PART IE+W+SINTRODUCTION

Citation and commencementE+W+S

1.  These Regulations may be cited as the Electricity at Work Regulations 1989 and shall come into force on 1st April 1990.

InterpretationE+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

“approved” means approved in writing for the time being by the Health and Safety Executive for the purposes of these Regulations or conforming with a specification approved in writing by the Health and Safety Executive for the purposes of these Regulations;

“circuit conductor” means any conductor in a system which is intended to carry electric current in normal conditions, or to be energised in normal conditions, and includes a combined neutral and earth conductor, but does not include a conductor provided solely to perform a protective function by connection to earth or other reference point;

“conductor” means a conductor of electrical energy;

“danger” means risk of injury;

“electrical equipment” includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy;

F1...

“injury” means death or personal injury from electric shock, electric burn, electrical explosion or arcing, or from fire or explosion initiated by electrical energy, where any such death or injury is associated with the generation, provision, transmission, transformation, rectification, conversion, conduction, distribution, control, storage, measurement or use of electrical energy;

F1...

“system” means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy, and includes such source and such equipment.

(2) Unless the context otherwise requires, any reference in these Regulations to–

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.

Persons on whom duties are imposed by these RegulationsE+W+S

3.—(1) Except where otherwise expressly provided in these Regulations, it shall be the duty of every–

(a)employer and self-employed person to comply with the provisions of these Regulations in so far as they relate to matters which are within his control; and

[F2(b)(i)manager, in relation to a mine within the meaning of the Mines and Quarries Act 1954, and

(ii)operator, in relation to a quarry within the meaning of regulation 3 of the Quarries Regulations 1999, to ensure that all requirements or prohibitions imposed by or under these Regulations are complied with in so far as they relate to the mine of which he is the manager or quarry of which he is the operator and to matters which are within his control.]

(2) It shall be the duty of every employee while at work–

(a)to co-operate with his employer so far as is necessary to enable any duty placed on that employer by the provisions of these Regulations to be complied with; and

(b)to comply with the provisions of these Regulations in so far as they relate to matters which are within his control.

PART IIE+W+SGENERAL

Systems, work activities and protective equipmentE+W+S

4.—(1) All systems shall at all times be of such construction as to prevent, so far as is reasonably practicable, danger.

(2) As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as is reasonably practicable, such danger.

(3) Every work activity, including operation, use and maintenance of a system and work near a system, shall be carried out in such a manner as not to give rise, so far as is reasonably practicable, to danger.

(4) Any equipment provided under these Regulations for the purpose of protecting persons at work on or near electrical equipment shall be suitable for the use for which it is provided, be maintained in a condition suitable for that use, and be properly used.

Strength and capability of electrical equipmentE+W+S

5.  No electrical equipment shall be put into use where its strength and capability may be exceeded in such a way as may give rise to danger.

Adverse or hazardous environmentsE+W+S

6.  Electrical equipment which may reasonably foreseeably be exposed to–

(a)mechanical damage;

(b)the effects of the weather, natural hazards, temperature or pressure;

(c)the effects of wet, dirty, dusty or corrosive conditions; or

(d)any flammable or explosive substance, including dusts, vapours or gases,

shall be of such construction or as necessary protected as to prevent, so far as is reasonably practicable, danger arising from such exposure.

Insulation, protection and placing of conductorsE+W+S

7.  All conductors in a system which may give rise to danger shall either–

(a)be suitably covered with insulating material and as necessary protected so as to prevent, so far as is reasonably practicable, danger; or

(b)have such precautions taken in respect of them (including, where appropriate, their being suitably placed) as will prevent, so far as is reasonably practicable, danger.

Earthing or other suitable precautionsE+W+S

8.  Precautions shall be taken, either by earthing or by other suitable means, to prevent danger arising when any conductor (other than a circuit conductor) which may reasonably foreseeably become charged as a result of either the use of a system, or a fault in a system, becomes so charged; and, for the purposes of ensuring compliance with this regulation, a conductor shall be regarded as earthed when it is connected to the general mass of earth by conductors of sufficient strength and current-carrying capability to discharge electrical energy to earth.

Integrity of referenced conductorsE+W+S

9.  If a circuit conductor is connected to earth or to any other reference point, nothing which might reasonably be expected to give rise to danger by breaking the electrical continuity or introducing high impedance shall be placed in that conductor unless suitable precautions are taken to prevent that danger.

ConnectionsE+W+S

10.  Where necessary to prevent danger, every joint and connection in a system shall be mechanically and electrically suitable for use.

Means for protecting from excess of currentE+W+S

11.  Efficient means, suitably located, shall be provided for protecting from excess of current every part of a system as may be necessary to prevent danger.

Means for cutting off the supply and for isolationE+W+S

12.—(1) Subject to paragraph (3), where necessary to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) shall be available for–

(a)cutting off the supply of electrical energy to any electrical equipment; and

(b)the isolation of any electrical equipment.

(2) In paragraph (1), “isolation” means the disconnection and separation of the electrical equipment from every source of electrical energy in such a way that this disconnection and separation is secure.

(3) Paragraph (1) shall not apply to electrical equipment which is itself a source of electrical energy but, in such a case as is necessary, precautions shall be taken to prevent, so far as is reasonably practicable, danger.

Precautions for work on equipment made deadE+W+S

13.  Adequate precautions shall be taken to prevent electrical equipment, which has been made dead in order to prevent danger while work is carried out on or near that equipment, from becoming electrically charged during that work if danger may thereby arise.

Work on or near live conductorsE+W+S

14.  No person shall be engaged in any work activity on or so near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless–

(a)it is unreasonable in all the circumstances for it to be dead; and

(b)it is reasonable in all the circumstances for him to be at work on or near it while it is live; and

(c)suitable precautions (including where necessary the provision of suitable protective equipment) are taken to prevent injury.

Working space, access and lightingE+W+S

15.  For the purposes of enabling injury to be prevented, adequate working space, adequate means of access, and adequate lighting shall be provided at all electrical equipment on which or near which work is being done in circumstances which may give rise to danger.

Persons to be competent to prevent danger and injuryE+W+S

16.  No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger or, where appropriate, injury, unless he possesses such knowledge or experience, or is under such degree of supervision as may be appropriate having regard to the nature of the work.

PART IIIE+W+SREGULATIONS APPLYING TO MINES ONLY

Provisions applying to mines onlyE+W+S

F317.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introduction of electrical equipmentE+W+S

F318.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of equipment in certain zones below groundE+W+S

F319.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cutting off electricity or making safe where firedamp is found either below ground or at the surfaceE+W+S

F320.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approval of certain equipment for use in safety-lamp minesE+W+S

F321.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Means of cutting off electricity to circuits below groundE+W+S

F322.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Oil-filled equipmentE+W+S

F323.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records and informationE+W+S

F324.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electric shock noticesE+W+S

F325.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Introduction of battery-powered locomotives and vehicles into safety-lamp minesE+W+S

F326.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Storage, charging and transfer of electrical storage batteriesE+W+S

F327.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disapplication of section 157 of the Mines and Quarries Act 1954E+W+S

F328.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IVE+W+SMISCELLANEOUS AND GENERAL

DefenceE+W+S

29.  In any proceedings for an offence consisting of a contravention of regulations 4(4), 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 or 25, it shall be a defence for any person to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of that offence.

Exemption certificatesE+W+S

30.—(1) Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt–

(a)any person;

(b)any premises;

(c)any electrical equipment;

(d)any electrical system;

(e)any electrical process;

(f)any activity,

or any class of the above, from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.

(2) The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–

(a)the conditions, if any, which it proposes to attach to the exemption; and

(b)any other requirements imposed by or under any enactment which apply to the case,

it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.

[F4ApplicationE+W+S

31.  These Regulations shall apply—

(a)in Great Britain; and

(b)outside Great Britain as sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the provisions of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995.]

Disapplication of dutiesE+W+S

32.  The duties imposed by these Regulations shall not extend to–

(a)the master or crew of a sea-going ship or to the employer of such persons, in relation to the normal ship-board activities of a ship’s crew under the direction of the master; or

(b)any person, in relation to any aircraft or hovercraft which is moving under its own power.

Revocations and modificationsE+W+S

33.—(1) The instruments specified in column 1 of Part I of Schedule 2 are revoked to the extent specified in the corresponding entry in column 3 of that Part.

(2) The enactments and instruments specified in Part II of Schedule 2 shall be modified to the extent specified in that Part.

(3) In the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969(2) and the Mines Management Act 1971(3), and in regulations made under any of those Acts, or in health and safety regulations, any reference to any of those Acts shall be treated as including a reference to these Regulations.

Regulation 17

F5SCHEDULE 1E+W+SPROVISIONS APPLYING TO MINES ONLY AND HAVING EFFECT IN PARTICULAR IN RELATION TO THE USE BELOW GROUND IN COAL MINES OF FILM LIGHTING CIRCUITS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 33

SCHEDULE 2E+W+SREVOCATIONS AND MODIFICATIONS

PART IE+W+Srevocations

PART IIE+W+Smodifications

1.  The Mines and Quarries Act 1954 shall be modified as follows–E+W+S

(a)in section 64(2) (which relates to safety-lamps) after the word “one” insert “conforming with the provisions of regulation 19(2)(a) to (d) of the Electricity at Work Regulations 1989 or”;

(b)in section 182(1) (which defines “permitted lights”) the words “or health and safety regulations” shall be substituted for the words “or Regulations 18 and 18A of the Coal and Other Mines (Safety-Lamps and Lighting) Regulations 1956 as substituted and inserted respectively by the Coal and Other Mines (Safety-Lamps and Lighting) (Amendment) Regulations 1983”.

2.  Regulation 4 of the Coal and Other Mines (Fire and Rescue) Regulations 1956(4) (which relates to the provision of dust or sand in relation to electric motors) shall be modified by substituting the words “which is not electrical apparatus that is designed to be moved while working” for the words “which is not portable apparatus for the purposes of the Coal and Other Mines (Electricity) Regulations 1956”.E+W+S

3.  The Shipbuilding and Ship-repairing Regulations 1960(5) shall be modified as follows–E+W+S

(a)in regulation 51(3)(c) (which requires the provision of lamps and torches in confined spaces in vessels) the words “of an appropriate type” shall be substituted for the words “of a safety type approved for the purpose of this Regulation”;

(b)in paragraphs (1) and (3) of regulation 59 (which impose restrictions with respect to the application etc. of naked lights, fires, lamps and heated rivets in oil-carrying vessels), the words “a lamp of an appropriate type” shall be substituted for the words “a safety lamp of a type approved for the purpose of this Regulation” where they respectively appear.

4.  Section 1(4) of the Mines Management Act 1971 (which relates to exceptions from statutory responsibilities that may be placed on managers' assistants) shall be modified by the substitution of the following paragraphs for paragraph (d)–E+W+S

“(d)responsibility for making rules under regulation 19(2)(g) of the Electricity at Work Regulations 1989; and

(e)such other responsibilities as may be prescribed.”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations impose health and safety requirements with respect to electricity at work.

The Regulations impose duties upon employers, self-employed persons, managers of mines and quarries and employees (regulation 3). The duties imposed by the Regulations do not, however, extend to the master or crew of a sea-going ship or to their employer in relation to the normal ship-board activities of a ship’s crew under the direction of the master (regulation 32(a)); nor do those duties extend to any person in relation to any aircraft or hovercraft which is moving under its own power (regulation 32(b)).

The Regulations–

(a)impose requirements with regard to the construction and maintenance of electrical systems (regulation 4(1) and(2));

(b)impose requirements with regard to the carrying out of work activities (including the operation, use and maintenance of electrical systems and work near electrical systems) (regulation 4(3));

(c)impose requirements with regard to the provision of protective equipment (regulation 4(4));

(d)impose requirements with regard to the putting into use of electrical equipment (regulation 5);

(e)impose requirements with regard to the construction and protection of electrical equipment which may reasonably foreseeably be exposed to adverse or hazardous environments (regulation 6);

(f)impose requirements with regard to the insulation and protection of, and the taking of precautions in respect of, conductors (regulation 7);

(g)impose requirements with regard to the taking of precautions to prevent danger in respect of certain conductors (regulation 8);

(h)impose restrictions with regard to the placing of any thing which might give rise to danger in any circuit conductor which is connected to earth or to any other reference point (regulation 9);

(i)impose requirements with regard to the mechanical and electrical suitability for use of joints and connections in electrical systems (regulation 10);

(j)impose requirements with regard to the protection from excess currents of electrical systems (regulation 11);

(k)impose requirements with regard to the availability of suitable means for cutting off the supply of electrical energy to, and the isolation of, electrical equipment which is not itself a source of electrical energy (regulation 12(1)) and (where necessary) the taking of such other precautions as will, so far as reasonably practicable, prevent danger in respect of electrical equipment which is itself a source of electrical energy (regulation 12(3));

(l)impose requirements with regard to the taking of such precautions in respect of electrical equipment which has been made dead in order to prevent danger while work is carried on or near it as will prevent that equipment from becoming electrically charged (regulation 13);

(m)impose restrictions on persons being engaged in work activities on or near certain live conductors (regulation 14);

(n)impose requirements with regard to the provision of adequate working space, adequate lighting and adequate means of access at specified electrical equipment (regulation 15);

(o)impose restrictions with regard to who may be engaged in work activities where technical knowledge or experience is necessary to prevent danger or injury (regulation 16);

(p)impose requirements with regard to the use of film lighting circuits below ground in coal mines (regulation 17(1) andSchedule 1);

(q)impose conditions with regard to the introduction of specified electrical equipment into underground parts of specified safety-lamp mines (regulation 18);

(r)impose requirements with regard to the preparation of plans identifying zones underground in safety-lamp mines where firedamp is likely to occur in quantities sufficient to indicate danger (regulation 19(1)) and specify that only certain electrical equipment may be energised in those zones and deem any lights which may be energised in such zones to be “permitted lights” as defined by section 182(1) of the Mines and Quarries Act 1954 (regulation 19(2)). Among the electrical equipment which may be energised in such zones is that which has been certified in accordance with Council Directive 82/130/EEC (OJ No. L59, 2.3.82, p.10) (which relates to the approximation of the laws of the Member States concerning electrical equipment for use in potentially explosive atmospheres in mines susceptible to firedamp), as adapted to technical progress by Commission Directive 88/35/EEC (OJ No. L64, 10.3.88, p.36);

(s)impose requirements with regard to cutting off the supply of electricity to electrical equipment (or making it safe) when firedamp is found in concentrations exceeding 1.25% by volume in the general body of the air either below ground at, or at specified places on the surface of, mines (regulation 20);

(t)impose restrictions with regard to the taking or use below ground at safety-lamp mines of electric safety-lamps, gas detectors, telephone and signalling equipment and other equipment associated therewith or required for the safety of persons (regulation 21);

(u)impose requirements with regard to the provision and operation of switchgear in respect of electrical equipment which may give rise to danger and which is installed below ground at a mine, but which is supplied from a power source at the surface (regulation 22);

(v)impose a prohibition on the introduction below ground at mines of electrical equipment using oil as a means of cooling, insulation or arc suppression (regulation 23);

(w)impose requirements with regard to the preparation, keeping and display of schematic diagrams and plans of electrical distribution systems and permanently installed electrical equipment at mines (regulation 24);

(x)(in circumstances where, at any place at a mine, electric arc welding is taking place or electrical energy is being generated, transformed or used at a nominal voltage in excess of 125 volts a.c. or 250 volts d.c.) impose requirements with regard to the display of notices giving information on the appropriate first-aid treatment for electric shock and details of what emergency action should be taken in the event of electric shock (regulation 25);

(y)impose restrictions with regard to the introduction below ground at safety-lamp mines of locomotives and vehicles which use electrical storage batteries, either partly or wholly, as a power source (regulation 26);

(z)impose requirements with regard to the use below ground at mines of electrical storage batteries (regulation 27).

The Regulations disapply section 157 of the Mines and Quarries Act 1954 (defence in certain legal proceedings) in relation to any legal proceedings or prosecutions arising out of regulations 18 to 27 and Schedule 1 (regulation 28) and provide a defence in the case of a contravention of certain of the Regulations (regulation 29). The Regulations provide for the issue of certificates of exemption by the Health and Safety Executive (regulation 30). The Regulations also provide that they shall apply outside Great Britain to the extent specified in regulation 31.

The Regulations revoke the instruments specified in Part I of Schedule 2 (regulation 33(1)), modify the enactments and instruments specified in Part II of Schedule 2 (regulation 33(2)) and provide that any reference to the Mines and Quarries Act 1954, the Mines and Quarries (Tips) Act 1969 or the Mines Management Act 1971 in any of those Acts, in regulations made under any of those Acts, or in health and safety regulations, shall be treated as including a reference to these Regulations (regulation 33(3)).