Provision and Use of Work Equipment Regulations (Northern Ireland) 1993

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations impose health and safety requirements with respect to the provision and use of work equipment, which is defined in regulation 2.

2.  The Regulations implement in Northern Ireland certain provisions of Council Directive 89/655/EEC on the minimum safety and health requirements for the use of work equipment by workers at work (O.J. No. L393, 30.12.89, p.33) (“the Directive”) with the exception of the following matters:—

(a) the Regulations do not apply in relation to the master or crew of a seagoing ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master (regulation 3);

(b) a general requirement to ensure that work equipment may be used without impairment to safety or health (Article 3.1 of the Directive);

(c) a general requirement to minimise risks where they cannot be eliminated (Article 3.2 of the Directive);

(d) a requirement for containment or extraction devices in certain cases (point 2.5, second indent of the Annex to the Directive);

(e) a requirement for safe means of access to and safe places of work (point 2.16 of the Annex to the Directive);

(f) protection from electrical risks (point 2.19 of the Annex to the Directive).

3.  The Regulations impose requirements upon employers in respect of work equipment provided for or used by their employees at work. The requirements are also applied to self-employed persons and persons in control of specified premises in the circumstances set out in regulation 4.

Regulation 11 to 24 and 26 and Schedule 2 in so far as they apply to work equipment first provided for use before 22nd February 1993, come into operation on 1st January 1997.

4.  The Regulations make provision with respect to:—

(a) the suitability of work equipment (regulation 5);

(b) the maintenance of work equipment and keeping up to date of any maintenance log (regulation 6);

(c) the duty of employers where the use of work equipment is likely to involve a specific risk to health or safety (regulation 7);

(d) the duty of employers to provide information, instructions and training for persons who use work equipment and also for certain other employees (regulations 8 and 9);

(e) the duty of employers to ensure that work equipment complies with requirements of European Community Directives (regulation 10 and Schedule 1);

(f) the protection of persons from dangerous parts of machinery and rotating stock-bars (regulation 11);

(g) the prevention or control of exposure of any person to any risk caused by certain specified hazards (regulation 12);

(h) protection from high or very low temperature (regulation 13);

(i) controls (including emergency and other stop controls) and control systems (regulations 14 to 18);

(j) the isolation of work equipment from sources of energy (regulation 19);

(k) the stability of work equipment (regulation 20);

(l) lighting at any place where work equipment is used (regulation 21);

(m) taking measures to ensure that work equipment is so constructed or adapted that maintenance operations can be carried out in specified ways (regulation 22);

(n) appropriate markings, warnings, or warning devices (regulations 23 and 24).

5.  The Secretary of State for Defence may grant exemptions from the Regulations in the interests of national security (regulation 25).

6.  Certain statutory provisions are repealed or revoked (regulation 26 and Schedule 2).

7.  A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.