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CHAPTER 1
Legislation
Important terms used in this chapter:
By the end of this chapter the reader should:
be aware of the legislation relevant to equipment testing,
understand the meaning of an āelectrical systemā,
know who a āduty-holderā is and his/her responsibilities,
be aware of the consequences of contravening the requirements of the EAWR 1989.
There are four main sets of legislation that are applicable to the inspection and testing of in-service electrical equipment:
The Health and Safety at Work etc. Act (HSWA) 1974
The Management of Health and Safety at Work Regulations (MHSWR) 1999, amended 2003
The Provision and Use of Work Equipment Regulations (PUWER) 1998, amended 2002
The Electricity at Work Regulations (EAWR) 1989.
THE HEALTH AND SAFETY AT WORK ETC. ACT (HSWA) 1974
This applies to all persons ā employers and employees ā at work, and places a duty of care on all to ensure the safety of themselves and others.
THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS (MHSWR) 1999
In order that the HSWA can be effectively implemented in the workplace, every employer has to carry out a risk assessment to ensure that employees, and those not in his/her employ, are not subjected to danger.
THE PROVISION AND USE OF WORK EQUIPMENT REGULATIONS (PUWER) 1998
Work equipment must be constructed in such a way that it is suitable for the purpose for which it is to be used. Once again, the employer is responsible for these arrangements.
THE ELECTRICITY AT WORK REGULATIONS (EAWR) 1989
Regulation 16 of EAWR 1989 should be mentioned. This Regulation is absolute; this means no matter what the time or cost involved, it must be done. This Regulation deals with the person being competent. The only way to prove to a court of law that you are a competent person is through evidence of regular training. Regular training? Every week or perhaps when new Regulations are brought out?
These regulations, in particular, are very relevant to the inspection and testing of in-service electrical equipment. There are two important definitions in the EAWR:
1. the electrical system
2. the duty holder.
Note
Although the IET Wiring Regulations BS 7671: 2008 Amendment 3 are non-statutory, it should be established that the fixed wiring of an installation is in a suitably safe condition for the connection of electrical equipment.
Electrical system
This is anything that generates, stores, transmits or uses electrical energy, from a power station to a wrist-watch battery. The latter would not give a person an electric shock, but could explode if heated, giving rise to possible injury from burns.
Duty holder
This is anyone (employer, employee, self-employed person, etc.) who has ācontrolā of an electrical system. Control in this sense means designing, installing, working with or maintaining such systems. Duty holders have a legal responsibility to ensure their own safety and the safety of others whilst in control of an electrical system.
The EAWR do not specifically mention inspection and testing; they simply require electrical systems to be āmaintainedā in a condition so as not to cause danger. However, we only know if a system needs to be maintained if it is inspected and tested, and thus the need for such inspection and testing of a system is implicit in the requirement for it to be maintained.
Anyone who inspects and tests an electrical system is, in law, a duty holder and must be competent to undertake such work.
PROSECUTIONS
Offences committed under The EAWR 1989 may be liable for: Ā£20 000 fine for each offence in Magistratesā Court, unlimited fines/prison sentences in Crown Court.
Here are just a few examples of the many prosecutions under the EAWR 1989 that take place every year.
Case 1.1
A greengrocer was visited, probably for the second time, by the Health and Safety Executive inspectors, who found 11 faults with the electrical installation. They were:
1. a broken fuse to a fused connection unit;
2. a broken three-way lighting switch;
3. a broken double socket outlet;
4. a broken bayonet light fitting;
5. a missing ceiling rose cover;
6. the flexible cable feeding the beetroot boiler went under the casing and not through the proper hole in the side;
7. there was no earthing to a fluorescent fitting;
8. there was no earthing to a metal spotlight;
9. block connectors were used to connect some bulkhead lights;
10. block connectors were used to connect the fluorescent lights;
11. block connectors were used to connect a spotlight.
He was subsequently fined Ā£4950, and although he was āonly a greengrocerā, he was also a duty holder, and as such had a responsibility for the safety of the staff working in the shop.
Case 1.2
An electrician received serious burns to his face, arms and legs after he was engulfed in a ball of flames whilst testing an old motor control switchboard. He was reaching into the board to test contacts located only a few inches away from exposed, live, 400 V terminals ...
