Provision & Use of Work Equipment (PUWER)

Date:               October 2023

Issue:              No. 5

Subject:          Safe Use of Work Equipment

This document forms part of the National Ice Centre’s organisational written safety policy arrangements.

Departments, services or teams may consider it appropriate to develop additional guidance and systems of work on specific work related activities.

Where proposals, additional guidance or changes to systems of work will have an impact on health, safety and welfare, this will be discussed and agreed at the Health & Safety Committee.

If you have any questions or require further information or support on the contents of this document, please contact the NIC Health & Safety Advisor or Corporate Safety Advice.

The safe use of equipment is detailed within the Provision and Use of Work Equipment Regulations 1998 (PUWER).

This legislation requires the risks to people’s health and safety from equipment that they use at work, to be prevented or controlled.

The requirements of PUWER and other specific legislation would also be in place to manage particular risks relating to the particular equipment being used. eg any lifting equipment is also subject to the requirements of the ‘Lifting Operations and Lifting Equipment Regulations 1998’

In general terms, the National Ice Centre requires managers to ensure that where equipment provided for use at work is:

• suitable for use, and for the purpose and conditions in which it is used;
• maintained in a safe condition for use so that people’s health and safety is not at risk; and
• inspected to ensure that it is, and continues to be, safe for use.

This legislation identifies that any equipment which is used by an employee at work is covered.

This not only includes powered equipment such as drilling machines, power presses, circular saws, photocopiers, lifting equipment (including lifts) and motor vehicles but also include hand held equipment such as hammers, knives or ladders,

Managers must ensure that when a colleague uses their own equipment, they need to satisfy themselves that it complies with the legislative requirements of PUWER.

Definition of the term ‘USE’

Examples of use/uses of equipment include the starting or stopping the equipment, repairing, modifying, maintaining, servicing, cleaning and transporting and is not just limited to the time the equipment is being used.

These regulations apply to all managers and those that are self-employed that provide equipment for use at work or have control of the use of equipment.

These regulations do not apply to equipment for use by the public, for example compressed air equipment used in a garage forecourt.

However in these circumstances that equipment and its usage is still covered by the principles within the Health and Safety at Work, Etc Act 1974 (HASAWA).

While your employees may not have duties directly under PUWER, they still retain general duties under the HASAWA and the Management of Health and Safety at Work Regulations 1999 (MHSWR), for example to take reasonable care of themselves and others who may be affected by their actions (or lack of).

These regulations also cover equipment used by colleagues whilst working from home but not to domestic work in a private household.

Managers when selecting work equipment must consider the following before it is used in the workplace:

• Is the equipment suitable for the intended purpose
• Are there adequate arrangements in place for the storage and security of equipment
• Are there any associated hazards, i.e. manual handling
• Are appropriate warning signs displayed on or near to equipment with dangerous hot or moving parts

Managers who purchase equipment must ensure that due regard is given to its safe usage and that it will not be modified.

Any changes and alterations to equipment must only be made after consultation with the manufacturer or having given due regard to relevant standards. 

Guarding and other safety devices must not be removed modified without consultation with the manufacturer and / or agreement from the NIC Health & Safety Advisor

Managers must ensure that any changes to equipment from the original manufacturers standard is formally recorded and retained for the period of time the equipment is utilized.

It is important that work equipment is maintained in an effective state, in efficient working order and in good repair.

Managers need to consider the frequency at which maintenance activities are carried out should take into account the intensity of use, operating environment, variety of operations, and the risk to health and safety from malfunction or failure.

Maintenance is likely to either be planned preventative, condition-based or as a result of break down / failure. 

All maintenance procedures should be carried out in accordance with any manufacturer’s recommendations.

Managers must ensure that maintenance should only be carried out by those who are competent to do the work.

Although only certain equipment requires the statutory completion of a maintenance log, it is recommended that records of any maintenance of work equipment is completed as record of safe operation.

Inspections must be carried out by ‘competent’ persons’ at regular intervals to make sure that work equipment is safe to operate.  The frequency of inspections will vary, depending upon:

• the equipment itself;
• the inherent risks;
• the intensity of use;
• the operating environment; and
• the variety of operations.

Managers need to ensure that any work equipment, covered by specific legislation which requires inspection / testing at prescribed intervals, i.e. fire fighting equipment, pressure systems, hoists and lifts etc is completed  

Managers must ensure that these inspections are undertaken prior to the equipment first being used or following major repairs.

The types of inspection and degree of thoroughness will be dependent upon the potential risks from the work equipment, but may include, where appropriate, visual checks, functional checks and testing. 

The inspection regime and testing should always include those safety related parts which are necessary for safe operation of equipment, e.g. overload warning devices, interlocks, braking devices, etc.

Routine daily and weekly checks may be necessary, e.g. fluid levels, pressure, brake functions, guards, etc.

It is recommended that all managers retain a formal record of all inspections for a minimum period of 3 years.

N.B. Pressure systems, lifting equipment and power presses should be thoroughly examined by a competent person at regular intervals specified in specific legislation.

Competence can be demonstrated by practical experience or through formal qualification. 

Any inspection should be carried out by a competent person (this could be an employee if they have the necessary competence to perform the task) and a record kept until the next inspection.

You should also ensure that risks, created by the use of the equipment, are eliminated where possible or controlled by taking required action.  There are 2 general approaches to controls that managers should consider

Hardware measures

Managers should consider the provision of suitable guards, protection devices, markings and warning devices, system control devices (such as emergency stop buttons) and personal protective equipment to eliminate or control the risk

Software measures

Managers need to ensure that where required, colleagues follow safe systems of work (e.g. ensuring maintenance is only performed when equipment is shut down etc), and that colleagues are provided with adequate information, instruction, training and supervision.

A combination of both types of measures may be necessary depending on the requirements of the equipment and task to be completed.

For further information on the specific requirements relating to any of the above e.g. guards and protection devices, contact the NIC Health & Safety Advisor or Corporate Safety Advice.

If as a manager you have woodworking machinery within your control, you will need to ensure compliance with the specific advice on the compliance of PUWER in relation to woodworking equipment as set out within the HSE Approved Code of Practice (ACOP) and Guidance ‘Safe use of woodworking machinery’ (L114). 

This document details additional controls for the matters of guarding and the safe operation of woodworking machinery including maintenance requirements.

Stop controls

It is a requirement of PUWER to ensure that work equipment is provided with accessible controls to bring the equipment to a safe stop in a safe manner.   

As woodworking machinery operates at high speed the rundown time is often significant, particularly in the event of an emergency. 

The ACOP sets out the following guidance in relation to the fitting of braking devices in order to reduce the rundown time and comply with PUWER: 

Braking devices are not considered necessary when:

• Machines have a rundown time of 10 seconds or less;
• The effect of braking could be detrimental to the integrity of the machinery;
• Machines have been built to conformity with a uniform European standard.

Wherever the above criteria for braking are not in place, manager must ensure that braking devices are considered as required for the following machinery types:

• Circular saw benches
• Dimension saws
• Powered and hand-fed cross-cut saws
• Single-end and double-end tenoning machines
• Combined machines incorporating a circular saw and/or tenoning attachment
• Narrow band saw
• Re-saws
• Vertical spindle moulding machines
• Hand-fed routing machines
• Thickness machines

• Planing / thicknessing machines
• Surface planing machines

Risk Assessments

Managers need to ensure that risk assessments have been completed for those risks associated with the use of woodworking machinery and should take into consideration non-routine operations.

This non-routine is taken to include matters such as the maintenance, cleaning operations, emergency procedures.

Managers would also be required as part of the assessment process to determine whether it is necessary to fit brakes or other additional controls to the machinery.

Further details are available from the NIC Health & Safety Advisor. And Corporate Safety Advice of competent persons who can assess the requirements for braking devices, and install the necessary devices as required.

In addition to the general requirements which apply to all work equipment, Part III of PUWER contains specific duties regarding mobile work equipment

Employees carried on Mobile Work Equipment

Managers must ensure that any mobile work equipment used to carry people is suitable with proper seating where appropriate.  

Colleagues need to be protected from falling out of the equipment or unexpected movement of the equipment and there should also be protection provided from items falling on them.

Rolling over of Mobile Work Equipment

Managers must protect colleagues where a risk of rollover has been identified. This could be provided by stabilising the equipment, or ensuring the equipment is prevented from rolling over by more than 90 degrees e.g. tractors and mobile work equipment.

If equipment can turn over completely, suitable roll over protective structures should be fitted unless it could increase the overall risk of injury when used in buildings with low roofs, or where the mounting points are of insufficient strength, other methods should be identified by managers within the risk assessment to address the roll over risk.  

Where a risk is identified of a crush injury from mobile work equipment or, the protective structure in the event of roll over is identified, a restraining system or seat belt should be fitted.

For further information on mobile work equipment, please contact the NIC Health & Safety Advisor.

Only ‘competent’ persons should use work equipment.

All users of work equipment require an appropriate level of information, instruction and training, the extent of which will be dependent upon the type of work equipment and the nature and experience of the user, i.e. trainee, pupil, young person, etc.

What should information and instructions detail

Any information and written instructions provided should show:

• All health and safety aspects arising from the use of the work equipment;
• Any limitations on these uses;
• Any foreseeable difficulties that could arise;
• The methods to deal with them.

When is training deemed necessary?

Managers need to consider the risk levels and as part of the assessment process, the level of instruction and appropriate training that may be required. 

Where employees are required to use step ladders as part of their work it may be deemed appropriate to provide information and instruction on the safe use of the equipment, however where staff are required to use mobile access equipment they require formal training.

The level of training will be dependent upon the work equipment used and the risks it presents, however in the main, training would fall into one of three categories.

• General training on safety skills and knowledge common to work equipment, i.e. housekeeping, security, awareness of warning signs, etc.
• Equipment specific practical instruction on the safe operation of equipment, including specific risks, safety controls, guarding, etc.
• Familiarization on-the-job training under close supervision

Given the significant risks associated with the use of certain work equipment, i.e. chainsaws, circular saws, forklift trucks, abrasive wheels, etc., managers must ensure any colleagues who are required to use such equipment must receive appropriate training before they commence work.

Training needs are likely to be greatest upon recruitment; however training may also be necessary following changes in working tasks, changes to systems of work, or the introduction of new technology or equipment. 

Managers must ensure that refresher training should be provided if necessary and records need to be retained of all training received.