Chapter 2

Provision and Use of Work Equipment Regulations 1998

Contents
2.0 Background to the Provision and Use of Work 33
Equipment Regulations (PUWER)

Equipment Regulations 1998

Provision and Use of Work
2.0.1 Scope
2.1 The Regulations
2.1.1 Regulation 1: Citation and commencement
2.1.2 Regulation 2: Interpretation
2.1.3 Regulation 3: Application
2.1.4 Regulation 4: Suitability of work equipment
2.1.5 Regulation 5: Maintenance
2.1.6 Regulation 6: Inspection
2.1.7 Regulation 7: Specific risks
2.1.8 Regulation 8: Information and instructions
2.1.9 Regulation 9: Training
2.1.10 Regulation 10: Conformity with Community
requirements
2.1.11 Regulation 11: Dangerous parts of machinery
2.1.12 Regulation 12: Protection against specified
hazards
2.1.13 Regulation 13: High or very low temperature
2.1.14 Regulation 14: Controls for starting or making a
significant change in operating conditions
2.1.15 Regulation 15: Stop controls
2.1.16 Regulation 16: Emergency stop controls
2.1.17 Regulation 17: Controls
2.1.18 Regulation 18: Control systems
 2.1.19 Regulation 19: Isolation from sources of energy
2.1.20 Regulation 20: Stability
2.1.21 Regulation 21: Lighting
34 2.1.22 Regulation 22: Maintenance operations
2.1.23 Regulation 23: Markings
Equipment Regulations 1998
Provision and Use of Work

2.1.24 Regulation 24: Warnings

2.1.25 Regulation 25: Employees carried on mobile
work equipment
2.1.26 Regulation 26: Rolling over of mobile work
equipment
2.1.27 Regulation 27: Overturning of fork-lift trucks
2.1.28 Regulation 28: Self-propelled work equipment
2.1.29 Regulation 29: Remote-controlled self-propelled
work equipment
2.1.30 Regulation 30: Drive shafts
2.1.31 Regulation 31: Power presses to which Part 4
does not apply
2.1.32 Regulation 32: Thorough examination of power
presses, guards and protection devices
2.1.33 Regulation 33: Inspection of guards and
protection devices
2.1.34 Regulation 34: Reports
2.1.35 Regulation 35: Keeping of information
2.1.36 Regulation 36: Exemption for the armed forces
2.1.37 Regulation 37: Transitional provision
2.1.38 Regulations 38 and 39: Repeals and revocations
2.2 Summary
2.0 Background to the Provision and Use of Work
Equipment Regulations (PUWER)

The PUWER Regulations were made under the Health and Safety at
Work Regulations (MHSWR). They were originally introduced in 1992
35
and placed wide-ranging responsibilities for health and safety in the

Equipment Regulations 1998

Provision and Use of Work
workplace on employers and employees alike. Regulation 3 of the
MHSWR requires every employer to assess the risks to the health
and safety of people in their workplace. This means that it is the
employers responsibility to look not only at work equipment but at the
whole working environment (from the front door to the back gate).
Five other regulations were introduced to complement the Health and
Safety at Work Regulations:

PUWER
VDU
Manual Handling
Workplace Health, Safety and Welfare
Protective Equipment at Work.

All are very relevant. PUWER has an all-encompassing demand on

the workplace, although the regulations are predominantly aimed at
equipment used at work. The regulations not only require employers
to provide suitable work equipment but also instruct them to consider
working conditions and any risks to the health and safety of
personnel.

The application of PUWER must be addressed by different skills and

can be regarded as shown in Fig. 4 overleaf. For example, it would
be the task of the maintenance engineer to address the section on
maintenance, and the responsibility of the production engineer to look
 at the section on personnel, but both would be involved in the
sections looking at equipment.

36 MHSWR
Equipment Regulations 1998
Provision and Use of Work

PUWER
1 - 38

Equipment Personnel Workplace

6, 11 - 21, 25 - 34 8, 9, 10, 23, 24 4, 6, 7, 8, 23, 24

Maintenance
5, 6, 22, 23, 24

Fig. 4: The different aspects to PUWER

2.0.1 Scope
These far-reaching regulations make it the employers responsibility
to ensure that safe work equipment is provided, enabling employees
to carry out their duties safely. PUWER covers all areas of work and
all types of work equipment. Areas of work activity include shops,
offices, schools, factories, hospitals and offshore installations. Work
equipment on board sea-going vessels is subject to these regulations
in certain circumstances. For further information it is advisable to
refer to the Approved Code of Practice and Guidance, published by
the HSE.
The equipment covered is wide and varied. The short description
includes anything from a tool to a car assembly plant.
Responsibilities also fall on employees, who are obliged to co-operate
with their employers on health and safety matters, to use and not
misuse anything provided for their health, safety and welfare, and to
37
care for their own health and safety as well as those affected by their

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Provision and Use of Work
acts or omissions.

Since these regulations were introduced, PUWER has been the

driving force towards a safer workplace. On 5 December 1998, a
redraft of the PUWER Regulations came into force. This included
some new parts and rearranged some of the sections. Again, for full
information it is best to refer to the Approved Code of Practice and
Guidance, published by the HSE.
 2.1 The Regulations

There are now 39 regulations, divided into Parts 1 to 5:

38 Part 1 (Introduction) contains Regulations 1 to 3

Equipment Regulations 1998
Provision and Use of Work

Part 2 (General) contains Regulations 4 to 24

Part 3 (Mobile Work Equipment) contains Regulations
25 to 30
Part 4 (Power Presses) contains Regulations 31 to 35
Part 5 (Miscellaneous) contains Regulations 36 to 39.

Parts 3 and 4 of the regulations were added to PUWER in December

1998. The regulations in Part 4 (Power Presses) revoke the Power
Press Regulations 1965 (S.I. 1965/1441) and the Power Presses
(Amendment) Regulations 1972.

2.1.1 Regulation 1: Citation and commencement

These regulations are cited as the Provision and Use of Work
Equipment Regulations (1998). They revoke the Provision and Use of
Work Equipment Regulations (1992) and apply to all work equipment.

2.1.2 Regulation 2: Interpretation

This regulation defines work equipment as any machinery, appliance,
apparatus, tool or installation for use at work. Any item used during
work is covered by this regulation, with the exception of private cars,
livestock, substances and structural items (NB. stairs are not
included, but ladders are). The regulations also cover any activity
involving the use of work equipment, such as modification, repair,
cleaning, starting, stopping and servicing. Employers must ensure
that all work equipment meets the essential requirements of the
regulations laid down for the manufacture of that equipment, and that
inspections are carried out in the right manner, by the appropriate
person.

2.1.3 Regulation 3: Application

This regulation defines where the duties lie. In general, these
39
regulations involve duties placed on employers (whether individuals,

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Provision and Use of Work
partners or companies) in respect of work equipment provided for or
used by an employee at work. It also applies to the self-employed
person in respect of work equipment used at work. It even extends
beyond this to those who have control of work equipment, and to
those who use, supervise or manage its use or the way it is used, to
the extent of their control. These requirements do not apply to a
person supplying work equipment for sale, sale agreement or hire
purchase (machinery factors etc.). Please refer to Regulation 6 for
the requirements with regard to direct acquisition, supply and
installation.

This regulation also outlines its application with respect to merchant

shipping, referring to the merchant shipping requirements.
However, certain regulations will apply for special operations, i.e.
use of work equipment by other than the master or crew, or if other
persons are exposed to a health risk.

2.1.4 Regulation 4: Suitability of work equipment

Every employer shall ensure that work equipment is:

Constructed or adapted in a way that is suitable for

the purpose for which it is provided
Only used for the purpose for which it is provided
Only used in the place and under the provisions for
which it is provided.
 These three aspects are the main thrust of this regulation. The first
suggests that work equipment must have integrity, either in its initial
design and construction or in the way it is adapted to meet the
functional requirements of the task it performs. It must function
40 correctly and it must not present a hazard to anyone exposed to it.
Equipment Regulations 1998
Provision and Use of Work

The second aspect stresses that work equipment can only be safe
when used within its design criteria. An example of unsafe practice
would be to use a one tonne sling to lift a five tonne load. The third
point concerns where work equipment is used. Design limits are
again important, for example, equipment designed for use indoors or
in dry conditions could become hazardous if used outdoors or during
a thunderstorm.

2.1.5 Regulation 5: Maintenance

Work equipment must be efficiently maintained and kept fit and
suitable for its intended purpose. It must not be allowed to
deteriorate in function or performance to such a level that it puts
people at risk. This means that regular, routine and planned
maintenance regimes must be considered if hazardous problems can
arise. Machinery is not required to have a maintenance log, but
where one exists, it must be kept up-to-date. This regulation ties in
closely with Regulation 22, which states that facilities and information
to allow safe maintenance must be provided.

2.1.6 Regulation 6: Inspection

Where the safety of work equipment depends on the installation
conditions, it is now the duty of every employer to ensure that these
are inspected after installation and before the equipment is put into
service for the first time, or after it is assembled at a new site or
location. This inspection must be appropriate for the particular
equipment (i.e. may be visual or more rigorous). Where necessary,
appropriate testing must be carried out. The inspection must be carried
out by a competent person who has had suitable training on the
equipment and knows what has to be assessed and who to report to.

Equipment exposed to conditions causing deterioration which could

41
lead to a dangerous situation must be inspected at suitable intervals,

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Provision and Use of Work
or sooner if a situation has occurred that is liable to jeopardise its
safety. The results of an inspection must be recorded and kept until
the next inspection. This will ensure that good health and safety
conditions are maintained and that any deterioration is detected and
remedied in good time. No work equipment shall leave an employers
premises or be acquired by the employer unless it is accompanied by
physical evidence of the last inspection.

This regulation does not apply to:

Power presses or the protection devices for tools on such

power presses
Work equipment for lifting loads, including people
Winding apparatus covered by the Mines (Shafts and
Winding) Regulations 1993
Work equipment required to be inspected by Regulation
29 of the Construction (Health, Safety and Welfare)
Regulations 1996.

2.1.7 Regulation 7: Specific risks

Where the use of work equipment involves specific risks to health and
safety, employers must ensure that only personnel with suitable and
sufficient training are allowed to operate or maintain such equipment.
 2.1.8 Regulation 8: Information and instructions
All personnel involved with the use, maintenance and supervision of
work equipment must have access to adequate information and,
where necessary, written details concerning its safe use. This
42 information must include details of:
Equipment Regulations 1998
Provision and Use of Work

How the equipment should be use

Restrictions on its use
Foreseeable abnormal situations that could occur
Action to be taken in case of the above.

2.1.9 Regulation 9: Training

Anyone who will use work equipment must be given adequate training
in its use and must be well informed as to specific precautions that
may be required. Employers must ensure that the same training is
given to supervisors and managers. Training should detail the correct
methods to adopt when using the equipment and any precautions
required to combat residual risks.

2.1.10 Regulation 10: Conformity with Community requirements

If work equipment is subject to any European Directive ratified
through Parliament (Statutory Instrument), it must comply with the
essential requirements relating to its design or construction before it
is supplied for use. As far as machinery is concerned, this means
that any unit supplied after 1 January 1993 must comply with The
Supply of Machinery (Safety) Regulations before it is used. Second-
hand machinery acquired from outside the European Economic Area
must also comply with this regulation before it is put into service.
This means that all such units must carry the CE mark and must be
supplied with a declaration of conformity with the Essential Health
and Safety Requirements. Before being put into use, all work
equipment must be inspected (Regulation 6) with regard to
Regulations 11-19 and 22-29, as the essential requirement of that
item of work equipment may not be suitable once installed in the
workplace.
43
It is illegal to either supply or use machinery that does not comply. It

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Provision and Use of Work
is important to note that the CE mark is not a quality mark, nor does it
show fitness for the users intended purpose. Anyone putting
machinery into service should make sure the equipment is safe and
interpret the CE as check everything.

2.1.11 Regulation 11: Dangerous parts of machinery

Measures must be taken to prevent access to dangerous parts of
machinery or to stop dangerous movement before any part of an
exposed person can enter a danger zone. Essentially these
measures are laid out in a hierarchy, as detailed below:

Where possible, fixed guards must be provided in order to

enclose the dangerous parts (e.g. covering the drive belts, where
access is not required on a regular basis).
If this is not practical, movable guards and/or other protection
devices shall be applied (e.g. using interlocked guards in areas
where frequent access is required; using light curtains,
mechanical trip devices and pressure mats to stop dangerous
movements before personnel can reach hazardous areas).
Where this is not possible, the next step would be to use jigs or
push sticks. These must be used in conjunction with specialised
training to allow the task to be performed while the body is kept
as far away from the hazard(s) as possible (e.g. using a push
stick to complete the cut when using a circular saw).
 When all the other measures have been applied as far as is
reasonably practicable, the final step is to warn and inform by
providing special training and, where necessary, supervision.
44
As implied in the final paragraph, each step must be analysed and,
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Provision and Use of Work

where practicable, put in place before deferring to a lower level of

protection. This can only be achieved by carrying out a detailed risk
assessment (see Chapter 4). This regulation also details the basic
requirements for the construction of guards, as well as their
maintenance and possible misuse. These ideas are expanded in
Chapter 5.

2.1.12 Regulation 12: Protection against specified hazards

This regulation identifies several specific hazards and requires the
ensuing risks to health and safety either to be prevented or, where
this is not reasonably practicable, to be adequately controlled. The
provision of personal protective clothing, training and information is
not considered adequate protection against such hazards. These
measures must be front-line actions, designed to prevent or reduce
the likelihood of the hazard occurring or to minimise the effects of the
hazard. The hazards identified are:

Any article or substance falling or being ejected from work

equipment; rupture or disintegration of parts of work equipment
Fire or overheating
Unintended or premature discharge of any article or any gas,
dust, liquid, vapour or other substance used, produced or stored
in the work equipment
Unintended or premature explosion of the equipment or any
article/substance produced by, used or stored in it.
2.1.13 Regulation 13: High or very low temperature
Every employer shall ensure that work equipment that is at high or
very low temperature shall have protection in order to prevent injury
by burn, scald or sear. This also applies to parts of work equipment
and any article or substance produced, used or stored in work
45
equipment, where such temperatures are present. This regulation

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Provision and Use of Work
calls for protection against contact damage and not radiated heat or
glare. Achievable protective measures (e.g. lagging pipes on a boiler
or the barrel of an injection-moulding machine) take precedence. If
such protection is not suitable (e.g. soldering iron or hotplate),
sufficient warnings, training and the use of protective clothing will be
required. However, these should not be applied until all feasible
engineering measures have been explored.

2.1.14 Regulation 14: Controls for starting or making a

significant change in operating conditions

Machinery must be provided with one or more controls to start or

regulate any change in speed, pressure or other condition that could
increase the risk to the health and safety of the exposed person.
All controls to start or restart machinery (after a stoppage) shall be by
deliberate action. One exception is the case of an automatic machine
operating in a normal cycle. However, if an operator interrupts the
cycle to make adjustments or clear blockages, restart shall only be by
deliberate action. If changing the mode of operation could present
hazards to the operator (e.g. changing from automatic to manual or
maintenance mode), this should only be possible by using a key or
access code, for example.

2.1.15 Regulation 15: Stop controls

All work equipment, where appropriate, must be provided with one or
more readily accessible controls that will bring the equipment to a safe
 condition in a safe manner. This control shall have priority over start
commands. If required for reasons of health and safety, this control
shall bring the work equipment to a complete stop and remove or
switch off all forms of energy when the stop is achieved. In some
46 cases, a stop command will only stop machine movement, leaving
devices such as pumps or fans running. This is permitted if such
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Provision and Use of Work

devices do not present a danger to exposed persons.

2.1.16 Regulation 16: Emergency stop controls

One or more emergency stop controls must be provided, unless their
operation would not reduce the risk. These will have priority over all
other controls. Their operation will bring the equipment to a safe
condition in the quickest possible time, without causing other hazards.
The standards explain that, where appropriate, the stop function shall
operate as a category 0 or 1 stop. These stops will be provided at
workstations and other appropriate positions as directed by the risk
assessment (see Chapter 4). Emergency stop devices include
devices such as:

Mushroom-headed buttons
Bars
Levers
Kick-plates
Pressure-sensitive cables.

All such devices must be well marked and easily recognised. Where
possible, they must lock in the off position and require a definite action
to reset. Resetting the emergency stop should not allow an automatic
restart. This must only be possible by an additional voluntary action.
2.1.17 Regulation 17: Controls
Controls should be clearly visible and identifiable, and should be
positioned so that operators can use them without risk to their health
and safety. Where possible, they should be positioned so that
operators can see that all areas are clear; if this is not possible,
47
suitable additional measures should be put in place. These can

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Provision and Use of Work
include audible and visual warnings to serve as alarms prior to the
machine starting up. Good advice is available in the harmonised
standards.

2.1.18 Regulation 18: Control systems

The control system must be safe and its operation must not cause
risks to health and safety. The action of the control system must be
assessed in all modes of use, taking into account the demand rate on
the work equipment and making allowances for failures and faults that
could affect health or safety. This is where the safety-related parts of
the control system must be assessed and the application of the
relevant specifications applied. As stated in Regulations 15 and 16,
stops and emergency stops must always take precedence. The most
significant part of this regulation is the requirement that a control
system should fail to a safe condition, or that the possibility of it failing
to danger should be minimised, as far as is reasonably practicable.

Please note that Regulations 14-18 only concern work

equipment that has some form of control system. Some are only
concerned with equipment that has moving parts (start and stop
requirements).

2.1.19 Regulation 19: Isolation from sources of energy

It must be possible to isolate the work equipment from all forms of
energy. This isolation must be free from risk and, where practical, a
means to lock off the energy source must be supplied.
 Regulation 19 aims to enable functions such as maintenance, setting
and cleaning to be carried out without risk.

2.1.20 Regulation 20: Stability

48 Employers must ensure that work equipment is stable, or can be
made stable, before it is used. As far as machinery is concerned, this
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Provision and Use of Work

regulation requires equipment that is used in a fixed position to be

firmly bolted down in order to prevent movement during use.

2.1.21 Regulation 21: Lighting

Suitable additional lighting shall be supplied if ambient lighting is not
sufficient or would cast shadows, causing risks to health and safety.
This extra lighting can be fitted to the machine as an integral part
(local lighting) or can be achieved by improving the external
arrangements. If extra lighting is only required under certain
conditions (e.g. maintenance or setting), this must be of a standard
suitable for the required task (e.g. low voltage hand lamp with clip
fixing).

2.1.22 Regulation 22: Maintenance operations

This is an extension to Regulation 5, which states that maintenance is
an essential part of health and safety strategy. This regulation states
that it must be possible to carry out maintenance work safely, without
exposing people to risks and, where possible, with the equipment
isolated from any energy source (as per Regulation 19). If work
needs to be carried out where such risks cannot be eliminated,
appropriate measures shall be taken. These can include temporary
guards, special tools, jigs or fittings, for example. Further information
can be found in EN 60204-1, in the section entitled Suspension of
Safeguards.
2.1.23 Regulation 23: Markings
Any markings on work equipment that are appropriate to health and
safety must be clear. Controls must be unambiguous and, if relevant,
maximum speeds and directions must be indicated together with
information on safe working loads and pressures. This requirement
49
also covers individual machine identification for the employers own

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Provision and Use of Work
purposes (e.g. for maintenance and, most importantly, for isolation).

2.1.24 Regulation 24: Warnings

Warning notices shall be fitted to all work equipment that presents a
risk to health and safety. When all the risks from the use of work
equipment have been addressed as per the regulations (as far as is
reasonably practicable), any residual risk must carry sufficient visual
or audible warnings to enable it to be used safely, i.e.:

WARN AND INFORM.

It is important to note that this is the final and not the first step
towards meeting the requirements of PUWER.

2.1.25 Regulation 25: Employees carried on mobile work

equipment
No employee can be carried by mobile work equipment unless it is
suitable for that purpose and incorporates features to reduce any risk
to their safety.

2.1.26 Regulation 26: Rolling over of mobile work equipment

The risk to an employee riding on mobile equipment must be
minimized as far as is reasonably practicable, and as long as it does
not increase the overall risk. Stabilising equipment can be used, a
protection device (guard) can be fitted, or, where there is the risk of
crushing due to rollover, a restraint may be fitted. This regulation
 does not apply to mobile work equipment supplied before 5
December 1998 or to fork-lift trucks already fitted with protection
devices as described.

50 2.1.27 Regulation 27: Overturning of fork-lift trucks

Risks from fork-lift trucks overturning must be minimised as far as is
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Provision and Use of Work

reasonably practicable, with reference to Regulation 26.

2.1.28 Regulation 28: Self-propelled work equipment

Self-propelled equipment must be safe while in motion. Items for
consideration include the drivers field of vision, security, lighting, on-
board emergency controls and brakes.

2.1.29 Regulation 29: Remote-controlled self-propelled work

equipment
Remote controlled equipment must stop as soon as it leaves its
control range and must incorporate features to guard against the risk
of crush or impact.

2.1.30 Regulation 30: Drive shafts

Drive shafts must be guarded where possible. If this is not possible,
other measures must be used to ensure the safety of employees.
Exposed transmission shafts that can become soiled or damaged
when uncoupled must include a guarding system.

2.1.31 Regulation 31: Power presses to which Part 4 does

not apply

Regulations 32 to 35 do not apply to:

Power presses that are used for working hot metal or

compacting metal powders
 Power presses incapable of a stroke greater than
6 mm
Guillotines
Combination machines for punching, sheering or cropping 51
Machines for bending steel sections (other than press

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Provision and Use of Work
brakes)
Machines for straightening, upsetting, heading, riveting,
eyeletting, wire stiching or stapling
Machines for attaching press-studs or bottom stops on zip
fasteners.

2.1.32 Regulation 32: Thorough examination of power presses,

guards and protection devices
Power presses shall not be put into service for the first time after
installation, or after assembly at a new site, until they have been
thoroughly examined to ensure they are installed and assembled
correctly and are safe to operate. All guards (fixed, movable,
adjoined to the tool) and protection devices (such as light curtains,
pressure mats, bump strips) must be examined and any defect
corrected.

To ensure health and safety conditions are maintained and that any
fault or deterioration is detected and remedied in good time, each
power press (including its guards and protection devices) must be
thoroughly examined:

At least every 12 months for presses with fixed

guards only
At least every 6 months in other cases, and
 After any incident that could jeopardise the safety of
the press.

Any defect that is reported must be remedied before the press is put
52
back into service. Where the press has been examined under the
previous regulations, the next examination must take place before the
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Provision and Use of Work

date required by these old regulations.

The regulation itself does not define what is included under a

thorough examination, but details can be found in the guidance
document PM 79, available from the HSE.

2.1.33 Regulation 33: Inspection of guards and protection

devices
After setting or adjustment, guards and protection devices must be
inspected and tested before the press is put into service. The power
press (including its guards and protection devices) must be inspected
and tested at least after every four hours of operation. A certificate
should be provided, containing all the particulars relating to the press
and identifying its guards and protection devices, giving the time and
date of the inspection and stating that every guard and protection
device on the power press is in position and effective.

A competent person, appointed in writing by the employer (or a

trainee under the immediate supervision of the competent person), is
required to sign this certificate. A competent person is someone who
has reached the age of eighteen and who has undergone suitable
training and sufficient practical instruction in:

Power press mechanisms, with reference to their function

and their bearing on safety
 All types of safety device (technology, function, testing
methods, fault-finding and installation)
The causes and prevention of accidents, with reference to
power presses 53
The work of the tool setter, with reference to safe working

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methods, lubrication and co-operation with the press
operator
Tool design in relation to safe working methods.

Any potentially dangerous defects uncovered by the inspection must

be reported to the employer.

2.1.34 Regulation 34: Reports

This regulation requires the person making the thorough examination
under Regulation 32 to notify the employer of any defect that could
cause danger to personnel. The report should be made as soon as
possible, and should give a detailed account of the inspection. If the
person making the report believes a power press (or its guards or
protection device) is defective, he or she is required to send a copy of
the report to the enforcing authority for the premises in which the
press is situated. This regulation also requires the person making an
inspection under Regulation 33 to notify the employer of any defect in
a guard or protection device that could cause danger to personnel,
and to state the grounds on which this belief is based.

2.1.35 Regulation 35: Keeping of information

All information in the form of reports under Regulation 32 must be
kept available for inspection for 2 years. The certificates produced
under Regulation 33 must be kept available for inspection at or near
the power press to which it relates until superseded, and after that
until 6 months have passed since it was signed.
 2.1.36 Regulation 36: Exemption for the armed forces
In the interests of national security, the Secretary of State for Defence
may issue a certificate to exempt the armed forces from the
requirements or prohibitions imposed by these regulations. Such an
54 exemption may be revoked (in writing) at any time.
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Provision and Use of Work

2.1.37 Regulation 37: Transitional provision

Equipment supplied for use before 5 December 1998 does not need
to meet the requirements of Regulations 25 to 30 (Mobile Work
Equipment) until 5 December 2002.

2.1.38 Regulations 38 and 39: Repeals and revocations

The 1998 PUWER Regulations replace the PUWER Regulations from
1992, which had replaced much of the existing UK legislation,
particularly in relation to machine guarding. PUWER 98 now
encompasses the power press regulations, mobile equipment and the
need for work equipment to be inspected. However, the new
requirements are very similar to the regulations that have been
repealed or revoked. Regulations 37 and 38, together with Schedule
4, provide details of all the repeals and revocations. For full details it
is advisable to read the Approved Code of Practice and Guidance,
published by the HSE.
2.2 Summary

When looking at the requirements of the regulations it is important to

bear in mind the changing nature of the workplace and, indeed, the
workforce:
55

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Provision and Use of Work
Workforce is now mobile
Workforce may be casual, rather than permanent
Operations may be rotated
Is work equipment adequately maintained?
Are new maintenance regimes, though diligent, less
thorough than before, and has the regularity factor
been removed?

These are important questions to bear in mind when considering how

best to meet the requirements of PUWER.

Schedule 3 of the regulations lists the type of information required in a

report on a thorough examination of a power press, guard or protection
device. This is as follows:

Name and address of the employer for whom the

examination was made
Description of each item examined, i.e. power press, guard
type or protection device; where known, the make, type
and year of manufacture, and any identifying marks of the
manufacturer/employer
In the case of a first thorough examination of a press after
installation or relocation, statements to confirm:
- that the examination was thorough
 - that the press has been correctly installed and is safe to
- operate or
- that the press has not been installed correctly and is not
safe to operate, with a description of any part found to be
56 defective
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Where it is not the first examination, statements to confirm:

- that the examination was thorough
- that the press is safe or unsafe to operate, with any
defects identified
In the case of guards or protection devices, a statement as
to whether or not they are effective for their purpose, with
any defects identified
A list of any repairs or alterations that must be made to
remedy any defect
Observations on any defect that could become a danger
and details of any repairs required in order to remedy it; the
date of this observation must be reported to the employer
Any other observations which require remedy
An inspection of any recommended repair or alteration
Information on the person making this report, i.e. self
employed or employed, name and address of employer
Date of the examination
Date of the report
Name and signature of the person making the report and,
where different, the name and signature of the person
authenticating the report.
Information that should be included on the inspection report for work
equipment is as follows:

Company name and address

Name of equipment inspected 57

Equipment Regulations 1998

Provision and Use of Work
Manufacturer
Serial number
Company identifier
Location
Type of inspection, e.g. first, after relocation, after
exceptional circumstance, periodic
Inspection details may contain:
- A risk assessment (e.g. any change to previous
- assessment due to location, risk reduction techniques or
- other circumstances)
- Any observed deterioration
- Maintenance of equipment
- General condition
- Operational conditions
- Ancillary equipment associated with the safe operation of
- the equipment
- Any other circumstances that could result in a dangerous
- situation
A statement on whether or not the equipment is safe to use
In the case of the equipment having a defect or an
identifiable risk that could jeopardise its safe use, a list of
repairs or alterations to be made to remedy the defect
Date of inspection
Name and business address of person or persons carrying
out the inspection
Date for re-inspection.
58
Provision and Use of Work
Equipment Regulations 1998