the market and covers the intrinsic safety of the machine at the time of delivery, ensuring it is free from design or manufacturing defects.

• The ATEX Product Directive (2014/34/EU): requires that only machines and components certified for the specific risk zone required by the end user (Zone 1, 2, 21, or 22) are placed on the market, complete with Ex marking and Declaration of Conformity.

THE USER

The user's responsibility covers installation, correct use, and maintaining safety over time. Once a certified machine enters a facility, it is the responsibility of the Employer, Plant Director, and Safety Manager to keep it in optimal condition and ensure the required safety levels are maintained.

The applicable regulation is the ATEX User Directive (99/92/EC, incorporated into EU member state legislation), which sets out responsibilities that begin before the machine is even purchased. Prior to acquisition, the user must:

• assess explosion risks;

• classify the hazardous zones;

• prepare the Explosion Protection Document (EPD);

• ensure that the chosen equipment is suitable for that classification.

  
  

Once the machine arrives, the user must manage its operation and maintenance correctly. If an incident or non-compliance occurs as a result of incorrect use or maintenance, liability falls on the user — not the manufacturer.

THE SELLER AND THE RENTAL COMPANY

The manufacturer is not always the party that supplies the machine to the end user. In such cases, a third party enters the picture: the seller or rental company, who is responsible for providing a machine that is fit for its intended use.

In a rental agreement, the lessor is obliged to deliver a compliant machine with a valid ATEX certification, complete documentation, and in full working order — and to guarantee, or contractually arrange for, regular periodic inspections (monthly, quarterly, and annual).

The lessee, in turn, must carefully review the contract: if routine or extraordinary maintenance is not explicitly assigned to the rental company, it remains the lessee's responsibility. Without periodic ATEX checks, the Safety Manager and Plant Director are directly liable for the failure to maintain the equipment, in violation of applicable health and safety law.

Before signing any agreement, it is therefore essential to clearly establish who is responsible for what in the maintenance log.

The most common user mistakes

Invalidating an ATEX machine's certification is easier than it might seem. It does not require major tampering — small everyday oversights, often unintentional, are enough.

The three most common mistakes are:

• Non-original spare parts. Replacing an Ex-certified component with a standard, non-certified commercial part invalidates compliance immediately. In an ATEX machine, every component is part of the technical file and contributes to the overall safety outcome. If just one component is no longer compliant, the certification of the entire machine lapses. Worn forks, a seat with a deteriorated antistatic coating, intrinsically safe barriers, cable glands, seals, fans replaced with non-certified parts — these all seem minor, but they are not.

• DIY or unqualified maintenance. Work carried out by personnel who are not trained in Ex regulations risks altering the protection methods, reducing safety levels and causing the certification to lapse.

• Daily micro-wear. ATEX certification does not only lapse due to sudden failure. It can also be lost silently, as components age over time. Without a dedicated inspection plan, a machine can lose compliance without anyone noticing.

If incorrect maintenance alters the machine, liability for any resulting incident falls on the end user — who may face criminal responsibility, together with the Employer or Safety Manager.

Operational and financial risks: insurance and machine seizure

A lapsed certification has both technical and financial consequences. A machine that is no longer certified but continues to operate in a hazardous area is both a safety risk and a regulatory non-compliance that can result in sanctions if inspected.

The risk of insurance liability

In the event of an incident in a classified area, insurance companies send technical assessors to determine the cause. If non-compliance attributable to incorrect use or management is found, the insurer may exercise its right of recourse — and the company may be left covering damages entirely out of its own pocket, with no insurance protection.

Machine seizure

Certification can also lapse without any incident occurring. During routine inspections by the relevant authorities, a machine with non-compliant documentation or physical condition can be seized and taken out of service, shutting down entire operational areas. For a plant, a standstill lasting weeks or months often causes greater damage than the fine itself.

A practical checklist to protect your business

Excen recommends three concrete actions that can be implemented immediately to reduce exposure to risk:

• Check documentation at delivery — including for used or rented machines. Always require the CE-ATEX Declaration of Conformity specific to that serial number, together with the operating and maintenance manual. The same rules apply to new and used ATEX equipment alike.

• Set up a Maintenance Register. Every check, inspection, or replacement must be recorded, signed by qualified technicians, and filed. This is the primary legal protection that demonstrates the diligence of the Safety Manager and management in the event of an inspection.

• Train and certify your people. Anyone who carries out work on the machine for after-sales service must be qualified to operate on Ex equipment, with appropriate training and certification — including internal operators and maintenance staff.

Safety: a journey that never ends

Safety in ATEX areas is a continuous process. It begins with choosing the right machine and a reliable partner, and continues with daily care and attention. An approach that translates into real, concrete protection for people, the environment, and the company's investments.

Excen supports businesses throughout this journey with inspections, certified spare parts, expert advice, and maintenance training.

ATEX certification is not a one-time purchase — it is a daily commitment. Just as workplace safety is not a set of externally imposed rules, but a mindset to be built and maintained every day.

You can also read this article on TCE Magazine: https://www.tcemagazine.it/78306/certificazione-atex-guida-pratica-responsabilita-utilizzatore-come-tutelarsi/