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7/30/2019 PUWER http://slidepdf.com/reader/full/puwer 1/26 33  o v  s  o n  a n  d  U  s  e  o W  o  q  u  p m  e n  t R  e  g  u  a  t  o n  s  9  9  8 Chapter 2 Provision and Use of Work Equipment Regulations 1998 Contents 2.0 Background to the Provision and Use of Work Equipment Regulations (PUWER) 2.0.1 Scope 2.1 The Regulations 2.1.1 Regulation 1: Citation and commencement 2.1.2 Regulation 2: Interpretation 2.1.3 Regulation 3: Application 2.1.4 Regulation 4: Suitability of work equipment 2.1.5 Regulation 5: Maintenance 2.1.6 Regulation 6: Inspection 2.1.7 Regulation 7: Specific risks 2.1.8 Regulation 8: Information and instructions 2.1.9 Regulation 9: Training 2.1.10 Regulation 10: Conformity with Community requirements 2.1.11 Regulation 11: Dangerous parts of machinery 2.1.12 Regulation 12: Protection against specified hazards 2.1.13 Regulation 13: High or very low temperature 2.1.14 Regulation 14: Controls for starting or making a significant change in operating conditions 2.1.15 Regulation 15: Stop controls 2.1.16 Regulation 16: Emergency stop controls 2.1.17 Regulation 17: Controls 2.1.18 Regulation 18: Control systems
Transcript
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Chapter 2

Provision and Use of Work Equipment Regulations 1998

Contents

2.0 Background to the Provision and Use of Work

Equipment Regulations (PUWER)

2.0.1 Scope

2.1 The Regulations

2.1.1 Regulation 1: Citation and commencement

2.1.2 Regulation 2: Interpretation

2.1.3 Regulation 3: Application

2.1.4 Regulation 4: Suitability of work equipment

2.1.5 Regulation 5: Maintenance

2.1.6 Regulation 6: Inspection

2.1.7 Regulation 7: Specific risks

2.1.8 Regulation 8: Information and instructions2.1.9 Regulation 9: Training

2.1.10 Regulation 10: Conformity with Community

requirements

2.1.11 Regulation 11: Dangerous parts of machinery

2.1.12 Regulation 12: Protection against specified

hazards

2.1.13 Regulation 13: High or very low temperature

2.1.14 Regulation 14: Controls for starting or making a

significant change in operating conditions

2.1.15 Regulation 15: Stop controls

2.1.16 Regulation 16: Emergency stop controls

2.1.17 Regulation 17: Controls

2.1.18 Regulation 18: Control systems

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2.1.19 Regulation 19: Isolation from sources of energy

2.1.20 Regulation 20: Stability

2.1.21 Regulation 21: Lighting

2.1.22 Regulation 22: Maintenance operations

2.1.23 Regulation 23: Markings

2.1.24 Regulation 24: Warnings

2.1.25 Regulation 25: Employees carried on mobile

work equipment2.1.26 Regulation 26: Rolling over of mobile work

equipment

2.1.27 Regulation 27: Overturning of fork-lift trucks

2.1.28 Regulation 28: Self-propelled work equipment

2.1.29 Regulation 29: Remote-controlled self-propelled

work equipment

2.1.30 Regulation 30: Drive shafts

2.1.31 Regulation 31: Power presses to which Part 4

does not apply

2.1.32 Regulation 32: Thorough examination of power

presses, guards and protection devices

2.1.33 Regulation 33: Inspection of guards and

protection devices

2.1.34 Regulation 34: Reports

2.1.35 Regulation 35: Keeping of information2.1.36 Regulation 36: Exemption for the armed forces

2.1.37 Regulation 37: Transitional provision

2.1.38 Regulations 38 and 39: Repeals and revocations

2.2 Summary  

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2.0 Background to the Provision and Use of Work

Equipment Regulations (PUWER)

The PUWER Regulations were made under the Health and Safety at

Work Regulations (MHSWR). They were originally introduced in 1992

and placed wide-ranging responsibilities for health and safety in the

workplace on employers and employees alike. Regulation 3 of the

MHSWR requires every employer to assess the risks to the health

and safety of people in their workplace. This means that it is the

employer’s responsibility to look not only at work equipment but at the

whole working environment (from the front door to the back gate).

Five other regulations were introduced to complement the Health and

Safety at Work Regulations:

PUWER

 VDU

Manual Handling

Workplace Health, Safety and Welfare

Protective Equipment at Work.

All are very relevant. PUWER has an all-encompassing demand on

the workplace, although the regulations are predominantly aimed at

equipment used at work. The regulations not only require employers

to provide suitable work equipment but also instruct them to considerworking conditions and any risks to the health and safety of

personnel.

The application of PUWER must be addressed by different skills and

can be regarded as shown in Fig. 4 overleaf. For example, it would

be the task of the maintenance engineer to address the section on

maintenance, and the responsibility of the production engineer to look

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at the section on personnel, but both would be involved in the

sections looking at equipment.

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MHSWR

PUWER1 - 38

Personnel8, 9, 10, 23, 24

Equipment6, 11 - 21, 25 - 34

Workplace4, 6, 7, 8, 23, 24

Maintenance5, 6, 22, 23, 24

Fig. 4: The different aspects to PUWER

2.0.1 Scope

These far-reaching regulations make it the employer’s responsibility

to ensure that safe work equipment is provided, enabling employeesto carry out their duties safely. PUWER covers all areas of work and

all types of work equipment. Areas of work activity include shops,

offices, schools, factories, hospitals and offshore installations. Work

equipment on board sea-going vessels is subject to these regulations

in certain circumstances. For further information it is advisable to

refer to the Approved Code of Practice and Guidance, published by

the HSE.

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The equipment covered is wide and varied. The short description

includes “anything from a tool to a car assembly plant”.

Responsibilities also fall on employees, who are obliged to co-operate

with their employers on health and safety matters, to use and not

misuse anything provided for their health, safety and welfare, and to

care for their own health and safety as well as those affected by their

acts or omissions.

Since these regulations were introduced, PUWER has been the

driving force towards a safer workplace. On 5 December 1998, a

redraft of the PUWER Regulations came into force. This included

some new parts and rearranged some of the sections. Again, for full

information it is best to refer to the Approved Code of Practice and

Guidance, published by the HSE.

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2.1 The Regulations

There are now 39 regulations, divided into Parts 1 to 5:

Part 1 (Introduction) contains Regulations 1 to 3

Part 2 (General) contains Regulations 4 to 24

Part 3 (Mobile Work Equipment) contains Regulations

25 to 30Part 4 (Power Presses) contains Regulations 31 to 35

Part 5 (Miscellaneous) contains Regulations 36 to 39.

Parts 3 and 4 of the regulations were added to PUWER in December

1998. The regulations in Part 4 (Power Presses) revoke the Power

Press Regulations 1965 (S.I. 1965/1441) and the Power Presses

(Amendment) Regulations 1972.

2.1.1 Regulation 1: Citation and commencement

These regulations are cited as the Provision and Use of Work

Equipment Regulations (1998). They revoke the Provision and Use of

Work Equipment Regulations (1992) and apply to all work equipment.

2.1.2 Regulation 2: Interpretation

This regulation defines work equipment as any machinery, appliance,

apparatus, tool or installation for use at work. Any item used duringwork is covered by this regulation, with the exception of private cars,

livestock, substances and structural items (NB. stairs are not

included, but ladders are). The regulations also cover any activity

involving the use of work equipment, such as modification, repair,

cleaning, starting, stopping and servicing. Employers must ensure

that all work equipment meets the essential requirements of the

regulations laid down for the manufacture of that equipment, and that

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inspections are carried out in the right manner, by the appropriate

person.

2.1.3 Regulation 3: Application

This regulation defines where the duties lie. In general, these

regulations involve duties placed on employers (whether individuals,

partners or companies) in respect of work equipment provided for or

used by an employee at work. It also applies to the self-employed

person in respect of work equipment used at work. It even extends

beyond this to those who have control of work equipment, and to

those who use, supervise or manage its use or the way it is used, to

the extent of their control. These requirements do not apply to a

person supplying work equipment for sale, sale agreement or hire

purchase (machinery factors etc.). Please refer to Regulation 6 for

the requirements with regard to direct acquisition, supply and

installation.

This regulation also outlines its application with respect to merchant

shipping, referring to the “merchant shipping requirements”.

However, certain regulations will apply for “special operations”, i.e.

use of work equipment by other than the master or crew, or if other

persons are exposed to a health risk.

2.1.4 Regulation 4: Suitability of work equipment

Every employer shall ensure that work equipment is:

Constructed or adapted in a way that is suitable for

the purpose for which it is provided

Only used for the purpose for which it is provided

Only used in the place and under the provisions for

which it is provided.

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These three aspects are the main thrust of this regulation. The first

suggests that work equipment must have integrity, either in its initial

design and construction or in the way it is adapted to meet the

functional requirements of the task it performs. It must function

correctly and it must not present a hazard to anyone exposed to it.

The second aspect stresses that work equipment can only be safe

when used within its design criteria. An example of unsafe practice

would be to use a one tonne sling to lift a five tonne load. The third

point concerns where work equipment is used. Design limits are

again important, for example, equipment designed for use indoors or

in dry conditions could become hazardous if used outdoors or during

a thunderstorm.

2.1.5 Regulation 5: Maintenance

Work equipment must be efficiently maintained and kept fit and

suitable for its intended purpose. It must not be allowed to

deteriorate in function or performance to such a level that it puts

people at risk. This means that regular, routine and planned

maintenance regimes must be considered if hazardous problems can

arise. Machinery is not required to have a maintenance log, but

where one exists, it must be kept up-to-date. This regulation ties in

closely with Regulation 22, which states that facilities and information

to allow safe maintenance must be provided.

2.1.6 Regulation 6: Inspection

Where the safety of work equipment depends on the installation

conditions, it is now the duty of every employer to ensure that these

are inspected after installation and before the equipment is put into

service for the first time, or after it is assembled at a new site or

location. This inspection must be appropriate for the particular

equipment (i.e. may be visual or more rigorous). Where necessary,

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appropriate testing must be carried out. The inspection must be carried

out by a competent person who has had suitable training on the

equipment and knows what has to be assessed and who to report to.

Equipment exposed to conditions causing deterioration which could

lead to a dangerous situation must be inspected at suitable intervals,

or sooner if a situation has occurred that is liable to jeopardise its

safety. The results of an inspection must be recorded and kept until

the next inspection. This will ensure that good health and safety

conditions are maintained and that any deterioration is detected and

remedied in good time. No work equipment shall leave an employer’s

premises or be acquired by the employer unless it is accompanied by

physical evidence of the last inspection.

This regulation does not apply to:

Power presses or the protection devices for tools on suchpower presses

Work equipment for lifting loads, including people

Winding apparatus covered by the Mines (Shafts and

Winding) Regulations 1993

Work equipment required to be inspected by Regulation

29 of the Construction (Health, Safety and Welfare)

Regulations 1996.

2.1.7 Regulation 7: Specific risks

Where the use of work equipment involves specific risks to health and

safety, employers must ensure that only personnel with suitable and

sufficient training are allowed to operate or maintain such equipment.

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2.1.8 Regulation 8: Information and instructions

All personnel involved with the use, maintenance and supervision of

work equipment must have access to adequate information and,

where necessary, written details concerning its safe use. This

information must include details of:

How the equipment should be use

Restrictions on its use

Foreseeable abnormal situations that could occur

 Action to be taken in case of the above.

2.1.9 Regulation 9: Training

Anyone who will use work equipment must be given adequate training

in its use and must be well informed as to specific precautions that

may be required. Employers must ensure that the same training is

given to supervisors and managers. Training should detail the correctmethods to adopt when using the equipment and any precautions

required to combat residual risks.

2.1.10 Regulation 10: Conformity with Community requirements

If work equipment is subject to any European Directive ratified

through Parliament (Statutory Instrument), it must comply with the

essential requirements relating to its design or construction before it

is supplied for use. As far as machinery is concerned, this meansthat any unit supplied after 1 January 1993 must comply with The

Supply of Machinery (Safety) Regulations before it is used. Second-

hand machinery acquired from outside the European Economic Area

must also comply with this regulation before it is put into service.

This means that all such units must carry the CE mark and must be

supplied with a declaration of conformity with the Essential Health

and Safety Requirements. Before being put into use, all work

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equipment must be inspected (Regulation 6) with regard to

Regulations 11-19 and 22-29, as the essential requirement of that

item of work equipment may not be suitable once installed in the

workplace.

It is illegal to either supply or use machinery that does not comply. It

is important to note that the CE mark is not a quality mark, nor does it

show fitness for the user’s intended purpose. Anyone putting

machinery into service should make sure the equipment is safe and

interpret the CE as “check everything”.

2.1.11 Regulation 11: Dangerous parts of machinery 

Measures must be taken to prevent access to dangerous parts of

machinery or to stop dangerous movement before any part of an

exposed person can enter a danger zone. Essentially these

measures are laid out in a hierarchy, as detailed below:

Where possible, fixed guards must be provided in order to

enclose the dangerous parts (e.g. covering the drive belts, where

access is not required on a regular basis).

If this is not practical, movable guards and/or other protection

devices shall be applied (e.g. using interlocked guards in areas

where frequent access is required; using light curtains,

mechanical trip devices and pressure mats to stop dangerous

movements before personnel can reach hazardous areas).

Where this is not possible, the next step would be to use jigs or

push sticks. These must be used in conjunction with specialised

training to allow the task to be performed while the body is kept

as far away from the hazard(s) as possible (e.g. using a push

stick to complete the cut when using a circular saw).

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When all the other measures have been applied as far as is

reasonably practicable, the final step is to “warn and inform” by

providing special training and, where necessary, supervision.

As implied in the final paragraph, each step must be analysed and,

where practicable, put in place before deferring to a lower level of

protection. This can only be achieved by carrying out a detailed risk

assessment (see Chapter 4). This regulation also details the basicrequirements for the construction of guards, as well as their

maintenance and possible misuse. These ideas are expanded in

Chapter 5.

2.1.12 Regulation 12: Protection against specified hazards

This regulation identifies several specific hazards and requires the

ensuing risks to health and safety either to be prevented or, where

this is not reasonably practicable, to be adequately controlled. Theprovision of personal protective clothing, training and information is

not considered adequate protection against such hazards. These

measures must be front-line actions, designed to prevent or reduce

the likelihood of the hazard occurring or to minimise the effects of the

hazard. The hazards identified are:

Any article or substance falling or being ejected from work

equipment; rupture or disintegration of parts of work equipment

Fire or overheating

Unintended or premature discharge of any article or any gas,

dust, liquid, vapour or other substance used, produced or stored

in the work equipment

Unintended or premature explosion of the equipment or any

article/substance produced by, used or stored in it.

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2.1.13 Regulation 13: High or very low temperature

Every employer shall ensure that work equipment that is at high or

very low temperature shall have protection in order to prevent injury

by burn, scald or sear. This also applies to parts of work equipment

and any article or substance produced, used or stored in work

equipment, where such temperatures are present. This regulation

calls for protection against contact damage and not radiated heat or

glare. Achievable protective measures (e.g. lagging pipes on a boiler

or the barrel of an injection-moulding machine) take precedence. If

such protection is not suitable (e.g. soldering iron or hotplate),

sufficient warnings, training and the use of protective clothing will be

required. However, these should not be applied until all feasible

engineering measures have been explored.

2.1.14 Regulation 14: Controls for starting or making a

significant change in operating conditions

Machinery must be provided with one or more controls to start or

regulate any change in speed, pressure or other condition that could

increase the risk to the health and safety of the exposed person.

All controls to start or restart machinery (after a stoppage) shall be by

deliberate action. One exception is the case of an automatic machine

operating in a normal cycle. However, if an operator interrupts the

cycle to make adjustments or clear blockages, restart shall only be by

deliberate action. If changing the mode of operation could present

hazards to the operator (e.g. changing from automatic to manual or

maintenance mode), this should only be possible by using a key or

access code, for example.

2.1.15 Regulation 15: Stop controls

All work equipment, where appropriate, must be provided with one or

more readily accessible controls that will bring the equipment to a safe

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condition in a safe manner. This control shall have priority over start

commands. If required for reasons of health and safety, this control

shall bring the work equipment to a complete stop and remove or

switch off all forms of energy when the stop is achieved. In some

cases, a stop command will only stop machine movement, leaving

devices such as pumps or fans running. This is permitted if such

devices do not present a danger to exposed persons.

2.1.16 Regulation 16: Emergency stop controls

One or more emergency stop controls must be provided, unless their

operation would not reduce the risk. These will have priority over all

other controls. Their operation will bring the equipment to a safe

condition in the quickest possible time, without causing other hazards.

The standards explain that, where appropriate, the stop function shall

operate as a category 0 or 1 stop. These stops will be provided at

workstations and other appropriate positions as directed by the risk

assessment (see Chapter 4). Emergency stop devices include

devices such as:

Mushroom-headed buttons

Bars

Levers

Kick-plates

Pressure-sensitive cables.

All such devices must be well marked and easily recognised. Where

possible, they must lock in the off position and require a definite action

to reset. Resetting the emergency stop should not allow an automatic

restart. This must only be possible by an additional voluntary action.

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2.1.17 Regulation 17: Controls

Controls should be clearly visible and identifiable, and should be

positioned so that operators can use them without risk to their health

and safety. Where possible, they should be positioned so that

operators can see that all areas are clear; if this is not possible,

suitable additional measures should be put in place. These can

include audible and visual warnings to serve as alarms prior to the

machine starting up. Good advice is available in the harmonised

standards.

2.1.18 Regulation 18: Control systems

The control system must be safe and its operation must not cause

risks to health and safety. The action of the control system must be

assessed in all modes of use, taking into account the demand rate on

the work equipment and making allowances for failures and faults that

could affect health or safety. This is where the safety-related parts of

the control system must be assessed and the application of the

relevant specifications applied. As stated in Regulations 15 and 16,

stops and emergency stops must always take precedence. The most

significant part of this regulation is the requirement that a control

system should fail to a safe condition, or that the possibility of it failing

to danger should be minimised, as far as is reasonably practicable.

Please note that Regulations 14-18 only concern work

equipment that has some form of control system. Some are only 

concerned with equipment that has moving parts (start and stop

requirements).

2.1.19 Regulation 19: Isolation from sources of energy 

It must be possible to isolate the work equipment from all forms of

energy. This isolation must be free from risk and, where practical, a

means to lock off the energy source must be supplied.

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Regulation 19 aims to enable functions such as maintenance, setting

and cleaning to be carried out without risk.

2.1.20 Regulation 20: Stability 

Employers must ensure that work equipment is stable, or can be

made stable, before it is used. As far as machinery is concerned, this

regulation requires equipment that is used in a fixed position to be

firmly bolted down in order to prevent movement during use.

2.1.21 Regulation 21: Lighting

Suitable additional lighting shall be supplied if ambient lighting is not

sufficient or would cast shadows, causing risks to health and safety.

This extra lighting can be fitted to the machine as an integral part

(local lighting) or can be achieved by improving the external

arrangements. If extra lighting is only required under certain

conditions (e.g. maintenance or setting), this must be of a standard

suitable for the required task (e.g. low voltage hand lamp with clip

fixing).

2.1.22 Regulation 22: Maintenance operations

This is an extension to Regulation 5, which states that maintenance is

an essential part of health and safety strategy. This regulation states

that it must be possible to carry out maintenance work safely, without

exposing people to risks and, where possible, with the equipment

isolated from any energy source (as per Regulation 19). If work

needs to be carried out where such risks cannot be eliminated,

appropriate measures shall be taken. These can include temporary

guards, special tools, jigs or fittings, for example. Further information

can be found in EN 60204-1, in the section entitled “Suspension of

Safeguards”.

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2.1.23 Regulation 23: Markings

Any markings on work equipment that are appropriate to health and

safety must be clear. Controls must be unambiguous and, if relevant,

maximum speeds and directions must be indicated together with

information on safe working loads and pressures. This requirement

also covers individual machine identification for the employer’s own

purposes (e.g. for maintenance and, most importantly, for isolation).

2.1.24 Regulation 24: Warnings

Warning notices shall be fitted to all work equipment that presents a

risk to health and safety. When all the risks from the use of work

equipment have been addressed as per the regulations (as far as is

reasonably practicable), any residual risk must carry sufficient visual

or audible warnings to enable it to be used safely, i.e.:

“WARN AND INFORM”.

It is important to note that this is the final and not the first step

towards meeting the requirements of PUWER.

2.1.25 Regulation 25: Employees carried on mobile work

equipment

No employee can be carried by mobile work equipment unless it is

suitable for that purpose and incorporates features to reduce any risk

to their safety.

2.1.26 Regulation 26: Rolling over of mobile work equipment

The risk to an employee riding on mobile equipment must be

minimized as far as is reasonably practicable, and as long as it does

not increase the overall risk. Stabilising equipment can be used, a

protection device (guard) can be fitted, or, where there is the risk of

crushing due to rollover, a restraint may be fitted. This regulation

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does not apply to mobile work equipment supplied before 5

December 1998 or to fork-lift trucks already fitted with protection

devices as described.

2.1.27 Regulation 27: Overturning of fork-lift trucks

Risks from fork-lift trucks overturning must be minimised as far as is

reasonably practicable, with reference to Regulation 26.

2.1.28 Regulation 28: Self-propelled work equipment

Self-propelled equipment must be safe while in motion. Items for

consideration include the driver’s field of vision, security, lighting, on-

board emergency controls and brakes.

2.1.29 Regulation 29: Remote-controlled self-propelled work

equipment

Remote controlled equipment must stop as soon as it leaves its

control range and must incorporate features to guard against the risk

of crush or impact.

2.1.30 Regulation 30: Drive shafts

Drive shafts must be guarded where possible. If this is not possible,

other measures must be used to ensure the safety of employees.

Exposed transmission shafts that can become soiled or damaged

when uncoupled must include a guarding system.

2.1.31 Regulation 31: Power presses to which Part 4 does

not apply 

Regulations 32 to 35 do not apply to:

Power presses that are used for working hot metal or

compacting metal powders

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Power presses incapable of a stroke greater than

6 mm

Guillotines

Combination machines for punching, sheering or cropping

Machines for bending steel sections (other than press

brakes)

Machines for straightening, upsetting, heading, riveting,

eyeletting, wire stiching or stapling

Machines for attaching press-studs or bottom stops on zip

fasteners.

2.1.32 Regulation 32: Thorough examination of power presses,

guards and protection devices

Power presses shall not be put into service for the first time after

installation, or after assembly at a new site, until they have beenthoroughly examined to ensure they are installed and assembled

correctly and are safe to operate. All guards (fixed, movable,

adjoined to the tool) and protection devices (such as light curtains,

pressure mats, bump strips) must be examined and any defect

corrected.

To ensure health and safety conditions are maintained and that any

fault or deterioration is detected and remedied in good time, eachpower press (including its guards and protection devices) must be

thoroughly examined:

 At least every 12 months for presses with fixed

guards only 

 At least every 6 months in other cases, and

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 After any incident that could jeopardise the safety of

the press.

Any defect that is reported must be remedied before the press is put

back into service. Where the press has been examined under the

previous regulations, the next examination must take place before the

date required by these old regulations.

The regulation itself does not define what is included under a

thorough examination, but details can be found in the guidance

document PM 79, available from the HSE.

2.1.33 Regulation 33: Inspection of guards and protection

devices

After setting or adjustment, guards and protection devices must be

inspected and tested before the press is put into service. The powerpress (including its guards and protection devices) must be inspected

and tested at least after every four hours of operation. A certificate

should be provided, containing all the particulars relating to the press

and identifying its guards and protection devices, giving the time and

date of the inspection and stating that every guard and protection

device on the power press is in position and effective.

A competent person, appointed in writing by the employer (or atrainee under the immediate supervision of the competent person), is

required to sign this certificate. A competent person is someone who

has reached the age of eighteen and who has undergone suitable

training and sufficient practical instruction in:

Power press mechanisms, with reference to their function

and their bearing on safety

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All types of safety device (technology, function, testing

methods, fault-finding and installation)

The causes and prevention of accidents, with reference to

power presses

The work of the tool setter, with reference to safe working

methods, lubrication and co-operation with the press

operator

Tool design in relation to safe working methods.

Any potentially dangerous defects uncovered by the inspection must

be reported to the employer.

2.1.34 Regulation 34: Reports

This regulation requires the person making the thorough examination

under Regulation 32 to notify the employer of any defect that could

cause danger to personnel. The report should be made as soon as

possible, and should give a detailed account of the inspection. If the

person making the report believes a power press (or its guards or

protection device) is defective, he or she is required to send a copy of

the report to the enforcing authority for the premises in which the

press is situated. This regulation also requires the person making an

inspection under Regulation 33 to notify the employer of any defect in

a guard or protection device that could cause danger to personnel,

and to state the grounds on which this belief is based.

2.1.35 Regulation 35: Keeping of information

All information in the form of reports under Regulation 32 must be

kept available for inspection for 2 years. The certificates produced

under Regulation 33 must be kept available for inspection at or near

the power press to which it relates until superseded, and after that

until 6 months have passed since it was signed.

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2.1.36 Regulation 36: Exemption for the armed forces

In the interests of national security, the Secretary of State for Defence

may issue a certificate to exempt the armed forces from the

requirements or prohibitions imposed by these regulations. Such an

exemption may be revoked (in writing) at any time.

2.1.37 Regulation 37: Transitional provision

Equipment supplied for use before 5 December 1998 does not need

to meet the requirements of Regulations 25 to 30 (Mobile Work

Equipment) until 5 December 2002.

2.1.38 Regulations 38 and 39: Repeals and revocations

The 1998 PUWER Regulations replace the PUWER Regulations from

1992, which had replaced much of the existing UK legislation,

particularly in relation to machine guarding. PUWER 98 now

encompasses the power press regulations, mobile equipment and the

need for work equipment to be inspected. However, the new

requirements are very similar to the regulations that have been

repealed or revoked. Regulations 37 and 38, together with Schedule

4, provide details of all the repeals and revocations. For full details it

is advisable to read the Approved Code of Practice and Guidance,

published by the HSE.

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2.2 Summary 

When looking at the requirements of the regulations it is important to

bear in mind the changing nature of the workplace and, indeed, the

workforce:

Workforce is now mobile

Workforce may be casual, rather than permanentOperations may be rotated

Is work equipment adequately maintained?

 Are new maintenance regimes, though diligent, less

thorough than before, and has the regularity factor

been removed?

These are important questions to bear in mind when considering how

best to meet the requirements of PUWER.

Schedule 3 of the regulations lists the type of information required in a

report on a thorough examination of a power press, guard or protection

device. This is as follows:

Name and address of the employer for whom the

examination was made

Description of each item examined, i.e. power press, guard

type or protection device; where known, the make, type

and year of manufacture, and any identifying marks of the

manufacturer/employer

In the case of a first thorough examination of a press after

installation or relocation, statements to confirm:

- that the examination was thorough

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- that the press has been correctly installed and is safe to

- operate or

- that the press has not been installed correctly and is not

safe to operate, with a description of any part found to be

defective

Where it is not the first examination, statements to confirm:

- that the examination was thorough

- that the press is safe or unsafe to operate, with anydefects identified

In the case of guards or protection devices, a statement as

to whether or not they are effective for their purpose, with

any defects identified

A list of any repairs or alterations that must be made to

remedy any defect

Observations on any defect that could become a danger

and details of any repairs required in order to remedy it; the

date of this observation must be reported to the employer

Any other observations which require remedy

An inspection of any recommended repair or alteration

Information on the person making this report, i.e. self

employed or employed, name and address of employer

Date of the examination

Date of the report

Name and signature of the person making the report and,

where different, the name and signature of the person

authenticating the report.

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Information that should be included on the inspection report for work

equipment is as follows:

Company name and address

Name of equipment inspected

Manufacturer

Serial number

Company identifierLocation

Type of inspection, e.g. first, after relocation, after

exceptional circumstance, periodic

Inspection details may contain:

- A risk assessment (e.g. any change to previous

- assessment due to location, risk reduction techniques or

- other circumstances)- Any observed deterioration

- Maintenance of equipment

- General condition

- Operational conditions

- Ancillary equipment associated with the safe operation of

- the equipment

- Any other circumstances that could result in a dangerous

- situation

A statement on whether or not the equipment is safe to use

In the case of the equipment having a defect or an

identifiable risk that could jeopardise its safe use, a list of

repairs or alterations to be made to remedy the defect

Date of inspection

Name and business address of person or persons carrying

out the inspection

Date for re-inspection.

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