Lomas Portable Appliance Testing, serving Exmouth, Exeter, Devon and the South West : Legal
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Legal regulations

There are four parts of legislation that apply to the inspection and testing of in service electrical equipment. We have included the main points from each piece of legislation to try and make it more readable.

Please note its imperative for employers to look after the safety of their employees and customers.

Health And Safety At Work Act 1974

It is stated in the Health and Safety At Work act 1974 that all employers have a legal duty to provide safe plant and office equipment. Ensuring that all electrical equipment used in the workplace is fully maintained is a must, and for that reason these compliance checks are in place.

If you run a business the safety of your employees is legally in your control. You as the employer have the duty to prevent any harm coming to either party.

The Management Of Health And Safety At Work Regulations 1974

In order that the Health And Safety At Work regulations 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 Equiptment Regulations 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 1989

Electricity at Work Regulations 1989 Regulation 4 (2) states “As maybe necessary to prevent danger all systems shall be maintained so as to prevent so far as is reasonably practicable such danger.”

Businesses and organisations who care for the safety of their employees or customers will typically have a PAT testing programme in place. This is the only way to prove to a magistrates court that all measures have been taken with regards to the testing of electrical appliances.

Why should I PAT test?

Offenses or injury caused by faulty electrical equipment under the Electricity At Work Regulations 1989 may be liable for £20,000 fine for each offence in a magistrates court or unlimited fines/prison sentences in Crown Court.

Recently, an employee sustained a 240 volt shock that broke his arm and burned his hands whilst attempting to remove a faulty plug from a kettle that had not been PAT tested. As it was found that the employer had not taken suitable precautions they were prosecuted under the Electricity At Work Regulations 1989 (No 14), The Management of Health and Safety At Work Regulations 1992 (No 3) paragraph 1 and received a £120,000 fine.

Most insurance companies will assume that the owners of a business are compliant with all relevant regulations. These insurers are fully entitled to reduce, delay or even refused to pay on a claim for damage caused by a portable appliance that has not been PAT tested.

It is clear that there is a requirement to inspect and test all types of electrical equipment in all work situations.

The bottom line is in the event of an accident or fire due to a faulty electrical appliance, could you prove in a court of law or to your insurance company that you have complied with the relevant regulations?

Get legal not fined

Lomas Portable Appliance Testing in no way intend the information on this page to be a total or even considered a partial overview of all the legislation relevant to health and safety in the workplace. We accept no liability as to how this information is used. This Information has been taken from varying sources and is only intended to give a small insight into the issues involved with all relevant matters.


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