If your business owns, operates or controls work equipment, you must comply with the Provision and Use of Work Equipment Regulations 1998 (frequently referred to as simply “PUWER”).
PUWER is a legal obligation designed to ensure and maintain worker safety when using equipment in the workplace.
In this guide, we’ll explore PUWER in more detail, including which equipment it covers and how you can comply with it.
What is PUWER and What Does It Cover?
As an employer, you have a responsibility under PUWER to ensure all workplace equipment is safe, suitable and properly maintained. That includes equipment that you provide for your workers, or personal equipment that full-time or self-employed employees bring into the workplace.
PUWER requires that all work equipment is:
- Suitable for its intended purpose
- Correctly installed, safe to use and properly maintained
- Used only by workers who have received the necessary training to carry out work safely
- Accompanied by suitable health and safety measures, such as guards, controls, and emergency stop buttons
- Used in compliance with specific safety measures (this applies to mobile work equipment and power presses)
The definition of “work equipment” is wide-ranging, and applies to all types of new, existing and second-hand machinery, appliances, apparatus, tools or installations provided for use in the workplace. According to HSE’s Approved Code of Practice and guidance, this includes:
- Toolbox tools (such as hammers, knives, handsaws and meat cleavers)
- Single machines (such as such as drilling machines, circular saws, photocopiers, combine harvesters and dumper trucks)
- Apparatus (such as laboratory apparatus)
- Lifting equipment (such as hoists, lift trucks, elevating work platforms, lifting slings)
- Other equipment (such as ladders and pressure water cleaners)
- An installation (such as a series of machines connected together)
- Mobile equipment and power presses (specific safety measures apply - learn more here)
Ship-related work equipment is generally excluded from PUWER regulations, as it will instead fall under merchant shipping legislation.
When does PUWER apply?
PUWER applies to equipment provided for use in any workplace or work situation that’s covered by the Health and Safety at Work etc Act 1974 (often referred to as the “HSW Act”), and places responsibilities on employers, self-employed people and people who use or have control over work equipment.
The word “use” here covers a wide range of work activities, including starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning, as described in HSE’s Approved Code of Practice and guidance.
What are Your Responsibilities Under PUWER as an Employer?
As an employer, you’re legally required to ensure all work equipment provided in the workplace is safe, suitable and properly maintained. Here are four key responsibilities:
1. Equipment Suitability
As an employer, it’s your responsibility to ensure that all work equipment provided is fully suitable (either by design, construction or adaptation) for its intended purpose.
This means that when selecting work equipment, you’ll need to consider the nature of its intended tasks, the work environment and any specific hazards that may arise during use. For example, equipment used in an environment that’s exposed to hazardous substances, high pressures or extreme temperatures must be able to function safely within those conditions.
You should also ensure that equipment is used in strict accordance with the original equipment manufacturer’s specifications and instructions. That’s because deviating from these can compromise safety and may lead to equipment failure.
2. Maintenance
Under PUWER, you have an obligation to carry out regular maintenance to ensure it remains in safe working condition and prevent it from deteriorating to the point where it could pose a risk to health and safety.
This might include regular servicing, such as lubricating moving parts, replacing worn components, and cleaning, alongside performing safety-related maintenance tasks, including checking and replacing worn or damaged friction linings.
The frequency at which you perform maintenance tasks will depend on:
- Intensity of use: Equipment that is used frequently or under heavy loads may require more frequent maintenance.
- The operating environment: Equipment used in harsh environments may be more prone to deterioration and require more regular maintenance.
- Variety of Operations: Equipment that performs a variety of tasks may have different maintenance needs compared to equipment used for a single activity only.
- Risk of Malfunction: Prioritise equipment that has a higher risk of failure, or where malfunction could lead to serious injury or damage.
3. Inspections
As well as regular maintenance sessions, you’ll need to carry out inspections when equipment is first installed, when it’s moved and when it’s relocated. You’ll also need to carry out inspections at regular intervals for equipment that’s exposed to conditions that can cause deterioration.
The purpose of inspections is to ensure equipment is functioning safely and correctly and all safety features (such as interlocks, protection devices, and controls) are working, as well as to catch any potential safety risks before they can turn into accidents.
Finally, inspections under PUWER should be carried out by individuals who are competent and have the necessary expertise to perform the task effectively. While routine inspections can often be handled by trained in-house staff, more complex or specialised inspections might require external specialist expertise.
4. Safe Use and Operation
As the employer, you’re legally required under PUWER to ensure all work equipment is used and operated safely. But what does that entail?
Firstly, only individuals who have received proper training should be allowed to operate work equipment. You must not only enforce this, but also supply training on how to use equipment correctly and safely, as well as any risks associated with operation and how to mitigate them.
Secondly, you’ll need to appoint adequate supervision in cases where operators are less experienced or where equipment poses a higher safety risk. This is to ensure safety procedures are followed and operators are using equipment as trained.
And thirdly, you must provide all workers using, supervising or managing the use of work equipment with clear and adequate health and safety information. This includes written instructions on the equipment’s use, safety guidelines, equipment markings and warnings, and any specific procedures that need to be followed.
5. Risk Assessment and Control
Risk assessments are a legal requirement under PUWER. They help you to identify potential hazards associated with the use of the work equipment and its environment, and put in place measures and controls to mitigate them.
Here are the key steps to conducting a PUWER risk assessment:
- Identify all potential hazards: Including mechanical and electrical hazards, dangerous substances, environmental conditions, operational hazards and human error.
- Determine who is at risk for each hazard: Whether that’s the equipment operator, maintenance personnel, other workers, visitors or contractors, or the general public.
- Evaluate risks: Evaluate the level of risk associated with each hazard, based on the likelihood and severity of harm.
- Identify the appropriate measures: Identify which steps you need to take to eliminate or reduce risk to an acceptable level.
- Implement controls: Promptly implement risk control or elimination measures.
- Document your findings: A written record is legally required under PUWER, and should include the hazard, who might be harmed and how, the risk level before and after control measures, who’s responsible for implementing the measures and a timeline for reviewing effectiveness.
Finally, it’s important to note that risk assessment and control is not a one-time activity. It’s an ongoing process that you should regularly review and update.
6. Safety Features
Under PUWER, you’re required to implement a range of safety measures to protect workers against potential hazards at work. These safety measures are essential to prevent accidents and injuries in the workplace and to ensure compliance with the law.
This involves equipping all work equipment with appropriate safety devices, including:
- Fixed or interlocked guards: To prevent access to dangerous parts of work equipment
- Emergency stops: To enable operators to halt the equipment immediately in the event of an emergency
- Interlocks: To prevent equipment from operating under unsafe conditions
- Control systems: To enable operators to start, stop and operate equipment in a clear and safe manner
The features and measures you choose to implement should be based on thorough risk assessments and the environment in which they are used.
Other Applicable Regulations
In addition to PUWER, some work equipment is subject to additional health and safety regulations. For example:
- Lifting equipment must also comply with Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), which are designed to reduce risks associated with lifting operations (Learn more about LOLER here).
- Pressure equipment must meet Pressure Systems Safety Regulations 2000 (PSSR), which are designed to prevent accidents caused by pressure systems failure that could result in serious injury or damage.
- Personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), which set out specific responsibilities for UK employers to provide and ensure the proper use of PPE in the workplace.
It’s also worth noting that most new work equipment that’s classed as machinery also falls under the Supply of Machinery (Safety) Regulations 2008, which requires that machinery supplied to the GB market complies with strict safety standards and has the UKCA mark. Learn more about the Supply of Machinery (Safety) Regulations here.
Comply with PUWER with Total Confidence
Since 1991, we’ve been helping manufacturers and importers in the semiconductor, pharmaceutical, and other high-technology industries comply with the requirements PUWER.
Our turnkey PUWER assessment service covers the whole process, from testing equipment against regulations to providing test reports and remedial solutions in the event of non-compliance.
Discover our PUWER assessment service via our service page here.
