Responsibilities Under PUWER
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), responsibility is shared between several duty holders, all of whom play a role in ensuring work equipment is safe, suitable, and properly managed.
The employer has the primary responsibility under PUWER. Employers must ensure that all work equipment provided for use at work is suitable for its intended purpose, properly installed, and maintained in a safe condition. They must ensure that risks are controlled through guarding, safety devices, emergency stops, and safe systems of work, and that inspections are carried out where equipment is exposed to conditions that could cause deterioration.
The self-employed have similar responsibilities when they provide or use work equipment as part of their work. They must ensure their equipment is safe, properly maintained, and suitable for the tasks being carried out, even if they are the sole user.
A person in control of work equipment (such as a site manager, supervisor, or facilities manager) also holds responsibilities. This includes ensuring equipment is only used by authorised and trained people, that defects are identified and reported, and that unsafe equipment is taken out of service until it is made safe.
Employees and operators have duties under PUWER as well. They must use work equipment in accordance with training and instructions, carry out pre-use checks where required, and report faults, damage, or unsafe conditions. They must not misuse equipment or interfere with safety devices.
Finally, maintenance personnel and competent inspectors have responsibilities to carry out inspections, servicing, and repairs correctly and safely. While PUWER places the main legal duty on employers and those in control, safe use of work equipment relies on everyone fulfilling their role.
In summary, PUWER assigns shared responsibility across employers, the self-employed, managers, operators, and maintenance staff to ensure work equipment is safe throughout its lifecycle and risks are properly controlled.