If your business or employees use any equipment whilst at work, then it is likely that this equipment will be governed by the Provision and Use of Work Equipment Regulations 1998 (PUWER). Even if you allow your employees to bring in their own equipment, then you, as the employer, will need to ensure that it complies with PUWER.
The Law
Generally PUWER requires employers to ensure that any equipment used at work is:
- Suitable for use, and for the purpose and conditions in which it is used.
- Maintained in a safe condition for use so that people's health and safety is not at risk.
- Inspected in certain circumstances to ensure that it is, and continues to be, safe for use. Any inspection should be carried out by a competent person (this could be an employee if they have the necessary competence to perform the task) and a record kept until the next inspection.
Controlling & Eliminating the Risks
You should also ensure that risks, created by the use of the equipment, are eliminated where possible or controlled by:
- Taking appropriate hardware measures, e.g. providing suitable guards, protection devices, markings and warning devices (such as emergency stop buttons) and Personal Protective Equipment.
- Taking appropriate software measures, e.g. following safe systems of work (such as ensuring that maintenance is only carried out on equipment that is shut down, etc.) and providing adequate information, training and supervision.
PUWER, in addition to giving general guidance to work equipment, contains specific duties regarding mobile work equipment, for example fork-lift trucks and dumper trucks.
- You should ensure that where mobile work equipment is used for carrying people, it is suitable for this purpose. Measures should be taken to reduce the risks (e.g. from rolling over) to the safety of the people being carried, the operator and anyone else.
- Part IV of the Regulations details requirements regarding power presses. A power press, and associated guard or protection device, must be thoroughly examined at specified intervals and inspected daily in use to ensure that it is safe. Examination and inspection should only be performed by a competent person and records should be kept.
A Final Word
Remember the primary objective of PUWER is to ensure that work equipment should not result in health and safety risks, regardless of its age, condition or origin.
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