PAT Testing - Legal Requirements
The legislation of specific relevance to electrical maintenance is 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:

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

The Provision and Use of Work Equipment Regulations 1998 states "Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair." The PUWER 1998 covers most risks that can result from using work equipment.

With respect to risks from electricity, compliance with the Electricity at Work Regulations 1989 is likely to achieve compliance with the PUWER 1998. PUWER 1998 only applies to work equipment used by workers at work. This includes all work equipment (fixed, transportable or portable) connected to a source of electrical energy. PUWER does not apply to fixed installations in a building. The electrical safety of these installations is dealt with only by the Electricity at Work Regulations.

The Electricity at Work Regulations 1989 states: "All systems shall at all times be of such construction 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 for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy."
Scope of the legislation - It is clear that the combination of the HSW Act 1974, the PUWER 1998 and the EAW Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment.

PAT Testing for Businesses
Portable appliance testing is an important step towards satisfying an employer's legal duty of care to protect their 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 led or contributed to the damage.

The Responsibility of Employers
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 the requirements of the 1989 Electricity at work regulations, it is widely regarded to be necessary to implement a programme of planned inspection and testing of portable appliances.

In 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 good repair.

Landlords & Letting Agents
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.

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, be sued in Civil Law under the duty of care for failure to ensure the tenants safety and face punitive damages.