Q: What are the PAT testing legal requirements?

A: There is no legal requirement to PAT test BUT there is a requirement to ensure safety, control risk and maintain equipment.

The relevant legislation is summarised below.

 

The Landlord and Tenant Act 1985, The Housing Act 2004, The Electrical Equipment (Safety) Regulations 1994, and The Plugs and Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987 and under Common Law, puts an obligation on landlords or agents to ensure that all electrical equipment is safe.

The Health and Safety at Work Act  etc. 1974 puts a duty of care on employers (Section 2, 3 & 4 etc.) and employees (Section 7) to ensure the safety of all persons using the work premises. This includes the self-employed. 

The Management of Health and Safety at Work Regulations 1999 requires employers to assess the risks to the health and safety of employees “while they are at work” and persons not in his employment “arising out of or in connection with the conduct by him of his undertaking” (Regulation 3(1))

The Provision and Use of Work Equipment Regulations 1998 state “Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is being used or provided” (Regulation 4(1)) 

Workplace (Health, Safety and Welfare) Regulations 1992 require that “Every employer shall ensure that the workplace equipment, devices and systems are maintained. This includes keeping the equipment, devices and systems in an efficient state, in efficient working order and in good repair. Where appropriate the equipment, devices and systems shall be subject to a suitable system of maintenance”

The Electricity at Work Regulations 1989 require, in Regulation 4(2), that “As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.”

In this context a ‘system’ is the fixed electrical wiring in a premise and all electrical equipment, whether permanently connected or connected by a plug and socket-outlet, in an installation

A cost effective way of meeting this requirement is to set up a preventative maintenance program based on :

The Fixed Installation

Periodic inspection and testing in accordance with IEE Wiring Regulations Seventeenth Edition BS7671:2008 by a suitably qualified competent person.

Electrical Equipment

Regular inspection and, where necessary, testing by suitably qualified competent persons in accordance with IEE Code of Practice for In-service Inspection and Testing of Electrical Equipment 3rd Edition 2007.

The Code of Practice provides guidance on what should be done to comply with the Electricity at Work Regulations:  

• regular visual inspection by users,
• formal visual inspections by competent persons
• combined inspections and tests by competent persons
• performing maintenance or, if necessary, replacing the defective equipment
• keeping up to date records that can be a means of showing compliance.