Thursday 5 March 2009

Legal Ramifications of not Testing

This does mention electrical safety and says :
"You should ensure that the electrical system (Fixed Wiring), and any electrical appliances that you supply such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use."

In Answer to my communication with HSE
As you say this uses the term "should" and not "must". However, this should not be interpreted as "need not", as in the event of an incident it would be used by the prosecution to demonstrate what precautions should have been taken and the defence would have to argue what equally effective measures were used to ensure safety. This is the general line that is taken by the courts for all guidance, including BS7671, other british standards, guidance booklets, etc. Since this is produced by the department responsible for the local authorities, this should be seen as fairly high authority.

If a landlord does not do it, they will be prosecuted, fined and could also face a prison sentence, it is also incumbent on letting agents to ensure that the properties also have the relevant current test certification before they rent it, or they could be prosecuted for corporate manslaughter in the even of an accident.


For Further information see our Web site www. safe-electric.com  or contact us by e-mail: - enquiries@safe-electric.com

1 comment:

  1. The legislation concerning electrical safety places the duty of care on the employer. No employer or principal is exempt.

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