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Statutory Instrument 1998 No. 2306 The Provision
and Use of Work Equipment Regulations 1998 © Crown
Copyright 1998 The
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Provision and Use of Work Equipment Regulations 1998 , ISBN 0 11 079599
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available. STATUTORY INSTRUMENTS 1998 No. 2306 HEALTH AND SAFETY The Provision and Use of Work
Equipment Regulations 1998
ARRANGEMENT OF REGULATIONS PART I Introduction
PART II General
PART III Mobile work equipment
PART IV Power presses
PART V Miscellaneous
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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 1974[1]
("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
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,
maintain ing, 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 numbered regulation or Schedule is a
reference to the regulation or Schedule in these Regulations so numbered; and
(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) in
(b) outside
(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) to a
self-employed person, in respect of work equipment he uses at work;
(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) 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
(a) the loading,
unloading, fuelling or provisioning of the ship; or
(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 1995[3];
"merchant shipping requirements" means
the requirements of regulations 3 and 4 of the Merchant Shipping (Guarding of
Machinery and Safety of Electrical Equipment) Regulations 1988[4]
and regulations 5 to 10 of the Merchant Shipping (Hatches and Lifting Plant)
Regulations 1988[5];
"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) after installation and before being put into
service for the first time; or
(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) at suitable intervals; and
(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) leaves his undertaking; or
(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 power press to which regulations 32 to 35
apply;
(b) a guard or protection device for the tools of such power press;
(c) work equipment for lifting loads including persons;
(d) winding apparatus to which the Mines (Shafts and Winding) Regulations 1993[6]
apply;
(e) work equipment required to be inspected by regulation 29 of the
Construction (Health, Safety and Welfare) Regulations 1996[7].
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) the use of that work equipment is restricted to
those persons given the task of using it; and
(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) the conditions in which and the methods by
which the work equipment may be used;
(b) foreseeable abnormal situations and the action to be taken if such a
situation were to occur; and
(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 an item of work equipment has been designed and constructed
in compliance with any essential requirements, that is to say requirements
relating to its design or construction in any of the instruments listed in
Schedule 1 (being instruments which give effect to Community directives
concerning the safety of products).
(2) Where an essential requirement applied to the
design or construction of an item of work equipment, the requirements of
regulations 11 to 19 and 22 to 29 shall apply in respect of that item only to
the extent that the essential requirement did not apply to it.
(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
Dangerous parts of machinery
11. - (1) Every employer
shall ensure that measures are taken in accordance with paragraph (2) which are
effective -
(a) to prevent access to any dangerous part of
machinery or to any rotating stock-bar; or
(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) 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) 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) 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) 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) be suitable for the purpose for which they are
provided;
(b) be of good construction, sound material and adequate strength;
(c) be maintained in an efficient state, in efficient working order and in good
repair;
(d) not give rise to any increased risk to health or safety;
(e) not be easily bypassed or disabled;
(f) be situated at sufficient distance from the danger zone;
(g) not unduly restrict the view of the operating cycle of the machinery, where
such a view is necessary;
(h) be so constructed or adapted that they allow operations necessary to fit or
replace parts and for maintenance work, restricting access so that it is
allowed only to the area where the work is to be carried out and, if possible,
without having to dismantle the guard or protection device.
(4) All protection appliances provided under
sub-paragraph (c) of paragraph (2) shall comply with sub-paragraphs (a) to (d)
and (g) of paragraph (3).
(5) In this regulation -
"danger zone" means 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;
"stock-bar" means any
part of a stock-bar which projects beyond the head-stock of a lathe.
Protection against specified hazards
12. - (1) Every employer
shall take measures to ensure that the exposure of a person using work
equipment to any risk to his health or safety from any hazard specified in
paragraph (3) is either prevented, or, where that is not reasonably
practicable, adequately controlled.
(2) The measures required by paragraph (1)
shall -
(a) be measures other than the provision of
personal protective equipment or of information, instruction, training and
supervision, so far as is reasonably practicable; and
(b) include, where appropriate, measures to minimise the effects of the hazard
as well as to reduce the likelihood of the hazard occurring.
(3) The hazards referred to in paragraph (1)
are -
(a) any article or substance falling or being
ejected from work equipment;
(b) rupture or disintegration of parts of work equipment;
(c) work equipment catching fire or overheating;
(d) the unintended or premature discharge of any article or of any gas, dust,
liquid, vapour or other substance which, in each case, is produced, used or
stored in the work equipment;
(e) the unintended or premature explosion of the work equipment or any article
or substance produced, used or stored in it.
(4) For the purposes of this regulation
"adequately" means adequately having regard only to the nature of the
hazard and the nature and degree of exposure to the risk.
(5) This regulation shall not apply where any of the
following Regulations apply in respect of any risk to a person's health or
safety for which such Regulations require measures to be taken to prevent or
control such risk, namely -
(a) the Ionising Radiations Regulations 1985[8];
(b) the Control of Asbestos at Work Regulations 1987[9];
(c) the Control of Substances Hazardous to Health Regulations 1994[10];
(d) the Noise at Work Regulations 1989[11];
(e) the Construction (Head Protection) Regulations 1989[12];
(f) the Control of Lead at Work Regulations 1998[13].
High or very low temperature
13. Every employer shall ensure that
work equipment, parts of work equipment and any article or substance produced,
used or stored in work equipment which, in each case, is at a high or very low
temperature shall have protection where appropriate so as to prevent injury to
any person by burn, scald or sear.
Controls for starting or making a significant change in operating conditions
14. - (1) Every
employer shall ensure that, where appropriate, work equipment is provided with
one or more controls for the purposes of -
(a) starting the work equipment (including
re-starting after a stoppage for any reason); or
(b) controlling any change in the speed, pressure or other operating conditions
of the work equipment where such conditions after the change result in risk to
health and safety which is greater than or of a different nature from such
risks before the change.
(2) Subject to paragraph (3), every employer shall
ensure that, where a control is required by paragraph (1), it shall not be
possible to perform any operation mentioned in sub-paragraph (a) or (b) of that
paragraph except by a deliberate action on such control.
(3) Paragraph (1) shall not apply to re-starting or
changing operating conditions as a result of the normal operating cycle of an
automatic device.
Stop controls
15. - (1) Every employer
shall ensure that, where appropriate, work equipment is provided with one or
more readily accessible controls the operation of which will bring the work
equipment to a safe condition in a safe manner.
(2) Any control required by paragraph (1) shall bring
the work equipment to a complete stop where necessary for reasons of health and
safety.
(3) Any control required by paragraph (1) shall, if
necessary for reasons of health and safety, switch off all sources of energy
after stopping the functioning of the work equipment.
(4) Any control required by paragraph (1) shall operate
in priority to any control which starts or changes the operating conditions of
the work equipment.
Emergency stop controls
16. - (1) Every employer
shall ensure that, where appropriate, work equipment is provided with one or more
readily accessible emergency stop controls unless it is not necessary by reason
of 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 any control provided by virtue
of regulation 15(1).
(2) Any control required by paragraph (1) shall operate
in priority to any control required by regulation 15(1).
Notes:
[1] 1974 c.37. Sections 15 and 50
were amended by the Employment Protection Act 1975 (c.71) Schedule 15,
paragraphs 6 and 16 respectively. The general purposes of Part I of the 1974
Act were extended by section 1(1) of the Offshore Safety Act 1992 (c.15).
Section 51A was inserted by section 1, and sections 52 and 53 were amended by
sections 2 and 6 respectively, of the Police (Health and Safety) Act 1997
(c.42).back
[4] S.I.
1988/1636, amended by S.I. 1988/2274.back
[5] S.I.
1988/1639, amended by S.I. 1988/2274.back
[8] S.I.
1985/1333, amended by S.I. 1992/743, 1992/2966.back
[9] S.I.
1987/2115, amended by S.I. 1988/712, 1992/2966, 1992/3068.back