The Provision and Use of Work Equipment Regulations 1998

Protection against specified hazards E+W+S

12.—(1) Every employer shall take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from any hazard specified in paragraph (3) is either prevented, or, where that is not reasonably practicable, adequately controlled.

(2) The measures required by paragraph (1) shall—

(a) be measures other than the provision of personal protective equipment or of information, instruction, training and supervision, so far as is reasonably practicable; and

(b) include, where appropriate, measures to minimise the effects of the hazard as well as to reduce the likelihood of the hazard occurring.

(3) The hazards referred to in paragraph (1) are—

(a) any article or substance falling or being ejected from work equipment;

(b) rupture or disintegration of parts of work equipment;

(c) work equipment catching fire or overheating;

(d) the unintended or premature discharge of any article or of any gas, dust, liquid, vapour or other substance which, in each case, is produced, used or stored in the work equipment;

(e) the unintended or premature explosion of the work equipment or any article or substance produced, used or stored in it.

(4) For the purposes of this regulation “adequately” means adequately having regard only to the nature of the hazard and the nature and degree of exposure to the risk.

(5) This regulation shall not apply where any of the following Regulations apply in respect of any risk to a person’s health or safety for which such Regulations require measures to be taken to prevent or control such risk, namely—

(a) the Ionising Radiations Regulations 1985(1);

(b) [F1 the Control of Asbestos Regulations 2012];

(c) the Control of Substances Hazardous to Health Regulations 1994(2);

(d) [F2 the Control of Noise at Work Regulations 2005];

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Control of Lead at Work Regulations 1998(3);

[F4 (g) the Control of Vibration at Work Regulations 2005].

Textual Amendments

F1 Words in reg. 12(5)(b) substituted (6.4.2012) by The Control of Asbestos Regulations 2012 (S.I. 2012/632), reg. 1, Sch. 3

F2 Words in reg. 12(5)(d) substituted (6.4.2006 for specified purposes, 6.4.2008 in so far as not already in force) by The Control of Noise at Work Regulations 2005 (S.I. 2005/1643), regs. 1, 15(1)(b) (with reg. 3(3)(4))

F3 Reg. 12(5)(e) revoked (6.4.2013) by The Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2013 (S.I. 2013/448), reg. 1, Sch. Table 4

F4 Reg. 12(5)(g) added (6.7.2005) by The Control of Vibration at Work Regulations 2005 (S.I. 2005/1093), regs. 1, 13(2) (with reg. 3)

Commencement Information

I1 Reg. 12 in force at 5.12.1998, see reg. 1

(1)

S.I. 1985/1333, amended by S.I. 1992/743, 1992/2966.

(2)

S.I. 1994/3246, amended by S.I. 1994/3247, 1996/2001.

(3)

S.I. 1998/543.