Equipment and machinery are integral to many roles. This means that appliances or devices, ranging in size and complexity, are commonplace in several working environments.
As per the Health & Safety at Work etc. Act 1974, employers have a legal duty to protect the health, safety, and wellbeing of their staff and the public.
When equipment and machinery are concerned, PUWER regulations exist to ensure that anything provided is suitable, safe for use, regularly maintained and inspected by a competent person.
Peninsula has in-house experts covering a range of
Health & Safety sectors, but in this guide, we’ll discuss PUWER’s meaning and why these regulations are so important
What is PUWER?
PUWER stands for the Provision and Use of Work Equipment Regulations 1998 and has the objective of ensuring the
Health & Safety of people operating machinery.
As aforementioned, this is achieved through companies providing safe, properly maintained equipment suitable for its intended purpose.
What is PUWER regulations?
Irrespective of the condition or origin of the equipment, PUWER regulations create a legal duty on any person or business in ownership or use of it.
Organisations with employees operating machinery must adhere to PUWER legislation. It provides a general, but key, framework.
Certain equipment is subject to additional scrutiny, which creates a relationship between regulations, such as
LOLER and PUWER, as well as PSSR and Personal Protective Equipment (PPE).
- LOLER: LOLER stands for Lifting Operations and Lifting Equipment Regulations 1998 and stipulates that all equipment used for lifting should be fit for purpose.
- PSSR: PSSR, meaning Pressure Systems Safety Regulations 2000, aims to prevent injury resulting from hazards related to pressure systems.
- PPE: Personal Protective Equipment (PPE) Regulations 1992, updated in 2022, dictates that employers must supply suitable and free PPE to limb (b) workers.
What equipment is covered by PUWER?
Under PUWER regulations 1998, almost all equipment and machinery that’s used at work is covered.
What’s considered ‘work equipment’ is broad and encompasses any machinery, appliance, tool or installation that’s provided for employees to fulfil their work duties.
Examples of PUWER equipment
- Hand tools: This includes hand tools you’d typically find in a toolbox, like hammers, knives and screwdrivers.
- Power tools: Drills, grinders, abrasive wheels and chainsaws fall under PUWER regs.
- Office equipment: They may seem less likely to cause injury, but because they’re ‘work equipment’, photocopiers, computers, and shredders are regulated by PUWER.
- Industrial machinery: PUWER legislation covers larger machinery like power presses and conveyor belts.
- Lifting equipment: Also subject to LOLER regulations are cranes, hoists, and elevating platforms like cherry pickers.
Despite its breadth, there are some exceptions as to what’s considered as work equipment. For example, livestock, substances, and structural items.
Furthermore, equipment used by the public is generally covered by the
Health and Safety at Work etc. Act 1974. PUWER isn’t applicable to:
- Public use: Equipment used by the public, like petrol pumps or gym machines, are exempt.
- Domestic use: Workers operating in a private household won’t be liable under PUWER—unless the equipment is provided by a contractor or being used by someone self-employed.
- Maritime: Merchant Shipping Regulations governs use of work equipment on ships.
- Military: Typically, PUWER will not apply to the Armed Forces.
Who must follow PUWER regulations?
There are certain scenarios which alleviate those of PUWER compliance; let’s discuss who must adhere to these regulations:
- Employers: All work equipment provided to staff, regardless of ownership, must be safe for work.
- Self-employed: Those working for themselves have a legal obligation to ensure the equipment they use meets PUWER regulations.
- Anyone in control of equipment: This includes anyone who owns, operates, or has control over work equipment, such as hire companies and contractors
What is PUWER training?
Regulation 9 of the PUWER regs requires employers to ensure that all individuals using, supervising, or managing work equipment have received adequate Health & Safety training. PUWER training must cover the correct methods of use, associated risks, and necessary precautions to prevent
workplace accidents.
Who needs PUWER training?
Training should be delivered to all workers using tools or machinery, any individuals overseeing operation, staff tasked with equipment maintenance, and anyone who might need extra tutelage—young people with little experience.
What’s meant by ‘adequate training’?
When it comes to PUWER training, what’s adequate will depend on the equipment. However, it’ll usually include the following fundamentals:
- Operational control: How to start, operate, and shutdown a machine in a controlled way.
- Risk awareness: Identifying and understanding specific hazards (entanglement, flying sparks, noise).
- Safety knowledge: Correct use of guards and emergency stops.
- Limitations: Understanding what equipment isn’t used for.
- Pre-use checks: Proper execution of thorough inspections.
When is PUWER training required?
Employers shouldn’t see PUWER training as a one-off, instead, it must be considered as an ongoing necessity. Training should be given in these circumstances:
- Before a new employee starts their role.
- When a workplace has new machinery.
- If there are significant changes to existing equipment.
- Staff should receive refresher PUWER training ever 3 to 5 years.
- If there’s an accident or a near miss.
Why are PUWER inspections important?
To know if work equipment is safe to use, and to achieve PUWER compliance, a detailed inspection is required.
Pre-use checks scan for faults, whereas PUWER inspections delve much deeper. It’s imperative that:
- Pre-use checks: These should be performed by the operator.
- PUWER inspections: This should be conducted by a competent person possessing practical and theoretical knowledge.
The Health & Safety Executive (HSE) doesn’t expect every piece of work equipment to be subject to a complete PUWER assessment. A combination of experience and risk assessments should be used to determine what equipment needs inspecting.
If you require support in this area, our in-house experts created this
free risk assessment template available for download.
What’s involved with a PUWER inspection?
An inspection should be shaped around the work equipment and its respective risk level. The objective of the PUWER inspection is to ensure the machinery and equipment being examined is safe to operate.
Therefore, knowledge of specific equipment should be relied upon to assess the efficacy of guards and other safety features. Also, wear and tear that might hamper the equipment’s safety should be noted.
How often should PUWER inspections take place?
The regularity of PUWER inspections depends on several factors. Firstly, the work equipment’s risk assessment must be considered, along with the manufacturer's guidance. As with inspections themselves, personal experience should also play a role.
Environment should also be considered—a lot of work equipment, particularly in construction, is going to be used in potentially harsh conditions. In this case, machinery could deteriorate quickly and need more frequent PUWER inspections.
Modifications to work equipment typically void any Declaration of Conformity (DoC) that accompanies new products. Therefore, the modifier assumes responsibility for ensuring the modified machinery satisfies PUWER compliance.
What should a PUWER inspection checklist include?
Achieving PUWER compliance is imperative for employers to meet their duty of care set out by the Health & Safety Act 1974.
Referring to a PUWER inspection checklist provides a useful framework:
- Suitability: Is the work equipment fit for purpose?
- Condition: Is it free from defects and wear?
- Safety devices: Are dangerous elements properly guarded?
- Controls: Are stop, start, and emergency controls visible and working?
- Isolation: Can the machine be isolated from power?
- Stability: Is the machine stable and safely anchored?
- Access: Is there enough space around the machine?
- Environment: Is there ample lighting and ventilation?
- Records: Are maintenance records up to date?
- PUWER training: Have operators had adequate training?
FAQs: What does PUWER stand for?
What equipment is covered?
Be it a hand tool, photocopier or an industrial conveyor belt; PUWER regulations cover almost all work equipment.
What if employees use their own tools?
Employers will still be responsible for ensuring work equipment is fit for purpose and meets PUWER compliance.
Do PUWER regulations apply to remote workers?
If work equipment is provided for
home working, it still falls under PUWER regulations—it must be safe, suitable, and properly maintained.
How often should work equipment be inspected?
The frequency of a PUWER inspection depends on the equipment’s risk assessment, as well as the manufacturer’s guidance. Also, personal experience should influence when equipment is inspected.
Are additional PUWER inspections ever needed?
Inspections should take place before first use, or when wear and tear has resulted from the environment. They should also be conducted if equipment is modified.
Who is a competent person for inspections?
A competent person is someone with theoretical and practical knowledge that is objective. They will also have adequate PUWER training.
Wrapping up: PUWER key points
PUWER, meaning the Provision and Use of Work Equipment Regulations 1998, is a Health & Safety measure that exists to ensure work equipment is safe and properly maintained.
Failing to adhere to PUWER regulations has ramifications. Unsafe equipment has the potential to cause injury, and in some cases, death. Either outcome has financial and reputational consequences for businesses.
Peninsula provides expertise covering PUWER regulations
Equipment falling under PUWER legislation is extensive, so if you’re an employer, you’ll have a legal duty to ensure it’s safe for operation.
If work equipment fails a PUWER assessment, heavy fines are likely. And there’s also the risk of harm to your staff or the public.
Peninsula’s 40 years’ experience and industry insights help you avoid that. Partnering with us unlocks:
Contact us today to find out why more than 44,000 UK businesses trust us to deliver exceptional
Health & Safety services.
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