The Provision and Use of Work Equipment (PUWER) Policy DOCUMENT CONTROL Version: 4 Ratified by: Estates Sub-Committee Date Ratified: 12 December 2016 Name of originator / author: Health and Safety Lead Name of responsible Estates Sub-Committee committee/individual: Date Issued: 27 January 2017 Review Date: December 2019 Target Audience: The policy covers all employees, volunteers and service users where they use equipment for therapy or rehabilitation
SECTION CONTENTS 1. INTRODUCTION 3 2. PURPOSE 3 3. SCOPE 3 4. RESPONSIBILITIES, ACCOUNTABILITIES AND DUTIES 4 PAGE 4.1 The Chief Executive 4 4.2 Directors / Senior Managers 4 4.3 Health and Safety Lead 4 4.4 Staff who use work equipment 4 4.5 Staff who maintain work equipment 4 5. PROCEDURE/IMPLEMENTATION 5 5.1 Equipment risk assessment and suitability 5 5.2 Maintenance of equipment, log books, record keeping 5 5.3 Special inherent equipment risks 5 5.4 Provision of information 6 5.5 General information on the acquisition of any work equipment 5.6 Reporting faults, design flaws 7 6. TRAINING IMPLICATIONS 7 7. MONITORING ARRANGEMENTS 7 8. EQUALITY IMPACT ASSESSMENT SCREENING 7 8.1 Privacy, Dignity and Respect 7 8.2 Mental Capacity Act 8 9. LINKS TO OTHER PROCEDURAL DOCUMENTS 8 10. REFERENCES 8 11. APPENDICES (none) 8 6 Page 2 of 8
1. INTRODUCTION The objective of the Provision and Use of Workplace Equipment Regulations (PUWER) 1998 as amended by the Health and Safety (Miscellaneous Amendment) Regulations 2002 and its associated Approved Code of Practice (ACOP) is to reduce risks to health and safety from work equipment. Work equipment has a very wide definition and covers all equipment used for work purposes, and ranges from hand tools e.g. hammers, chisels and screwdrivers to the most complex items of mechanised and/or powered machinery. The use of work equipment has an extremely wide scope and extends beyond activities which involves operating work equipment and also includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning of work equipment. PUWER requires that work equipment provided for use at work is: Suitable for its intended use Safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate Used only by staff who have received adequate information, instruction and training Where appropriate, accompanied by suitable and sufficient health and safety measures, such as protective devices and controls. These may include emergency stop devices, adequate means of isolation from sources of energy, clearly visible signage and markings and warning devices Used in accordance with other specific regulations and requirements, such as mobile work equipment and power presses 2. PURPOSE The purpose of this policy is to ensure that work equipment is provided, maintained and used safely in accordance with PUWER and any other applicable regulations and Codes of Practice in order to minimise the risk to health and safety to staff, patients, service users, visitors and others. 3. SCOPE This policy applies to all staff employed by the Trust, to volunteers and to others in the Trust who use work equipment, irrespective of whether premises are managed, owned or leased by the Trust or owned by third parties. The PUWER regulations also apply any Trust employees who bring work equipment from home or other areas for use at the Trust. In this case the employee has a duty to inform the Trust that they are using the equipment at work and the Trust has a duty to make sure the work equipment in question complies with the Regulations. Page 3 of 8
Some work equipment is subject to other health and safety legislation in addition to the PUWER, for example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations (LOLER), pressure equipment must meet the requirements of the Pressure Systems Safety Regulations (PSSR) and personal protective equipment must meet the requirements of the Personal Protective Equipment Regulations (PPE). Therefore, some of the precautions associated with these other policies overlap with this policy. Equipment which is classified as a medical device is excluded from this policy and reference should be made to the Medical Devices Policy. 4. RESPONSIBILITIES, ACCOUNTABILITIES AND DUTIES 4.1 The Chief Executive The Chief Executive is responsible for implementing this policy throughout the Trust. The Chief Executive in turn delegates this responsibility to the Directors/Senior Managers of the Trust. 4.2 Directors and Senior Managers Directors and Senior Managers are responsible for ensuring that this policy is complied with and that any other managers and staff who are involved in obtaining using or maintaining work equipment are made aware of the requirements of the policy, in particular the duties set out in section 5 of this policy. 4.3 Health and Safety Lead In relation to PUWER, the Health and Safety Lead will; Act as the focus for advice and guidance Develop policy for the Trust Follow up any related incidents and make appropriate recommendations. Ensure that any PUWER related issues arising from health and safety audits and inspections are highlighted to the relevant manager 4.4 Staff who use work equipment Staff who use work equipment have a responsibility to use it in a manner prescribed by the manufacturer/ or instructions which have been provided by a competent trainer. It is the responsibility of staff that use work equipment or provide assistance with equipment for patients to report any defects or malfunctions without delay. Any equipment that is considered unserviceable and that may put staff or others at risk should be taken out of use immediately. 4.5 Staff who maintain work equipment Staff who maintain work equipment have a responsibility to follow Page 4 of 8
manufacturers maintenance procedures and to keep a suitable record of tests and any re-calibration. 5. PROCEDURE / IMPLEMENTATION 5.1 Equipment risk assessment and suitability Managers who are responsible for obtaining work equipment shall consult with staff that will be required to use the equipment. A risk assessment should be carried out to determine the suitability of equipment. To obtain expert advice, consultation with other officers may be required such as the Trust Health and Safety Lead, Medical Director, Back Care Adviser and Fire Safety Adviser. Consultation in this manner should ensure that suitable equipment is purchased. 5.2 Maintenance of equipment, log books, record keeping Managers responsible for work equipment must ensure that the equipment is maintained in good condition and in efficient working order and repair. Managers should assess the maintenance requirements in terms of revenue costs taking into account service/maintenance agreements and/or training for in-house maintenance. Such costs should be included in annual budgeting preparations through the life of the work equipment. It is essential that where work equipment has been provided with a log book that entries at appropriate intervals are recorded. In this respect managers should ensure that work equipment is uniquely identified and that this identification is specifically quoted during the recording of maintenance. It is not sufficient to have maintenance schemes which have general descriptions and intent. The Trust has workshop facilities which contain equipment that has machine guards, interlocks, trip switches and emergency stops. These require regular periodic tests, adjustments and repair. Managers of these areas must determine who holds the responsibility for maintaining the equipment. Where work equipment is exposed to deteriorating conditions liable to result in dangerous situations it must be inspected to ensure that defects are identified in good time to minimise the risks to Health and Safety. 5.3 Special inherent work equipment risks Some work equipment will have a specific risk associated with it and managers must ensure that use of such work equipment is restricted to those individuals who have been trained in the use of the equipment. This includes but is not limited to: Chain saws, powered grass cutters, rotavators, lathes, gas and electric welding equipment, drills, milling machines, grinders, woodworking machinery Tugs, trailers, forklift trucks, tractors and equipment Specialist access equipment etc. Page 5 of 8
Lifting Equipment Repairs, modifications, maintenance and servicing of such equipment will also require restrictions on those persons specifically designated and trained to perform such operations. In many cases this will be outside specialist agencies as opposed to Trust employees in order that appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down without exposing persons undertaking maintenance operations to risks to their Health and Safety including suitable means of isolating work equipment from all power sources i.e. electric, hydraulic, pneumatic, gravitational energy and ensuring work equipment is stabilised by clamping or otherwise to avoid injury. Effective measures must be taken to prevent access to dangerous parts of work equipment machinery. This will normally be by fixed guarding but where routine access is needed interlocking guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible such as with the blade of a circular saw it must be protected as far possible and a safe system of work used. Measures must also be place to prevent or control the risks to persons from parts and substances falling or being ejected from work equipment or the rupture or disintegration of work equipment. It must also be ensured that the risks from very hot or cold temperatures from work equipment or the material being processed are used in the correct manner to reduce the risk the risk to health and safety. 5.4 Provision of information Managers must ensure that all persons who use any work equipment are provided with suitable and sufficient health and safety information including where appropriate written instructions to use of the equipment. Managers also need to take into account supervision of any person using work equipment and ensure that they are provided with suitable and sufficient information which should include also any foreseeable abnormal situations which may occur. The information should be comprehensible to all including appropriate languages. 5.5 General information on the acquisition of any work equipment The Trust will ensure that work equipment complies with the requirements of PUWER. Work equipment can be purchased new, purchased second-hand, received through donation from other organisations or by other means. Where the work equipment is not of a construction where hazards are obvious and the means to avoid them simple then advice must be sought from specialist officers such as Back Care Adviser, Health and Safety Lead and Fire Safety Advisor. In this way the requirements of the Regulations can be considered and addressed prior to the equipment being used. Managers should ensure that the equipment to be used complies with any enactment which implements Page 6 of 8
in the UK any of the EU Community Directives. Where appropriate managers should ensure that the equipment bears a CE mark and if necessary request a copy of the EC Declaration of Conformity. 5.6 Reporting faults and design flaws In the cases of equipment being found to have an inherent or design fault managers should complete a notice to inform the Department of Health through the Central Alerting System - CAS (Reference to be made to the Trust CAS Policy). 6. TRAINING IMPLICATIONS Managers will ensure that training is given to all persons who are involved with or use work equipment. The training needs to include any specific health and safety risks which may arise during use, adjustments or servicing. In cases where training is a simple demonstration, managers must obtain a dated certificate for all staff attending from the supplier/manufacturer. If the demonstration is given by in-house staff it should be formally recorded. 7. MONITORING ARRANGEMENTS Area for monitoring Maintenance of Equipment, log Books & Record Keeping How Who by Frequency Reported to Audit of records Check that audit has taken place Manager And Health and safety inspection team Audit of records Health and Safety Forum 8. EQUALITY IMPACT ASSESSMENT SCREENING - The completed Equality Impact Assessment for this Policy has been published on this policy s Trust web page. 8.1 Privacy, Dignity and Respect The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi s review of the NHS, identifies the need to organise care around the individual, not just clinically but in terms of dignity and respect. As a consequence the Trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided). Indicate how this will be met There are no additional requirements in relation to privacy, dignity and respect Page 7 of 8
8.2 Mental Capacity Act Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals capacity to participate in the decision making process. Consequently, no intervention should be carried out without either the individuals informed consent, or the powers included in a legal framework, or by order of the Court Therefore, the Trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act. For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act 2005 to ensure that the interests of an individual whose capacity is in question can continue to make as many decisions for themselves as possible. Indicate How This Will Be Achieved. All individuals involved in the implementation of this policy should do so in accordance with the Guiding Principles of the Mental Capacity Act 2005. (Section 1) 9. LINKS TO OTHER PROCEDURAL DOCUMENTS This policy should be read and implemented in association with the following Trust policies: Central Alerting System Policy Personal Protective Equipment Policy Hoist and sling Policy 10. REFERENCES EC Use of Work Equipment Directive 89/655/EEC - 2009 The Provision and Safe Use of Work Equipment Regulations - 1998 Safe Use of Lifting Equipment and Lifting Operations Regulations - 1998 The Management of Health and Safety at Work Regulations - 1999 The Personal Protective Equipment at Work Regulations - 1992 11. APPENDICES None Page 8 of 8