Regulations
There
are 4 key Health & Safety Regulations that apply to portable
appliance safety.
These
are:-
- The
Health & Safety at Work Act 1974
- The
Electricity at Work Regulations 1989
- The
Provisions and Use of Work Equipment Regulations 1998
- Management
of Health & Safety at Work Regulations 1999
The Health & Safety at Work Act 1974
The Health
& Safety at Work Act 1974 puts the duty of care upon both
employer and employee to ensure the safety of all persons
using the work premises. (This includes the self employed.)
It states
“It shall be the duty of every employer to ensure, so
far as is reasonably practicable, the health, safety and welfare
at work of all his employees”
Section
(2a) of the Act states;
“The provision and maintenance of plant and systems
at work that are, so far as reasonably practicable, safe and
without risks to health.”
The Electricity at Work Regulations 1989
The Electricity
at Work Regulations 1989 is an Act of Parliament and is therefore
the law. Whether you are an employer, employee or self employed
you are, by definition of the EAWR 1989, a duty holder and
are required to comply with the provisions of the law.
The purpose
of the Electricity at Work Regulations 1989 is to prevent
death or injury to anyone from any electrical cause as a result
of or in connection with work activities.
Regulation
4(2) states “As may be necessary to prevent danger,
all systems shall be maintained so as to prevent, so far as
is reasonably practicable such danger”
The Electricity
at Work Regulations 1989 is different to almost every other
law in the respect that you are assumed to be guilty and have
to prove your innocence. The best way of proving your innocence
or “all due diligence” is to carry out routine
inspection and testing of all of your equipment.
See the
full Regulations
The Provisions and Use of Work Equipment Regulations 1998
The Provisions
and Use of Work Equipment Regulations 1998 cover most risks
that can result from using work equipment. PUWER applies only
to work equipment used by workers at work. This includes all
work equipment including (fixed, portable or transportable)
connected to a source of electrical energy.
Regulation
5 (2) of PUWER requires employers to ensure that work equipment
is maintained in an efficient state, in efficient working
order and in good repair. This is consistent with the requirements
of regulation 4 (2) of the EAWR 1989 in that systems will
be maintained to prevent danger.
See the
full Regulations
Management of Health & Safety at Work Regulations 1999
This Regulations
has 2 main requirements;
1. Assess
the risks to all persons associated with their electrical
equipment, identifying the significant risks, e.g. portable
equipment used out of doors and make a record of the assessment.
2. As appropriate, appoint a competent person to take responsibility
for electrical maintenance including inspection and testing;
ensuring that the person given this responsibility is competent
in that he or she has sufficient training, knowledge and other
qualities to enable him or her properly to support the organisation.
See the full Regulations
The above
are just a summary of the key points of the regulations.
For full
details please see The Office of Public Sector Information
- www.opsi.gov.uk
In addition to the above, there are several guidance notes
on appliance testing and, more specifically, the IEE Code
of Practice which forms the basis for PAT testing procedures.
Guidelines
& IEE Code of Practice
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