Legal Requirements for Portable Appliance Testing

Tags: PAT Testing,
Date: Wed 11 Nov 2015

The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and employee.

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.

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 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 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."

The responsibility on the employer to ensure work equipment is safe is also covered by The Provision and Use of Work Equipment Regulations 1998. This states that "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)). This includes all work equipment (fixed, portable or transportable) connected to a source of 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. These cover the 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.