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legislation (the law)

It doesn't matter what your business is, legislation of some description will govern what you can and can't do. It doesn't matter on the size of your business, whether you're a one man band or a CEO of a national company - with respect to health and safety; in particular - electricity in this context, you need to be aware of the several pieces of legislation which cover electrical equipment and its safety.
On the top level, you have the Health & Safety at Work Act (1974), which acts as a blanket for many aspects of H&S, but you may be aware or, not, of Electrical specific Legislation.

                                                                                                     here's a brief summary:

Health & Safety at Work Act 1974


Section 2 of the Health and Safety at Work Act 1974 puts on employers a general duty of care to their employees. Specifically:

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees:

(2) without prejudice to the generality of an employer's duty under the preceding subsection, the matters to which that duty extends include in particular;

(a) the provision and maintenance of plant and systems at work that are, so far as is reasonably practicable, safe and without risks to health;

Employers also have general duties to persons other than their employees as described in Section 3(1).

Section 7 of the Act imposes general duties on employees at work as follows:

It shall be the duty of every employee while at work:

1 to take reasonable care for the health and safety of himself and other persons who may be affected by his acts or omissions at work; and

2 as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

The Health and Safety at Work etc. Act 1974 is all-embracing, requiring all those concerned with an undertaking to do all that is reasonable to ensure the health and safety not only of persons directly employed, but other persons who may be associated with the work undertaken by the business. The requirements of the Act are general and widely applicable. 

Electricty At Work Act 1989


The purpose of the Electricity at Work Regulations 1989 is to prevent death or injury to anyone from any electrical cause as a result of, or in connection with, work activities.

The regulations impose duties upon employers, self-employed persons and employees while at work etc. Regulation 4 is so significant that it is worth quoting in full:

Systems, work activities and protective equipment.

1 All systems shall at all times be of such construction as to prevent, so far as is reasonably practicable, danger.

2 As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.

3 Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise, so far as is reasonably practicable, to danger.

4 Any equipment provided under these regulations for the purpose of protecting persons at work on or near electrical equipment shall be suitable for the use for which it is provided, be maintained in a condition suitable for that use, and be properly used.

The Electricity at Work Regulations apply to all electrical equipment from battery hand lamps to 400KV transmission lines, the source of energy, the distribution systems and the current-consuming equipment are al covered.

The Regulations include specific requirements for the strength, capability, suitability, insulation, earthing, protection against current and isolation of electrical systems.
They also extend to work and new associated with such systems, such as near overhead power lines. There are requirements for precautions to be taken before working on equipment made dead, and for work on or near live or charged conductors.

A memorandum of Guidance or the Electricity at Work Regulations is available and includes the text of the Regulations as well dice as advice to aid compliance.

Management of Health & Safety at Work Regulations 1999


Regulation 3 of the Management of Health and Safety at Work Regulations 1999 requires all employers and self-employed persons to assess the risks to workers and others who may be affected by their undertaking. Employers with five or more employees should also record the significant findings of that assessment. Guidance on the Management of Health and Safety at Work Regulations 1999 can be found in the Approved Code of Practice & Guidance published by the Health and Safety Executive. The Code has special legal status; if you follow its advice you will be doing sufficient to comply with the law in respect of matters on which the Code gives advice. Failure to do so can lead to successful prosecution for breach of Health and Safety law. The Code is essential reading, not just for employers and managers but also for everyone with responsibility for other people in the workplace (see Regulation 14(2)).

This legislation requires an organization to:

1 Assess the risks to all persons associated with their electrical equipment, identifying the significant risks, e.g., portable equipment used out of doors, and make a record of the assessment.

2 As appropriate, appoint a competent person to take responsibility for electrical maintenance including inspection and testing, ensuring that the person given this responsibility is competent in that he or she has sufficient training and experience, knowledge and other qualities to enable him or her properly to support the organization.

Provision and Use of Work Equipment Regulations 1998 


II.4.1 General

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 (EAW Regulations) is likely to achieve compliance with PUWER Regulations 5-9, 19 and 22.

PUWER applies only to work equipment used by workers at work. This includes all work equipment (fixed, portable or transportable) connected to a source of electrical energy. PUWER does not apply to the fixed installations in buildings. The electrical safety of these installations is dealt with only by the EAW Regulations.

II.4.2 Maintenance

Regulation 5(1) of PUWER requires employers to ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair. This is consistent with the requirement in Regulation 4(2) of the EAW Regulations that systems shall be maintained to prevent danger.

Regulation 5(2) of PUWER requires employers to ensure that, where any machinery has a maintenance log, the log is kept up to date. Neither PUWER nor the EAW Regulations specifically require a maintenance log to be kept for machinery, but it is good practice to keep a log or record of maintenance. Records of visual checks of plugs, cables etc. carried out by users of electrical machinery would not normally be considered to constitute a maintenance log. However, if formal records of maintenance of electrical machinery are kept in a maintenance log, then that log shall be kept up to date.

II.4.3 Inspection of work equipment that poses electrical risks

Regulation 6 of PUWER introduces a specific requirement for the inspection of work equipment. The Approved Code of Practice & Guidance L22, Safe Use of Work Equipment, notes at paragraph 136 that:

Where the risk assessment under Regulation 3 of the Management of Health and Safety at Work Regulations 1999 has identified a significant risk to the operator or other workers from the installation or use of work equipment, a suitable inspection should be carried out.

Note that, although the 1992 Regulations have since been replaced by the 1999 Regulations, the requirements for risk assessment have not changed.

Inspection is required for work equipment

> after installation and before being put into service for the first time, or after assembly at a new site or in a new location

> at suitable intervals where it is exposed to conditions causing deterioration, which is liable to result in dangerous situations, and each time that exceptional circumstances, which are liable to jeopardize the safety of the work equipment, have occurred.

The risk assessment carried out under the Management of Health and Safety at Work Regulations 1999 will determine whether there are significant electrical risks that might justify an inspection under PUWER. If there are significant electrical risks then a competent person, probably the person who is trained to inspect visually and maintain the electrical equipment under the EAW Regulations, is required to inspect the equipment and record the results of the inspection under PUWER.

The above requirement of Regulation 6 in PUWER is consistent with the requirement in Regulation 4(2) of the EAW Regulations that all electrical systems shall be maintained to prevent danger, so far as is reasonably practicable. Guidance on the EAW Regulations has always stressed the importance of inspection, testing and record keeping if justified by the risk. This is consistent with the more specific requirements of PUWER

II.4.4 Specific risks

Regulation 7 of PUWER imposes requirements for the use, repair, modification, maintenance or servicing of work equipment in high-risk situations, such as where a Permit to Work system may be appropriate. This is consistent with the requirements in Regulations 4(3), 13 and 14 of the EAW Regulations and guidance given previously on those Regulations.

II.4.5 Information and instructions

Regulation 8 of PUWER requires employers to provide to people who use work equipment adequate health and safety information and, where appropriate, written instructions about the equipment that they use. This duty extends to providing information and instructions about any electrical risks that are present. Details of what is needed are set out in the Regulation and the supporting guidance in the Approved Code of Practice L22. This is consistent with the requirements of Regulations 4(3) and 16 of the EAW Regulations.

II.4.6 Training

Regulation 9 of PUWER requires employers to ensure that all persons who use work equipment have received adequate training for the purposes of health and safety. This is consistent with the requirements of Regulations 4(3) and 16 of the EAW Regulations.

II.4.7 Isolation from sources of energy

Regulation 19 of PUWER requires employers to ensure that, where appropriate, work equipment is provided with suitable means to isolate it from all sources of energy and to take appropriate measures to ensure that reconnection of any energy sources does not expose any person using work equipment to any risk to his/her health and safety. This is consistent with the requirements of Regulations 12 and 13 of the EAW Regulations.

II.4.8 Maintenance operations

Regulation 22 of PUWER requires employers to take appropriate measures to ensure that work equipment is so constructed or adapted that, so far as is reasonably practicable, maintenance operations that involve a risk to health and safety can be carried out while the equipment is shut down. Where this is not reasonably practicable, employers should ensure that maintenance operations can be carried out without exposing the person carrying them out to a risk to his/her health and safety, or appropriate measures should be taken for the protection of any person carrying out maintenance operations that involve a risk to his/her health and safety. This is consistent with the requirements of Regulations 4(3), 13 and 14 of the EAW Regulations.

The Housing Act 2004


The Housing Act 2004 (England & Wales) came into force in April 2006, introducing major changes to the way privately rented homes are assessed and regulated. One important change was the introduction of a new method of risk assessment for residential properties called the housing health and safety rating system (HHSRS). A new licensing scheme for Houses in Multiple Occupation (HMOs) was also introduced.

The Housing Health & Safety Rating system (England) Regulations 2005 (SI 2005) has been developed to assess all hazards may be present in a residential property and ‘provide a safe and healthy environment for any potential occupiers or visitors’. From an electrical perspective, this includes portable electrical equipment.

The condition of associated leads and plugs of portable appliances should also be taken into account in the assessment if they are provided as part of the rented dwelling.

Portable appliance testing is one way of ensuring equipment is safe for continued use Guidance from Communities and Local Government (CLG) indicates that when accommodation is re-let, the electrical appliances will be classed as being supplied to the tenant for the first time and should therefore be re-checked.

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