Legal Requirements - the need for PAT Testing

Below is a brief overview of the main legal requirements which covers the need for regular safety checks of electrical equipment which are contained within the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999, the Electricity at Work Regulations 1989, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998.

Overall the provisions of the Health & Safety at Work Act 1974, the PUWER 1998 and the Electricity at Work Regulations 1989 apply to all electrical equipment associated with places of work from the distribution systems down to individual items of electrical equipment. With the responsibility comes a requirement to inspect and test all types of electrical equipment in all work situations.

It is important for employers to read and understand the details within each Act or Regulation however we hope this summary helps point you in the right direction if you are uncertain of your legal requirements. Please do not hesitate to contact us if you would like to discuss how PAT testing can help your business conform.

Health & Safety at Work Act 1974

This places a duty of care to ensure the safety of everyone using the work premises on both the employer and the employee. This includes the self employed.
You can view The Health & Safety at Work Act 1974 here.

Workplace (Health, Safety and Welfare) Regulations 1992

This places a responsibility for employers to carry out a suitable and sufficient assessment of the risks to health and safety of his employees to which they are exposed whilst they are at work and the risks to health and safety of persons not in his employment in connection with the business.

You can view the Workplace (Health, Safety and Welfare) Regulations 1992 here.

Management of Health & Safety at Work Regulations 1999

This ensures that employers make a proper assessment of the health and safety risks faced by employees whilst at work as well as risks of others, not in their employment, but affected by work done by them or their employees.

You can view the Management of Health & Safety at Work Regulations 1999 here.

Provision and Use of Work Equipment Regulations 1998 (PUWER)

This includes most risks resulting from using electrical equipment used by workers at work and ensures that it is maintained in a state of good repair and efficient working order. For specific risks from electricity, by complying with the Electricity at Work Regulations 1989 then compliance with the PUWER 1998 is likely to be achieved. However, it does not apply to fixed installations in a building which is covered by the Electricity at Work Regulations.

You can view the Provision and Use of Work Equipment Regulations 1998 here.

Electricity at Work Regulations 1989

Ensures all electrical equipment connected to a source of electricity should be maintained so as to prevent a danger.

You can view the Electricity at Work Regulations 1998 here.

The Housing Act 2004 (England and Wales)

To provide a safe and healthy environment for any potential occupiers, or visitors, from an electrical perspective this includes portable electric equipment. The condition of associated leads and plugs of portable appliances should also be taken into account in the assessment if they are provided as part of a rented dwelling.
Portable Appliance Testing is one way of ensuring equipment is safe for continued use. Guidance from Communities and Local Government (CLG) indicates that when accommodation is re-let, the electrical appliances will be classed as being supplied to that tenant for the first time, and should therefore be re-checked.

You can view the Housing Act 2004 here.

The Electrical Equipment (Safety) regulations 1994

If a landlord provides any electrical appliances as part of a tenancy, the Electrical Equipment (Safety) Regulations requires that person to ensure that the appliances are safe when first supplied.

You can view the Electrical Equipment (Safety) Regs here.