Health & Safety Regulations

Portable Electrical Appliance Testing was introduced so that all places of work and accommodation, large or small, conform with the Electricity At Work Regulations, introduced in April 1990 under The Health And Safety At Work Act 1974.

Portable Appliance Testing (commonly referred to as PAT testing) is an important part of any health & safety policy.

The Health & Safety Executive statistics show that 25% of all reportable electrical accidents involve portable appliances.

The Electricity at Work Regulations place a legal responsibility on employers, employees and self-employed persons to comply with the provisions of the regulations and take reasonably practicable steps to ensure that no danger results from the use of such equipment. This in effect requires the implementation of a systematic and regular program of maintenance, inspection and testing.

The Health  & Safety at Work Act (1974) places such an obligation in the following circumstances:

• Where appliances are used by employees.

• Where the public may use appliances in establishments such as hospitals, schools, hotels, shops etc.

• Where appliances are supplied or hired.

• Where appliances are repaired or serviced.

The Legal Requirements for the Inspection and Testing of  Portable Electrical Appliances.

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 state: "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 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.

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."

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.

Failure to Comply Penalties
The following information was obtained from our local Health and Safety Authority

Prosecution of business duty holders who fail to comply could result in the following :-
If the case goes through a sheriff court :
A fine of up to £20,000.

If the case goes through a high court because of indictment.
The fine is UNLIMITED and a maximum prison sentence of  TWO YEARS.

In either of the above cases there is provision for an additional penalty for each day that the offence continues