Tag: work equipment

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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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Managing Home Workers’ Health & Safety: An Employer’s Guide

As an employer, you hold the exact same legal health and safety responsibilities for remote staff working at home as you do for on-site office workers. According to the Health and Safety Executive (HSE) guidelines, these duties extend to all long-term home workers, hybrid staff splitting time with the office, and temporary home workers managing short-term restrictions. While risks are typically low, proactive management protects your business and your people.

Female worker at home using laptop
Are your employees safe working at home?

Identifying Key Areas of Remote Work Risk

What are the primary hazards when staff work from home? While remote environments are generally low risk, the HSE outlines three specific categories employers must address:

  • Mental well being: Stress, isolation, and poor mental health.
  • Ergonomics: Improper use of display screen equipment (DSE).
  • Physical Space: Hazards within the immediate working environment.

Conducting a Remote Worker Risk Assessment

Do employers need to visit staff homes?

In most cases, employers do not need to physically visit a home to complete a risk assessment, provided they can ensure a healthy setup remotely. However, a physical visit may be required under certain circumstances:

  • To accommodate a worker with a disability or specific medical requirement.
  • If the work activity introduces severe hazards, such as specialised machinery, tools, or chemicals.

Practical steps for remote risk discovery

To effectively assess your work-from-home team without entering their properties, utilise these direct strategies:

  • Distribute digital self-assessment questionnaires and home configuration checklists.
  • Schedule mandatory phone or video consultations to talk through setups individually.
  • Outline clear parameters regarding the type of work being performed and the duration of the tasks.

Note: If your risk assessment highlights a need for corrective action or specialised equipment, your workers cannot be financially charged for these.

What if a home is unsafe for remote work?

If an employer determines that a home is not a suitable work environment and reasonably practicable protective measures cannot be implemented, alternative arrangements must be mutually agreed upon. This includes providing dedicated workspace inside the office or arranging another safe, local work location.

Managing Employee Stress and Mental Health at Home

Remote working can place unique psychological demands on your staff. Deprived of day-to-day social contact, remote employees are highly vulnerable to isolation, which can trigger severe pressure or aggravate pre-existing mental health conditions.

Practical ways to combat remote isolation

Because it is harder to recognise behavioural symptoms of stress without face-to-face interaction, employers should integrate structured checkpoints:

  • Open Dialogue: Talk openly with employees about stress, and actively involve them in building your corporate stress risk assessments.
  • Frequent Contact: Build in regular keep-in-touch meetings via one-to-one phone check-ins and accessible team video calls.
  • Occupational Support: Frequently remind remote staff of available mental health resources, corporate counselling, or employee assistance programs.

Promoting a Healthy Work-Life Balance

Remote staff frequently work longer hours, leading to severe burnout. employers should regularly audit workloads and training needs to ensure timelines remain realistic. Actively encourage your remote workforce to take structured screen breaks, use their allocated annual leave, and log off completely without feeling an obligation to monitor emails outside of normal working hours.

Complying with DSE Regulations at Home

Employers must protect remote workers from the physical strains associated with laptops and desktop computers under the Display Screen Equipment (DSE) regulations.

Streamlining the DSE assessment

If the regulations apply to your staff, a dedicated DSE assessment must be executed for both their home setup and office workstation. Employees can complete these as self-assessments once they are given proper training.

Your primary objectives are to ensure:

  • Workers can easily achieve a comfortable, sustainable, and ergonomically sound posture.
  • All hardware, peripherals, and equipment provided are fully functional and safe.

Employees do not necessarily require specialised office-grade furniture if their personal setups are ergonomically sound. However, if an individual’s personal furniture is inadequate, the employer must bridge the gap. Risks must be reduced so far as “reasonably practicable”—meaning you must balance the level of real risk against the cost, time, and trouble of the control measures.

Ensuring a Safe Physical Working Environment

Employers must take reasonable steps to verify that the home working environment itself is physically safe.

Electrical equipment and cable safety

While you are only legally liable for the specific electrical assets your company provides, you must ensure they are operated safely. Instruct workers to perform routine visual checks on sockets, plugs, and leads for signs of damage. Additionally, provide explicit guidance on the fire hazards associated with overloaded extension cables.

Mitigating slips, trips, and falls

Provide your team with practical advice on how to keep their immediate workspace clear of hazards. Remote workspaces should remain clear of floor obstructions, un-mopped spillages, and trailing equipment wires.

Emergency procedures and lone working

Ensure your remote team knows precisely what to do during an emergency. Supply them with a protocol document outlining emergency contact numbers, and maintain an updated emergency contact registry for every remote employee in case they become uncontactable. For staff operating with zero direct supervision, review the specialised lone-working safety tools hosted directly by the HSE.

How to report a home-based accident under RIDDOR

Not every home accident is a workplace incident. An injury or illness is only reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) if it directly stems from:

  1. The specific work activity being carried out.
  2. The specialised equipment provided by the employer to complete that work.

Detailed reference criteria to evaluate home injuries can be found via the official health and safety portals.

Need Help Implementing This?

If you require expert assistance executing compliant risk assessments, DSE audits, or updated remote worker policies for your business, please reach out to the Ashbrooke advisory team today.

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Dangerous machinery leads to fine

A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous machinery.

The failings came to light following a routine inspection by Britain’s workplace regulator – the Health and Safety Executive (HSE) in October 2023.

During the visit to Wembley-based Oriental Delight (UK) Limited, the HSE inspector identified multiple failings related to the guarding of machinery. Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed.

Dangerous machinery

However, it was not the first time the food company had come onto HSE’s radar, with prohibition notices being issued in both 2016 and 2019.

Identical dangerous machinery failings were again found at the inspection in October 2023, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored the HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.

On 4 September 2024, at Westminster Magistrates’ Court, Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998 and was fined £150,000 and ordered to pay costs of £3,020.

Following the hearing, HSE Inspector Marcus Pope said:

“This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to prosecute when inspectors find serious health and safety failings, particularly when previous enforcement and advice has been provided. Once again, we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

Dangerous machinery regulation

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment aimed at preventing dangerous machinery. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment and ensure no dangerous machinery is used. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous machinery before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Recycling company fined £3 million

Recycling company fined £3 million after a man died and another was seriously injured while decommissioning a North Sea gas rig.

Stephen Picken, 62, and Mark Kumar were working for Veolia ES (UK) Limited at an onshore facility in Great Yarmouth.

Both men were working as demolition operatives also known as “Top Men”, undertaking the decommissioning and dismantlement of offshore structures.

Recycling Activity

On 17 October 2019, the two workers were removing an overhanging piece of metal pipework (known as a skirt pile), weighing in excess of 27 tonnes, from a jacket (a structure placed in the sea, designed to support oil and gas rig platforms), when it gave way. The pile struck the mobile elevating work platform (MEWP) containing the men, throwing them to the ground about 12 metres below.

Stephen Picken died at the scene and Mark Kumar suffered serious life-changing injuries.

Investigation

An investigation by the Health and Safety Executive (HSE) identified serious failings with the planning and the risk assessment which did not adequately cover the planned works. Shortcomings in supervision of the incident were also identified. The company did not risk assess the skirt pile being removed as it was considered low risk. As a result, there was no cutting plan or safe system of work for the skirt pile.

Demolition, dismantling and structural alteration work must be carefully planned and carried out – HSE has guidance on this which is available free here.

Recycling company fined £3 million

Recycling company fined £3 million

Veolia ES (UK) Limited of Pentonville Road, London, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. At a sentencing hearing at Ipswich Crown Court, on 22 July 2024, the company was fined £3,000,000 and ordered to pay £60,000 in costs.

After the hearing, HSE inspector David King said:

This incident, in an emerging industry, highlights the level of controls required to safely demolish what are large, dangerous structures. Veolia did not meet these standards and tragically one life was lost, and another forever changed.  The Health and Safety Executive’s mission is to protect people and places. Organisations that endanger their employees by failing to meet the required standards, should be aware that we will not hesitate to take appropriate enforcement action.

If your business requires health and safety advice, please contact one of the Ashbrooke team.

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School technician lost a finger

A local authority has been sentenced after a school technician lost a finger while operating a machine.

A school technician at The Forest School in Horsham, lost his right index finger when it was sliced off by a circular bench saw on 13 June 2022.

The 29-year-old, who worked in the design and technology (DT) department, had been operating the saw to cut pieces of wood that were set to be used for a DT lesson. The school technician lost a finger in the accident.

School technician lost a finger

While pushing one of the sheets of wood through the saw, the technician who was 27 at the time, felt a pain in his right index finger and immediately turned off the machine.  As he looked down, he saw his finger lying on the bench.

A Health and Safety Executive (HSE) investigation found West Sussex County Council, the local authority in charge of the school, failed to ensure that the technician was trained to use the bench circular saw, as a result the school technician lost a finger. Whilst the technician had used the saw many times previously, he had not been trained on how to use it safely.

West Sussex County Council pleaded guilty to breaching Regulation 9 of the Provision and Use of Work Equipment Regulations 1998. The local authority was fined £16,000, ordered to pay £4,294.60 in costs and a victim surcharge of £190 at Brighton Magistrates’ Court on 3 July 2024.

HSE inspector Russell Beckett said:

Workers must be trained properly when using high risk woodworking such as bench circular saws. This incident could have been prevented had West Sussex County Council provided [the technician] with proper training.

The Provision and Use of Work Equipment Regulations 1998

The above incident where a school technician lost a finger highlights the importance of training and other issues for workers using equipment. The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training – in the current case, the school technician lost a finger having not received any training in the safe use of the circular saw.
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg circular saw machine), ensure that the use of the equipment is restricted to those people trained and appointed to use it – in the current case where the school technician lost a finger, the local authority should have restricted access to those workers who had received training.
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Company Director Fined

A company director fined after an employee was struck by an object while manufacturing large steel cable drums for the offshore industry.

The man, who is now 54, had been working for Code-A-Weld (Great Yarmouth) Limited when the incident happened on 19 November 2022. Although the company had manufactured steel drums previously, they had never manufactured drums of this size – with these ones weighing in excess of seven tonnes.

However, during the process, the jacking set-up failed at the company’s site in Harfreys Industrial Estate in Great Yarmouth which resulted in a catalogue of serious injuries including fractures to the man’s face and skull, and him losing the sight in one eye.

He was airlifted to hospital, placed into an induced coma and spent just under three weeks in hospital whereby he needed facial reconstruction surgery.

A Health and Safety Executive (HSE) investigation found that Code-A-Weld (Great Yarmouth) Limited failed (i) to carry out a suitable and sufficient risk assessment; (ii) control risks from welding in confined spaces; and (iii) to provide the  full training required.

The investigation also found that company director, David Fowler, failed to provide safe systems of work in relation to metal fabrication work, despite previous HSE interventions regarding failure to risk assess activities in the fabrication workshop.

Company director fined

Had the company put in place correct measures, such as suitable risk assessment, safe systems of work and planning for jacking activity, the incident could have been prevented.

The HSE publication, Health and safety in engineering workshops provides valuable practical advice and can be downloaded free at: Health and Safety in engineering workshops.

Following a sentencing hearing at Chelmsford Magistrates’ Court on 20 June 2024, DJ Williams issued their written judgment on 5 July as follows:

Company Fined

Code-A-Weld (Great Yarmouth) Limited, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £24,000 and ordered to pay £3,500 in costs.

Director Fined

David Fowler, of Harfreys Industrial Estate, Bessemer Way, Great Yarmouth, pleaded guilty to breaching Section 37(1) of the Health and Safety at Work etc. Act 1974. He was fined £2,000 and ordered to pay £1,500 in costs.

HSE Statement

Those in control of work have a responsibility to devise safe methods of working and to provide the necessary information, instruction and training to their workers in the safe system of working.  If a suitable safe system of work had been in place prior to the incident, the life-threatening injuries sustained by the employee could have been prevented.

HSE inspector Natalie Prince

If you require advice for your business, please contact one of the Ashbrooke team.

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Employee died loading lorry at landscape company

An employee died loading a lorry at a landscaping company which resulted in the company being fined following a prosecution brought by the Health and Safety Executive. 

An East Yorkshire garden landscaping supply company has been fined £600,000 after an employee died while loading a lorry.

Brian White, 59, was working for Kelkay Limited when he was operating a forklift truck at the company’s site on Heck and Pollington Lane, Pollington, East Yorkshire, on 15 June 2018.

Brian was fatally injured when the lorry he was loading was moved by the driver, pulling the forklift truck over and trapping him underneath.

An investigation by the Health and Safety Executive (HSE) found Kelkay Limited’s risk assessment failed to take into account the possibility of lorries moving while they are being loaded. HSE also found that the systems of work provided for ensuring that vehicles were not moved during loading activities were inadequate.

Kelkay Limited, of Heck and Pollington Lane, Pollington, East Yorkshire, pleaded guilty to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The company was fined £600,000 and ordered to pay £20,848.71 in costs at Grimsby Magistrates’ Court on 30 March 2023.

HSE inspector John Boyle commented: “This incident could have been avoided by implementing the correct control measures and safe working practices.”

“Companies should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Employee Died Loading Lorry

Loading Guidance

Loading and unloading can be dangerous. Machinery can seriously hurt people. Heavy loads, moving or overturning vehicles and working at height can all lead to injuries or death.

Loading and unloading areas should be:

  • Clear of other traffic, pedestrians and people not involved in loading or unloading.
  • Clear of overhead electric cables so there is no chance touching them, or of electricity jumping to ‘earth’ through machinery, loads or people.
  • Level. To maintain stability, trailers should be parked on firm level ground,
  • Loads should be spread as evenly as possible, during both loading and unloading. Uneven loads can make the vehicle or trailer unstable.
  • Loads should be secured or arranged so that they do not slide around. Racking may help stability.
  • Safety equipment must be considered. Mechanical equipment and heavy moving loads are dangerous.  Guards or skirting plates may be necessary if there is a risk of anything being caught in machinery (for example dock levellers or vehicle tail lifts). There may be other mechanical dangers and safety procedures to be considered.
  • Ensure the vehicle or trailer has its brakes applied and all stabilisers are used. The vehicle should be as stable as possible.
  • In some workplaces it may be possible to install a harness system to protect people working at height. Provide a safe place where drivers can wait if they are not involved. Drivers should not remain in their cabs if this can be avoided. No-one should be in the loading/unloading area if they are not needed.
  • Vehicles must never be overloaded. Overloaded vehicles can become unstable, difficult to steer or be less able to brake.
  • Always check the floor or deck of the loading area before loading to make sure it is safe. Look out for debris, broken boarding, etc.
  • Loading should allow for safe unloading.
  • Loads must be suitably packaged. When pallets are used, the driver needs to check that they are in good condition and loads are properly secured to them.  Employers must ensure that loads are safe on the vehicle. They may need to be securely attached to make sure they cannot fall off.
  • Tailgates and sideboards must be closed when possible. If over-hang cannot be avoided, it must be kept to a minimum. The over-hanging part of the load must be clearly marked.
  • If more than one company is involved, they should agree in advance how loading and unloading will happen.  For example, if visiting drivers unload their vehicles themselves, they must receive the necessary instructions, equipment and co-operation for safe unloading. Arrangements will need to be agreed in advance between the haulier and the recipient.
  • Some goods are difficult to secure during transport. Hauliers and recipients will need to exchange information about loads in advance so that they can agree safe unloading procedures.
  • Checks must be made before unloading to make sure loads have not shifted during transit and are not likely to move or fall when restraints are removed.

There must be safeguards against drivers accidentally driving away too early. This does happen and is extremely dangerous. Measures could include:

Traffic lights.

  • The use of vehicle or trailer restraints.
  • The person in charge of loading or unloading could keep hold of the vehicle keys or paperwork until it is safe for the vehicle to be moved.
  • These safeguards would be especially effective where there could be communication problems, for example where foreign drivers are involved.

If you require health and safety advice for your business, please contact one of our team.

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Corporate Manslaughter Prosecution

A corporate manslaughter prosecution by Dorset Police has resulted in convictions for a waste management company and its director.

A waste and recycling company has been sentenced for corporate manslaughter and other health and safety offences following the death of a man at a site in Poole. A company director has also been sentenced in connection with the incident.

Detectives from Dorset Police have been working with the Health and Safety Executive (HSE) to conduct investigations into two incidents that occurred at the FDS Waste Services in Mannings Heath Road.

The first incident occurred on Thursday 13 December 2018 when an employee at the site was injured following a collision with a vehicle and very sadly died as a result of the injuries he sustained.  The man was sorting recycling materials by hand in the yard when he was struck and killed by a reversing wheeled loader vehicle, which was being used to sort materials.

A further incident occurred on Monday 1 June 2020, in which an employee sustained injuries after becoming trapped in a large mechanical conveyor after he had climbed in to remove a blockage. The man sustained broken ribs and other injuries.

The joint investigation focused on allegations that the company had failed to put in place sufficient working practices to safeguard its employees, including failing to ensure employees were segregated from moving vehicles during waste sorting. It was also found that the company failed to provide its employees with adequate training, monitoring and supervision to prevent vehicle collisions in the yard.

A separate investigation by the HSE found that FDS Waste Services failed to ensure that the workforce was provided with the padlocks required for locking the power source of the machinery in the ‘off’ position and did not offer adequate training for dealing with blockages and other maintenance tasks, which required access behind the machinery guards.

Detectives from Dorset Police’s Major Crime Investigation Team (MCIT) worked jointly with the HSE to conduct detailed enquiries into the operations at the facility and liaised with a number of experts to compile evidence. Following engagement with specialists at the Crown Prosecution Service, charges were approved and the matter was brought before the court.

Following a four-week trial at Winchester Crown Court the company was found guilty of a charge of corporate manslaughter. It was also convicted for two offences of failing to discharge its duty under the Health and Safety at Work Act 1974.

At a sentencing hearing on Wednesday 22 February 2023, the company was ordered to pay fines totalling £640,000, as well as costs of £60,000.  Also, the company director, Philip Pidgley, was also convicted of an offence of failing to discharge his duty under the Health and Safety at Work Act 1974. He was sentenced to six months in prison, suspended for 12 months.

“Our thoughts remain with the family and loved ones of Mr Mohamed, who sadly died as a result of the incident on Thursday 13 December 2018.

“Nothing will ever make up for their loss, but we owe it to them to ensure those who put him and other employees at risk by failing to instil safe working practices are held to account.

“We have carried out a detailed investigation in conjunction with the HSE and other experts in order to demonstrate how the company fell below the standards required of them.”

Detective Superintendent Rich Dixey, of Dorset Police

After the prosecution, HSE inspector Berenice Ray said:

“Both of these incidents, including the tragic death of Mr Mohamed, could have been avoided had well-established measures been taken to ensure workers’ health and safety.

“Those in control of work must ensure that their workplace is organised in such a way that pedestrians and vehicles can circulate in a safe manner.

“They must also ensure that the power source of relevant machinery is isolated and physically ‘locked off’ whenever the guards are removed or access within the machinery is necessary.

“Those in control of work have a duty to assess the risks; devise safe methods of working and provide the necessary information, instruction and training to their workforce.

“They must also adequately supervise work activities to check the effectiveness of the training provided and ensure safe systems of work are followed.

“There is clear, freely available guidance on how to manage these risks available on HSE’s website.”

Guidance

Employers who operate waste management sites must ensure that a suitable and sufficient risk assessment is undertaken covering the plant movement risks.  When considering the risks from vehicle manoeuvring, employers must ensure that vehicles have large enough windscreens (with wipers where necessary) and external mirrors to provide an all-round field of vision.  It is often worthwhile adding extra mirrors to reduce blind spots for drivers. Side mirrors can allow drivers of larger vehicles to see cyclists and pedestrians alongside their vehicles and can be effective in improving visibility around the vehicle from the driving position. These mirrors are fitted to larger road-going vehicles as standard.

Drivers should not place items in the windscreen area or in the way of mirrors or monitors, where they might impede visibility from the driving position. The area of the windscreen that is kept clear by the wipers should not be obscured, and nor should the side windows. Windows and mirrors will also normally need to be kept clean and in good repair. Dirt or cracks can make windows or mirrors less effective.

Some types of vehicles (such as straddle carriers, large shovel loaders and some large quarry vehicles) often have poor visibility from the cab. Visibility can be poor to the side or front of a vehicle as well as behind and loads on vehicles can severely limit the visibility from the driving position.

Lift trucks and compact dumper vehicles in particular can have difficulty with forward visibility when they are transporting bulky loads. Employers should recognise these risks in their risk assessment and think about ways to minimise them.

Closed-circuit television (CCTV) may help drivers to see clearly behind or around the vehicle. CCTV can cover most blind spots and the cost of fitting CCTV systems has fallen since the technology was first developed. Companies who have fitted CCTV have found that it can reduce the number of reversing accidents, so the systems usually pay for themselves in a few years.

Colour systems can provide a clearer image where there is little contrast (for example, outside on an overcast day). However, black-and-white systems normally provide a better image in lower light or darkness, and usually come with infra-red, which can be more effective than standard cameras at night.

Monitors should have adjustable contrast, brightness and resolution controls to make them useful in the different light conditions in which they will be used. Drivers may need to use a hood to shield any monitor from glare.

If possible, fit the camera for a CCTV system high up in the middle of the vehicle’s rear (one camera), or in the upper corners (two cameras). This will provide a greater field of vision and a better angle for the driver to judge distance and provide. It also keeps the camera clear of dust and spray, and out of the reach of thieves or vandals.

However, CCTV systems do have some limitations which employers should consider:

  • If the vehicle leaves a darker area to a more strongly lit area (for example, driving out of a building) the system may need time to adjust to the brightness.
  • A dirty lens will make a camera much less effective.
  • Drivers may find it difficult to judge heights and distances.

Drivers should not be complacent about safety even with CCTV systems installed. They should be trained in proper use of the equipment and employers have a duty to provide such training and instruction.

Reversing alarms may be drowned out by other noise or may be so common on a busy site that pedestrians do not take any notice. It can also be hard to know exactly where an alarm is coming from, and people who are less able to hear are also at greater risk. Alarms can also disturb nearby residents.  However, reversing alarms may be appropriate (based on the risk assessment) but might be most effectively used with other measures, such as warning lights.

Additional advice on transport safety can be found in the HSE Guide to workplace transport safety (HSG 136, 2014) which is available free on the website. If you require health and safety advice or support for your business, please contact one of our team.

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Nestle Newcastle factory fine

Nestle Newcastle factory fine after an employee suffered life-changing injuries.  The incident happened on 30 November 2020 when the man was drawn into a roller mechanism on a conveyor machine.

South Tyneside Magistrates’ Court heard how the maintenance technician was investigating a problem on the conveyor belt of a machine used to make chocolate sweets. While checking the machine, his sleeve was caught in a roller, which dragged his left arm into the machine, trapping it between the roller and a conveyor belt.

A Health and Safety Executive (HSE) investigation into the incident at Nestle’s factory on Rowan Drive, Fawdon, Newcastle upon Tyne found that the company had not properly assessed the risk created by the rollers under the conveyor belt and failed to guard the roller, which was a dangerous part.

It was foreseeable that employees would require access to this area and there was a clear risk of injury to employees coming into contact with this roller. Nestle had previously been prosecuted following a similar incident at its Halifax factory.

Nestle UK Ltd of City Place, Gatwick, West Sussex, pleaded guilty to breaching Regulation 11(1) of the Provision and Use of Work Equipment Regulations 1998 and was fined £800,000, ordered to pay costs of £7,776.50 and a victim surcharge of £190 at South Tyneside Magistrates’ Court on October 19.

“This incident could easily have been avoided had Nestle properly reviewed the safety measures at its plant and its equipment to ensure that access to dangerous parts was prevented.

“Nestle were aware of this risk following a similar incident at its Halifax plant but failed to take appropriate action.”

HSE inspector William Gilroy
Nestle Newcastle factory fine
Employers must ensure equipment is safe (stock image)

Work Equipment Guidance

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact a member of the Ashbrooke team.

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Company worker paralysed

A Bernard Matthews worker paralysed in an accident has resulted in the company being prosecuted.  Bernard Mathew’s Food Ltd has been fined £400,000 following two separate incidents where employees were seriously injured.

Colin Frewin was left permanently paralysed and spent six months in hospital following an incident at the company’s Suffolk manufacturing plant.

Worker paralysed

Mr Frewin suffered multiple serious injuries, including a pierced left lung, several broken ribs, four fractured vertebrae and a spinal bleed. He was put in an induced coma for three weeks and is now classed as a T6 paraplegic and has been diagnosed with autonomic dysreflexia (AD).

Chelmsford Crown Court heard how 54-year-old Mr Frewin suffered the injuries on 28 January 2020. He had been tasked with cleaning a large screw conveyor used to move poultry turkeys along and chill them. While working on the gantry between the spin chillers he noticed a turkey stuck at the bottom of it.

As he attempted to dislodge the turkey using a squeegee, Mr Frewin was drawn into the machine. It was only when a colleague noticed Mr Frewin was missing from the gantry and heard his cries for help, the emergency stop was pulled.

The Health and Safety Executive (HSE) investigation found an unsafe system of work meant the chillers remained running as Mr Frewin went to dislodge the turkey.

In a victim personal statement, Mr Frewin described how his horrific injuries left him feeling “isolated” and in need of daily care.

“I will never walk again and so I will be in a wheelchair permanently.  I now have a suprapubic catheter, which was inserted via an operation.  The district nurse has to give me bowel care every day and visits me daily at home.  I also suffer from AD – a condition which is life threatening, as my body doesn’t register if I’m ill.  I have moved from my flat overlooking the sea, to a bungalow.  However, I miss seeing the sea and being close to the seafront and all the amenities. I feel isolated as I cannot go out when I want as I need people to assist me.  The accident has affected my life and my family’s lives.  When I talk about the incident, I sometimes find this upsetting and then have restless nights.”

There was another incident at the same plant five months earlier, on 12 August 2019, when a turkey deboning line had to be shut down after developing a fault.

As a result, 34-year-old Mr Adriano Gama, along with the rest of the employees, were moved to a surplus production line to continue the process.

Whilst working on the surplus production line, one of the wings became stuck in the belt under the machine. Mr Gama attempted to push it out of the way, but as he did do, his gloved hand became caught in the exposed sprocket of the conveyer and was drawn into the machine.

He was eventually freed and taken to hospital having suffered a broken arm and severe damage to the muscles in his forearm.

An investigation by the Health and Safety Executive (HSE) found that on the day of the incident pre-start checks were only completed on the production lines that were regularly used.

Therefore, when workers were asked to move to the surplus deboning line there was no system in place to ensure that it was checked prior to it being put into operation.

The investigation uncovered that two safety guards had been removed and a team leader responsible for the production lines had verbally reported this issue to the engineering team, but it was not followed up by either party.

Bernard Mathews Prosecution

Bernard Matthews Food Ltd of Sparrowhawk Road, Halesworth in Suffolk pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974. The company was fined £400,000 and ordered to pay costs of £15,000.

“Both incidents could have been avoided – the consequences were devastating for Mr Frewin in particular.

“If Bernard Matthews had acted to identify and manage the risks involved and put a safe system of work in place they could have easily been prevented.

“Fundamentally, you should not clean a machine while it is running.

“Companies need to ensure that risk assessments cover activities including cleaning and blockages, and that where appropriate, robust isolation and lock off mechanisms are in place for these activities.

“Prior to use you can put in place some pre-start checks and if faults such as missing guards are identified they need to be formally reported, tracked, rectified and closed out.”

HSE Principal Inspector Adam Hills

worker paralysed
Do you provide suitable equipment to your workers?

Worker Equipment

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

New Equipment for Workers

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.