A5 Safety Cat CH2 - BARA · 2.1.22 Regulation 22: ... 2.2 Summary 34 Provision and Use of Work ......

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33 Provision and Use of Work Equipment Regulations 1998 Chapter 2 Provision and Use of Work Equipment Regulations 1998 Contents 2.0 Background to the Provision and Use of Work Equipment Regulations (PUWER) 2.0.1 Scope 2.1 The Regulations 2.1.1 Regulation 1: Citation and commencement 2.1.2 Regulation 2: Interpretation 2.1.3 Regulation 3: Application 2.1.4 Regulation 4: Suitability of work equipment 2.1.5 Regulation 5: Maintenance 2.1.6 Regulation 6: Inspection 2.1.7 Regulation 7: Specific risks 2.1.8 Regulation 8: Information and instructions 2.1.9 Regulation 9: Training 2.1.10 Regulation 10: Conformity with Community requirements 2.1.11 Regulation 11: Dangerous parts of machinery 2.1.12 Regulation 12: Protection against specified hazards 2.1.13 Regulation 13: High or very low temperature 2.1.14 Regulation 14: Controls for starting or making a significant change in operating conditions 2.1.15 Regulation 15: Stop controls 2.1.16 Regulation 16: Emergency stop controls 2.1.17 Regulation 17: Controls 2.1.18 Regulation 18: Control systems

Transcript of A5 Safety Cat CH2 - BARA · 2.1.22 Regulation 22: ... 2.2 Summary 34 Provision and Use of Work ......

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Chapter 2Provision and Use of Work Equipment Regulations 1998

Contents2.0 Background to the Provision and Use of Work

Equipment Regulations (PUWER)2.0.1 Scope

2.1 The Regulations 2.1.1 Regulation 1: Citation and commencement2.1.2 Regulation 2: Interpretation2.1.3 Regulation 3: Application2.1.4 Regulation 4: Suitability of work equipment2.1.5 Regulation 5: Maintenance2.1.6 Regulation 6: Inspection2.1.7 Regulation 7: Specific risks2.1.8 Regulation 8: Information and instructions2.1.9 Regulation 9: Training2.1.10 Regulation 10: Conformity with Community

requirements2.1.11 Regulation 11: Dangerous parts of machinery2.1.12 Regulation 12: Protection against specified

hazards2.1.13 Regulation 13: High or very low temperature2.1.14 Regulation 14: Controls for starting or making a

significant change in operating conditions2.1.15 Regulation 15: Stop controls2.1.16 Regulation 16: Emergency stop controls2.1.17 Regulation 17: Controls2.1.18 Regulation 18: Control systems

2.1.19 Regulation 19: Isolation from sources of energy2.1.20 Regulation 20: Stability2.1.21 Regulation 21: Lighting2.1.22 Regulation 22: Maintenance operations2.1.23 Regulation 23: Markings2.1.24 Regulation 24: Warnings2.1.25 Regulation 25: Employees carried on mobile

work equipment2.1.26 Regulation 26: Rolling over of mobile work

equipment2.1.27 Regulation 27: Overturning of fork-lift trucks2.1.28 Regulation 28: Self-propelled work equipment2.1.29 Regulation 29: Remote-controlled self-propelled

work equipment2.1.30 Regulation 30: Drive shafts2.1.31 Regulation 31: Power presses to which Part 4

does not apply2.1.32 Regulation 32: Thorough examination of power

presses, guards and protection devices2.1.33 Regulation 33: Inspection of guards and

protection devices2.1.34 Regulation 34: Reports2.1.35 Regulation 35: Keeping of information2.1.36 Regulation 36: Exemption for the armed forces2.1.37 Regulation 37: Transitional provision2.1.38 Regulations 38 and 39: Repeals and revocations

2.2 Summary

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2.0 Background to the Provision and Use of WorkEquipment Regulations (PUWER)

The PUWER Regulations were made under the Health and Safety atWork Regulations (MHSWR). They were originally introduced in 1992and placed wide-ranging responsibilities for health and safety in theworkplace on employers and employees alike. Regulation 3 of theMHSWR requires every employer to assess the risks to the healthand safety of people in their workplace. This means that it is theemployer’s responsibility to look not only at work equipment but at thewhole working environment (from the front door to the back gate).Five other regulations were introduced to complement the Health andSafety at Work Regulations:

PUWER

VDU

Manual Handling

Workplace Health, Safety and Welfare

Protective Equipment at Work.

All are very relevant. PUWER has an all-encompassing demand onthe workplace, although the regulations are predominantly aimed atequipment used at work. The regulations not only require employersto provide suitable work equipment but also instruct them to considerworking conditions and any risks to the health and safety ofpersonnel.

The application of PUWER must be addressed by different skills andcan be regarded as shown in Fig. 4 overleaf. For example, it wouldbe the task of the maintenance engineer to address the section onmaintenance, and the responsibility of the production engineer to look

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at the section on personnel, but both would be involved in thesections looking at equipment.

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MHSWR

PUWER1 - 38

Personnel8, 9, 10, 23, 24

Equipment6, 11 - 21, 25 - 34

Workplace4, 6, 7, 8, 23, 24

Maintenance5, 6, 22, 23, 24

Fig. 4: The different aspects to PUWER

2.0.1 ScopeThese far-reaching regulations make it the employer’s responsibilityto ensure that safe work equipment is provided, enabling employeesto carry out their duties safely. PUWER covers all areas of work andall types of work equipment. Areas of work activity include shops,offices, schools, factories, hospitals and offshore installations. Workequipment on board sea-going vessels is subject to these regulationsin certain circumstances. For further information it is advisable torefer to the Approved Code of Practice and Guidance, published bythe HSE.

The equipment covered is wide and varied. The short descriptionincludes “anything from a tool to a car assembly plant”.Responsibilities also fall on employees, who are obliged to co-operatewith their employers on health and safety matters, to use and notmisuse anything provided for their health, safety and welfare, and tocare for their own health and safety as well as those affected by theiracts or omissions.

Since these regulations were introduced, PUWER has been thedriving force towards a safer workplace. On 5 December 1998, aredraft of the PUWER Regulations came into force. This includedsome new parts and rearranged some of the sections. Again, for fullinformation it is best to refer to the Approved Code of Practice andGuidance, published by the HSE.

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2.1 The Regulations

There are now 39 regulations, divided into Parts 1 to 5:

Part 1 (Introduction) contains Regulations 1 to 3

Part 2 (General) contains Regulations 4 to 24

Part 3 (Mobile Work Equipment) contains Regulations25 to 30

Part 4 (Power Presses) contains Regulations 31 to 35

Part 5 (Miscellaneous) contains Regulations 36 to 39.

Parts 3 and 4 of the regulations were added to PUWER in December1998. The regulations in Part 4 (Power Presses) revoke the PowerPress Regulations 1965 (S.I. 1965/1441) and the Power Presses(Amendment) Regulations 1972.

2.1.1 Regulation 1: Citation and commencement These regulations are cited as the Provision and Use of WorkEquipment Regulations (1998). They revoke the Provision and Use ofWork Equipment Regulations (1992) and apply to all work equipment.

2.1.2 Regulation 2: InterpretationThis regulation defines work equipment as any machinery, appliance,apparatus, tool or installation for use at work. Any item used duringwork is covered by this regulation, with the exception of private cars,livestock, substances and structural items (NB. stairs are notincluded, but ladders are). The regulations also cover any activityinvolving the use of work equipment, such as modification, repair,cleaning, starting, stopping and servicing. Employers must ensurethat all work equipment meets the essential requirements of theregulations laid down for the manufacture of that equipment, and that

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inspections are carried out in the right manner, by the appropriateperson.

2.1.3 Regulation 3: ApplicationThis regulation defines where the duties lie. In general, theseregulations involve duties placed on employers (whether individuals,partners or companies) in respect of work equipment provided for orused by an employee at work. It also applies to the self-employedperson in respect of work equipment used at work. It even extendsbeyond this to those who have control of work equipment, and tothose who use, supervise or manage its use or the way it is used, tothe extent of their control. These requirements do not apply to aperson supplying work equipment for sale, sale agreement or hirepurchase (machinery factors etc.). Please refer to Regulation 6 forthe requirements with regard to direct acquisition, supply andinstallation.

This regulation also outlines its application with respect to merchantshipping, referring to the “merchant shipping requirements”.However, certain regulations will apply for “special operations”, i.e.use of work equipment by other than the master or crew, or if otherpersons are exposed to a health risk.

2.1.4 Regulation 4: Suitability of work equipmentEvery employer shall ensure that work equipment is:

Constructed or adapted in a way that is suitable forthe purpose for which it is provided

Only used for the purpose for which it is provided

Only used in the place and under the provisions forwhich it is provided.

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These three aspects are the main thrust of this regulation. The firstsuggests that work equipment must have integrity, either in its initialdesign and construction or in the way it is adapted to meet thefunctional requirements of the task it performs. It must functioncorrectly and it must not present a hazard to anyone exposed to it.

The second aspect stresses that work equipment can only be safewhen used within its design criteria. An example of unsafe practicewould be to use a one tonne sling to lift a five tonne load. The thirdpoint concerns where work equipment is used. Design limits areagain important, for example, equipment designed for use indoors orin dry conditions could become hazardous if used outdoors or duringa thunderstorm.

2.1.5 Regulation 5: MaintenanceWork equipment must be efficiently maintained and kept fit andsuitable for its intended purpose. It must not be allowed todeteriorate in function or performance to such a level that it putspeople at risk. This means that regular, routine and plannedmaintenance regimes must be considered if hazardous problems canarise. Machinery is not required to have a maintenance log, butwhere one exists, it must be kept up-to-date. This regulation ties inclosely with Regulation 22, which states that facilities and informationto allow safe maintenance must be provided.

2.1.6 Regulation 6: InspectionWhere the safety of work equipment depends on the installationconditions, it is now the duty of every employer to ensure that theseare inspected after installation and before the equipment is put intoservice for the first time, or after it is assembled at a new site orlocation. This inspection must be appropriate for the particularequipment (i.e. may be visual or more rigorous). Where necessary,

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appropriate testing must be carried out. The inspection must be carriedout by a competent person who has had suitable training on theequipment and knows what has to be assessed and who to report to.

Equipment exposed to conditions causing deterioration which couldlead to a dangerous situation must be inspected at suitable intervals,or sooner if a situation has occurred that is liable to jeopardise itssafety. The results of an inspection must be recorded and kept untilthe next inspection. This will ensure that good health and safetyconditions are maintained and that any deterioration is detected andremedied in good time. No work equipment shall leave an employer’spremises or be acquired by the employer unless it is accompanied byphysical evidence of the last inspection.

This regulation does not apply to:

Power presses or the protection devices for tools on suchpower presses

Work equipment for lifting loads, including people

Winding apparatus covered by the Mines (Shafts andWinding) Regulations 1993

Work equipment required to be inspected by Regulation29 of the Construction (Health, Safety and Welfare)Regulations 1996.

2.1.7 Regulation 7: Specific risksWhere the use of work equipment involves specific risks to health andsafety, employers must ensure that only personnel with suitable andsufficient training are allowed to operate or maintain such equipment.

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2.1.8 Regulation 8: Information and instructionsAll personnel involved with the use, maintenance and supervision ofwork equipment must have access to adequate information and,where necessary, written details concerning its safe use. Thisinformation must include details of:

How the equipment should be use

Restrictions on its use

Foreseeable abnormal situations that could occur

Action to be taken in case of the above.

2.1.9 Regulation 9: TrainingAnyone who will use work equipment must be given adequate trainingin its use and must be well informed as to specific precautions thatmay be required. Employers must ensure that the same training isgiven to supervisors and managers. Training should detail the correctmethods to adopt when using the equipment and any precautionsrequired to combat residual risks.

2.1.10 Regulation 10: Conformity with Community requirementsIf work equipment is subject to any European Directive ratifiedthrough Parliament (Statutory Instrument), it must comply with theessential requirements relating to its design or construction before itis supplied for use. As far as machinery is concerned, this meansthat any unit supplied after 1 January 1993 must comply with TheSupply of Machinery (Safety) Regulations before it is used. Second-hand machinery acquired from outside the European Economic Areamust also comply with this regulation before it is put into service.This means that all such units must carry the CE mark and must besupplied with a declaration of conformity with the Essential Healthand Safety Requirements. Before being put into use, all work

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equipment must be inspected (Regulation 6) with regard toRegulations 11-19 and 22-29, as the essential requirement of thatitem of work equipment may not be suitable once installed in theworkplace.

It is illegal to either supply or use machinery that does not comply. Itis important to note that the CE mark is not a quality mark, nor does itshow fitness for the user’s intended purpose. Anyone puttingmachinery into service should make sure the equipment is safe andinterpret the CE as “check everything”.

2.1.11 Regulation 11: Dangerous parts of machineryMeasures must be taken to prevent access to dangerous parts ofmachinery or to stop dangerous movement before any part of anexposed person can enter a danger zone. Essentially thesemeasures are laid out in a hierarchy, as detailed below:

Where possible, fixed guards must be provided in order toenclose the dangerous parts (e.g. covering the drive belts, whereaccess is not required on a regular basis).

If this is not practical, movable guards and/or other protectiondevices shall be applied (e.g. using interlocked guards in areaswhere frequent access is required; using light curtains,mechanical trip devices and pressure mats to stop dangerousmovements before personnel can reach hazardous areas).

Where this is not possible, the next step would be to use jigs orpush sticks. These must be used in conjunction with specialisedtraining to allow the task to be performed while the body is keptas far away from the hazard(s) as possible (e.g. using a pushstick to complete the cut when using a circular saw).

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When all the other measures have been applied as far as isreasonably practicable, the final step is to “warn and inform” byproviding special training and, where necessary, supervision.

As implied in the final paragraph, each step must be analysed and,where practicable, put in place before deferring to a lower level ofprotection. This can only be achieved by carrying out a detailed riskassessment (see Chapter 4). This regulation also details the basicrequirements for the construction of guards, as well as theirmaintenance and possible misuse. These ideas are expanded inChapter 5.

2.1.12 Regulation 12: Protection against specified hazardsThis regulation identifies several specific hazards and requires theensuing risks to health and safety either to be prevented or, wherethis is not reasonably practicable, to be adequately controlled. Theprovision of personal protective clothing, training and information isnot considered adequate protection against such hazards. Thesemeasures must be front-line actions, designed to prevent or reducethe likelihood of the hazard occurring or to minimise the effects of thehazard. The hazards identified are:

Any article or substance falling or being ejected from workequipment; rupture or disintegration of parts of work equipment

Fire or overheating

Unintended or premature discharge of any article or any gas,dust, liquid, vapour or other substance used, produced or storedin the work equipment

Unintended or premature explosion of the equipment or anyarticle/substance produced by, used or stored in it.

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2.1.13 Regulation 13: High or very low temperatureEvery employer shall ensure that work equipment that is at high orvery low temperature shall have protection in order to prevent injuryby burn, scald or sear. This also applies to parts of work equipmentand any article or substance produced, used or stored in workequipment, where such temperatures are present. This regulationcalls for protection against contact damage and not radiated heat orglare. Achievable protective measures (e.g. lagging pipes on a boileror the barrel of an injection-moulding machine) take precedence. Ifsuch protection is not suitable (e.g. soldering iron or hotplate),sufficient warnings, training and the use of protective clothing will berequired. However, these should not be applied until all feasibleengineering measures have been explored.

2.1.14 Regulation 14: Controls for starting or making asignificant change in operating conditions

Machinery must be provided with one or more controls to start orregulate any change in speed, pressure or other condition that couldincrease the risk to the health and safety of the exposed person.All controls to start or restart machinery (after a stoppage) shall be bydeliberate action. One exception is the case of an automatic machineoperating in a normal cycle. However, if an operator interrupts thecycle to make adjustments or clear blockages, restart shall only be bydeliberate action. If changing the mode of operation could presenthazards to the operator (e.g. changing from automatic to manual ormaintenance mode), this should only be possible by using a key oraccess code, for example.

2.1.15 Regulation 15: Stop controls All work equipment, where appropriate, must be provided with one ormore readily accessible controls that will bring the equipment to a safe

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condition in a safe manner. This control shall have priority over startcommands. If required for reasons of health and safety, this controlshall bring the work equipment to a complete stop and remove orswitch off all forms of energy when the stop is achieved. In somecases, a stop command will only stop machine movement, leavingdevices such as pumps or fans running. This is permitted if suchdevices do not present a danger to exposed persons.

2.1.16 Regulation 16: Emergency stop controlsOne or more emergency stop controls must be provided, unless theiroperation would not reduce the risk. These will have priority over allother controls. Their operation will bring the equipment to a safecondition in the quickest possible time, without causing other hazards.The standards explain that, where appropriate, the stop function shalloperate as a category 0 or 1 stop. These stops will be provided atworkstations and other appropriate positions as directed by the riskassessment (see Chapter 4). Emergency stop devices includedevices such as:

Mushroom-headed buttons

Bars

Levers

Kick-plates

Pressure-sensitive cables.

All such devices must be well marked and easily recognised. Wherepossible, they must lock in the off position and require a definite actionto reset. Resetting the emergency stop should not allow an automaticrestart. This must only be possible by an additional voluntary action.

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2.1.17 Regulation 17: ControlsControls should be clearly visible and identifiable, and should bepositioned so that operators can use them without risk to their healthand safety. Where possible, they should be positioned so thatoperators can see that all areas are clear; if this is not possible,suitable additional measures should be put in place. These caninclude audible and visual warnings to serve as alarms prior to themachine starting up. Good advice is available in the harmonisedstandards.

2.1.18 Regulation 18: Control systemsThe control system must be safe and its operation must not causerisks to health and safety. The action of the control system must beassessed in all modes of use, taking into account the demand rate onthe work equipment and making allowances for failures and faults thatcould affect health or safety. This is where the safety-related parts ofthe control system must be assessed and the application of therelevant specifications applied. As stated in Regulations 15 and 16,stops and emergency stops must always take precedence. The mostsignificant part of this regulation is the requirement that a controlsystem should fail to a safe condition, or that the possibility of it failingto danger should be minimised, as far as is reasonably practicable.

Please note that Regulations 14-18 only concern workequipment that has some form of control system. Some are onlyconcerned with equipment that has moving parts (start and stoprequirements).

2.1.19 Regulation 19: Isolation from sources of energyIt must be possible to isolate the work equipment from all forms ofenergy. This isolation must be free from risk and, where practical, ameans to lock off the energy source must be supplied.

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Regulation 19 aims to enable functions such as maintenance, settingand cleaning to be carried out without risk.

2.1.20 Regulation 20: StabilityEmployers must ensure that work equipment is stable, or can bemade stable, before it is used. As far as machinery is concerned, thisregulation requires equipment that is used in a fixed position to befirmly bolted down in order to prevent movement during use.

2.1.21 Regulation 21: LightingSuitable additional lighting shall be supplied if ambient lighting is notsufficient or would cast shadows, causing risks to health and safety.This extra lighting can be fitted to the machine as an integral part(local lighting) or can be achieved by improving the externalarrangements. If extra lighting is only required under certainconditions (e.g. maintenance or setting), this must be of a standardsuitable for the required task (e.g. low voltage hand lamp with clipfixing).

2.1.22 Regulation 22: Maintenance operationsThis is an extension to Regulation 5, which states that maintenance isan essential part of health and safety strategy. This regulation statesthat it must be possible to carry out maintenance work safely, withoutexposing people to risks and, where possible, with the equipmentisolated from any energy source (as per Regulation 19). If workneeds to be carried out where such risks cannot be eliminated,appropriate measures shall be taken. These can include temporaryguards, special tools, jigs or fittings, for example. Further informationcan be found in EN 60204-1, in the section entitled “Suspension ofSafeguards”.

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2.1.23 Regulation 23: MarkingsAny markings on work equipment that are appropriate to health andsafety must be clear. Controls must be unambiguous and, if relevant,maximum speeds and directions must be indicated together withinformation on safe working loads and pressures. This requirementalso covers individual machine identification for the employer’s ownpurposes (e.g. for maintenance and, most importantly, for isolation).

2.1.24 Regulation 24: WarningsWarning notices shall be fitted to all work equipment that presents arisk to health and safety. When all the risks from the use of workequipment have been addressed as per the regulations (as far as isreasonably practicable), any residual risk must carry sufficient visualor audible warnings to enable it to be used safely, i.e.:

“WARN AND INFORM”.

It is important to note that this is the final and not the first steptowards meeting the requirements of PUWER.

2.1.25 Regulation 25: Employees carried on mobile workequipment

No employee can be carried by mobile work equipment unless it issuitable for that purpose and incorporates features to reduce any riskto their safety.

2.1.26 Regulation 26: Rolling over of mobile work equipmentThe risk to an employee riding on mobile equipment must beminimized as far as is reasonably practicable, and as long as it doesnot increase the overall risk. Stabilising equipment can be used, aprotection device (guard) can be fitted, or, where there is the risk ofcrushing due to rollover, a restraint may be fitted. This regulation

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does not apply to mobile work equipment supplied before 5December 1998 or to fork-lift trucks already fitted with protectiondevices as described.

2.1.27 Regulation 27: Overturning of fork-lift trucks Risks from fork-lift trucks overturning must be minimised as far as isreasonably practicable, with reference to Regulation 26.

2.1.28 Regulation 28: Self-propelled work equipmentSelf-propelled equipment must be safe while in motion. Items forconsideration include the driver’s field of vision, security, lighting, on-board emergency controls and brakes.

2.1.29 Regulation 29: Remote-controlled self-propelled workequipment

Remote controlled equipment must stop as soon as it leaves itscontrol range and must incorporate features to guard against the riskof crush or impact.

2.1.30 Regulation 30: Drive shaftsDrive shafts must be guarded where possible. If this is not possible,other measures must be used to ensure the safety of employees.Exposed transmission shafts that can become soiled or damagedwhen uncoupled must include a guarding system.

2.1.31 Regulation 31: Power presses to which Part 4 does not apply

Regulations 32 to 35 do not apply to:

Power presses that are used for working hot metal orcompacting metal powders

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Power presses incapable of a stroke greater than6 mm

Guillotines

Combination machines for punching, sheering or cropping

Machines for bending steel sections (other than pressbrakes)

Machines for straightening, upsetting, heading, riveting,eyeletting, wire stiching or stapling

Machines for attaching press-studs or bottom stops on zipfasteners.

2.1.32 Regulation 32: Thorough examination of power presses,guards and protection devices

Power presses shall not be put into service for the first time afterinstallation, or after assembly at a new site, until they have beenthoroughly examined to ensure they are installed and assembledcorrectly and are safe to operate. All guards (fixed, movable,adjoined to the tool) and protection devices (such as light curtains,pressure mats, bump strips) must be examined and any defectcorrected.

To ensure health and safety conditions are maintained and that anyfault or deterioration is detected and remedied in good time, eachpower press (including its guards and protection devices) must bethoroughly examined:

At least every 12 months for presses with fixedguards only

At least every 6 months in other cases, and

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After any incident that could jeopardise the safety ofthe press.

Any defect that is reported must be remedied before the press is putback into service. Where the press has been examined under theprevious regulations, the next examination must take place before thedate required by these old regulations.

The regulation itself does not define what is included under athorough examination, but details can be found in the guidancedocument PM 79, available from the HSE.

2.1.33 Regulation 33: Inspection of guards and protectiondevices

After setting or adjustment, guards and protection devices must beinspected and tested before the press is put into service. The powerpress (including its guards and protection devices) must be inspectedand tested at least after every four hours of operation. A certificateshould be provided, containing all the particulars relating to the pressand identifying its guards and protection devices, giving the time anddate of the inspection and stating that every guard and protectiondevice on the power press is in position and effective.

A competent person, appointed in writing by the employer (or atrainee under the immediate supervision of the competent person), isrequired to sign this certificate. A competent person is someone whohas reached the age of eighteen and who has undergone suitabletraining and sufficient practical instruction in:

Power press mechanisms, with reference to their functionand their bearing on safety

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All types of safety device (technology, function, testingmethods, fault-finding and installation)

The causes and prevention of accidents, with reference topower presses

The work of the tool setter, with reference to safe workingmethods, lubrication and co-operation with the pressoperator

Tool design in relation to safe working methods.

Any potentially dangerous defects uncovered by the inspection mustbe reported to the employer.

2.1.34 Regulation 34: ReportsThis regulation requires the person making the thorough examinationunder Regulation 32 to notify the employer of any defect that couldcause danger to personnel. The report should be made as soon aspossible, and should give a detailed account of the inspection. If theperson making the report believes a power press (or its guards orprotection device) is defective, he or she is required to send a copy ofthe report to the enforcing authority for the premises in which thepress is situated. This regulation also requires the person making aninspection under Regulation 33 to notify the employer of any defect ina guard or protection device that could cause danger to personnel,and to state the grounds on which this belief is based.

2.1.35 Regulation 35: Keeping of informationAll information in the form of reports under Regulation 32 must bekept available for inspection for 2 years. The certificates producedunder Regulation 33 must be kept available for inspection at or nearthe power press to which it relates until superseded, and after thatuntil 6 months have passed since it was signed.

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2.1.36 Regulation 36: Exemption for the armed forcesIn the interests of national security, the Secretary of State for Defencemay issue a certificate to exempt the armed forces from therequirements or prohibitions imposed by these regulations. Such anexemption may be revoked (in writing) at any time.

2.1.37 Regulation 37: Transitional provisionEquipment supplied for use before 5 December 1998 does not needto meet the requirements of Regulations 25 to 30 (Mobile WorkEquipment) until 5 December 2002.

2.1.38 Regulations 38 and 39: Repeals and revocationsThe 1998 PUWER Regulations replace the PUWER Regulations from1992, which had replaced much of the existing UK legislation,particularly in relation to machine guarding. PUWER 98 nowencompasses the power press regulations, mobile equipment and theneed for work equipment to be inspected. However, the newrequirements are very similar to the regulations that have beenrepealed or revoked. Regulations 37 and 38, together with Schedule4, provide details of all the repeals and revocations. For full details itis advisable to read the Approved Code of Practice and Guidance,published by the HSE.

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2.2 Summary

When looking at the requirements of the regulations it is important tobear in mind the changing nature of the workplace and, indeed, theworkforce:

Workforce is now mobile

Workforce may be casual, rather than permanent

Operations may be rotated

Is work equipment adequately maintained?

Are new maintenance regimes, though diligent, lessthorough than before, and has the regularity factorbeen removed?

These are important questions to bear in mind when considering howbest to meet the requirements of PUWER.

Schedule 3 of the regulations lists the type of information required in areport on a thorough examination of a power press, guard or protectiondevice. This is as follows:

Name and address of the employer for whom theexamination was made

Description of each item examined, i.e. power press, guardtype or protection device; where known, the make, typeand year of manufacture, and any identifying marks of themanufacturer/employer

In the case of a first thorough examination of a press afterinstallation or relocation, statements to confirm:- that the examination was thorough

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- that the press has been correctly installed and is safe to- operate or- that the press has not been installed correctly and is not

safe to operate, with a description of any part found to bedefective

Where it is not the first examination, statements to confirm:- that the examination was thorough- that the press is safe or unsafe to operate, with any

defects identified

In the case of guards or protection devices, a statement asto whether or not they are effective for their purpose, withany defects identified

A list of any repairs or alterations that must be made toremedy any defect

Observations on any defect that could become a dangerand details of any repairs required in order to remedy it; thedate of this observation must be reported to the employer

Any other observations which require remedy

An inspection of any recommended repair or alteration

Information on the person making this report, i.e. selfemployed or employed, name and address of employer

Date of the examination

Date of the report

Name and signature of the person making the report and,where different, the name and signature of the personauthenticating the report.

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Information that should be included on the inspection report for workequipment is as follows:

Company name and address

Name of equipment inspected

Manufacturer

Serial number

Company identifier

Location

Type of inspection, e.g. first, after relocation, afterexceptional circumstance, periodic

Inspection details may contain:- A risk assessment (e.g. any change to previous- assessment due to location, risk reduction techniques or- other circumstances)- Any observed deterioration- Maintenance of equipment- General condition- Operational conditions- Ancillary equipment associated with the safe operation of- the equipment- Any other circumstances that could result in a dangerous- situation

A statement on whether or not the equipment is safe to use

In the case of the equipment having a defect or anidentifiable risk that could jeopardise its safe use, a list ofrepairs or alterations to be made to remedy the defect

Date of inspection

Name and business address of person or persons carryingout the inspection

Date for re-inspection.

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