Health and Safety

Safe use of work equipment Provision and Use of Work Equipment Regulations 1998

Approved Code of Practice and guidance This Approved Code of Practice and guidance is aimed at employers, dutyholders and anyone who has responsibility for the safe use of work equipment, such as managers and supervisors. It sets out what is needed to comply with the Provision and Use of Work Equipment Regulations 1998.The Regulations, commonly known as PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.

Changes since the last edition:

■■ The guidance material has been revised and updated, and there are small changes to some ACOP paragraphs to clarify and update information. ■■ Time-limited information has been removed or updated, and more use has L22 (Fourth edition) been made of lists. Published 2014 ■■ This edition updates references to legislation and links to further guidance.

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© Crown copyright 2014

First published 1992 Fourth edition 2014, amendments made 2018

ISBN 978 0 7176 6619 5

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Approved Code of Practice This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the

out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with

Guidance This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless

enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Health and Safety Safe use of work equipment Provision and Use of Work Equipment Regulations 1998

Contents

Introduction 5 The Regulations 8 Regulation 1 Citation and commencement 8 Regulation 2 Interpretation 8 Regulation 3 Application 10 Regulation 4 Suitability of work equipment 16 Regulation 5 Maintenance 20 Regulation 6 Inspection 22 Regulation 7 Specific risks 28 Regulation 8 Information and instructions 29 Regulation 9 Training 31 Regulation 10 Conformity with Community requirements 35 Regulation 11 Dangerous parts of machinery 36 Regulation 12 Protection against specified hazards 39 Regulation 13 High or very low temperature 42 Regulation 14 Controls for starting or making a significant change in operating conditions 43 Regulation 15 Stop controls 44 Regulation 16 Emergency stop controls 45 Regulation 17 Controls 46 Regulation 18 Control systems 49 Regulation 19 Isolation from sources of energy 50 Regulation 20 Stability 51 Regulation 21 Lighting 52 Regulation 22 Maintenance operations 53 Regulation 23 Markings 54 Regulation 24 Warnings 55 Regulation 25 Employees carried on mobile work equipment 57 Regulation 26 Rolling over of mobile work equipment 59 Regulation 27 Overturning of fork-lift trucks 63 Regulation 28 Self-propelled work equipment 64 Regulation 29 Remote-controlled self-propelled work equipment 66 Regulation 30 Drive shafts 67 Regulation 36 Exemption for the armed forces 68

Regulation 37 Transitional provision 68 Schedule 1 Instruments which give effect to Community Directives concerning the safety of products 69 Appendix 1 Further guidance on regulation 11 – Dangerous parts of machinery 70 Appendix 2 Approved Code of Practice added by AUWED in 1998 and made under Section 2 HSWA 76 Appendix 3 Notice of Approval 79 References 80 Further reading 83 Further information 84

Health and Safety Safe use of work equipment Provision and Use of Work Equipment Regulations 1998

Introduction

About this book

1 This publication sets out what you should do to comply with the Provision and Use of Work Equipment Regulations 1998 (PUWER). The Approved Code of Practice (ACOP) text and associated guidance provide practical advice on how you can comply with the requirements of the Regulations.

Who should read this book?

2 Employers, dutyholders and anyone else who has responsibility and/or control – directly or indirectly – for work equipment, such as managers and supervisors. Throughout this book we have referred to the employer and self-employed people who have duties as ‘you’. Where the guidance is addressed to some other dutyholder, for example a competent person, the text makes it clear who it is intended for.

What does PUWER apply to?

3 PUWER applies to the provision and use of all work equipment. It cannot be considered in isolation from other health and safety legislation. In particular, it needs to be considered with the requirements of the Health and Safety at Work etc Act 1974 (‘the HSW Act’).1 The ACOP material and guidance contained in this publication will highlight where this is the case.

4 There is also some overlap between PUWER and other sets of regulations, for example:

(a) The Lifting Operations and Lifting Equipment Regulations 19982 (LOLER) apply over and above the general requirements of PUWER in dealing with specific hazards/risks associated with lifting equipment and lifting operations; (b) The Workplace (Health, Safety and Welfare) Regulations 1992 (‘the Workplace Regulations’)3 which cover workplace risks to pedestrians from vehicles; (c) The Health and Safety (Display Screen Equipment) Regulations 1992,4 for example, on lighting; (d) The Personal Protective Equipment at Work Regulations 1992 (‘the PPE Regulations’),5 for example, on maintenance; (e) The Construction (Design and Management) Regulations 2007 (‘CDM’);6 (f) The Road Vehicles (Construction and Use) Regulations 1986;7 (g) The Work at Height Regulations 2005 (‘the Work at Height Regulations’) (relating to inspection of work equipment for use when working at height);8 (h) The Management of Health and Safety at Work Regulations 1999 (‘the Management Regulations’) relating to risk assessments.9

5 If you comply with the more specific regulations, it will normally be enough to comply with the more general requirements in PUWER.

6 There are two related PUWER ACOPs which deal in greater detail with the safe use of power presses, L11210 and the safe use of woodworking machinery L114.11

Where does PUWER apply?

7 PUWER applies to all workplaces and work situations where the HSW Act applies and extends beyond the mainland of Great Britain to specified offshore areas and activities.

What are the differences between this book and the previous edition?

8 The changes, which are summarised below, have been widely consulted on.

9 Changes in this edition include:

(a) the introduction of short summaries before regulations to help the reader and direct them to other relevant information; (b) removal of much of the old introduction and background information; (c) references to PUWER 98 have been replaced simply by PUWER; (d) minor amendments to ACOP paragraphs, where necessary, to update information; (e) guidance material has been simplified where possible and more use made of lists.

About ACOPs

10 Approved Codes of Practice are approved by the HSE Board with the consent of the Secretary of State. See ‘Appendix 3: Notice of Approval’ for details.

11 ACOP text explains how to comply with the law in a specific way and has a special status in law. If you do not follow the advice in ACOP text and you are prosecuted for a breach of the law, the court will take your breach of the law as proven unless you can show that you have complied with the law in another equally effective way. If you follow the advice in an ACOP, you can be sure that you will be doing enough to comply with the law.

12 Guidance text is different – following it is not compulsory, unless specifically stated. If you follow it, you will normally be doing enough to comply with the law, but you may use other methods. The ACOP describes preferred or recommended methods that can be used (or standards to be met) to comply with the Regulations and the duties imposed by the HSW Act. The accompanying guidance also provides advice on achieving compliance, or it may give information of a general nature, including explanation of the requirements of the law, more specific technical information or references to further sources of information.

13 The legal status of ACOP and guidance text is given on the copyright page.

Presentation

14 The ACOP text is set out in bold and the accompanying guidance in normal type, the text of the regulations is in italics. Coloured borders also indicate each section clearly. Some regulations are preceded by a short summary of the main

duties imposed by that regulation. This text has no ‘status’ (such as ACOP/ guidance) and is for information only. Its purpose is to help the reader navigate the document.

Health and Safety Safe use of work equipment Provision and Use of Work Equipment Regulations 1998

The Regulations

Regulation 1 Citation and commencement

Regulation 1 These Regulations may be cited as the Provision and Use of Work Equipment Regulations 1998 and shall come into force on 5th December 1998.

Regulation 2 Interpretation Regulation 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, maintaining, 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.

Regulation 2 (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.

Guidance 2 Inspection

15 The term ‘inspection’ is used in PUWER. The purpose of an inspection is to identify whether the equipment can be operated, adjusted and maintained safely and that any deterioration (for example, any defect, damage or wear) can be detected and remedied before it results in unacceptable risks.

Use

16 The definition of ‘use’ is wide and includes all activities involving work equipment such as stopping or starting the equipment, repair, modification, maintenance and servicing. In addition to operations normally considered as use, cleaning and transport of the equipment are also included. In this context ‘transport’ means, for example using a lift truck to carry goods around a warehouse.

Work equipment

17 The scope of ‘work equipment’ is extremely wide. It covers almost any equipment used at work, including:

(a) ‘toolbox tools’ such as hammers, knives, handsaws, meat cleavers etc; (b) single machines such as drilling machines, circular saws, photocopiers, combine harvesters, dumper trucks etc; (c) apparatus such as laboratory apparatus (Bunsen burners etc); (d) lifting equipment such as hoists, lift trucks, elevating work platforms, lifting slings etc; (e) other equipment such as ladders, pressure water cleaners etc; (f) an installation such as a series of machines connected together, for example a paper-making line or enclosure for providing sound insulation or scaffolding or similar access equipment (except where CDM imposes more detailed requirements).

18 PUWER applies to work equipment (as identified in regulation 2) whether it is new, existing or second-hand.

19 ‘Installation’ does not include an offshore installation, but it does include any equipment attached or connected to it.

Guidance 2 20 The following are not classified as work equipment:

(a) livestock; (b) substances (for example acids, alkalis, slurry, cement, water); (c) structural items (for example walls, stairs, roofs, fences); (d) private cars.

Motor vehicles

21 Motor vehicles being used for work activities, which are not privately owned fall within the scope of PUWER. When these vehicles are used on public roads or in a public place, the more specific road traffic legislation takes precedence. When such vehicles are used off the public highway and the road traffic law does not apply, for example on a dock road, PUWER and the HSW Act would normally take precedence unless relevant local by-laws are in operation – for example, road traffic by-laws at some airports. Drivers should hold a Department for Transport driving licence and vehicles should be maintained to the normal standards required for use on the public highway, ie they should have an MOT certificate, where necessary, or be maintained to equivalent standards where statutory testing is not a legal requirement.

Aircraft

22 The design, operation and maintenance of civilian aircraft airworthiness is subject to other specific legislation, such as the Air Navigation Order 2009.12 This legislation takes precedence over PUWER.

When is an employee considered to be ‘at work’?

23 Section 52(1)(b) and (c) of the HSW Act says that ‘an employee is at work throughout the time when he is in the course of his employment, but not otherwise’, and ‘a self-employed person is at work throughout such time as he devotes to work as a self-employed person.’

Regulation 3 Application Regulation 3 (1) These Regulations shall apply—

(a) in Great Britain; and (b) outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 (“the 1995 Order”).

(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;

Regulation 3 (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) to (10), these Regulations shall not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship).

(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 Great Britain) specified in the 1995 Order save that it does apply to—

(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