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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
  • Legally, I think this boils down to (a) negligence; (b) criminal offences such as gross negligence manslaughter; and (c) H&S at work.


    EAWR 1989, the HSE Memorandum, and CDMR 2015 take care of (c). Essentially, if I employ you as an electrician, I must ensure that safe working practices are in place. I do not think that BS 7671 is particularly relevant. For example, IIRC, it does not describe the techniques of isolation, locking off, and proving dead; but if you do not do them and you (or anybody else) suffer an injury, as your employer, I will probably be liable.


    As for negligence, the essentials are a duty of care; a breach of the standard of care; and causation. The duty of care is usually pretty obvious - the electrician who does the work owes a duty to anybody who might foreseeable be affected by it. Causation may be disputed and that is where experts like JP come in. The standard is where BS 7671 comes in. If you have designed and installed (and verified) to the current version of BS 7671, you are unlikely to have been negligent if something goes wrong.


    The standard becomes more important at work, because not only may you be negligent, you (or your employer) may also have committed an offence under H&S law.


    The grey area is that the current BS 7671 is not an absolute standard.Courts do not expect perfection. Instead, the standard is that of a reasonable body of responsible electricians. Again, that is where experts like JP come in. They will explain not only the standard to the judge, but also the range of opinion that would be considered reasonable.


    So if you erected an installation without ADS, most of us would be horrified and if an injury occurred, you would get no support at all. If you erected a complete new installation without additional protection, I am afraid that it is unlikely that the range of opinion of reasonable responsible electricians would include that. However, extending a circuit without additional protection is something that would be considered reasonable. Of course, all the circumstances must be taken into consideration such as how the extension would affect loading and whether the additional expense of adding additional protection is proportionate.


    Judges are a pretty fair bunch of people - don't be afraid of them! ?
Reply
  • Legally, I think this boils down to (a) negligence; (b) criminal offences such as gross negligence manslaughter; and (c) H&S at work.


    EAWR 1989, the HSE Memorandum, and CDMR 2015 take care of (c). Essentially, if I employ you as an electrician, I must ensure that safe working practices are in place. I do not think that BS 7671 is particularly relevant. For example, IIRC, it does not describe the techniques of isolation, locking off, and proving dead; but if you do not do them and you (or anybody else) suffer an injury, as your employer, I will probably be liable.


    As for negligence, the essentials are a duty of care; a breach of the standard of care; and causation. The duty of care is usually pretty obvious - the electrician who does the work owes a duty to anybody who might foreseeable be affected by it. Causation may be disputed and that is where experts like JP come in. The standard is where BS 7671 comes in. If you have designed and installed (and verified) to the current version of BS 7671, you are unlikely to have been negligent if something goes wrong.


    The standard becomes more important at work, because not only may you be negligent, you (or your employer) may also have committed an offence under H&S law.


    The grey area is that the current BS 7671 is not an absolute standard.Courts do not expect perfection. Instead, the standard is that of a reasonable body of responsible electricians. Again, that is where experts like JP come in. They will explain not only the standard to the judge, but also the range of opinion that would be considered reasonable.


    So if you erected an installation without ADS, most of us would be horrified and if an injury occurred, you would get no support at all. If you erected a complete new installation without additional protection, I am afraid that it is unlikely that the range of opinion of reasonable responsible electricians would include that. However, extending a circuit without additional protection is something that would be considered reasonable. Of course, all the circumstances must be taken into consideration such as how the extension would affect loading and whether the additional expense of adding additional protection is proportionate.


    Judges are a pretty fair bunch of people - don't be afraid of them! ?
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