Legislation

Electrical equipment is required to be properly maintained so as to prevent danger. Inspections and tests are necessary.

The legislation relevant to electrical maintenance;

The Health and Safety at Work etc. Act 1974

This Act puts a duty of care upon both employer (Sections 2, 3 and 4 etc.) and employee (Section 7) to ensure the safety of all persons using the work premises. This includes the self-employed.

The Management of Health and Safety at Work Regulations 1999

These regulations 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 while 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 understanding (Regulation 3(1)))

The Provisions and Use of Work Equipment Regulations 1998

These regulations 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 is likely to achieve compliance with PUWER Regulations 5-9, 19 and 22

PUWER only applies 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 tot the fixed installations in a building. The electrical safety of these installations is just one of the issues dealt with by the Electricity at Work Regulations.

Regulations 4 of the PUWER requires the employer to ensure that equipment is only used for operations and under conditions for which it is suitable.

The Electricity at Work Regulations 1989

These regulations apply to electrical equipment as defined in the Regulations, which includes every type of electrical equipment from, for example, a 400 kV overhead line to a battery-powered hand lamp. It is appropriate for the Regulations to apply even at the very lowest end of the voltage or power spectrum because the Regulations are concerned with, for example, explosion risks that may caused by very low levels of energy igniting flammable gases even though there may be no risk of electric shock or burn. Thus no voltage limits appear in the Regulations. The criterion of application is the test as to whether ‘danger’ (as defined) may arise.

Electrical equipment (as defined) includes conductors used to distribute electrical energy such as cables, wires and leads and those used in the transmission at high voltage of bulk electrical energy, as in the national grid.

Workplace (Health, Safety and Welfare) Regulations 1992

These regulations require that every employer shall ensure that the workplace equipment, devices and systems are maintained. This includes keeping the equipment devices and systems in an efficient state, in efficient working order, and in good repair. Where appropriate, the equipment devices and systems shall be subject to a suitable system of maintenance.

The scope of the Workplace (Health, Safety and Welfare) Regulations is somewhat different from the Electricity at Work Regulations. The Electricity at Work Regulations are basically concerned with ensuring that an electrical installation is in a safe condition and that work performed on an electrical installation is done in a safe manner. They do not deal with the consequences of mal-operation of the electrical system. However, the Workplace Regulations are concerned with the consequences of equipment and system failures. For example, although a malfunctioning emergency lighting system may not in itself be an electrical hazard, there is a potential hazard if there is no emergency lighting. These regulations impose maintenance regimes upon such systems as emergency lighting, fire alarms, powered doors, escalators and moving walkways that have electrical power supplies. The Regulations are not limited to electrical systems but also include equipment such as fencing, equipment used for window cleaning, and devices to limit the opening of windows etc. The approved code of practice to the Workplace Regulations states that the maintenance of work equipment systems are clearly well addressed in the Electricity at Work Regulations and the maintenance of work equipment in the Provisions and Use of Work Equipment Regulations 1998.

Scope of the legislation

The Health and Safety at Work etc Act 1974, the Provision and Use of Work Equipment Regulations 1998 and the Electricity at Work Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems, be they 400 kV of those in buildings, down to the smallest piece of electrical equipment such as a hairdryer, a VDU, a telephone or even in some situations battery-operated equipment.

Who is responsible?

Everyone at work has responsibilities including, in certain circumstances, trainees. However, because of all the all-embracing responsibilities of all the persons this does not minimize the duties of particular persons. Regulation 3 of the Electricity at Work Regulations recognises a responsibility (control) 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 these Regulations in so far as they relate to matters that are within his/her control.

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

1.    Cooperate with his/her employer so far as is necessary to enable any duty placed on that employer by the provisions of these regulations to be complied with, and

2.    Comply with the provisions of these regulations in so far as they relate to matters that are within his/her control.

The Provisions and Use of Work regulations 1998 require every employer to ensure that equipment is suitable for the use for which it is provided (Regulation 4(1)) and only used for work for which it is suitable (Regulation 4(3)). They require every employer to ensure equipment is maintained in good order (Regulation 5) and inspected as necessary to ensure it is maintained in a safe condition (Regulation 6).

This Code of practice considers normal business premises such as shops, offices and workplaces and restricts advice to non-specialist installations and equipment that are commonly encountered.

Maintenance

Regulation 4(2) of the Electricity at Work Regulations 1989 states:

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 5 of 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.