Do I need It? The Legal Responsibilities
First is PAT testing a legal requirement - no it is not!
But and it is a but, as the IET Code of Practice for the In-service Inspection and Testing of Electrical Equipment (5th Edition), can be used to prove negligence under current legislation in the event of an electrical equipment related accident where a suitable safety regime is either not in place or is inadequate. Fines imposed can be very hefty and ruinous where negligence has been proven.
Therefore, more and more companies small and large, are now mitigating their risk by including PAT testing/ electrical equipment safety testing as part of their electrical equipment Health & Safety regime, and some insurers are asking for it as a requirement for issuing policies.
PAT testing / electrical equipment safety testing ensures the legal obligations as set out under following legislation are met:
The Workplace (Health, Safety and Welfare) Regulations 1992
This regulation states that, “every employer shall ensure that the workplace equipment, devices and systems are maintained and where appropriate, equipment, devices and systems shall be subject to a suitable system of maintenance”es.
The Health and Safety at Work etc. Act 1974
This act puts a duty of care on both employers and employees, “to ensure the safety of all persons using work premises”, including the Self-Employed.
The Electricity at Work Regulations 1989
This regulation states that, “as may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger”.
The Management of Health and Safety at Work Regulations 1999
This regulation states that, “every employer shall make a suitable assessment of:
- (a) the risks to the health and safety of his employees to which they are exposed while they are at work, and
- (b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking”.
The Housing Act 2004 (England and Wales)
This act requires Landlords to ensure that, “rented residential properties are subject to risk assessment in order to provide a safe and healthy environment for any occupiers or visitors and this includes electrical equipment”.
The Electrical Equipment (Safety) Regulations 1994
This regulation requires landlords providing electrical equipment as part of a tenancy, “to take reasonable steps to ensure that the appliances are safe”.
As noted in the legislation, all landlords, employers and even self-employed individuals, must maintain electrical equipment and ensure it is safe to use. This is done through regular maintenance and testing of the appliances to safeguard against damage, and to make certain that these items perform properly in the environment for which they were intended.
Therefore, it is imperative that employers, landlords and self-employed individuals follow the rules and legislation to ensure that their workplaces are safe.