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PAT Testing and The Law
We are often asked what the legal requirements for PAT testing are? It is a very common question!
Actually, there is no legal requirement for PAT testing. It is however an accepted method of testing to ensure that your portable appliances adhere to the regulations that are set by different governing bodies. You have a legal responsibility to make sure that electricity at work is continually maintained and deemed fit for human use. PAT testing is a way to prove that these types of checks have been carried out.
The following legislation acts govern the process of electrical safety and PAT testing.
The Health and Safety at Work Act 1974
Under this act, it is the responsibility of the employer and employee to ensure the safety of anyone else currently using the work premises. Self-employed people are not exempt from this act.
https://www.hse.gov.uk/legislation/hswa.htm
The Management of Health & Safety at Work Regulations 1999
It is the responsibility to assess the danger level of the environment their employees will be working in, and make sure they take the relevant steps to make the area as safe as is feasibly possible.
“Every employer shall make suitable and sufficient assessment of:
(a) the risks to the health and safety of his employees to which they are exposed whilst at work, and
(b) the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking.”
https://www.legislation.gov.uk/uksi/1999/3242/contents/made
The Provision and Use of Work Equipment Regulations 1988
This regulation applies to the use of work equipment, and the responsibility of ensuring that the work equipment is maintained to keep it safe for us. It governs over all work equipment (fixed, transportable and portable) that is connected to a source of electrical energy.
It does not apply to fixed installations within building.
The regulation states “Every employer shall ensure that work equipment is maintained in an efficient state, or efficient working order and in good repair.”
https://www.hse.gov.uk/work-equipment-machinery/puwer.htm
The Electricity at Work Regulations 1989
This is the most comprehensive act covering the testing of electrical items as it defines what electrical equipment is as well as the responsibilities it requires.
“All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such as danger.”
“As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger”.
“’System’ means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment.”
“’Electrical Equipment’ includes anything used, intended to be used or installed to use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.”