UK Statutory Instrument 1998 United Kingdom

Provision and Use of Work Equipment Regulations 1998

What this means for your business

30 obligations
25 penalties
25 can imprison
11 guides
Enforced by
HSE
Applies to
United Kingdom
On this page
30 compliance obligations, 11 practical guides across 3 topics
Read full text on legislation.gov.uk

What you must do

30 compliance obligations under this legislation — 25 can result in imprisonment.

Equipment and safety 14

Adapt forklift to minimise overturning risk

2 years imprisonment

If you use a forklift that carries a worker, you must make sure the vehicle is fitted or modified to lower the chance it will tip over. The equipment should be adapted as far as is reasonably practicable to protect the employee’s safety.

Employer s.27 HSE when a forklift is carrying an employee

Ensure remote‑controlled equipment stops automatically and has impact guards

2 years imprisonment

If your business uses remote‑controlled, self‑propelled plant (e.g., drones, remotely operated forklifts), you must make sure it will stop on its own as soon as it moves out of the operator’s control range. Where there is a risk of crushing or impact, the plant must have built‑in guards or other safety devices to protect people unless another protective system is already in place.

Employer s.29 HSE When using remote‑controlled self‑propelled work equipment that presents a safety risk while …

Ensure safe operation of self‑propelled work equipment

2 years imprisonment

If your business uses any self‑propelled plant (like forklifts, rail‑mounted machines or other moving equipment), you must make sure it has the right safety features. This means fitting controls to stop unauthorised start, reliable brakes, collision‑avoidance devices, vision aids, night‑time lighting and fire‑fighting equipment where a fire risk exists, and keeping them maintained.

Employer s.28 HSE When using self‑propelled work equipment that could pose a safety risk while …

Ensure work equipment meets essential safety requirements

2 years imprisonment

You must make sure that any piece of work equipment you provide or use complies with the essential health‑ and safety design requirements set out in the relevant EU directives (listed in Schedule 1). This applies to equipment first supplied after 31 December 1992 and the equipment must stay compliant for as long as you use it.

Employer s.10 HSE For any work equipment first supplied or put into service after 31 …

Mark work equipment with visible health‑and‑safety signs

You must make sure any plant, machinery or other work equipment you provide is clearly labelled with the appropriate safety markings. The markings should be easy to see and explain any health‑and‑safety hazards so employees know how to use the equipment safely.

Employer s.23 HSE

Only use mobile equipment that is suitable and fitted with safety features for carrying employees

2 years imprisonment

You must not let any staff ride on mobile work equipment unless the machine is specifically designed to carry people and includes safety features that minimise the risk of injury (for example, wheel or track guards). Before allowing employees to be carried, check the equipment’s specifications, risk assessments and any certification that proves it meets these criteria.

Employer s.25 HSE

Protect drive shafts on mobile work equipment

2 years imprisonment

If you use mobile plant or machinery with drive shafts (the part that transfers power to accessories or to a trailer), you must make sure the shaft cannot be pulled out or damaged in a way that creates a safety risk. Fit a device that stops seizure, or if that isn’t possible, put in place all reasonable safeguards, and provide a system that keeps the shaft clean and undamaged when it’s uncoupled.

Employer s.30 HSE When your business uses mobile work equipment that has a drive shaft …

Protect high‑ or very‑low‑temperature equipment and substances

2 years imprisonment

If you use any plant, tools or materials that become very hot or very cold, you must put the right guards, insulation or other safety measures in place. This prevents burns, scalds or searing injuries to anyone who might come into contact with them. You need to check all such equipment and substances continuously and keep the protective measures maintained.

Employer s.13 HSE When work equipment, its parts, or any article/substance stored, used or produced …

Provide appropriate emergency stop controls on work equipment

You must make sure any plant or machinery you use has an easily reachable emergency stop that can halt the work instantly, unless the machine’s nature means a rapid stop isn’t needed because it already stops quickly and presents no extra hazard. The emergency stop must always take priority over any other stop functions.

Employer s.16 HSE When work equipment is used and a rapid, safe stop may be …

Provide clear, effective warnings on work equipment

2 years imprisonment

As an employer you must make sure any plant, machinery or tools you provide have appropriate warning signs or devices. Those warnings must be clear, obvious and easy for users to understand, so workers can recognise hazards quickly and work safely.

Employer s.24 HSE

Provide effective guarding of dangerous machinery parts

2 years imprisonment

If you use plants or machines that have moving parts that could injure people, you must put in place safeguards – like fixed guards, other protective devices or safe‑working tools – to stop anyone reaching or being caught by those parts. You also have to keep those guards and devices in good condition, well‑maintained and easy to use.

Employer s.11 HSE

Provide readily accessible stop controls on work equipment

You must make sure any work equipment you use has clearly reachable stop controls that can bring the machine to a safe state. These controls must be able to stop the equipment, cut off all energy sources if needed, and take priority over any start or speed‑change controls. This helps protect your workers if something goes wrong.

Employer s.15 HSE

Provide start and change‑over controls on work equipment

2 years imprisonment

As an employer you must fit appropriate start/re‑start controls and controls for any change in speed, pressure or other operating conditions that could increase health‑and‑safety risk. Those controls must only operate when deliberately used, unless the change is part of the machine’s normal automatic cycle.

Employer s.14 HSE When equipment is provided or altered and a start/re‑start or a change …

Stabilise work equipment to prevent it moving or tipping

You must make sure any plant, machinery or its parts are securely fixed – for example by clamping – whenever there is a risk that it could move, tip or become unstable. This helps protect your workers and anyone else who might be affected by the equipment. In practice you need to check each item of equipment and put in appropriate stabilising measures before it’s used.

Employer s.20 HSE when equipment could be unstable and poses a health or safety risk

Inspections 3

Ensure thorough examinations of power presses and safety devices

2 years imprisonment

You must have each power press and its guards or protection devices thoroughly examined before the press is first used after it is installed, assembled, or moved. The same thorough checks have to be repeated regularly – at least every 12 months if the press only has fixed guards, or every 6 months otherwise – and after any incident that could affect safety. Any defect found must be repaired before the press is used again.

Employer s.32 HSE When a power press, guard or protection device is first put into …

Ensure work equipment is inspected and records kept

2 years imprisonment

You must make sure any work equipment that could be unsafe because of how it is installed or because it can deteriorate is inspected at the right times – after it’s put in place, after it’s moved, regularly and after any incident. You also need to keep a record of each inspection and carry proof of the latest inspection whenever the equipment leaves your site or is used elsewhere.

Employer s.6 HSE

Inspect and certify power press guards before use

2 years imprisonment

You must not run a power press after you have set, re‑set or adjusted its tools, or after four hours of operation, unless every guard and safety device has been inspected and tested while fitted by a person you have appointed who is competent (or a trainee under supervision) and who has signed a proper certificate. Keep that certificate as your proof of compliance.

Employer s.33 HSE When the press tools are changed or after the fourth hour of …

Management duties 10

Ensure safe control systems for work equipment

2 years imprisonment

As an employer you must make sure any control systems on your plant – switches, levers, software, etc. – are safe and are selected so that expected failures or loss of power won’t create new hazards. The controls must not interfere with required safety functions such as emergency stops, and you must keep them in a condition that prevents additional risk.

Employer s.18 HSE

Ensure safe maintenance of work equipment

2 years imprisonment

As an employer you must make sure any plant or equipment can be maintained safely. Where possible the equipment should be shut down before maintenance, or designed so the work can be done without exposing the worker to risk, or you must provide suitable protective measures for anyone carrying out risky maintenance tasks.

Employer s.22 HSE When maintenance operations involve a risk to health or safety

Ensure visible, safe and well‑marked equipment controls

2 years imprisonment

You must make sure that every control on your plant and machinery can be clearly seen and identified – for example by marking it – and that it is positioned so the operator isn’t exposed to health or safety risk. You also need to ensure the operator can see that no one is in danger when the control is used, provide audible or visual warnings before equipment starts, and give anyone nearby enough time and a clear way to move clear.

Employer s.17 HSE

Maintain work equipment and keep maintenance logs up to date

2 years imprisonment

You must keep all work equipment in good repair and running efficiently, carrying out any necessary servicing or repairs. If a piece of machinery has a maintenance log, that log must be kept current. This helps you show the equipment is safe and reduces the risk of breakdowns or accidents.

Employer s.5 HSE

Prevent mobile work equipment from rolling over and crushing occupants

2 years imprisonment

If you let employees ride on mobile work equipment (such as diggers, cranes, cherry‑pickers, etc.), you must make sure the plant cannot roll over or crush them. This means you need to stabilise the equipment, provide side‑fall protection or enough clearance, or use an equivalent device, and fit a suitable restraining system where there is a crushing risk.

Employer s.26 HSE When an employee rides on mobile work equipment and there is a …

Prevent or control exposure to specified equipment hazards

2 years imprisonment

If you provide work equipment, you must make sure that any risk to a person using it from hazards such as falling parts, rupturing, fire, unintended discharge or explosion is either removed or, where removal isn’t reasonably practicable, adequately controlled. You should use engineering or organisational controls rather than relying only on PPE or training.

Employer s.12 HSE When you provide or use work equipment that could present any of …

Provide and maintain isolation devices for equipment

2 years imprisonment

You must make sure any plant or machinery that could be switched off has a clear, easy‑to‑reach means of isolating it from all its energy sources. The isolation devices must be clearly marked and accessible, and you must have procedures so that reconnecting power or other energy never puts a worker at risk.

Employer s.19 HSE when work equipment has sources of energy that can be isolated (i.e., …

Provide health & safety information and written instructions for work equipment

2 years imprisonment

You must make sure anyone who uses or supervises work equipment in your business gets clear, easy‑to‑understand health and safety information and, where needed, written instructions. The information must explain how the equipment should be used, what to do in abnormal situations and any lessons learned from previous use.

Employer s.8 HSE

Provide suitable lighting for work equipment use

2 years imprisonment

You must make sure that every area where any work equipment is used has lighting that is fit for the task. The light should be strong enough and positioned correctly for the specific work being carried out, so employees can work safely and without strain.

Employer s.21 HSE

Restrict equipment use to trained, designated persons

2 years imprisonment

If a piece of work equipment could pose a specific health or safety risk, you must make sure that only the people assigned to operate it are allowed to do so, and that any repairs or maintenance are carried out only by people you have specifically designated for those tasks. Those designated workers must also receive the training they need for their specific duties.

Employer s.7 HSE When the use of work equipment is likely to involve a specific …

Record keeping 1

Keep equipment inspection reports and certificates available

You must keep every report made under regulation 34(1) on hand for at least two years after it is written, so inspectors can see them. You also need to display the current safety certificate for each power press on or near the machine until a new one replaces it, and then retain that old certificate for six months after it was signed.

Employer s.35 HSE

Reporting and filing 1

Report defects in power presses after examination

2 years imprisonment

When a thorough examination or inspection of a power press (or its guard/protection device) is carried out, the person doing the check must tell you straight away about any defect that could be dangerous, write a full report and send a copy to the relevant enforcement authority. This ensures dangerous equipment is dealt with quickly and documented properly.

Any Person s.34 HSE When a thorough examination (Reg 32) or inspection and test (Reg 33) …

Training 1

Provide health and safety training for work equipment users

2 years imprisonment

You must make sure that every employee who operates any work equipment receives proper health and safety training. This includes teaching them how to use the equipment safely, the risks involved and the precautions to take. You also need to train anyone who supervises or manages the use of that equipment.

Employer s.9 HSE

Penalties for non-compliance

25 penalties under this legislation. 25 can result in imprisonment. 25 carry an unlimited fine.

Prison risk

Adapt forklift to minimise overturning risk

Unlimited fine and/or 2 years imprisonment

Either way s.27 Penalises: Adapt forklift to minimise overturning risk
Prison risk

Ensure remote‑controlled equipment stops automatically and has impact guards

Unlimited fine and/or 2 years imprisonment

Either way s.29 Penalises: Ensure remote‑controlled equipment stops automatically and has impact …
Prison risk

Ensure safe operation of self‑propelled work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.28 Penalises: Ensure safe operation of self‑propelled work equipment
Prison risk

Ensure work equipment meets essential safety requirements

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Ensure work equipment meets essential safety requirements
Prison risk

Only use mobile equipment that is suitable and fitted with safety features for carrying employees

Unlimited fine and/or 2 years imprisonment

Either way s.25 Penalises: Only use mobile equipment that is suitable and …
Prison risk

Protect drive shafts on mobile work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.30 Penalises: Protect drive shafts on mobile work equipment
Prison risk

Protect high‑ or very‑low‑temperature equipment and substances

Unlimited fine and/or 2 years imprisonment

Either way s.13 Penalises: Protect high‑ or very‑low‑temperature equipment and substances
Prison risk

Provide clear, effective warnings on work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.24 Penalises: Provide clear, effective warnings on work equipment
Prison risk

Provide effective guarding of dangerous machinery parts

Unlimited fine and/or 2 years imprisonment

Either way s.11 Penalises: Provide effective guarding of dangerous machinery parts
Prison risk

Provide start and change‑over controls on work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.14 Penalises: Provide start and change‑over controls on work equipment
Prison risk

Ensure thorough examinations of power presses and safety devices

Unlimited fine and/or 2 years imprisonment

Either way s.32 Penalises: Ensure thorough examinations of power presses and safety …
Prison risk

Ensure work equipment is inspected and records kept

Unlimited fine and/or 2 years imprisonment

Either way s.6 Penalises: Ensure work equipment is inspected and records kept
Prison risk

Inspect and certify power press guards before use

Unlimited fine and/or 2 years imprisonment

Either way s.33 Penalises: Inspect and certify power press guards before use
Prison risk

Ensure safe control systems for work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.18 Penalises: Ensure safe control systems for work equipment
Prison risk

Ensure safe maintenance of work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.22 Penalises: Ensure safe maintenance of work equipment
Prison risk

Ensure visible, safe and well‑marked equipment controls

Unlimited fine and/or 2 years imprisonment

Either way s.17 Penalises: Ensure visible, safe and well‑marked equipment controls
Prison risk

Maintain work equipment and keep maintenance logs up to date

Unlimited fine and/or 2 years imprisonment

Either way s.5 Penalises: Maintain work equipment and keep maintenance logs up …
Prison risk

Prevent mobile work equipment from rolling over and crushing occupants

Unlimited fine and/or 2 years imprisonment

Either way s.26 Penalises: Prevent mobile work equipment from rolling over and …
Prison risk

Prevent or control exposure to specified equipment hazards

Unlimited fine and/or 2 years imprisonment

Either way s.12 Penalises: Prevent or control exposure to specified equipment hazards
Prison risk

Provide and maintain isolation devices for equipment

Unlimited fine and/or 2 years imprisonment

Either way s.19 Penalises: Provide and maintain isolation devices for equipment
Prison risk

Provide health & safety information and written instructions for work equipment

Unlimited fine and/or 2 years imprisonment

Either way s.8 Penalises: Provide health & safety information and written instructions …
Prison risk

Provide suitable lighting for work equipment use

Unlimited fine and/or 2 years imprisonment

Either way s.21 Penalises: Provide suitable lighting for work equipment use
Prison risk

Restrict equipment use to trained, designated persons

Unlimited fine and/or 2 years imprisonment

Either way s.7 Penalises: Restrict equipment use to trained, designated persons
Prison risk

Report defects in power presses after examination

Unlimited fine and/or 2 years imprisonment

Either way s.34 Penalises: Report defects in power presses after examination
Prison risk

Provide health and safety training for work equipment users

Unlimited fine and/or 2 years imprisonment

Either way s.9 Penalises: Provide health and safety training for work equipment …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

39 classified provisions from this legislation.

Duties 30

  • s.5 Maintenance employer
  • s.6 Inspection employer
  • s.7 Specific risks employer
  • s.8 Information and instructions employer
  • s.9 Training employer
  • s.10 Conformity with Community requirements employer
  • s.11 Dangerous parts of machinery employer
  • s.12 Protection against specified hazards employer
  • s.13 High or very low temperature employer
  • s.14 Controls for starting or making a significant change in operating conditions employer
  • s.15 Stop controls employer
  • s.16 Emergency stop controls employer
  • s.17 Controls employer
  • s.18 Control systems employer
  • s.19 Isolation from sources of energy employer
  • s.20 Stability employer
  • s.21 Lighting employer
  • s.22 Maintenance operations employer
  • s.23 Markings employer
  • s.24 Warnings employer
  • ... and 10 more duties

Definitions 1

Exemptions 3

  • s.31 Power presses to which Part IV does not apply
  • s.36 Exemption for the armed forces
  • s.37 Transitional provision