Sidewinder- what is PUWER98 and I do not work in Orkney. Not sure what relevance this has?
OK, first things first, a huge apology for the Orkney comment.
I was replying in a big hurry on a device with absolutely useless predictive text/spell checker.
I made the big error of not reading the post correctly before pressing the reply button.
So sorry.
In my defence, it is a new device, and I am still getting used to its foibles!
OK back to PUWER98.
PUWER98 is "The Provision and Use of Work Equipment Regulations 1998".
This is statute law, anyone working in areas that this applies should to be competent be aware of the requirements of this legislation.
One can go to jail for non compliance, fines are AFAIK unlimited depending on the severity of the offence.
Now, it only applies to employers whose premises, employees & equipment that are under their control.
However, IF you are employed as the competent person to design and install "devices" that come under this regulation, then if you design and install a system that does not comply then you had better hope that you have good PI Insurance because in the event of an issue yo'll need it to keep your fines to a minimum, and keep you out of prison.
Oh and one quirk of PI is that it has to be in place at the time of the claim, NOT the time of the"work" as is the norm with ELI & PLI.
Now, if you are not familiar with the statute law requirements of the work, are you doing this for an employer or for "yourself"?
If for an employer, then you can get them if big trouble and yourself sacked, if for "yourself" then you need to ask are you competent to do this?
Remember BS7671 is "optional" with respect to statute law, IF you can prove total compliance with EAWR, ESQCR & PUWER98, along with all other requirements, e.g. Part P, or whatever else applies, perhaps even manufacturers instructions without following BS7671 then you are free to do so.
However, in a location where employed persons are working, even self employed, or directors of a Ltd. Co. then statute laws apply.
You will find that you also have a duty under "Common" or "Case" law of a "Duty Of Care", which has to be proven in front of a jury, but the evidence will be presented by your peers or "superiors" within the industry, who will be experts in their field, and will show almost certainly that if you have messed up, you are incompetent.
Now I am not at this stage saying you are incompetent, what I am saying is that IF this ends up in heap big doo doo's you will be presented with a prosecution case that you will have a big job defeating without PII to cover you for the work in question, and having the relevant competence to demonstrate this, which will be reflected in your PII premium and if you don't have the required level of demonstrable competence your PI insurer may well state that you are in breach of the policy conditions and hang you out to dry.
