Legal Requirements
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."
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.
Adlitil Ltd
PAT Testing Services in Sussex