PUWER 1998

PUWER 1998 is UK legislation ensuring all equipment provided for workers to use, is safe.

As a one man band, obsessed with safety, I tend to check legislation to see I comply and go on to the next problem.

In December 2018, Scottish Natural Heritage asked me to confirm I was compliant with PUWER 1998, so I studied the regulations in detail.

PUWER 1998 derives from European Legislation. Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

It states,

2.3.

All work equipment must be fitted with a control to stop it completely and safely.

Each work station must be fitted with a control to stop some or all of the work equipment, depending on the type of hazard, so that the equipment is in a safe state. The equipment’s stop control must have priority over the start controls. When the work equipment or the dangerous parts of it have stopped, the energy supply of the actuators concerned must be switched off.

2.4.

Where appropriate, and depending on the hazards the equipment presents and its normal stopping time, work equipment must be fitted with an emergency stop device.

The UK version is available here, http://www.legislation.gov.uk/uksi/1998/2306/made

Regulations 15 and 16 state.

Stop controls.

15.—(1) Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible controls the operation of which will bring the work equipment to a safe condition in a safe manner.

(2) Any control required by paragraph (1) shall bring the work equipment to a complete stop where necessary for reasons of health and safety.

(3) Any control required by paragraph (1) shall, if necessary for reasons of health and safety, switch off all sources of energy after stopping the functioning of the work equipment.

(4) Any control required by paragraph (1) shall operate in priority to any control which starts or changes the operating conditions of the work equipment.

16.—(1) Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls unless it is not necessary by reason of the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of any control provided by virtue of regulation 15(1).

(2) Any control required by paragraph (1) shall operate in priority to any control required by regulation 15(1).

A horse drawn vehicle is work equipment and therefore falls within the act.

This video clearly shows an effective Stop Control which also works equally effectively as an Emergency Stop Control

A horse drawn vehicle is work equipment and therefore falls within the act.

This is clearly stated in the document

Health and safety in horse riding establishments and livery yards.

WHAT YOU SHOULD KNOW

KAREN and MICHAEL SINCLAIR-WILLIAMS

December 2015

This document was produced by

with the help of,

the Chartered Institute of Environmental Health, Health and Safety Executive (HSE) Local Authority Unit, the British Horse Society (BHS), theNational Companion Animal Focus Group, the Pony Club, Tim Deveaux, CIEH Trustee, Harry Paviour, Equine Fire Safety, Mark Plummer, EHO and Spelthorne Borough Council

It states on page 42.

Provision and use of work equipmentUnder the Provision and Use of Work Equipment Regulations 1998 (PUWER), a specific risk assessment is not required but an employer may find it helpful to follow the risk assessment process in order to ensure compliance. Within the Regulations there are a number of general requirements which equally apply to riding establishments/livery yards. Work equipment must be:

•Suitable for its intended use

•Safe for use, and maintained in a safe condition

•Used only by people who have received adequate instruction, information and training

•Accompanied by suitable safety measures, eg protective devices and warnings

•Examples of work equipment on these premises would include; tractors, ATVs, trailers, horseboxes, horse walkers, ladders, the tack and other equipment used with horses, tools for mucking out stables, ladders.

See http://www.hse.gov.uk/pubns/books/l22.htm)

Finally we need to see if there are any risks. Regulation 16 states,

Every employer shall ensure that, where appropriate, work equipment is provided with one or more readily accessible emergency stop controls unless it is not necessary by reason of the nature of the hazards and the time taken for the work equipment to come to a complete stop as a result of the action of any control provided by virtue of regulation 15.

Look at the death of Carole Bullett in Bury St Edmunds, mown down by a horse drawn vehicle behind a bolting horse, https://www.bbc.co.uk/news/uk-england-suffolk-13850797

and the death of Dora Jufer, killed when a bolting horse flipped a carriage over, crushing her to death. https://www.bbc.co.uk/news/world-europe-guernsey-18606150

and the deaths of Joy Few and Norman LaRose in Kerry, again crushed by a vehicle behind a bolting horse. https://www.irishtimes.com/news/ireland/irish-news/two-killed-in-freak-pony-and-trap-accident-in-killarney-1.3455878

and finally Valerie Gilbert, killed in another "freak" tragedy with a bolting horse and carriage.

https://www.stokesentinel.co.uk/news/stoke-on-trent-news/freak-tragedy-woman-60-who-2467252

These are the deaths I know about, but I am just one man. The industry needs to keep accurate records. Any modern approach to safety knows that safety starts from knowing the risks, knowing who has been injured, who has died.

All these deaths were unnecessary. With my Instant Pony Release System/Emergency Stop Control fitted, all these people would be alive. It is clear that horse drawn vehicles need an Emergency Stop Control to stop this carnage.

Demonstrating safety systems to NFU Mutual Insurance in Exeter. The Instant Release in operation.