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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 :-)  )

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  • psychicwarrior:

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


     


    True but refer to the Memorandum of Guidance on the EAW Regs and you will see the importance of BS7671. If injury occurs then clearly the control measures were insufficiently robust. It will then be for the duty holder to demonstrate that they did all that was reasonably practicable to mitigate the risk. In doing so reference to guidance material like 7671 can assist in providing evidence of such a claim.

    Graham has also set out another crucial aspect that is often overlooked for the smaller jobs. We should be doing much more to factor the requirements of CDM in to our work activities!


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  • psychicwarrior:

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


     


    True but refer to the Memorandum of Guidance on the EAW Regs and you will see the importance of BS7671. If injury occurs then clearly the control measures were insufficiently robust. It will then be for the duty holder to demonstrate that they did all that was reasonably practicable to mitigate the risk. In doing so reference to guidance material like 7671 can assist in providing evidence of such a claim.

    Graham has also set out another crucial aspect that is often overlooked for the smaller jobs. We should be doing much more to factor the requirements of CDM in to our work activities!


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