Legal Requirements
As an employer, it is a company’s legal duty to provide a safe working environment for employees, suppliers and customers. The legislation of specific relevance to electrical maintenance are:
- Health & Safety at Work Act 1974
- Electricity at Work Regulations 1989
- Workplace (Health, Safety and Welfare) Regulations 1992
- Provision and Use of Work Equipment Regulations 1998
- Management of Health & Safety at Work Regulations 1999
Failure to comply with Electrical Regulations can lead to a maximum penalty of a £5,000 fine and/or up to six months imprisonment. For breaches under the general duties of the Health Safety at Work Act 1974, penalties of up to £20,000 were introduced in 1992 and offences heard on indictment in the Crown Court attract unlimited financial penalties and up to two years imprisonment.
Health & Safety at Work Act 1974
The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.
The Electricity at Work Regulations 1989 States:
“All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger.”
“As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger.”
“‘System’ means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment”
“‘Electrical Equipment’ includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.”
The Provision and Use of Work Equipment Regulations 1998 States:
“Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”
The Management of Health & Safety at Work Regulations 1999 States:
“Every employer shall make suitable and sufficient assessment of:
(a) the risks to the health and safety of his employees to which they are exposed whilst at work, and
(b) the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking.”