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(Steven Felgate) #1
Health and safety 397

The Provision and Use of Work Equipment Regulations 1998


These Regulations require every employer to ensure that work equipment is so constructed
or adapted as to be suitable for the purpose for which it is used or provided. They also
impose duties to maintain and inspect equipment. Where the use of equipment is likely
to provide specific risk, every employer must ensure that the equipment is used only by
people who are meant to use it. ‘Work equipment’ is interpreted broadly. In Spencer-
Franks vKellogg Brown and Root Ltd (2008)the House of Lords held that a device which
ensured that a control room door on an oil rig stayed closed was ‘work equipment’ within
the regulations. So a mechanic who was injured while repairing the device could claim
under the regulations.
Employees must be given information instructions and training on how to use equip-
ment. If there are any special hazards, such as a high or very low temperature, the employer
must take measures to ensure that a person using work equipment is not unnecessarily
exposed to the hazard. Where appropriate, all work equipment must be provided with
emergency stop controls. The employer must ensure suitable lighting and provide suitable
warnings.


The Personal Protective Equipment at Work Regulations 1992


These Regulations require every employer to ensure that suitable personal protective equip-
ment is provided to employees who may be exposed to a risk to their health or safety while
at work. The employer must carry out an assessment to ensure that the personal protective
equipment he intends to supply is suitable. The protective equipment must be adequately
maintained and replaced if necessary. There must be accommodation in which the equip-
ment can be stored. Employees must be given information, instruction and training on the
use of the equipment and employers must ensure that it is properly used. If an employee
finds any defect in the equipment he has a duty to report it immediately.


The Health and Safety (Display Screen Equipment) Regulations 1992


These Regulations require every employer to perform a suitable and sufficient analysis of
workstations which comprise display screen equipment. The activities of workers using
such workstations must be periodically interrupted by breaks or changes of activity to
reduce their workload at the equipment. Employees using data screen equipment can
demand eye and eyesight tests to be carried out by appropriate persons. The employer
must ensure that employees using display screen equipment are provided with adequate
training and information.


The Manual Handling Operations Regulations 1992


These Regulations require every employer to avoid, so far as is reasonably practicable,
the need for employees to undertake any manual handling operations at work if these
involve a risk of their being injured. If it is not reasonably practicable to avoid the need for
employees to undertake manual handling operations, the employer must make a suitable
and sufficient assessment of such operations. He must also take appropriate steps to reduce
the risk of injury and, so far as is reasonably practicable, give precise information on the
weight of each load and how this weight is distributed. Employees have a duty to make full
and proper use of any system of work provided.


Building Regulations


The Building Act 1984, and Regulations made under the Act, impose requirements for
building design and construction. These requirements try to make sure that people in and

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