Inspection and Testing of Electrical Appliances is in effect a legal requirement – many people say that the law doesn’t state you have to get PAT Tested, and when we use the phrase ‘PAT Testing’ then those people are very correct.
Ultimately the HSE does say you do need to get your electrical appliances checked for safety on a regular basis. How often, and which items is determined by your health and safety policy, risk assessment and ultimately the advice of a PAT testing company.
However, various laws and acts do state that certain things have to be done or addressed to ensure the laws and acts are adhered to. These things that they ask for include a recorded maintenance system for electrical items, a record of testing of electrical items, and inspection and testing of electrical items.
It is in these instances that you do require a certificate of Inspection and Testing of Electrical Appliances (PAT Testing Certificate) and a record of the testing completed (results of the testing).
The main laws and acts that have relevance to electrical items are:
The Health and Safety at Work Act 1974
The Health & Safety at Work Act 1974 places 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.
*ensuring electrical appliances are safe to use is part of this – a PAT test will ensure that, and give evidence to support it.
The Management of Health and Safety at Work Regulations 1999
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."
*By having a PAT testing programme in place the employer will know that they have ensured there are no risks
The Electricity at Work Regulations 1989
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."
*electrical equipment has to be safe from danger – only a PAT Testing certificate will prove that you have taken this action.
The Provision and Use of Work Equipment Regulations 1998
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.
*A PAT test will not only ensure this to be correct but the certificate will prove it. In order to comply with this the employer needs to be able to ensure that all equipment used by staff is safe, whether this be a hairdryer, kettle, computer or circular saw
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.
Scope of the legislation
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.
The Health & Safety at Work Act 1974
The Management of Health & Safety at Work Regulations 1999
The Electricity at Work Regulations 1989
The Provision and Use of Work Equipment Regulations 1998
