Is PAT testing a legal requirement is a question we often get asked by our clients. There is a very simple answer to this and it is NO, PAT testing is not a legal requirement. However and it is a big however, PAT testing has become an industry standard which provides an easy, straight forward way of adhering to legal government requirements, of which we have detailed below.
PAT testing, portable appliance testing, is the term used to describe the examination of electrical appliances and equipment to ensure they are safe to use and safe within the environment they are being used.
As we have said, in response to the question ‘Is PAT testing a legal requirement?’ there is currently no strict legal requirement for PAT testing. It is, however, worth pointing out that In the UK portable appliances account for 25% of all portable electrical accidents and over a quarter of all fires in the workplace are caused by faulty or incorrect use of electrics. In response to this the Government has put regulations into place that pertain to the maintenance of electrical appliances and the most effective way to ensure that these regulations are met.
One regulation which is often quoted is ‘The Electricity at Work Regulations 1989’ which requires that any electrical equipment that has the potential to cause injury is maintained in a safe condition.
Other regulations are;
- Health and Safety at Work Act of 1974
- The Provision and Use of Work Equipment Regulations of 1998
- The Management of Health and Safety at Work Regulations of 1999
Not complying with any of the above 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 addition to unlimited financial penalties.
The UK Health and Safety Executive along with insurance companies will expect you to perform PAT testing, of some form, to ensure that you are compliant with these regulations, in fact many insurance companies, rental agencies, festivals, exhibition centers, to name a few, will insist on PAT testing as part of your annual maintenance.
Is PAT testing a legal requirement? So as we have detailed, it is not and 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. This is a misconception and we always explain this to our clients, detailing the laws in place and the reasons that make PAT testing a critical part of your company’s health and safety and how it should be considered part of the overall solution to your safety concerns and requirements.
Please remember; PAT testing provides the most effective way to identify defects that can come with use. Faults in electrical equipment pose a very real potential hazard, particularly if they are not repaired and maintained regularly. So even though PAT testing is not a legal requirement, it should be, the consequences of electrical faults can be fatal.
