Does PUWER apply to my business?

If your business uses any kind of equipment at work, from a drill or a delivery van to a photocopier or a kitchen mixer, the short answer is almost certainly yes. PUWER, the Provision and Use of Work Equipment Regulations 1998, applies to the vast majority of workplaces in Great Britain. This guide explains who has to comply, what counts as work equipment, the few situations where PUWER does not apply, and what you should do next.

What is PUWER?

PUWER is the common name for the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306). The regulations have been in force since 5 December 1998 and sit under the Health and Safety at Work etc. Act 1974. Their purpose is simple: work equipment must be suitable for the job, safe to use, properly maintained, and used only by people who have been told and trained how to use it safely.

The Health and Safety Executive (HSE) enforces PUWER and publishes the supporting Approved Code of Practice and guidance, known as L22 (Safe use of work equipment, fourth edition).

The short answer: who does PUWER apply to?

PUWER places duties on anyone who owns, operates or has control over work equipment. In practice, it applies to:

  • Employers whose employees use work equipment, whether the business owns the equipment or not
  • Self-employed people who use work equipment in their own work
  • Anyone who controls how work equipment is used, such as managers and supervisors
  • Businesses that provide equipment for others to use at work, including hire companies

The size of your business makes no difference. A sole trader with a ladder and a power tool has PUWER duties just as a manufacturer with a hundred machines does. What changes is how much you need to do to manage the risk.

Worker checking use of concrete hammer machinery as part of a PUWER inspection
Work Equipment

What counts as “work equipment”?

The definition is deliberately wide. Work equipment means any machinery, appliance, apparatus, tool or installation used at work, whether exclusively or not. That includes:

  • Hand tools: hammers, knives, screwdrivers, power drills and saws
  • Machinery: lathes, presses, conveyors, packaging machines and woodworking equipment
  • Mobile equipment: forklift trucks, pallet trucks, dumpers and ride-on mowers
  • Access equipment: ladders, stepladders and mobile platforms
  • Catering equipment: slicers, mixers, ovens and fryers
  • Office equipment: photocopiers, shredders, guillotines and even office chairs
  • Laboratory and workshop equipment: fume cupboards, centrifuges, compressors and benches

If your workers bring their own tools or equipment to work and you allow them to use it, PUWER applies to that equipment too. Equipment you hire or borrow is covered in the same way as equipment you own.

When does PUWER not apply?

There are only a few limited exceptions:

  • Equipment used by members of the public, such as a customer using a self-service machine, is not covered by PUWER, although other health and safety duties still apply to you.
  • Domestic work in a private household: equipment used by a domestic worker, such as a cleaner, in a private home is not covered unless it was supplied by their employer or by the worker as a self-employed person.
  • Workplaces outside Great Britain’s regime: PUWER covers England, Scotland and Wales. Northern Ireland has its own equivalent regulations, and the Isle of Man and the Republic of Ireland have separate legislation. If you operate across more than one jurisdiction, each site needs checking against its own rules.

If you are unsure whether you fall inside an exception, the safest approach is to assume PUWER applies and manage your equipment accordingly.

What does PUWER require you to do?

PUWER sets out general duties that apply to all work equipment, plus extra requirements for particular types such as mobile equipment and power presses. The core requirements are:

  1. Suitability. Equipment must be suitable for its intended use and for the conditions it will be used in.
  2. Maintenance. Equipment must be kept in efficient working order and in good repair. Keeping a maintenance log is strongly recommended.
  3. Inspection. Where safety depends on how equipment is installed or where it deteriorates over time, it must be inspected by a competent person and the results recorded.
  4. Specific risks. Where equipment poses particular risks, its use, repair and maintenance must be restricted to people trained to do the job.
  5. Information and instructions. Users and supervisors must have clear health and safety information and, where appropriate, written instructions.
  6. Training. Everyone who uses work equipment, and those who manage or supervise them, must be adequately trained.
  7. Dangerous parts. Access to dangerous moving parts must be prevented or controlled, for example with guards, interlocks or trip devices.
  8. Controls and isolation. Start, stop and emergency stop controls must be clearly marked, accessible and effective, and equipment must be able to be isolated from its energy source.
  9. Stability, lighting and markings. Equipment must be stable, adequately lit, and carry the markings and warnings needed for safe use.

Equipment supplied for use at work must also meet the relevant product-safety requirements, which is normally shown by UKCA or CE marking.

PUWER and other regulations

PUWER rarely works alone. Depending on your equipment, other regulations may apply in addition:

Where more specific regulations apply, you still need to meet the general PUWER requirements as well.

What happens if you do not comply?

HSE inspectors can issue improvement or prohibition notices, and serious breaches can lead to prosecution with unlimited fines for businesses and, in some cases, imprisonment for individuals. Beyond enforcement, poorly maintained or unsuitable equipment is a leading cause of workplace injuries, and a breach of PUWER will weigh heavily against you in any civil claim or insurance dispute.

Practical steps: how to check and achieve PUWER compliance

If you have worked out that PUWER applies to your business, a sensible approach looks like this:

  1. Make an equipment register. List everything your people use, including hired, borrowed and employee-owned items.
  2. Risk assess each item. Consider how it is used, by whom, where, and what could go wrong. Focus most effort on higher-risk equipment.
  3. Check suitability and safeguards. Confirm guards, controls, emergency stops and markings are in place and working.
  4. Set up maintenance and inspection routines. Agree frequencies based on the manufacturer’s instructions and your risk assessment, and keep written records.
  5. Train and instruct your people. Record who has been trained on what, and refresh training when equipment or tasks change.
  6. Review regularly. Revisit your register and assessments after incidents, near misses, new purchases or changes to the work.

A competent person, internal or external, should carry out inspections where PUWER requires them. A health and safety consultant can also audit your arrangements, spot gaps and help you build a proportionate system that works in practice.

Frequently asked questions

Does PUWER apply to offices?

Yes. PUWER applies to all work equipment in all workplaces covered by the Health and Safety at Work etc. Act, including offices. The risks are usually lower, but items such as shredders, guillotines, trolleys, stepladders and even chairs are still work equipment.

Does PUWER apply to self-employed people?

Yes. Self-employed people must make sure the equipment they use for their own work is safe and suitable.

Does PUWER apply to hired or leased equipment?

Yes. If you use hired equipment, you are responsible for how it is used and for making sure it is suitable. The hire company also has duties as a provider of work equipment.

How often does PUWER equipment need to be inspected?

PUWER does not set a fixed frequency. Inspection intervals depend on the equipment, how and where it is used, and how quickly it deteriorates, so they should come from your risk assessment and the manufacturer’s instructions. Lifting equipment is different, because LOLER sets specific thorough examination intervals.

Is there a difference between PUWER and LOLER?

Yes. PUWER covers all work equipment, while LOLER applies specifically to lifting equipment and lifting operations. Lifting equipment is subject to both.

Do I need a PUWER certificate?

There is no such thing as a general PUWER certificate. What you need is evidence that your equipment is suitable, maintained, inspected where required, and used by trained people, backed by good records.

Not sure where your business stands?

If you would like help working out how PUWER applies to your equipment, carrying out a PUWER risk assessment or setting up an inspection and maintenance system, get in touch with our team for a no-obligation conversation.

If you require help identifying legislation applicable to your workplace, please contact one of our team.

This article is general guidance for businesses in Great Britain and is not legal advice. Check the current regulations and HSE guidance for your circumstances.

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