Provision and Use of Work Equipment Regulations 1998
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The Provision and Use of Work Equipment Regulations 1998 (PUWER) apply to virtually all equipment used at work, from a simple hand tool to a complex production line. The regulations place duties on employers to ensure that work equipment is suitable, maintained, inspected and that users are adequately trained and protected.
PUWER Regulation 6 requires that work equipment is inspected at suitable intervals where there is a significant risk to the operator or others from its deterioration. The inspection must be carried out by a competent person and the results recorded. For power presses, Regulations 32 to 35 set out specific requirements including the appointment of an authorised competent person and defined examination intervals.
The scope of PUWER is deliberately broad. It covers machinery guards, emergency stops, control systems, stability, lighting at the workstation, warnings and markings, and protection against specific hazards such as falling objects, ejected materials, overheating and fire.
PUWER applies to every employer and self-employed person who provides or uses work equipment. If your business operates machinery or equipment that could present a risk if it deteriorated, you should be arranging inspections.
PUWER uses a risk-based approach to inspection intervals. The employer must assess the risk of deterioration and determine a suitable frequency. Power presses have specific statutory intervals. For most other machinery, an annual inspection is common practice.
Under PUWER, the duty to inspect work equipment lies squarely with the employer. Unlike LOLER, where the intervals are largely prescribed, PUWER requires the employer to make a judgement about what constitutes a suitable inspection interval. Getting this wrong — either by not inspecting at all, or by choosing an interval that is too long — can result in enforcement action, prosecution and personal liability for directors.
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