13 PUWER

Provision and Use of Work Equipment Regulations 1998 (PUWER)  
 
These Regulations, often abbreviated to 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. 
 
PUWER requires that equipment provided for use at work is:
 suitable for the intended use
 safe for use,  
     o maintained in a safe condition and  
     o inspected to ensure it is correctly installed and does not subsequently deteriorate  
 used only by people who have received information, instruction and training
 accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include:
    o emergency stop devices,  
    o adequate means of isolation from sources of energy,
    o clearly visible markings and warning devices  
 used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of LOLER, pressure equipment must meet the Pressure Systems Safety Regulations and personal protective equipment must meet the PPE Regulations.

What is work equipment?
Work equipment is any  
   machinery,  
   appliance,  
   apparatus,  
   tool or  
   installation for use at work.

This includes equipment which employees provide for their own use at work. The scope of work equipment is therefore extremely wide.  

What equipment is covered by the Regulations?
Any equipment which is used by an employee at work is covered,  
   hammers,
   knives,
   ladders,  
   drilling machines,  
   power presses,  
   circular saws,  
   photocopiers,  
   lifting equipment (including lifts),  
   dumper trucks  
   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. 

Do the Regulations apply to me? 
 
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. Employees do not have duties under PUWER, but they do have general duties under HASAWA, 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 equipment used by people working from home, but they do not apply to domestic work in a private household. 

What do the Regulations require me to do? 

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;
 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  
    o providing suitable guards,  o protection devices,  
    o markings and warning devices,
    o system control devices (such as emergency stop buttons)
    o personal protective equipment;  
 taking appropriate ‘software’ measures such as  
    o following safe systems of work (eg ensuring maintenance is only performed when equipment is shut down etc), and  
   o providing adequate information, instruction and training. 

Specific examples 

Where the use of work equipment is likely to involve a specific risk to health and safety you must ensure that the use of the equipment is restricted to those people trained and appointed to use it. 

Woodworking machinery 

You must take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone.  

Where this is not possible – such as with the blade of a circular saw – it must be protected as far as possible and a safe system of work used. 

Mobile 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 and records should be kept