The power of PUWER

The Work Equipment Directive, is implemented in the UK by Provision and Use of Work Equipment Regulations 1998 (PUWER), and covers any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not) – effectively anything used at work. 

The primary objective of PUWER is to ensure the provision of safe work equipment and its safe use. This has several components, which are interlinked:

• Work equipment should not give rise to risks to health and safety, irrespective of its age or place of origin.
• The Regulations implement European Community (EC) Directive 2009/104/EC, concerning the minimum safety and health requirements for the use of work equipment. 
• The Regulations are made under the Health and Safety at Work, etc Act 1974 (HSW Act), and apply to all users and the self-employed covered by that Act in Great Britain except the crews of sea-going ships.
• These regulations require an inspection of all existing and new equipment, before it is deployed, using a risk assessment to address each applicable regulation.
• The regulations ask that the electrical system, the guarding and other possible hazards be assessed and corrected if required.

While PUWER doesn’t actually suggest a risk assessment should be carried out, Regulation 3 of the Management of Health and Safety at Work Regulations 1999 does, requiring that risks to both the health and safety of employees, and those not employed but who are on site, are assessed.

PUWER requires machinery end-user organisations to provide work equipment that is suitable for its intended task and can be used without putting persons at risk. As an overview, it requires that inspections are carried out:

• After installation and before being put into service for the first time; or after assembly at a new site or in a new location to ensure that it has been installed correctly and is safe to operate.

• After work equipment has been exposed to any conditions causing deterioration, which is liable to cause a dangerous situation.
• At suitable intervals; and
• Each time that exceptional circumstances have occurred that are liable to jeopardise the safety of work equipment. 

The results of these inspections have to be documented and kept until the next subsequent inspection is recorded. This means that there should be a current inspection report kept on file at all times. The PUWER regulations also make it an offence to allow work equipment to be sold or hired (leave an employer’s undertaking), or if obtained from another undertaking, be used, unless it is accompanied by physical evidence that the last inspection has been carried out.

Assessment

Risk assessments ensure that machinery meets the requirements of both the Machinery Directive and PUWER. A thorough and correct risk assessment should therefore be completed before any new machinery goes into operation and if substantial modifications are made. As PUWER inspections are an ongoing process, assessment documentation must always refer to the latest standards, not to the standards that were applicable when a machine was first brought into service. 

In total, there are 39 PUWER regulations, and a simple checklist can be constructed to determine the necessary compliance actions. Software is available to help automate this checklist process. If this process reveals the existence of a potential hazard, then a risk assessment must be carried out, with the implementation and recording of appropriate control measures.

While machinery safety is a complex process, widely available guidance means there is no excuse for getting PUWER wrong. If in doubt, seek expert advice as the safety of your employees and the reputation of your business may depend upon it.