The Provision and Use of Work Equipment Regulations (PUWER) 1998 relates to almost every appliance, plant and machinery used in small and medium-sized commercial enterprises.
Employers and duty holders have a legal responsibility to ensure that all equipment provided for the workplace is safe to use and remains suitable for the purpose it was provided for.
Equipment provided for the workplace must meet the international standards (prefixed by “ISO” or “EN”, sometimes by both) or the national standards (e.g. British Standards prefixed by “BS”)
When purchasing equipment, some customers will specify what standard they require; this may be to meet other industry standards or to ensure that the equipment meets their requirements for the task it is intended for.
A good example of this is ladders. Domestic ladders are not considered as being suitable access equipment in the workplace; only Class 1 heavy-duty industrial or class 2 commercial ladders are deemed adequate. Therefore, duty holders must ensure that the right equipment is purchased based on specifications rather than cost. What may save you a few pounds today, may cost you significantly in the event of an accident due to the equipment being inadequate for work.
Maintaining work Equipment
In the event of an accident involving equipment in the workplace, the enforcement agency, the Health and Safety Executive (HSE), would require evidence that the equipment in question was safe to use at the time of the accident.
Failing to provide this evidence could result in the employer being prosecuted for failing to maintain the equipment.
Regulation 5 of the Provision and Use of Work Equipment Regulations (PUWER) 1998 states: “Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”
If you have work equipment used in your business that does not fall into that category, then it needs to be taken out of service immediately until the defects have been corrected.
Although maintenance is carried out to ensure that the work equipment remains safe to use, maintenance can also cause its own hazards. Working on a conveyor belt can cause entanglement, servicing a telehandler could cause a crushing injury. So, the duty holder must ensure that those carrying out the servicing & inspections are competent.
Some maintenance tasks may require additional risk assessments to ensure that controls are in place such as a lockout procedure of electrical panels to prevent unexpected start-up.
How do we provide the evidence the HSE would require in the event of a reportable accident or inspection carried out by the HSE?
Most large pieces of equipment such as telehandlers are serviced by the dealers when new and under contract. These services are usually based on the hours the machine is operated, which would vary from business to business. The HSE would expect to see records of servicing either carried out by external service engineers or internally carried out by a competent person.
If being carried out externally, then service reports and invoices would serve as evidence that servicing has taken place. Where in-house servicing is undertaken, then records should be kept in a workshop diary or maintenance log, stating the date of the service, what type of service was carried out, and what repairs or defect corrections were made.
In the event of an investigation or visit by the HSE, the employer must be able to provide evidence that they are managing their Health and Safety and complying to the Health and Safety regulations. It is not enough to verbally tell them what you do maintain equipment; they will only take physical evidence as proof that regulations are being fulfilled.
That is why your CXCS Health and Safety advisor will recommend that records of servicing, inspections and training on work equipment are recorded, current and up to date.
Inspections
Although servicing is being undertaken, this could vary month by month, or even be annual.
During these intervening times, employers and duty holders must ensure that the work equipment remains safe to use and does not deteriorate, which may result in the equipment becoming dangerous to use.
The lack of inspections of work equipment is one of the main contributors to accidents and injuries in the workplace.
The manufacturers supply most equipment with safety devices such as guards, E stops, and warning devices, but if the equipment is under a six-month service regime, then the equipment could be used in an unsafe condition for months, if interim inspections do not also take place.
Therefore, regulation 6 requires employees and duty holders to ensure that periodic inspections are carried out by a competent person, and all inspection findings are recorded, again providing written evidence that equipment is being maintained.
The duty holder should put in place a service and inspection regime that is in proportion to the type of equipment and volume of use. For example, ladders on a farm will require an annual inspection, but would also require the person who is about to use them, to carry out a pre-use inspection to ensure that they remain safe to use.
Ask your CXCS Health and Safety advisor about the frequency of inspections required for equipment on your farm.
Recording Inspections
CXCS provide several inspection checklists in your Health and Safety folder.
The inspection checklists are easy to complete and include all the main aspects of an inspection, such as safety devices. When completing the inspection document, the competent person must ensure that any or all defects are reported immediately, as some defects may render the equipment unsafe for use.
When defects have been identified, the workforce is to be made aware that the equipment is out of service and the equipment should be immobilised and locked off/away. Equipment must remain out of service until the defect has been corrected. Corrections must be recorded on the inspection checklist to provide proof that a proper procedure has been implemented and adhered to.
The only way an employer or duty holder can prove to the enforcement agency that they are complying to the regulations is by record-keeping, the paper trail. Each time we provide the HSE with a document, it provides evidence that the employer is maintaining and managing their Health and Safety, therefore safeguarding their employees and their business.
If you require a specific inspection checklist for your business, that is not covered by the checklists provided, then please let us know.
