Electric fans

'Salford retailer fined £750 plus costs for supplying an unsafe fan'

'Manchester importer fined £1500 plus costs for supplying unsafe fans'

Both of these headlines are based on fact, not fiction. Do you want to avoid headlines and fines like these relating to your business? If you do, read on. These guidance notes are designed to help you.

What laws cover the sale of electric fans?

The Electrical Equipment (Safety) Regulations 1994 lay down certain safety principles that all electrical equipment first supplied within the European Union after 1 January 1997 must satisfy completely. Until that date, they were allowed to comply with the Low Voltage Electrical Equipment (Safety) Regulations 1989. They should also comply with the Electromagnetic Compatibility Regulations 1992. Both sets of regulations also require that goods that they cover, such as fans, bear the CE mark.

In practical terms, what should I be looking for?

In recent years there have been a number of fans with obvious, visual defects. These include:

• guards covering the blades which have gaps so big that a finger could easily touch the moving blades
• fan guards which could be removed without using a tool
• finger trapping hazards between moving parts of the fan
• insufficient insulation on the mains lead, including flexes which have only basic insulation, i.e. one layer of insulation covering the metal conductor
• access to the internal wiring without the use of tools, either by peeling off labels which are not properly attached, by removing plastic panels which do not have enough securing screws or by pulling off the covers of push button controls
• incorrect plugs, for example two pin plugs, or no plug at all

In addition to the above obvious defects, what other defects have been found?

There have been a number of other defects found on fans, including:

• inadequate instructions or no instructions at all
• inadequate earthing
• fans which were found to be unstable when placed on a slight slope - this was more of a problem with pedestal fans but could occur on some desk fans

What should I do to safeguard myself?

• Ideally, have one tested for compliance before supplying
• If you think the above is not practical, ask to see and take copies of any test certificates your supplier may have
• Carry out what checks you can
  Can you touch the blades with your finger?
  Can you feel any holes beneath stuck on panels/labels?
  Are there instructions provided with the fan?
  Does the fan have the correct wiring?
  Is there a plug attached and is it a 3 pin plug with insulation at the base of the live and neutral pins?
  If the plug is the two pin type, does it come supplied with a three pin adapter?

Can I rely on the fact that the manufacturer or importer claims it complies with BS 3456?

No. The experiences of 1995 and 1996 have shown that some importers and manufacturers have made such claims for fans that do not comply with the BS.

What about suppliers who sell "for export only"?

If you buy a fan which is unsafe from a supplier who tells you it is "for export only" and you sell it to a consumer, you will be committing an offence. If you are offered fans on such terms, contact your local trading standards department and give them the chance to investigate whether the supplier is committing an offence.

What if I ignore the advice in these notes?

There are a number of repercussions for anyone who supplies fans which do not comply with the legislation:

• your stocks can be seized or their supply suspended and they can be ordered to be destroyed by the courts
• you can face prosecution and a fine of up to £5000, or 6 months in prison, or both
• you can face being named in the kind of publicity headlined above

What if I am unsure about a proposed purchase?

Contact your local trading standards officer at the address below. They will give you what assistance they can, based on the information they have at the time. The fact that you have contacted them for advice prior to supplying the item may help you establish a defence should there prove to be a problem with the item.

You must remember that they cannot test the item for compliance, they can only comment on obvious defects. It is your responsibility to have the item tested if you are in any doubt as to its compliance with the regulations. If that is not possible then do not purchase any you are doubtful about.

Please note that this information is for guidance only and is not a full interpretation of the law which only a court of law can give.

This page was last updated on 8 December 2011