What The Law Says
Under the Safety, Health and Welfare at Work(General Application) Regulation’s S.I NO.299 of 2007 it is now a requirement under Irish law that all businesses’ are obliged to carry out PAT Testing on all portable appliances to ensure the safety and welfare of both employees and customers. The onus to carry out PAT Testing now falls entirely at the feet of the employer who is 100% responsible.
In order to comply with regulations records must be kept for at least five years for random spot checks carried out by the HSA. Irish Insurers/Underwriters are now requesting proof that all portable appliances comply with the legislation prior to the renewal of existing or commencement of new policies. From 1st November 2007, Safety, Health and Welfare at Work(General Application)Regulation’s S.I NO.299 of 2007.
All employers must: General Application Regulations S.I. 299 Portable equipment.81.
(1) An employer shall ensure that—
(b) portable equipment is maintained in a manner fit for safe use, and
(c) portable equipment which is—
(i) exposed to conditions causing deterioration liable to result in danger, and(ii) supplied at a voltage exceeding 125 volts alternating current, is—
(I) visually checked by the user before use, and
(II) periodically inspected by a competent person, appropriate to the nature, location and use of the equipment.
(2) An employer shall ensure, where appropriate, that a competent person—
(a) tests any portable equipment described in paragraph (1)(c)(i) and (ii), and
(b) certifies whether or not the portable equipment (including any cables and plugs) was, on the day of test, as far as could reasonably be ascertained, safe and without risk to persons coming into direct or indirect contact with any live part of the equipment.
(3) If the certificate of the competent person referred to in paragraph (2) indicates that the portable equipment tested was not, on the day of the test, safe and without risk, as described in that paragraph, the employer shall ensure that the equipment is not used until it is made safe and certified as such in compliance with paragraph (2).
(4) An employer shall ensure that—
(a) portable equipment, other than portable transformers and portable generators,supplied at a voltage exceeding 125 volts alternating current is not used in:
(i) construction work,
(ii) external quarrying activities, or
(iii) damp or confined locations, unless its rating exceeds 2 kilovolt amperes,