The Provision and Use of Work Equipment Regulations 1998
Overview
The Provision and Use of Work Equipment Regulations 1998 (PUWER) lay down important requirements which aims to ensure the safe provision and safe use of work equipment.
These Regulations are designed to pull together and tidy up the laws governing
equipment used at work . Instead of piecemeal legislation, covering particular
kinds of equipment in different industries, the Regulations:
* place general duties on employers; and
* list minimum requirements for work equipment to deal with selected hazards in any industry.
"Work equipment" is broadly defined to include everything from a hand
tool, through machines of all kinds, to a complete plant such as a refinery.
"Use" includes starting, stopping, repairing, modifying, installing,
dismantling, programming, setting, transporting, maintaining, servicing and
cleaning (Regulation 2).
"Transport", for example, would not include the use of a lift truck to carry goods around a warehouse.
Motor vehicles which are not privately owned fall within the scope of
the Regulations. Although, more specific road traffic legislation takes
precedence when they are used on public roads.
The general duties, under PUWER, require employers to:
* Make sure that equipment is suitable for the use that will be made of it (Regulation 5).
* Take into account the working conditions and hazards in the workplace when selecting equipment (Regulation 5).
* Ensure equipment is used only for operations for which, and under conditions for which, it is suitable (Regulation 5).
* Ensure that equipment is maintained in an efficient state, in efficient working order and in good repair (Regulation 6).
* Give adequate information, instruction and training to operators, supervisors and managers. (Regulation 8 and 9).
* Provide equipment that conforms with EC product safety directives. (Regulation 10).
In addition, specific requirements cover:
* Guarding of dangerous parts of machinery . (Regulation 11).
* Where the use, repair, modification, maintenance etc of work equipment is likely to involve a specific risk, such work shall be restricted to designated persons who have received adequate training. (Regulation 7).
* Protection against specified hazards, ie falling/ejected articles and substances, rupture/disintegration of work equipment parts, equipment catching fire or overheating, unintended or premature discharge or articles and substances, explosion. (Regulation 12).
* Work equipment parts and substances at high or very low temperatures shall have protection so as to prevent injury by burn, scald or sear. (Regulation 13).;
* Provision of controls for starting, stopping or making a significant change in operating conditions and emergency stop. Stop controls shall be readily accessible and bring the work equipment to a complete stop, switching off all sources of energy. Stop controls shall operate in priority to controls which start or change the operating conditions of the work equipment. Emergency stop controls are to be provided at readily accessible locations, unless not necessary by the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of other controls. All controls are to be clearly visible and identifiable. Lastly, all control systems, so far as is reasonably practicable, shall be safe. (Regulations 14-18).
* Where appropriate, work equipment must be provided with clearly identifiable and suitable means to isolate it from all sources of energy. (Regulation 19).
* Work equipment or parts of work equipment shall, where necessary, be stabilised by clamping or other means. (Regulation 20).
* Suitable and sufficient lighting, which takes account of the operations to be carried out, shall be provided where work equipment is used. (Regulation 21).
* Every employer shall take appropriate measures to ensure that work equipment is so constructed or adapted that, so far as reasonably practicable, maintenance operations which involve a risk can be carried out while the work equipment is shut down. Where this cannot be achieved, they must either be carried out without exposing the person to risk or appropriate measures must be taken to protect the person carrying them out. (Regulation 22).
* Work equipment must be marked in a clearly visible manner with any markings appropriate for reasons of health and safety. Warnings and warning devices, appropriate for reasons of health and safety, shall be incorporated. (Regulations 23-24).
Regulation 11 Dangerous Parts of Machinery
The requirements contained in Regulation 11 cover the risks arising from most
mechanical hazards. The principal duty placed upon the employer being to
take effective measures to prevent contact with dangerous parts of machinery.
These measures must either prevent access to the dangerous part, or stop
the movement of the dangerous part before any part of the person can reach
it.. (Note it is the movement of the dangerous part that has to be stopped and
not merely the machine. In some cases the isolation of the machine from its
energy supply may not be sufficient, as the dangerous part may still be able to
move due to stored energy).
You should note that this part of Regulation 11 takes the form of an absolute duty.
* Take effective measures to prevent access to any dangerous part of
machinery or to any rotating stock-bar or to stop the movement of
any dangerous part of machinery or rotating stock-bar before any
part of a person enters a danger zone. (Regulation 11 (1)).
"Danger zone" is taken to mean "any zone in or around machinery in which a person is exposed to a risk to health or safety from contact with a dangerous part of machinery or a rotating stock-bar", where "stock-bar" is taken to mean "any part of a stock-bar which projects beyond the head-stock of a lathe".
Although the first part of the Regulation involves an absolute duty, the hierarchy of measures to be adopted, in the second part of the Regulation, are qualified by the term "so far as is practicable" (this does not allow cost to be included in the calculation of whether or not the requirement can be achieved, it is purely a matter of whether or not it is physically possible in light of current technology).
The measures required shall consist of:
o The provision of fixed guards where practicable.
o Where the above is not practicable, the provision
of other guards or protection devices where practicable.
o Where the above is not practicable, the provision of jigs,
holders, push-sticks or similar protective appliances
where practicable.
o Where the above is not practicable, the provision of
information, instruction, training and supervision.
(Regulation 11 (2)).
All guards and protection devices shall, according to Regulation 11(3): be suitable for the purpose; be of good construction, sound material and adequate strength; be maintained in an efficient state, in efficient working order and in good repair; not give rise to any increased risk; not be easily bypassed or disabled; be situated at sufficient distance from the danger zone; not unduly restrict the view of the operating cycle of the machinery; and be constructed or adapted to allow the operations necessary to fit or replace parts and for maintenance work.
Mobile Equipment
Regulations 25-30 relate to mobile equipment and cover such issues as the carraige of passengers, the rolling over of mobile equipment, the overturning of fork lift trucks, self-propelled work equipment and remote-controlled self-propelled work equipment, and drive shafts.
Miscellaneous
Parts of the Regulations apply to power presses and to various miscellaneous provisions.