The Legal Requirements & Legislation....
The Health & Safety at Work Act 1974
The Health & Safety at Work Act 1974 is the basis of all Health and Safety Legislation in the UK.
The law is all encompassing and sets out the general obligations that:
Employers have towards their employees and members of the public and employees have for themselves, each other and members of the public.
The law requires that an assessment of risk is made and that reasonably practicable measures are put in place to minimise any risk.
The Management of Health & Safety at Work Regulations 1999
The Management of Health & Safety at Work Regulations 1999 state:
Every employer shall make suitable and sufficient assessment of:
- the risks to the health and safety of his employees to which they are exposed whilst at work, and
- the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking.
Again it is clear that an assessment of risk has to made and reasonably practicable steps taken to minimise such risk.
The Electricity at Work Regulations 1989
The Electricity at Work Regulations 1989 state:
All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger. As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger. 'System' means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment. 'Electrical Equipment' includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy
It is clear that these regulations require a regime of testing and inspection to maintain portable appliances in a safe condition.
The Provision and Use of Work Equipment Regulations 1998
The Provision and Use of Work Equipment Regulations 1998 state:
Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for which it is provided.
The PUWER 1998 covers most risks that can result from using work equipment. With respect to risks from electricity, compliance with the Electricity at Work Regulations 1989 is likely to achieve compliance with the PUWER 1998.
PUWER 1998 only applies to work equipment used by workers at work. This includes all work equipment (fixed, transportable or portable) connected to a source of electrical energy.
PUWER does not apply to fixed installations in a building. The electrical safety of these installations is dealt with only by the Electricity at Work Regulations.
Scope of the legislation....
It is clear that the combination of the Health & Safety at Work Act 1974, the Provision and Use of Work Equipment Regulations 1998 (PUWER) and the Electricity at Work Regulations 1989 (EAWR) apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment. It is clear that there is a requirement to inspect and test all types of electrical equipment in all work situations.