LEGISLATION

The Health and Safety at Work Act 1974. The HSWA 1974 places a duty upon employers to secure ' the health, safety and welfare of persons at work' and also any other persons connected with ' the activities of persons at work'.

Under S.2. HSWA, an employer has a duty for ' the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health'.

S.3. HSWA places a duty upon an employer or self employed person to secure the health and safety of persons ' not in his employment'. Collectively, the provisions laid down in The Health and Safety at Work Act 1974, place a duty upon all employers, self employed persons and organisations which have premises that are open to the public, to ensure that persons working within or using their premises or facilities are safe.

The Electricity at Work Regulations 1989. S.4(2) EAW regs 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'. S.4.(4) provides that electrical equipment shall be 'maintained in a condition suitable for that use'. It can be seen that The Electricity at Work Regulations 1989 places a duty upon employers and owners to ensure that all electrical systems and equipment are regularly inspected and (if need be) repaired to ensure that they are safe to use.

The Provision and Use of Work Equipment Regulations 1998. S. 4. of PUWER 1998 covers Suitability of Work Equipment. It is the duty of every employer to: S.4.(1) ' ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided'. S.4(2) covers the duty of employers to carry out risk assessments with regards to ' the health and safety of persons which exist in the premises'. Clearly, employers have a duty, not only to employees, but also to any visitors to their premises.

S.5. Covers Maintenance. Under S.5.(1) 'Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair'. S.5(2) provides that maintenance logs be kept up to date.

S.6. Covers Inspection Under S.6(1) Every employer shall ensure that work equipment is inspected: (a) ' after installation and before being put into service' (b) ' after assembly at a new site or location'. It can be seen that even new equipment should be inspected before use. Equipment moved to a new location should be inspected to ensure that it has been properly assembled and has not been damaged during transit. S.6(2) places a duty on every employer to ensure that work equipment subject to deterioration is inspected at: S.6(2)(a) ' suitable intervals' S.6(2)(b) 'each time that exceptional circumstances which are liable to jeopardise the safety of work equipment have occurred'. Put simply, section 6 of PUWER 1998, provides that electrical systems and equipment be regularly inspected and tested to ensure that they are safe for use and that additional inspection and testing is necessary after possible damage due to fire, flood etc.

The inspection and testing should be carried out by a ' competant person', this being a person with the necessary skills, experience and qualifications (S.2. PUWER 1998).

LIABILITY.

Liability for a breach in health and safety can be criminal and/or civil. The Health and Safety Executive have the power to inspect premises during 'any reasonable time' or at any time should they suspect a dangerous situation. The HSE have the power to shut down premises that are deemed unsafe by issue of a prohibition notice, or to order repairs/improvements within a given time, by the issue of an improvement notice. Individuals within the business may be held personally liable - managers, health and safety personnel etc. Summary offences -  these are offences tried by the magistrates court, carry a maximum fine of £20'000 and/or 6 months imprisonment. Indictable offences -  ie offences tried by the crown court - fine is unlimited, with  maximum imprisonment for life.

Electrical Safety Inspection and Testing.

Portable Appliance Inspection and Testing (PAT Testing) is the periodic inspection and testing of 'portable' electrical appliances. . The word 'portable' is somewhat misleading because this category includes large electrical items such as freezers, washing machines etc. and includes any electrical equipment that is not permanently connected/fixed to the electrical supply.

Essential Electrical Services follow the IEE codes of practice for in service inspection and testing of portable electrical appliances and will be delighted to discuss your individual requirements with regard to frequency of testing, documentation and any other legal queries. Naturally, all inspection and testing is carried out by City and Guilds qualified engineers, using fully recordable test equipment and procedures.

Fixed Installation Testing - Periodic Inspection and Testing Reports (PIR's). This is the periodic inspection and testing of the permanent electrical supply/circuits. Essential Electrical Services follow BS7671 - IEE Wiring Regulations for electrical installations. Our City and Guilds 2391engineers are fully qualified to inspect and test fixed wire installations. Full documentation and certification supplied. All business and public premises, as well as rented residential accomodation require periodic inspection and testing , the frequency depends upon the type of premises.We will be pleased to advise on the frequency of inspection and testing for your premises. We hope that you have found our legal page helpful, but if you are still unsure about any legal, electrical issues, we will be pleased to offer individual advise.

The Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire safety) Order 2005 places a duty on employers (as a 'responsible person') to carry out an annual risk assessment in order to ensure the safety of all persons he/she is responsible for. The Order requires employers to compile a policy document detailing safety procedures in relation to fire safety, which will include staff training procedures and evacuation drills training. Further information on this subject is available on our emergency lighting page.

The above information has been compiled by a partner of Essential Electrical Services who holds a Degree in English Law and has extensive knowledge concerning electrical legislation.

The 'Small Print'. Materials and information contained within this website are subject to copyright and other proprietary rights. Disclaimer: Whilst we endeavor to ensure that all information contained within this website is accurate and up to date, Essential Electrical Services (UK) LLP accept no responsibility for errors, omissions or third party losses resulting from reliance on the information contained within this website.