The Provision and Use of Work Equipment Regulations 1998 (PUWER) places responsibility for employee safety on people who own, operate, or control work equipment. However, there are several misconceptions about its scope and many businesses interpret the regulations differently. To help businesses comply, Joe Ardley, machinery safety consultant at engineering safety specialist Euchner, busts some myths about PUWER.
According to the HSE, in the last ten years, there have been 325 PUWER breaches. On this list, penalties range from suspended prison sentences to fines of £800k+, and the reputational damage creates further consequences. In some cases, employers are unwittingly non-compliant, depending on their interpretation of the rules. So, what are the common misconceptions, and what is the truth behind them?
“Documentation isn’t a priority”
Documentation is critical for PUWER compliance, ensuring work equipment is safe, properly maintained, and correctly used by trained individuals. Sometimes, the importance of the documentation gets lost because employers naturally focus on the physical aspects of the work equipment. Consequently, background documentation starts to lack in many areas.
The documentation evidences compliance, tracks inspection and maintenance history, and supports risk management by identifying hazards and mitigation measures. Training records ensure employees are adequately prepared, while maintenance logs and inspection records help prevent equipment failure and accidents. Safe working procedures and work instructions provide clear guidelines on how to use equipment safely, minimising the risk of accidents and injuries.
Investing time and effort into the documentation requirements under PUWER will support compliance and ultimately promote a safer, more efficient workplace and contribute to continuous improvement.
“Once is enough”
Workplace safety is an ongoing responsibility. Equipment and operational conditions change over time due to deterioration, modification, and evolving workplace practices. These all introduce risks, so employers can’t treat PUWER as a one-time assessment that they complete and then disregard.
Employers must consider PUWER requirements throughout the time they provide work equipment to their employees. This helps ensure that all equipment is suitable for its intended purpose and maintains a safe condition with regular inspections and servicing. Employers must also provide appropriate training to all users, ensuring they are competent and know how to operate equipment safely.
PUWER regulation 6 also stipulates that employers should perform inspections at ‘suitable intervals’ to ensure that machinery is correctly installed and doesn’t deteriorate to the detriment of safety. Work equipment should be inspected before first use, and also in exceptional circumstances, such as major modifications or suspected serious damage.
To help employers identify areas where their current practices may fall short of PUWER and provide practical advice for achieving compliance, we launched our PUWER Compliance Audit service. As part of this service, we can advise on the shortfalls in compliance with each of the relevant regulations. We can help prepare an action plan for eliminating possible causes of risk and provide a full PUWER report to evidence compliance and highlight any areas that require work.
“I must apply the design standards”
When designing new machinery various design standards can be applied, covering many aspects of safety. Examples of these standards include ISO 14120:2015, which specifies general requirements for the design, construction, and selection of guards, and ISO 13857:2007, which establishes safe distances to prevent machinery hazard zones from being reached. PUWER does not refer to these standards outright, but I’ve seen many employers get caught up in trying to retrospectively apply the design measures to already-built, often older equipment.
Using these standards is best practice, especially when considering safety upgrades, but it’s not always possible to follow the standards in their entirety. For example, ISO 13857:2008 requires tunnel guards to have a reach distance of ≥850 mm. However, an older machine may be pressed up against a wall or connected to another piece of equipment. As a result, there may not be the required 850 mm to retrofit a guard so other factors on how best to help sufficiently reduce risk need to be considered.
Remember, PUWER is about ensuring that work equipment is safe for use. If employers can’t meet the design standards, this doesn’t mean an automatic breach of PUWER, provided they have taken all necessary measures outlined in regulations 4-24. It’s more important to take a step back, assess equipment, identify what could improve its safety and how to reduce the identified risks to as low as is reasonably practicable and to an acceptable level.
The PUWER regulations help ensure the safety of employees and equipment. Compliance is essential, which means navigating some of the common misconceptions about PUWER, such as those relating to its scope, the frequency of risk assessments, and its relation to design standards. To prevent misunderstandings, it pays for employers to work with a compliance partner like Euchner who can guide them through the risk assessments and reporting process.
To find out more about Euchner’s PUWER Compliance Audit service, visit the company’s website.
