The Safety, Health and Welfare at Work Act 2005 provides for general requirements on employers, however, the new Safety, Health and Welfare at Work (General Application) Regulations 2007 provide specific duties which come into force on the 1st of November 2007.
These regulations apply to ALL workplaces.
Under Part 3 Electricity - Regulation 81 - Portable Equipment:
Regulation 74. Interpretation
“portable equipment” means equipment, including hand-held portable equipment, which—
(a) because of the manner in which it is to be used, requires to be moved while it is
working,
(b) is designed so that it can be moved while it is working, or
(c) is moved from time to time between the periods during which it is working;
Regulation 81 states:
(1) (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......
.....(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).
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