When performing a task it is important to use appropriate equipment to allow you to complete it with minimum risk. In the workplace, employers have a duty of care, born out of the law of negligence, to provide such a task. The legislation governing this is in the UK is called the Provision and Use of Work Equipment Regulations 1998 (also known as ‘PUWER’). It is supplemented by several more closely defined regulations for specific types of equipment.
An overview of the legislation
In general terms, PUWER prescribes that work equipment must be:
· Suitable for purpose
· Safe for use, maintained in a safe condition and, where appropriate, inspected to make sure that it remains in such condition
· Used only by people who have received the necessary information, instruction and training to allow them to do so safely i.e. without risk to themselves or others
· Accompanied by any appropriate safety measures e.g. protective devices, markings and warnings.
So what if something goes wrong with work equipment and you suffer an accident due to one of the above not being adhered to? Who do the regulations apply to and, therefore, who might be deemed responsible for the accident and liable should you suffer an injury? This is governed by regulation 3 of PUWER.
There are three groups who need to adhere to PUWER:
· An employer, in respect of work equipment provided for or used by his employee
· A self-employed person, in respect of work equipment used by him at work
· Anyone exercising control of: (1) work equipment,(2) anyone using, supervising or managing the use of work equipment or (3) the way in which work equipment is used at work.
