The Electricity at Work Regulations 1989: A Plain Guide for Small Businesses
Updated: Oct 9
The Electricity at Work Regulations 1989 require every employer and self-employed person to make sure the electrical systems used for work are built, maintained and worked on in a way that prevents danger. They do not tell you to test at fixed intervals or use a particular form. They set outcomes, and leave you to show how you meet them, which is why inspection, testing and records matter so much in practice.
Who the regulations apply to
The regulations apply to work activities, not to your private life at home. HSE's guidance on them says they are relevant to all work activities and premises, apart from certain offshore workplaces and ships, so offices, shops, workshops and factories are all covered.
Regulation 3 puts the duties on three groups:
Employers: for the systems and work under their control.
The self-employed: the same duties as an employer, for their own work.
Employees: to cooperate with their employer, and to comply with the regulations on matters within their own control.
That last point catches people out. A maintenance technician who wires something unsafely can hold duties under the regulations personally, not just their employer.
"System" is a wide term. It covers everything from the incoming supply and distribution boards to the fixed wiring, sockets and the equipment plugged into them. A kettle in the staff kitchen is part of the system just as the consumer unit is.
What the regulations actually require
The regulations are short, and the full text is on legislation.gov.uk. For a typical small business, a handful of them do most of the work.
Regulation 4: construct, maintain and work safely
Regulation 4(1) says systems must be constructed to prevent danger, so far as is reasonably practicable. Regulation 4(2) is the maintenance duty: as may be necessary to prevent danger, systems must be maintained so as to prevent that danger, so far as is reasonably practicable. Regulation 4(3) says work on or near a system, including using and maintaining it, must be done in a way that does not cause danger.
Regulation 4(2) is the one behind fixed wiring inspections, PAT testing and planned electrical maintenance. HSE's guidance says inspection, and testing where necessary, is an essential part of any preventive maintenance programme, and that how often you do it is a matter of judgement for the dutyholder.
Regulations 12 to 14: isolation and dead working
Regulation 12 requires suitable means of cutting off the supply and isolating equipment. Regulation 13 requires adequate precautions so that equipment made dead for work cannot become live again during that work: in practice, lock-off and proving dead.
Regulation 14 sets a high bar for live working. Nobody may work on or near a live conductor where danger may arise unless it is unreasonable in all the circumstances for it to be dead, it is reasonable for them to work on it live, and suitable precautions are taken. "It was quicker live" does not meet that test.
Regulation 16: competence
No one may do work where technical knowledge or experience is needed to prevent danger unless they have that knowledge or experience, or are properly supervised. This is why you should check who is working on your installation, including your own staff.
"Reasonably practicable" and "absolute" duties
Some duties are qualified by "so far as is reasonably practicable", which means weighing the risk against the time, trouble and cost of reducing it. Others are absolute, with no such qualification.
For several absolute duties, including those on competence and isolation, regulation 29 provides a defence in criminal proceedings if you can prove you took all reasonable steps and exercised all due diligence to avoid the offence. You can only prove that with evidence, which brings us to records.
Do you have to keep records?
Not by law. HSE's guidance on the regulations says keeping records is not a legal requirement, but that records can help demonstrate compliance. It recommends keeping maintenance records, including test results, throughout the working life of the electrical system, and adds that without effective monitoring a dutyholder cannot be certain the maintenance duty has been met.
In other words, the regulations do not demand paperwork, but defending yourself without it is very hard.
How EICR, PAT and maintenance fit together
The regulations say "maintain to prevent danger". In practice that splits into three strands, and a small business usually needs all of them. Planning them together as one maintenance programme is simpler than treating each as a separate chore.
The fixed installation. The wiring, distribution boards, sockets and lighting circuits. These are inspected and tested periodically, with the results recorded on an Electrical Installation Condition Report (EICR). HSE's guidance points to BS 7671, the IET Wiring Regulations, for advice on inspecting and testing fixed installations, and HSE says installations should be tested often enough that there is little chance of deterioration leading to danger.
Portable equipment. Anything that plugs in. HSE's leaflet INDG236 sets out a risk based approach of user checks, formal visual inspections and, for earthed equipment, combined inspection and testing, commonly called PAT testing. HSE is clear that no law requires every appliance to be tested every year, and our post on whether PAT testing is a legal requirement covers that duty in more depth.
Ongoing condition. Everything between the formal inspections: fixing damage when it is reported, keeping distribution boards clear and closed, and checking that alterations were done and recorded properly. On busier sites, a thermographic survey of distribution boards can pick up overheating connections between inspections.
A practical checklist for a small business
Know where your distribution boards are, keep access clear and keep them closed.
Have the fixed installation inspected and tested, and act on any C1 or C2 codes on the report.
Set a risk based schedule for user checks, visual inspections and testing of portable equipment.
Make sure anyone doing electrical work, in-house or contracted, is competent for that work.
Isolate and prove dead before work; do not allow live working without a real justification.
Keep records of inspections, tests, faults and repairs, and review them to adjust your intervals.
If the premises has emergency lighting, log its monthly function test and annual full discharge test with the rest.
Whether you need an electrician in Albrighton, Telford or Wolverhampton, we help businesses across the wider West Midlands put a sensible inspection and maintenance plan in place. If you would like one reviewed or set up, get in touch.
Electricity at Work Regulations questions, answered
Do the regulations apply to a sole trader working from home?
They apply to work activities, including those of the self-employed, so equipment used for your work is covered. Your domestic installation used only for private life is outside their scope.
Do the regulations say how often to have an EICR?
No. They require maintenance to prevent danger and leave frequency to the dutyholder. BS 7671 and IET guidance are the usual reference for intervals on fixed installations.
Who enforces them?
Health and safety inspectors. HSE notes that its inspectors seek to secure compliance with the law and may refer to its published guidance, so following that guidance is normally enough to comply.
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