The Electricity at Work Regulations 1989 (SI 1989/635), made under the Health and Safety at Work etc. Act 1974, form the primary statutory criminal legislation governing electrical safety across all UK commercial, industrial, and construction workplaces. Unlike BS 7671 (which is a non-statutory British Standard code of practice), non-compliance with EAWR is a direct criminal offence.
The Structure of Duties: Absolute vs SFAIRP & Regulation 29
Under HSE guidance document HSR25 (Memorandum of Guidance on the Electricity at Work Regulations 1989), statutory duties are divided into two distinct legal classes:
| Duty Class | Applicable Regulations | Legal Definition & Defence |
|---|---|---|
| Qualified (SFAIRP) | Regulation 4(1), 4(2), 4(3) | Qualified by "so far as is reasonably practicable". Dutyholders must weigh the quantum of risk against the sacrifice (money, time, trouble) needed to avert it. However, where danger involves fatal shock, the duty approaches absolute in practice. |
| Absolute Duties | Regulation 4(4), 5, 8, 9, 10, 11, 12, 13, 14, 15, 16 | Must be met regardless of cost or operational inconvenience. In criminal proceedings, a defendant can only rely on the statutory Regulation 29 defence by proving that they took all reasonable steps and exercised all due diligence to avoid the commission of the offence. |
Regulation 3: Who Holds Statutory Duties?
Under Regulation 3, duties fall not only on corporate employers and self-employed contractors, but on:
- Employees: Must cooperate with their employer and take reasonable care for their own safety and that of colleagues.
- Control of Systems (Extent of Control): Crucially under HSR25, duties fall on any person who has control of an electrical system or equipment, to the extent of their control. An electrical contractor who assumes temporary control of a distribution board for testing becomes the statutory dutyholder for that isolation boundary, even if they do not own the site.
Core Regulations for Electrical Engineers & Technicians
Regulation 4: Systems, Work Activities & Protective Equipment
Regulation 4(1)–(3) requires all electrical systems to be constructed and maintained so as to prevent danger. Crucially, Regulation 4(4) is an absolute duty: all personal protective equipment provided under the regulations must be suitable for the purpose, maintained in an efficient state and good repair, and properly used.
Regulation 8: Earthing & Other Suitable Precautions
An absolute requirement that precautions (by earthing or other suitable means, such as double insulation or SELV) must be taken to prevent any conductor (other than a live circuit conductor) which may become charged from causing danger. This provides the statutory backing for main protective bonding and circuit protective conductors (CPCs).
Regulation 12: Means for Cutting Off Supply & Isolation
Regulation 12(1) mandates suitable means for cutting off electricity supply to any equipment, and for isolating any equipment from every source of electrical energy. Isolation requires physical galvanic disconnection and separation from all potential backfeeds (including auxiliary control circuits, UPS, solar PV, and generators).
Regulation 13: Precautions for Work on Equipment Made Dead
An absolute duty requiring adequate precautions to prevent equipment that has been made dead from becoming electrically charged while work is in progress. This establishes the legal mandate for physical Lock-Out / Tag-Out (LOTO), unique safety padlocks, caution notices, and earthing (CME).
Regulation 14: Work on or Near Live Conductors
Live working is strictly prohibited as a baseline rule. No person shall be engaged in any work activity on or near any uninsulated live conductor where danger may arise, UNLESS ALL THREE of the following cumulative statutory conditions are satisfied:
The Cumulative Three-Part Test (Regulation 14):
1. Condition 14(a): It is unreasonable in all circumstances for the conductor to be dead (e.g. diagnostic testing, taking voltage measurements, or tracing faults that cannot physically be diagnosed de-energized); AND
2. Condition 14(b): It is reasonable in all the circumstances for the person to be at work on or near it while it is live; AND
3. Condition 14(c): Suitable precautions (including the provision of suitable insulated tools to BS EN 60900, screening/barriers, and arc-rated PPE) are taken to prevent injury.
HSE guidance HSG85 explicitly clarifies that commercial inconvenience, customer reluctance to suffer a power outage, or financial loss NEVER satisfies Condition 14(a).
Regulation 16: Persons to be Competent to Prevent Danger
No person shall be engaged in any work activity where technical knowledge or experience is necessary to prevent danger, unless that person possesses such knowledge and experience, or is under appropriate supervision. Under HSR25, competence is not a generic title or qualification card; it is task-specific and equipment-specific. Designations such as Senior Authorised Person (SAP) or Authorised Person (AP) are formal employer and network safety rules appointments (such as under HTM 06-03 or ENA Model Distribution Safety Rules), rather than statutory EAWR offices.