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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
  • Thank you @gkenyon for the clarification.


    Thank you @everyone for the contributions...  'we' sometimes get challenged with situations where pragmatism seems set against idealistic [for good reason usually]  requirement of Regulation.


    For me, this was all focussed on proposing some mechanism in all contexts to being able to sign off  under BS7671, 'minor works' (e.g. one new socket or a lighting point in an existing run) when additional protection (RCD and perhaps coming AFDD at some point)  is not present and arguably/defensibly not pragmatic and uneccessary (so long as there is a check on virtue mania :-) ). Having a RCD makes it more safe (in most cases), but not having one is not [always] unsafe. It was not about doing so when adding a brand new circuit or a new board, ie not minor works, or more involved work where an EIC would be usual (or even when it may be reasonable to swap out and MCB for RCBO). As I say, it appears I am in a minority on this view and that's how it goes.


    Always best wishes to all.

Reply
  • Thank you @gkenyon for the clarification.


    Thank you @everyone for the contributions...  'we' sometimes get challenged with situations where pragmatism seems set against idealistic [for good reason usually]  requirement of Regulation.


    For me, this was all focussed on proposing some mechanism in all contexts to being able to sign off  under BS7671, 'minor works' (e.g. one new socket or a lighting point in an existing run) when additional protection (RCD and perhaps coming AFDD at some point)  is not present and arguably/defensibly not pragmatic and uneccessary (so long as there is a check on virtue mania :-) ). Having a RCD makes it more safe (in most cases), but not having one is not [always] unsafe. It was not about doing so when adding a brand new circuit or a new board, ie not minor works, or more involved work where an EIC would be usual (or even when it may be reasonable to swap out and MCB for RCBO). As I say, it appears I am in a minority on this view and that's how it goes.


    Always best wishes to all.

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