If you’re an employer or self-employed and provide work equipment in some way, there’s a good chance you need to comply with PUWER. Read our ultimate guide to PUWER to learn what it stands for, who’s affected and what you need to do to comply with the regulations.
What does PUWER stand for?
PUWER stands for Provision and Use of Work Equipment Regulations. According to the Health and Safety Executive, it applies to people who “own, operate or have control over work equipment”. PUWER 1998 replaced the PUWER 1992 regulations with some changes in coverage, including additional provisions for mobile work equipment.
What are PUWER regulations?
PUWER is about the management of risks associated with work equipment. The regulations are fairly extensive; you should read them in full if you think you might be affected.
It’s important to note that PUWER is broad. It’s broad in the following ways:
- It applies to both employers and the self-employed.
- It applies to all kinds of companies, including both businesses and organisations.
- It covers almost all types of “work” and “work equipment”.
Because PUWER is so broad, it’s something that almost all UK companies should be aware of and take seriously. As well as PUWER, more specific pieces of regulation apply to certain types of equipment, such as LOLER for lifting equipment and operations.
What do you have to do to comply with PUWER?
The full set of regulations includes additional details that should be read by everyone who owns, operates, or controls work equipment. But PUWER can be summarised as follows:
- Use the right work equipment for the job.
- Be aware of possible health and safety risks from using work equipment.
- Inspect and maintain work equipment regularly.
- Give people using work equipment adequate safety instructions.
- Only people with sufficient training should use dangerous equipment.
- Prevent access to dangerous parts of work equipment, except in specific managed situations.
In addition, all work equipment should comply with any relevant product supply law. This might mean a product should be marked with the manufacturer’s details or accompanied by English-language instructions.
Mobile work equipment is covered by an additional set of instructions, which, for example, specify that self-propelled mobile work equipment has adequate braking mechanisms in place.
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What equipment is covered by PUWER regulations?
PUWER covers all work equipment. In fact, PUWER covers “any machinery, appliance, apparatus, tool or installation for use at work”.
It’s important to understand that a piece of work equipment can be covered by PUWER and other regulations at the same time. Just because you’ve complied with PUWER does not mean that you are off the hook regarding regulatory compliance.
For example, work equipment that lifts people could come under LOLER and PUWER. Personal protective equipment must comply with the PPE Regulations as well as PUWER.
What are LOLER regulations?
LOLER stands for Lifting Operations and Lifting Equipment Regulations. Lifting equipment includes but is not limited to overhead cranes and their supporting runways, patient hoists and forklifts.
As we’ve already mentioned, a piece of work equipment may be covered by PUWER and LOLER. The regulations are additive rather than exclusive.
LOLER is a tougher set of regulations than PUWER, which makes sense as lifting equipment comes with additional risks. Again, the regulations are extensive, and we recommend reading them in full. As well as all the other requirements, LOLER states that lifting operations should be properly planned and supervised.
Related reading: What is PAT testing?
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Who is affected by PUWER regulations?
PUWER covers “people and companies” who “own, operate, or have control over” work equipment. In practice, nearly all businesses and organisations in the UK should comply with PUWER, as almost all of them will have some form of work equipment.
- PUWER applies to employers and the self-employed (who provide work equipment).
- PUWER applies even if the work equipment that you own is not used by someone from your company, such as if you rent out work equipment to other companies.
- PUWER applies to people using provided work equipment who work from home.
- If you sell work equipment to someone else, you are not responsible for ensuring that person complies with PUWER regulations.
- PUWER does not apply to those doing domestic work in a private household or working in the public domain.
Who is responsible for PUWER in the workplace?
The employer is responsible for ensuring that any provided work equipment complies with PUWER. This applies whether or not the employer owns the equipment.
PUWER also applies to the self-employed.
What are an employee’s responsibilities regarding PUWER?
Though employees are not directly responsible for PUWER, they can’t ignore health and safety requirements. Employees must follow the safety instructions provided by their employers and they must report any potential health and safety risks to their employers.
Who can do a PUWER inspection or assessment?
Any competent person can carry out a PUWER inspection, but there isn’t an exact definition of a “competent person” provided by HSE. Many third-party companies offer PUWER inspections as a service, though you are not required to use a third-party inspection service.
If you plan to do a PUWER inspection, keep the following information in mind:
- You should check that provided work equipment has been installed correctly (if appropriate) and has not deteriorated.
- Where work safety depends on the correct installation of work equipment, the work equipment and the manner of installation should be inspected before it is used.
- Inspection should be thorough enough to detect faults in work equipment in good time.
- Clear and accurate records of inspections should be kept as a log of any potential concerns uncovered and so they can be presented to Health and Safety Inspectors as needed.
Remember, carrying out a PUWER inspection is important, but it’s also important to be able to prove your compliance to any Health and Safety Inspectors. An easy way to demonstrate compliance is by gaining CHAS accreditation and signing up for our award-winning. Sign up for CHAS membership today.
