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Legal Requirements

The legislation of specific relevance to electrical maintenance can be found in the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999, the Electricity at Work Regulations 1989, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998.

The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.

The Management of Health & Safety at Work Regulations 1999 states: "Every employer shall make suitable and sufficient assessment of:

(1) the risks to the health and safety of his employees to which they are exposed whilst at work

(2) 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."

PAT Inspections

Portable appliance testing is an important step towards satisfying an employer's legal duty of care to protect his employees and customers from harm in the workplace. In addition, many insurers view regular appliance testing as an essential condition of their insurance contracts.

Most major underwriters have indicated that they expect the businesses they insure to be compliant with all applicable regulations when insuring the business. An insurer may reduce, delay or even refuse to pay on a claim for damage if an appliance that has not been tested has caused or contributed to the damage.

 

The Responsibility of Employers – What does the law say?

Electricity at Work Regulations 1989 Regulation 4 (2): “As may be necessary to prevent danger all, systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.” To meet these requirements, it is widely regarded to be necessary to implement a programme of planned inspection and testing of portable appliances.

Under the Health & Safety at Work Act 1974, all employers have a legal duty to provide safe plant and equipment and every employer must ensure that equipment must be maintained in an efficient state, in efficient working order and in good repair. In the property sector, a duty of care exists for landlords and estate agents to ensure the safety of electrical appliances in the properties that they lease to their tenants.

You are likely to be held legally liable for fire damage and personal injury resulting from unsafe appliances. These include garden equipment, TVs, toasters, fridges and vacuum cleaners. Portable Appliance Testing is vital to ensure you have fully discharged your legal obligations and to give your tenants peace of mind in their homes and offices.

Landlords and Lettings Agents

The regulations on electrical appliances for landlords and letting agents The Electrical Equipment (safety) Regulations 1994, mandatory since 1 January 1997. State that all electrical appliances supplied with let accommodation must be safe. This applies to both new and second-hand appliances and covers all electrical items supplied for the intended use of the tenant. The only sure method of ensuring that these appliances are safe is to have them tested by a competent person using the appropriate calibrated PAT testing equipment.

Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumers’ Protection Act 1987, which carries a maximum penalty on summary conviction of a £5000 fine and/or 6 months imprisonment. In addition, the landlord may be sued in Civil Law under the duty of care for failure to ensure the tenants’ safety and face punitive damages