Legislation
There are four main sections of legislation
that are applicable to the "Inspection and testing of
in-service electrical equipment" or commonly referred
to as "PAT Testing" for short.
They are as follows:
- The Health & Safety at Work Act 1974 (H&SWA)
- The Management of the Health & Safety at Work Act
Regulations 1999
- The Provision & Use of Work Equipment Regulations 1998 (PUWER)
- The Electricity at Work Regulations 1989 (EAWR)
The Health & Safety at Work Act 1974 (H&SWA)
The Health and Safety at Work etc. Act 1974
puts a duty of
care upon both employer and employee to ensure the safety of all persons using
the work premises. This includes the self-employed.
The Management of the Health & Safety at
Work Act Regulations 1999
The
Management of Health and Safety at Work Regulations 1999
state:
"Every employer shall make a suitable and sufficient
assessment of
-
(a) the risks to the health and safety of his employees to
which they are exposed whilst they are at work, and
-
(b) the risks to the health and safety of persons not in
his employment arising out of or in connection with the conduct by him of
his undertaking ". (Regulation 3(1))
Simply put, this act requires that every employer carry
out suitable risk assessments to ensure that both employees and others are not
subject to danger. This is required in order to be able to effectively implement
the (H&SWA)
The Provision & Use of Work Equipment
Regulations 1998 (PUWER)
The PUWER 1998 requires that all work equipment be constructed
in such a way to ensure that it is suitable for the purpose for which it was
intended to be used. The responsibility for ensuring that this requirement is
met is that of the employer.
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 the purpose for which it is used or
provided". (Regulation 4(1)
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
cover most risks that can result from using work equipment. With respect to
risks from electricity, compliance with the Electricity at Work Regulations 1989
(EAWR) is likely to achieve compliance with PUWER regulations 5-9, 19 and 22.
PUWER only applies to work equipment that may be used by workers at
a place of work. The term "work equipment" is seen to include all work equipment
whether fixed, portable or transportable that is connected to a source of
electrical energy.
PUWER does not apply to the fixed installations of a building or
workplace as the electrical safety of these installations is dealt with only by
the Electricity at Work Regulations.
The Electricity at Work Regulations 1989
(EAWR)
These regulations are particularly relevant to the inspection
and testing of in-service electrical equipment.
The
Electricity at Work Regulations 1989
state:
"As may be necessary to prevent danger, all systems shall
be maintained so as to prevent, so far as is reasonably practicable, such
danger". (Regulation 4(2))
'''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". (Regulation
2(1))
"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". (Regulation 2(1)
There are two main definitions in the EAWR being:
- The Electrical System
- The Duty Holder
The Electrical System
This term is a very encompassing one as the EAWR describes it
as being anything that is able to use, generate, store or transmit electrical
energy. As can be clearly seen this would cover pretty much any item that may be
used or connected in any way to a source of electrical energy.
The Duty Holder
The Duty Holder is deemed to be anyone (employee, employer,
self-employed etc) that has "Control" of an electrical system. Control in this
context is seen to mean design, installation, working with or maintenance of
such a system.
Additionally Duty holders have a legal responsibility to
ensure both their own safety and that of others whilst in control of a
electrical system
Although the inspection and testing is not specifically
referred too in the EAWR there is a requirement that such systems are
"Maintained" in a condition so as not to cause danger. Therefore this
requirement must be met and adhered too and thus there is a need for regular
planned inspection and testing in order to identify as and when maintenance is
required.
Regulation 16 of the EAWR 1989
This regulation in particular should be
mentioned as it is "absolute", meaning that regardless of
time or costs involved it has to be complied with. The
regulation also outlines the requirement for the person
responsible to be "Competent"
Scope of the legislation
It is
clear that the combination of the H&SWA 1974, the PUWER 1998 and the EAWR 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.
Further information regarding the legislation detailed
above and links to other sources of information can be found on out "Links"
page.
YOUR SAFETY IS OUR CONCERN
|