The legislation of specific relevance to electrical maintenance is the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999, the Electricity at Work Regulations 1989, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998.
The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.
The Management of Health & Safety at Work Regulations 1999 states:
“Every employer shall make suitable and sufficient assessment of:
- (a) the risks to the health and safety of his employees to which they are exposed whilst at work, and
- (b) 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.”
The Provision and Use of Work Equipment Regulations 1998 states:
- “Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”
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.
The Electricity at Work Regulations 1989 states:
- “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.”
Scope of the legislation
It is clear that the combination of the HSW Act 1974, the PUWER 1998 and the EAW Regulations 1989 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.
- The Health & Safety at Work Act 1974
- The Management of Health & Safety at Work Regulations 1999
- The Electricity at Work Regulations 1989
- The Provision and Use of Work Equipment Regulations 1998
Who is Responsible
The Provision and Use of Work Equipment Regulations 1998 (PUWER) requires, every employer to ensure that work equipment is suitable for the purpose for which it is provided, only used in the place and under the provisions for which it is provided. It also requires every employer to ensure work equipment be efficiently maintained and kept fit and suitable for its intended purpose. It must not be allowed to deteriorate in function or performance to such a leval that it puts people at risk. This means that regular, routine and planned maintenance regimes must be considered if hazardous problems can arise.
Regulation 3 of the Electricity at Work Regulations 1989 recognises a responsibility that employers and many employees have for electrical systems.
- “It shall be the duty of every employer and self employed person to comply with the provisions of the Regulations in sar far as they relate to matters which are within his control.
It shall be the duty of every employee while at work:
- (a) to co-operate with his employer so far as is necessary to enable and duty placed on that employer by the provision of the Regulations to be complied with: and
- (b) to comply with the provision of these regulations in so far as they relate to matters which are within his control.”
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