The Electricity at Work Regulations 1989

Made: 7th April 1989

Laid before Parliament: 25th April 1989

Coming into force: 1st April 1990

The Secretary of State, in exercise of the powers conferred on him by sections 15(1), (2), (3)(a) and (b), (4)(a), (5)(b), (6)(b), (8) and (9) and 82(3)(a) of, and paragraphs 1(1)(a) and (c), (2) and (3), 6(2), 9, 11, 12, 14, 15(1), 16 and 21(b) of Schedule 3 to, the Health and Safety at Work etc. Act 1974[^f00001] (“the 1974 Act”), and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:

PART I — INTRODUCTION

Citation and commencement

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

Interpretation

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• (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;

• ...

• “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;

• ...

• “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 Regulations

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• (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

• (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 II — GENERAL

Systems, work activities and protective equipment

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• (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 equipment

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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 environments

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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 conductors

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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 precautions

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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 conductors

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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.

Connections

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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 current

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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 isolation

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• (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 dead

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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 conductors

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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 lighting

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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 injury

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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 III — REGULATIONS APPLYING TO MINES ONLY

Provisions applying to mines only

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Introduction of electrical equipment

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Restriction of equipment in certain zones below ground

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Cutting off electricity or making safe where firedamp is found either below ground or at the surface

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Approval of certain equipment for use in safety-lamp mines

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Means of cutting off electricity to circuits below ground

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Oil-filled equipment

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Records and information

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Electric shock notices

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Introduction of battery-powered locomotives and vehicles into safety-lamp mines

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Storage, charging and transfer of electrical storage batteries

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Disapplication of section 157 of the Mines and Quarries Act 1954

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PART IV — MISCELLANEOUS AND GENERAL

Defence

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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 certificates

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• (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.

Extension outside Great Britain

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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 duties

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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 modifications

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• (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[^f00009] and the Mines Management Act 1971[^f00010], 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.

SCHEDULE 1 — PROVISIONS APPLYING TO MINES ONLY AND HAVING EFFECT IN PARTICULAR IN RELATION TO THE USE BELOW GROUND IN COAL MINES OF FILM LIGHTING CIRCUITS

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3

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SCHEDULE 2 — REVOCATIONS AND MODIFICATIONS

PART I — revocations