Is PAT testing a legal requirement?
Is PAT Testing A Legal Requirement?
Currently there is no strict legal requirement for PAT testing. However the Government introduced regulations that pertain to the maintenance of electrical appliances and the most effective way to ensure that these regulations are met is through PAT testing.
The UK Health and Safety Executive (HSE) along with insurance companies will expect you to perform PAT testing to ensure that you are compliant with certain regulations including:
- Health and Safety at Work Act of 1974
- The Electricity at Work Regulations of 1989
- The Provision and Use of Work Equipment Regulations of 1998
- The Management of Health and Safety at Work Regulations of 1999
Not complying with the above mentioned regulations can result in fines up to £5,000 and/or six months imprisonment. Fines have been seen to go as high as £20,000 and offences heard in the Crown Court have carried sentences of more than 2 years imprisonment in additional to unlimited financial penalties. So even though PAT testing itself is not legally required, it simply helps you to protect yourself by ensuring that you are complying with these regulations.
Claims that PAT testing is required by law and that the client is breaking the law by not having it done are simply not true. The law does require however that employers, including self-employed, ensure that all electrical equipment that they provide in their business is safe and properly maintained. This means that PAT testing is a critical part of your company’s health and safety and should be considered part of a solution to your safety concerns.
PAT testing provides the most effective way to identify defects that can come with use. Faults in electrical equipment pose a potential hazard, particularly if they are not repaired readily. Even though PAT testing itself is not required by law, the consequences of electrical faults should be considered carefully.
PAT testing relates only to portable appliances and not the electrical installations they are introduced too. As such having an up to date EICR (Electrical installation condition report) is recomeended, and alos required to meet the above mentioned regulations.