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The Provision and Use of Work Equipment Regulations 1998

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Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“employer” except in regulation 3(2) and (3) includes a person to whom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and (b);

“essential requirements” means requirements described in regulation 10(1);

the Executive” means the Health and Safety Executive;

“inspection” in relation to an inspection under paragraph (1) or (2) of regulation 6—

(a)

means such visual or more rigorous inspection by a competent person as is appropriate for the purpose described in the paragraph;

(b)

where it is appropriate to carry out testing for the purpose, includes testing the nature and extent of which are appropriate for the purpose;

“power press” means a press or press brake for the working of metal by means of tools, or for die proving, which is power driven and which embodies a flywheel and clutch;

“thorough examination” in relation to a thorough examination under paragraph (1), (2), (3) or (4) of regulation 32—

(a)

means a thorough examination by a competent person;

(b)

includes testing the nature and extent of which are appropriate for the purpose described in the paragraph;

“use” in relation to work equipment means any activity involving work equipment and includes starting, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing and cleaning;

“work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not);

and related expressions shall be construed accordingly.

(2) Any reference in regulations 32 to 34 or Schedule 3 to a guard or protection device is a reference to a guard or protection device provided for the tools of a power press.

(3) Any reference in regulation 32 or 33 to a guard or protection device being on a power press shall, in the case of a guard or protection device designed to operate while adjacent to a power press, be construed as a reference to its being adjacent to it.

(4) Any reference in these Regulations to—

(a)a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and

(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

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