Provision and Use of Work Equipment Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2306 |
1998 No. 2306
HEALTH AND SAFETY
The Provision and Use of Work Equipment Regulations 1998
Made 15th September 1998
Laid before Parliament 25th September 1998
Coming into force 5th December 1998
The Secretary of State, in the exercise of the powers conferred on him by sections 15(1), (2), (3)(a), (5) and (6)(a), 49 and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 9, 14, 15(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
PART I
INTRODUCTION
Citation and commencement
1. These Regulations may be cited as the Provision and Use of Work Equipment Regulations 1998 and shall come into force on 5th December 1998.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);
“essential requirements” means requirements described in regulation 10(1);
“the Executive” means the Health and Safety Executive;
“inspection” in relation to an inspection under paragraph (1) or (2) of regulation 6—
(a) means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described in the paragraph;
(b) where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose;
“power press” means a press or press brake for the working of metal by means of tools, or for die proving, which is power driven and which embodies a flywheel and clutch;
“thorough examination” in relation to a thorough examination under paragraph (1), (2), (3) or (4) of regulation 32—
(a) means a thorough examination by a competent person;
(b) includes testing the nature and extent of which are appropriate for the purpose described in the paragraph;
“use” in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning;
“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);
and related expressions shall be construed accordingly.
(2) Any reference in regulations 32 to 34 or Schedule 3 to a guard or protection device is a reference to a guard or protection device provided for the tools of a power press.
(3) Any reference in regulation 32 or 33 to a guard or protection device being on a power press shall, in the case of a guard or protection device designed to operate while adjacent to a power press, be construed as a reference to its being adjacent to it.
(4) Any reference in these Regulations to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application
3.—(1) These Regulations shall apply—
(a)
(a) in Great Britain; and
(b)
(b) outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 19952(“the 1995 Order”).
(2) The requirements imposed by these Regulations on an employer in respect of work equipment shall apply to such equipment provided for use or used by an employee of his at work.
(3) The requirements imposed by these Regulations on an employer shall also apply—
(a)
(a) to a self-employed person, in respect of work equipment he uses at work;
(b)
(b) subject to paragraph (5), to a person who has control to any extent of—
(i) work equipment;
(ii) a person at work who uses or supervises or manages the use of work equipment; or
(iii) the way in which work equipment is used at work,
and to the extent of his control.
(4) Any reference in paragraph (3)(b) to a person having control is a reference to a person having control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
(5) The requirements imposed by these Regulations shall not apply to a person in respect of work equipment supplied by him by way of sale, agreement for sale or hire-purchase agreement.
(6) Subject to paragraphs (7) to (10), these Regulations shall not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship).
(7) Where merchant shipping requirements are applicable to a ship’s work equipment, paragraph (6) shall relieve the shore employer of his obligations under these Regulations in respect of that equipment only where he has taken all reasonable steps to satisfy himself that the merchant shipping requirements are being complied with in respect of that equipment.
(8) In a case where the merchant shipping requirements are not applicable to the ship’s work equipment by reason only that for the time being there is no master, crew or watchman on the ship, those requirements shall nevertheless be treated for the purpose of paragraph (7) as if they were applicable.
(9) Where the ship’s work equipment is used in a specified operation paragraph (6) shall not apply to regulations 7 to 9, 11 to 13, 20 to 22 and 30 (each as applied by regulation 3).
(10) Paragraph (6) does not apply to a ship’s work equipment provided for use or used in an activity (whether carried on in or outside Great Britain) specified in the 1995 Order save that it does apply to—
(a)
(a) the loading, unloading, fuelling or provisioning of the ship; or
(b)
(b) the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of the ship.
(11) In this regulation—
“master” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 19953;
“merchant shipping requirements” means the requirements of regulations 3 and 4 of the Merchant Shipping (Guarding of Machinery and Safety of Electrical Equipment) Regulations 19884and regulations 5 to 10 of the Merchant Shipping (Hatches and Lifting Plant) Regulations 19885;
“ship” has the meaning assigned to it by section 313(1) of the Merchant Shipping Act 1995 save that it does not include an offshore installation;
“shore employer” means an employer of persons (other than the master and crew of any ship) who are engaged in a specified operation;
“specified operation” means an operation in which the ship’s work equipment is used—
(a) by persons other than the master and crew; or
(b) where persons other than the master and crew are liable to be exposed to a risk to their health or safety from its use.
PART II
GENERAL
Suitability of work equipment
4.—(1) 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.
(2) In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment.
(3) Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable.
(4) In this regulation “suitable” means suitable in any respect which it is reasonably foreseeable will affect the health or safety of any person.
Maintenance
5.—(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
(2) Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
Inspection
6.—(1) Every employer shall ensure that, where the safety of work equipment depends on the installation conditions, it is inspected—
(a)
(a) after installation and before being put into service for the first time; or
(b)
(b) after assembly at a new site or in a new location,
to ensure that it has been installed correctly and is safe to operate.
(2) Every employer shall ensure that work equipment exposed to conditions causing deterioration which is liable to result in dangerous situations is inspected—
(a)
(a) at suitable intervals; and
(b)
(b) each time that exceptional circumstances which are liable to jeopardise the safety of the work equipment have occurred,
to ensure that health and safety conditions are maintained and that any deterioration can be detected and remedied in good time.
(3) Every employer shall ensure that the result of an inspection made under this regulation is recorded and kept until the next inspection under this regulation is recorded.
(4) Every employer shall ensure that no work equipment—
(a)
(a) leaves his undertaking; or
(b)
(b) if obtained from the undertaking of another person, is used in his undertaking,
unless it is accompanied by physical evidence that the last inspection required to be carried out under this regulation has been carried out.
(5) This regulation does not apply to—
(a)
(a) a power press to which regulations 32 to 35 apply;
(b)
(b) a guard or protection device for the tools of such power press;
(c)
(c) work equipment for lifting loads including persons;
(d)
(d) winding apparatus to which the Mines (Shafts and Winding) Regulations 19936apply;
(e)
(e) work equipment required to be inspected by regulation 29 of the Construction...
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