Introduction

This guide provides information about the legal
requirements of the Provision and Use of Work
Equipment Regulations 1998 (PUWER) which came
into force on 5 December 1998.

It gives a general indication of some of the main
requirements of the Regulations. However, it is
important that you refer to the Regulations and
accompanying Approved Code of Practice to
familiarise yourself fully with your duties (see Further
information at the back of the leaflet).

What does PUWER do?

In general terms, the Regulations require that
equipment provided for use at work is:

■ suitable for the intended use;

■ safe for use, maintained in a safe condition and,
in certain circumstances, inspected to ensure
this remains the case;

■ used only by people who have received adequate
information, instruction and training; and

■ accompanied by suitable safety measures,
eg protective devices, markings, warnings.

equipment is covered by the Regulations

Generally, any equipment which is used by an
employee at work is covered, for example hammers,
knives, ladders, drilling machines, power presses,
circular saws, photocopiers, lifting equipment (including
lifts), dumper trucks and motor vehicles. Similarly, if
you allow employees to provide their own equipment,
it too will be covered by PUWER and you will need to
make sure it complies.

Work equipment must meet all the requirements of
the Regulations from 5 December 1998. However,
requirements relating to certain aspects of mobile
work equipment (see below) do not apply to such
equipment (provided for use in the business before
5 December 1998) until 5 December 2002. HSE
information sheet MISC156 should be read if you
use hired mobile work equipment, see Further
information.

Examples of uses of equipment which are covered by
the Regulations include starting or stopping the
equipment, repairing, modifying, maintaining, servicing,
cleaning and transporting.

Regulations apply

If you are an employer or self-employed person and
you provide equipment for use at work, or if you have
control of the use of equipment, then the Regulations
will apply to you.

They do not apply to equipment used by the public, for
example compressed air equipment used in a garage
forecourt. However, such circumstances are covered
by the Health and Safety at Work etc Act 1974 (HSW
Act).

While your employees do not have duties under
PUWER, they do have general duties under the HSW
Act and the Management of Health and Safety at Work
Regulations 1999 (MHSWR), for example to take
reasonable care of themselves and others who may be
affected by their actions, and to co-operate with
others.

The Regulations cover places where the HSW Act
applies - these include factories, offshore installations,
offices, shops, hospitals, hotels, places of
entertainment etc. PUWER also applies in common
parts of shared buildings and temporary places of
work such as construction sites. While the
Regulations cover equipment used by people working
from home, they do not apply to domestic work in a
private household.

Regulations require

You must ensure that the work equipment you
provide meets the requirements of PUWER. In doing
so, you should ensure that it is:

■ suitable for use, and for the purpose and
conditions in which it is used;

■ maintained in a safe condition for use so that
people’s health and safety is not at risk; and

■ inspected in certain circumstances to ensure
that it is, and continues to be, safe for use. Any
inspection should be carried out by a competent
person (this could be an employee if they have
the necessary competence to perform the task)
and a record kept until the next inspection.
You should also ensure that risks, created by the use
of the equipment, are eliminated where possible
or controlled by:

■ taking appropriate ‘hardware’ measures, eg
providing suitable guards, protection devices,
markings and warning devices, system control
devices (such as emergency stop buttons) and
personal protective equipment; and

■ taking appropriate ‘software’ measures such
as following safe systems of work (eg ensuring
maintenance is only performed when equipment
is shut down etc), and providing adequate
information, instruction and training.

Mobile work equipment

In addition to these general requirements which apply
to all work equipment, Part III of PUWER contains
specific duties regarding mobile work equipment, for
example fork-lift trucks and dumper trucks.

You should ensure that where mobile work
equipment is used for carrying people, it is suitable for
this purpose. Measures should be taken to reduce the
risks (eg from it rolling over) to the safety of the
people being carried, the operator and anyone else.

Power presses

Part IV of the Regulations also contains specific
requirements regarding power presses. In particular,
you should have a power press, and associated guard
or protection device, thoroughly examined at
specified intervals and inspected daily in use to
ensure that it is safe. This work should only be
performed by a competent person; records should
be kept.

health and safety

The requirements of the Regulations need to be
considered alongside other health and safety law.
For example, section 2 of the HSW Act requires
all employers to ensure, so far as is reasonably
practicable, the health, safety and welfare of all their
employees. Similarly, the MHSWR contain important
duties relating to the carrying out of a risk assessment
to identify measures that you can take to eliminate, or
reduce, the risks presented by the particular hazards
in your workplace. Guidance on how to do this is set
out in 5 steps to risk assessment (see Further
information).

Other more specific legislation may also apply, for
example :

■ The Workplace (Health, Safety and Welfare)
Regulations 1992, which cover, for example,
workplace risks to pedestrians from vehicles;

■ The Construction (Health, Safety and Welfare)
Regulations 1996 which contain, for example,
specific requirements relating to certain types of
work equipment such as scaffolding.

Generally, if you are meeting the requirements of
more specific legislation such as those outlined above,
then this should normally be sufficient to meet the
more general requirements of PUWER.

How are the Regulations enforced?

Health and safety inspectors enforce the Regulations.
If you have duties under PUWER you will be given
time to assimilate the requirements which are new.
However, where there are serious risks, or the
requirements are not new, inspectors will be
prepared to take firm enforcement action.