The law on dangerous machinery parts

23/06/2017

The Provision and Use of Work Equipment Regulations 1998 (PUWER) aims to make the workplace safer for anyone working with equipment and machinery.

PUWER imposes duties on businesses that own, operate or have control over equipment in the workplace and responsibilities in relation to their employees using work equipment.

Application

PUWER applies to all work equipment whether it is owned or hired, new or second hand.  “Work equipment” is broadly defined as including any machinery, appliance, apparatus or tool, assembly or components working together to function as a whole.  The regulations therefore apply to most workplaces.

General requirements

PUWER requires that equipment provided for use at work is:

•  suitable;          

• safe, maintained safely and inspected to ensure it does not deteriorate;          

• used only by those who have received adequate training and information;          

• accompanied by suitable health and safety measures such as protective devices and emergency stops; and          

• used in accordance with specific requirements for mobile work equipment and power presses.

Dangerous parts

Regulation 11 of PUWER deals with dangerous parts of machinery.  It requires employers to take measures to prevent access to dangerous parts of machinery and to stop the movement of any dangerous machinery before a person enters a danger zone.

“Dangerous part” has been defined by the courts as one that might be a reasonably foreseeable cause of injury to anyone acting in a reasonably expected way in reasonably expected circumstances.

“Dangerous machinery” relates to machinery that, in ordinary use, danger might be reasonably anticipated not only from a prudent, alert and skilled operative but also a careless and inattentive operative.

The “danger zone” is the area on or around machinery in which there is a risk of contact between a person and a machine.

The Health and Safety Executive (HSE) issues publications containing specific guidance on particular machines or dangerous parts and guidance can be found on its website.

Regulation 11

Regulation 11 requires employers to take effective measures preventing access to dangerous parts of machinery or stopping the movement of dangerous parts before a person enters the danger zone.  Regulation 11 sets out a hierarchy of control measures as follows:

• provision of fixed guards enclosing every dangerous part or rotating stock-bar (projecting beyond the head-stock of a lathe) where practicable to do so; or       

•  provision of other guards or protection devices where practicable to do so; or          

• provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where practicable to do so and         

• provision of such information, instruction, training and supervision as is necessary.

What is meant by “practicable” could give rise to some debate.  The term is distinguishable from “reasonably practicable” or “foreseeable”.  In order to be practicable, the safety measures must be possible to fit and should not increase any health and safety risks.  In deciding what is practicable, some degree of reasoning must be applied as well as consideration of the foreseeable risks from the absence of any safeguarding measures.

Safety guards and protective devices

The regulations detail the mandatory requirements of the guards and protective devices to be used.  Guards must be suitable for purpose, not give rise to any increased risk to health and safety and constructed or adapted so that they allow necessary operation of the machinery.

Risk assessments

Workplace risk assessments should identify dangerous machinery and potential injuries presented.  This will enable employers to decide on the hazardous risk of such machinery and appropriate safeguarding measures.  A risk assessment should cover not only use of machinery but setting, maintenance, cleaning and repair, which may require a different level of safeguarding, or training and supervision.

Practical points

Employers may wish to consider the following practical points in relation to PUWER regulations generally although this is by no means an exhaustive list:

• ensure risk assessments are conduced thoroughly, updated regularly and implemented efficiently and effectively          

• ensure log books are used and maintained with all machinery           

• where the safety of work equipment relies on proper installation, always inspect and check equipment after installation, before use          

• provide adequate, clear health and safety information, including written instructions, equipment markings and warnings          

• ensure the use of dangerous equipment is restricted to those people trained and appointed to use it and that training is up to date          

• when providing new work equipment, ensure it conforms with European machinery directives in that it is CE marked, comes with a declaration of conformity, instructions in English and free from obvious defects          

• do not rely on a CE mark to assume equipment then complies with other health and safety regulations, as a CE mark does not dilute obligations under PUWER          

• obtain expert legal advice if you are unsure of any of your workplace obligations and responsibilities in relation to PUWER or other health and safety legislation

Legal advice

Health and safety in the workplace should be a fundamental consideration for employers. Breaches of any health and safety regulations have serious consequences.  If you require further advice and information about PUWER, we are legal experts in health and safety law and can provide you with professional and practical advice.