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HEALTH & SAFETY
Directive, which has been implemented in the UK by The Provision and Use of Work Equipment Regulations 1998 (PUWER) and The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) must also be considered. So, whether you are designing and
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manufacturing, or importing machinery to put into use, or buying CE marked machinery for your own use, you must understand what your legal duties and responsibilities are. And, for end-users of machinery, it is imperative that you understand what is expected from the machinery supplier. PUWER applies to all work equipment
regardless of its age, or of the machinery being CE or UKCA marked or not. This covers any machine, appliance, apparatus, tool or installation for use at work (whether exclusively or not). It describes what an employer needs to do to protect employees in the workplace and is applicable to all work equipment. If work equipment is used in a lifting operation, then LOLER applies in addition to PUWER. It is therefore the responsibility of machinery owners to ensure that they meet these regulatory requirements. While many machinery end-users may think that they have PUWER compliance covered, we continue to see common hazards and issues that have not been adequately addressed. While meeting the requirements of PUWER can be complex, if a logical and practicable approach is adopted it does not have to be unworkable. The primary objective of PUWER is to ensure
the provision of safe work equipment and its safe use. This has several components which are interlinked:
The Regulations are made under the Health and Safety at Work, etc Act 1974 (HSW Act), and apply to all users and the self-employed covered by that Act in Great Britain, except the crews of sea-going ships.
The Regulations implement European Community (EC) Directive 89/655/EEC, amended by the non-lifting aspects of the Work Equipment Directive (AUWED).
These regulations place a requirement to carry out a risk assessment on all existing equipment.
Work equipment should not give rise to risks to health and safety, irrespective of its age or place of origin.
The regulations ask that the electrical system, the control system, guarding and other possible hazards be assessed and corrected if required.
THE POWER OF PUWER
PUWER therefore requires users of work equipment to carry out a risk assessment and provide work equipment that is suitable for its intended use, and which can be used without putting persons at risk. A PUWER assessment is an ongoing process that must be repeated at appropriate intervals, so always refer to the latest standards and not the standards that were applicable when a machine was first brought into service.
Regulation 6 of PUWER also requires that inspections must be repeated ‘at suitable intervals’ if machines are exposed to conditions that may lead to deterioration. In reality, every
42 JULY/AUGUST 2024 | FACTORY&HANDLINGSOLUTIONS
By Darren Hugheston- Roberts, senior
manager for Digital and Industry
Solutions at TÜV SÜD
achinery safety is much broader than compliance with the Machinery Directive (EU) or the Supply of Machinery (Safety) Regulations 2008 (UK). The Work Equipment
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