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EWR (1989) - just for thought really on the point of decent Engineering Regs in ref. to Acts/Laws/Statute etc

There is no requirement under EWR to work to BS7671  (if that is not true, the following probably is rendered  irrelevant).


Scenario: its 2019 and there is no RCD protection for a socket recently added to an existing circuit. An unfortunate event happens (someone is electrocuted and dies; worst case) whilst using that socket and as a result the person who carried out the work is prosecuted, as it is argued the presence of the RCD would have prevented it happening. It must matter what that someone was doing when using that socket, so perhaps they were using a vac and ran over and already damaged cord (struggling here for a plausible scenario of something that could go wrong with a newly added socket/no RCD combo). Of course if someone was using other pre-existing socket then there is no case.


Under the EWR, how is it possible to prove legally (and reliably) that by working to other 'standards' (if EWR makes no reference to BS7671 - as it arguabky should never) at the time [of design/construction], was  the cause of the event and the person carrying out the work is at fault  ?    Is there ever going to be a case possible due to not having RCD - of course having RCD has additional protection benefits, but so does never ever going outside, so as to not get run over by a bus.


Im just using lack of RCD as an example on working to a standard not being BS7671 ...it could just as easily be someone designed, built and constructed a whole installation to their own standards - how is it legally decided those standards were not 'good' enough under the EWR (if BS7671 is not statutory as argubly it should never be) ?


(this is most likely in the wrong forum, but posted here as current practitioners to BS7671 might like to comment...or not :-)  )

Parents
  • This is more complicated than the Electricity at Work Regulations alone - the addition of a socket-outlet is construction work as defined in the CDM Regulations 2015.


    The person who carried out the design for the extension is a designer under CDM Regulations. One of the designer's duties is to ensure risks are minimized so far as is reasonably practicable to those carrying out maintenance or erection (construction) work, or, in the case of a place of work, users of that place of work.


    So, the correct procedure is to:
    • Identify the hazards and risks associated with the work you are designing.

    • Address the risks in design so far as is reasonably practicable. This may involve discussions with the client, the principal contractor and perhaps the contractor.

    • Communicate residual risks to the client (and in the case of installation work, the contractor).



    So, in this case, the designer (of the extension to the existing circuit) identifies the hazard of no RCD, and communicates with the client. Together, they determine what is the treatment of the risk:

    • Is it reasonably practicable to comply with the relevant standard (i.e. fit RCD).

    • It is not reasonably practicable to comply (too expensive is a possible excuse, if the expense is large compared with the overall risk).


    At this point, if the client states in writing "I'm not paying for that" or similar, then I guess the designer is sort of off the hook and it's the duty holder's responsibility under EAWR and PUWER (for use of electrical equipment at work from that socket-outlet).


    Similarly, it's definitely VERY valid for a situation such as a Data Centre, for the client and designer to agree together that no RCDs will be fitted to socket-outlets for data centre equipment, for example, where:

    • ADS is provided by an overcurrent protective device in accordance with BS 7671

    • Additional protection is already in place by the extra earthing and bonding to a standard such as BS EN 50310

    • Equipment may have high protective conductor currents ("leakage currents") that might cause nuisance tripping of 30 mA RCDs.

    • The cost of nuisance-tripping (in terms of service or data loss) would be extremely large

    • Only certain instructed persons are coming into contact with the equipment connected to the socket-outlets on an infrequent basis. They are aware of the risk assessments and procedures (and checking) are in place to ensure that portable equipment and tools are not connected to the socket-outlets with RCDs



    There are no other standards for an electrical installation in general, but other standards may be applied instead (or in addition) for example:
    • BS EN 60204-1 for electrical equipment (including socket-outlets) for machines

    • BS EN 60079-series for explosive atmosphere


    In court, the relevant standards may be used in evidence (for either side - not just the defence).



    So I think this deals with both the issue of relevant legislation, and standards.

Reply
  • This is more complicated than the Electricity at Work Regulations alone - the addition of a socket-outlet is construction work as defined in the CDM Regulations 2015.


    The person who carried out the design for the extension is a designer under CDM Regulations. One of the designer's duties is to ensure risks are minimized so far as is reasonably practicable to those carrying out maintenance or erection (construction) work, or, in the case of a place of work, users of that place of work.


    So, the correct procedure is to:
    • Identify the hazards and risks associated with the work you are designing.

    • Address the risks in design so far as is reasonably practicable. This may involve discussions with the client, the principal contractor and perhaps the contractor.

    • Communicate residual risks to the client (and in the case of installation work, the contractor).



    So, in this case, the designer (of the extension to the existing circuit) identifies the hazard of no RCD, and communicates with the client. Together, they determine what is the treatment of the risk:

    • Is it reasonably practicable to comply with the relevant standard (i.e. fit RCD).

    • It is not reasonably practicable to comply (too expensive is a possible excuse, if the expense is large compared with the overall risk).


    At this point, if the client states in writing "I'm not paying for that" or similar, then I guess the designer is sort of off the hook and it's the duty holder's responsibility under EAWR and PUWER (for use of electrical equipment at work from that socket-outlet).


    Similarly, it's definitely VERY valid for a situation such as a Data Centre, for the client and designer to agree together that no RCDs will be fitted to socket-outlets for data centre equipment, for example, where:

    • ADS is provided by an overcurrent protective device in accordance with BS 7671

    • Additional protection is already in place by the extra earthing and bonding to a standard such as BS EN 50310

    • Equipment may have high protective conductor currents ("leakage currents") that might cause nuisance tripping of 30 mA RCDs.

    • The cost of nuisance-tripping (in terms of service or data loss) would be extremely large

    • Only certain instructed persons are coming into contact with the equipment connected to the socket-outlets on an infrequent basis. They are aware of the risk assessments and procedures (and checking) are in place to ensure that portable equipment and tools are not connected to the socket-outlets with RCDs



    There are no other standards for an electrical installation in general, but other standards may be applied instead (or in addition) for example:
    • BS EN 60204-1 for electrical equipment (including socket-outlets) for machines

    • BS EN 60079-series for explosive atmosphere


    In court, the relevant standards may be used in evidence (for either side - not just the defence).



    So I think this deals with both the issue of relevant legislation, and standards.

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