Provision and Use of Work Equipment Regulations 1992
| Jurisdiction | UK Non-devolved |
| Citation | SI 1992/2932 |
| Year | 1992 |
1992 No. 2932
HEALTH AND SAFETY
The Provision and Use of Work Equipment Regulations 1992
Made 17th November 1992
Laid before Parliament 30th November 1992
The Secretary of State, in the exercise of the powers conferred on her by sections 15(1), (2), (3)(a), (5)(b) and (9), and 82(3)(a) of, and paragraphs 1(1), (2) and (3), 13(1) and 14 of Schedule 3 to, the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and of all other powers enabling her in that behalf and for the purpose of giving effect without modifications to proposals submitted to her 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:
Citation and commencement
1.—(1) These Regulations may be cited as the Provision and Use of Work Equipment Regulations 1992.
(2) Subject to paragraph (3), these Regulations shall come into force on 1st January 1993.
(3) Regulations 11 to 24 and 27 and Schedule 2 in so far as they apply to work equipment first provided for use in the premises or undertaking before 1st January 1993 shall come into force on 1st January 1997.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“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, and related expressions shall be construed accordingly;
“work equipment” means any machinery, appliance, apparatus or tool and any assembly of components which, in order to achieve a common end, are arranged and controlled so that they function as a whole.
(2) 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 theregulation in which the reference appears.
Disapplication of these Regulations
3. These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons, in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
Application of requirements under these Regulations
4.—(1) The requirements imposed by these Regulations on an employer shall apply in respect of work equipment provided for use or used by any of his employees who is at work or who is on an offshore installation within the meaning assigned to that term by section 1(4) of the Offshore Safety Act 19922.
(2) 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) to any person who has control, to any extent, of non-domestic premises made available to persons as a place of work, in respect of work equipment used in such premises by such persons and to the extent of his control; and
(c)
(c) to any person to whom the provisions of the Factories Act 19613apply by virtue of section 175(5) of that Act as if he were the occupier of a factory, in respect of work equipment used in the premises deemed to be a factory by that section.
(3) Any reference in paragraph (2)(b) to a person having control of any premises or matter is a reference to the person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
Suitability of work equipment
5.—(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
6.—(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.
Specific risks
7.—(1) Where the use of work equipment is likely to involve a specific risk to health or safety, every employer shall ensure that–
(a)
(a) the use of that work equipment is restricted to those persons given the task of using it; and
(b)
(b) repairs, modifications, maintenance or servicing of that work equipment is restricted to those persons who have been specifically designated to perform operations of that description (whether or not also authorised to perform other operations).
(2) The employer shall ensure that the persons designated for the purposes of sub-paragraph (b) of paragraph (1) have received adequate training related to any operations in respect of which they have been so designated.
Information and instructions
8.—(1) Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
(2) Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has available to him adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
(3) Without prejudice to the generality of paragraphs (1) or (2), the information and instructions required by either of those paragraphs shall include information and, where appropriate, written instructions on–
(a)
(a) the conditions in which and the methods by which the work equipment may be used;
(b)
(b) foreseeable abnormal situations and the action to be taken if such a situation were to occur; and
(c)
(c) any conclusions to be drawn from experience in using the work equipment.
(4) Information and instructions required by this regulation shall be readily comprehensible to those concerned.
Training
9.—(1) Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
(2) Every employer shall ensure that any of his employees who supervises or manages the use of work equipment has received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken.
Conformity with Community requirements
10.—(1) Every employer shall ensure that any item of work equipment provided for use in the premises or undertaking of the employer complies with any enactment (whether in an Act or instrument) which implements in Great Britain any of the relevant Community directives listed in Schedule 1 which is applicable to that item of work equipment.
(2) Where it is shown that an item of work equipment complies with an enactment (whether in an Act or instrument) to which it is subject by virtue of paragraph (1), the requirements of regulations 11 to 24 shall apply in respect of that item of work equipment only to the extent that the relevant Community directive implemented by that enactment is not applicable to that item of work equipment.
(3) This regulation applies to items of work equipment provided for use in the premises or undertaking of the employer for the first time after 31st December 1992.
Dangerous parts of machinery
11.—(1) Every employer shall ensure that measures are taken in accordance with paragraph (2) which are effective–
(a)
(a) to prevent access to any dangerous part of machinery or to any rotating stock-bar; or
(b)
(b) to stop the movement of any dangerous part of machinery or rotating stock-bar before any part of a person enters a danger zone.
(2) The measures required by paragraph (1) shall consist of–
(a)
(a) the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
(b)
(b) the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
(c)
(c) the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
(d)
(d) the provision of information, instruction, training and supervision.
(3) All guards and protection devices provided under sub-paragraphs (a) or (b) of paragraph (2) shall–
(a)
(a) be suitable for the purpose for which they are provided;
(b)
(b) be of good construction, sound material and adequate strength;
(c)
(c) be maintained in an efficient state, in efficient working order and in good repair;
(d)
(d) not give rise to any increased risk to health or safety;
(e)
(e) not be easily bypassed or disabled;
(f)
(f) be situated at sufficient distance from the danger zone;
(...
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