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Why Portable Appliance Test @ P A T t e s t 4 U™
Portable Appliance Testing Specialists

Portable Appliance Testing is a statuary obligation and it is generally regarded as being the best way of meeting the electrical regulations that exist to protect employees, customers and tenants.

All portable electrical appliances are subject to getting damaged during use, and it is this damage that could render the portable appliance dangerous to the user. Without a regular portable appliance testing and inspection programme , you have not taken reasonable steps to ensure the safety of users.

Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 which carries a maximum penalty on summary conviction of a £5,000 fine and/or 6 months imprisonment. Landlords and letting agents could also be sued in Civil Law under the duty of care for failure to ensure the tenants safety and and, as a result, face punitive damages.

Do you really want to gamble with possible court action with its associated legal costs? The solution is just a phone call away - call PATtest4U™ today and let us take the gamble away for you.

25 March 2008

Portable Appliance Testing for Businesses

As a business, you have a duty to prevent any harm coming to your employees, customers and visitors. Portable appliance testing is one of the ways that you can comply with this obligation. Failure to implement a programme of regular portable appliance testing can also have implications on your insurance policies.

Insurance companies assume that when giving insurance cover to a business, the owners of that business are complying with all regulations necessary. An insurance company may reduce, delay or even refuse to pay on a claim for damage if an portable electrical appliance that has not been portable appliance tested caused the damage.

In summary, the legislation and regulations state that an employer must maintain and prove that they are maintaining all their electrical appliances. The easiest and most cost effective way to do this is by Portable Appliance Testing

The legislation of specific relevance to electrical maintenance is the Health and Safety At Work Act 1974, the Management of Health And Safety At Work Regulation 1999, the Electricity at Work Regulation 1989, the Workplace (Health, Safety and Welfare) Regulation 1992 and the Provision and Use of Work Equipment Regulation 1998.

Health & Safety At Work Act 1974

The Health & Safety At Work Act 1974 puts a duty of care upon both employer (sections 2, 3 and 4) and employee (section 7) to ensure the safety of all persons using the work premises. This includes self-employed.

The Management of Health And Safety At Work Regulation 1999 states:

"Every employer shall make suitable and sufficient assessment of:

1. the risk to the Health and Safety of his/her employees to which they are exposed whilst at work, and
2. The risks to ensure the Health and Safety of persons not in his/her employment arising out of or in connection with the conduct by him/her or his/her undertaking." (Regulation 3(1))

The Provision and Use of Work Equipment Regulations 1998 states:

"Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided". (Regulation 4(1))

The Provision and Use of Work Equipment Regulations 1998 (PUWER) cover most risks that can result from using work equipment. With respect to risk from electricity, compliance with the Electricity at Work Regulation 1989 is likely to achieve compliance with PUWER regulations 5-9, 19 and 22.

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

The Provision and Use of Work Equipment Regulations 1998 include a specific requirement that where the safety of work equipment depends on installation conditions, and where conditions of work are liable to lead to deterioration, the equipment shall be inspected. (Reg 6)

The Electricity At Work Regulations 1989 states:

"As may be necessary to prevent danger all systems shall be maintained so as to prevent so far as is reasonably practicable such danger." (Regulation 4(2))

"'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

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." (Regulation 2(1))

"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." (Regulation 2(1))

25 March 2008

Portable Appliance Testing for Landlords

As a landlord, you have a duty to prevent harm to your tenants from electrical appliances that you supply. Portable appliance testing is widely regarded as being the best way of complying with this obligation. Without a programme of planned appliance testing and maintenance, you could be legally liable for damages resulting from your untested appliances.

This covers all portable electrical appliances that you supply, including fridges and freezers, washing machines, tumble dryers, irons, bedside lamps, microwave ovens (see microwave testing), televisions and vacuum cleaners.

Electricity at Work Regulations 1989

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 trained competent person using the appropriate calibrated portable appliance testing equipment.

The Plugs and Sockets etc. (Safety) Regulations 1994

The Regulations, acting as secondary legislation under the Consumer Protection Act 1987, relate to the supply of any plugs, sockets, adapters or fuses intended for domestic use, with a working voltage of not less than 200 volts, and also the supply of any appliance which has a plug fitted.

Because the Regulations operate with the same definition of 'supplier' as the Act, then letting agents and landlords are liable as suppliers. The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe', so that there is no risk of death or personal injury to humans or pets, or risk of damage to property.

Part I of the Regulations require:

• that where any plug, socket or adapter is supplied which is intended for domestic use, that it complies with the appropriate current standard. This means that they must conform to the relevant British Standards (i.e. BS1363) or approved alternatives. British Standard BS1363 covers 13 Amp fused plugs, switched and un switched sockets. The standard now requires that the live and neutral pins on plugs are part insulated so as to prevent shocks when removing plugs from sockets.
• that plugs be fitted with a fuse that conforms to BS1362, i.e. the standard for general purpose fuses for domestic or similar purposes. The fuses also need to be rated correctly either in accordance with the appliance manufacturers instructions or to BS1362.

Part II of the Regulations require:

• that where any appliance is supplied which is designed to connect to a socket, directly or indirectly, it has a plug which conforms to BS1363 (as above). The appliances covered by the Regulations operate at not less than 200 volts and not more than 13 Amp and also have a flexible cable or cord for connecting to a socket. (Most appliances are now supplied with cords with molded-on mains plugs).
• Appliances with a non-UK plug, to safety standard *IEC 884-1, and which have the approved type of conversion plug, are allowed and can be supplied. Conversion plugs enable non-UK plugs to be engaged with UK sockets.

Part III of the Regulations require:

• that a standard or conversion plug be legibly marked or labeled identifying it as approved.
• that any necessary information to operate the plug safely will be either marked on the plug or provided in a notice accompanying it. This information must be given in English.

Section 39 of the Act provides a defense of 'due diligence'. That section provides that it shall be a defense to show that a person took all reasonable steps and exercised due diligence to avoid committing the offence. Merely asking the landlord to sign a statement that there are no non-compliant items is not considered to be sufficient in this respect.

The maximum penalty for non-compliance is a fine of £5,000 or six months imprisonment or both.

The Electrical Equipment (Safety) Regulations 1989

The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe' as defined by Section 19 of the Act - so that there is no risk of injury or death to humans or pets, or risk of damage to property.

Section 39 of the Act provides a defense of 'due diligence'. That section provides that it shall be a defense to show that a person took all reasonable steps and exercised all due diligence to avoid committing the offence. Merely asking the landlord to sign a statement that there are no non-compliant items is not considered to be sufficient in this respect.

The maximum penalty for non-compliance is a fine of £5,000 or six months imprisonment or both.

The Electric Blanket (Safety) Regulations 1971

Health & Safety at Work Act 1974

25 March 2008

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