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Anything to do with Health and Safety is usually greeted with a sigh. However it is part of our businesses life and there is nothing that will take it away. Whether your part of a Multi- Million pound conglomerate of an ordinary working class person who employees a cleaner for a few hours a week Health and Safety regulations still apply to you. Yes some things will not apply to sole traders , such as the need for a fire alarm system . However, The two which affect electricity and electrical equipment WILL apply to every business owner and self-employed person. Failure to comply with the Electricity at Work Regulations 1989 and the Provision and Use of Work Equipment Regulations 1998 could see you being prosecuted under Section 2 of the Health and Safety at Work Act 1974. Key points of the Act revolve around the "duty of care" an employer has for his/her employees, Contactors and others i.e. visitors. This "duty" is outlined in sections 2,3 & 4 of the Act. "Every employer shall make a suitable and sufficient assessment of: a) The risks to the health and safety of his employers to which they are exposed whilst they are at work, and b) The risk to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of the undertaking". (Regulation 3(1)) If most likely that any prosecution would be made using this section. Put simply the Electricity at Work Regulations and the Provision and Use of Work Equipment Regulations require that all equipment is suitable for use and adequately maintained so as to prevent Injury. There is NO requirement to have the items tested but by regularly inspecting and testing the equipment the records you hold should be sufficient to show that you have complied as far as is reasonably practicable.
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