Equipment and Product Safety Act (GPSG)

The Equipment and Product Safety Act (Geräte- und Produktsicherheitsgesetz, abbreviated as “GPSG”), which specifies safety requirements for technical work equipment and consumer products, entered into force on 1 May 2004, replacing the 36-year-old Equipment Safety Act (Gerätesicherheitsgesetz or “GSG”).

Products

The GPSG defines a consumer product as any product that, under reasonably foreseeable conditions, can be used by consumers even if not intended for such use. In other words, consumer products also include almost all work equipment.

The term “technical work equipment” only refers to products that are used exclusively for work.

Key content of the Act

Consumer products and technical work equipment must be safe when they are placed on the market. Section 4 of the Act provides the details of what that means. Among other things, the GPSG requires manufacturers to consider not only intended use but also foreseeable misuse of a product since misuse repeatedly causes serious accidents.

Some of the requirements applicable to consumer products exceed the requirements set out in European single market directives. For instance, the GPSG stipulates that electrical equipment must bear the manufacturer’s name and a product ID (see Section 5, GPSG). This requirement is based on the European General Product Safety Directive, 2001/95/EC, which the GPSG transposes into German law.
Manufacturers, their authorised representatives, importers and vendors are required to work closely with the market surveillance authorities. Unsafe products must be reported to the authorities.

The GPSG specifies requirements, for the first time, for trading in second-hand products. This lessens the burden on enterprises that buy second-hand products since the onus is on the seller to ensure that the products at least meet the requirements applicable at the time when they were first placed on the market.

The GS mark for “tested safety” (“Geprüfte Sicherheit”) can be awarded for a wide range of products (e.g. particular accessories, furniture, etc.).

New tasks and duties have been introduced for the market surveillance authorities. In future, they will have to consult with each other and devise a surveillance strategy.

DGUV Test – helping you implement the GPSG

Voluntary testing and certification help manufacturers, importers and vendors meet the requirements of the Equipment and Product Safety Act and avoid product liability claims.

Our customers benefit directly from our decades of experience in safety testing and providing advice during the design phase.

Helpful links

• DGUV Test Information Sheet No 7: Equipment and Product Safety Act (pdf-file)
• Equipment and Product Safety Act (translation)