Regulation 5 of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) is an example of the type of strict liability regulation which the changes to Section 47 HSWA 1974 are targeting.

The terms of Regulation 5 are as follows,

“Regulation 5.—  Maintenance

(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.

(2) Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.”