A defendable position
August 1st 2006

The position of a Duty Holder is not an enviable one when applied to electrical safety in the workplace. However those charged with such a role can establish a 'defendable position' through the effective management of electrical inspection and testing records and reports. Robert Woodcock of NECTA explains

For a 'Duty Holder' there are three essentials for electrical safety. These are: safe systems of work, safe places of work and safe people at work.

A safe system of work is a laid out and considered method of working which takes proper account of the potential hazards to employees and possibly others in vulnerable situations. It provides a formal framework to ensure that all of the steps necessary for safe working have been anticipated and implemented. The standards that determine a safe place of work are The Electricity at Work Regulations 1989, which is a statutory document, and the IEE 16th Edition Wiring Regulations BS7671:2001, a non statutory document which can be described as 'Best Practice.'

To an electrical 'Duty Holder' the question of inspection and testing is a crucial one. Regulations 4(1) and 4(2) lay down the requirement to ensure that an electrical installation should be designed, installed, constructed and maintained in a safe manner at all times. It advises in its Guidance Notes that 'Records of maintenance, including test results... will enable the condition of the equipment and the effectiveness of maintenance policies to be monitored.'

So it is clear that inspection and testing is the only safe method of satisfying the law as well as providing the defence that the 'Duty Holder' 'took all reasonable steps and exercised all due diligence in order to avoid committing an offence' as stated in Regulation 29.

Anyone carrying out this specialist work must have experience in Periodic Inspection and Testing (existing installations) and be suitably qualified to undertake it. It is the responsibility of the 'Duty Holder' to ensure that they only appoint experienced and qualified people to perform such tasks. To proceed with inspection and testing in a safe manner, Electrical Network Drawings are required so that correct isolations can be undertaken and cables verified. This is a legal requirement. The current edition of BS7671:2001 (Wiring Regulations) requires circuit diagrams and other information (Regulation 514- 09). Guidance Note 3 to the Wiring Regulations Inspection and Testing also indicates that it is a legal requirement to have Network Drawings. Furthermore, Regulation 12 of The Electricity at Work Regulations 1989, which is an absolute regulation, calls for methods of identifying circuits by marking, labelling or numbering.

Essentially there are three types of certification associated with electrical inspection and testing. An Electrical Installation Certificate is used when inspecting and testing a new installation or an alteration or addition to an existing installation where new circuits have been introduced. These certificates indicate the responsibility for design, construction, inspection and testing. A Minor Works Certification is produced when an addition to an electrical installation does not extend to the installation of a new circuit. A Periodic Inspection Report details the installation, supply characteristics and earthing arrangements, observation and recommendations, extent and limitations of testing, a summary of the inspection, test schedules and an inspection schedule. For an electrical 'Duty Holder' these are vital pieces of information. Initially there are the Test Results, which must be genuine and supplemented by a Condition Report which is qualified against the standards, i.e. BS7671:2001 and The Electricity at Work Regulations 1989. In addition there should be a Schedule of Defects, coded 1, 2, 3 & 4 against BS7671 with recommended remedial action as appropriate.

Each recorded observation describes what the defect or omission is, where it is located and qualified by the appropriate BS7671:2001 Regulation number. Reports help the Duty Holder identify remedial action necessary to ensure the installation is safe to remain in service.

Regulation 16 of the Electricity at Work Regulations 1989 states that: "No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger..., unless he possesses such knowledge or experience, or is under a degree of supervision as may be appropriate having regard to the nature of the work."

In other words personnel must be competent to carry out the tasks asked of them. Competence, however, is a cocktail of items which includes knowledge of electricity, experience of electrical work, an understanding of the system being worked on, an understanding of the hazards and precautions and an ability to recognise danger and when it is safe to work. Anything short of these requirements could mean contravening The Electricity at Work Regulations 1989 and lead to potentially serious consequences for the 'Duty Holder.'

So once you have your testing completed and all your records in place, how do you stay in control of the situation? How do you keep track of all the certification, permits to work, reports, personnel records etc?

NECTA offers a web-based system that allows Duty Holders to control all aspects of their company's inspection and testing records, distribution board schedules and electrical drawings. Simple to operate, it can be used to amend and modify electrical records and drawings and provide up-to-date information and statistics. Users can view and search historic information, and a powerful search facility ensures easy access and viewing of documents. The system can be customised and meets all criteria that Duty Holders need to help them in their quest to create a safe working environment and, in turn, satisfy the requirements of the Electricity at Work Regulations 1989.