Understanding The Legal Position

PAT Testing: The Legal Position

UK Law, PAT Testing and What You’re Actually Required To Do

When people talk about PAT Testing, the first question is almost always: “Is it a legal requirement?”

The short answer is no – PAT Testing itself is not a law. However, maintaining electrical equipment in a safe condition absolutely is a legal requirement. PAT Testing is one of the main ways that duty holders demonstrate they are meeting that responsibility.

The Electricity at Work Regulations (EAWR)

The Electricity at Work Regulations 1989 apply to virtually all workplaces and are the main piece of legislation covering electrical safety. They require that:

“All systems shall be maintained so as to prevent, so far as is reasonably practicable, danger.”

In practical terms, this means any electrical equipment used at work – from kettles and extension leads to power tools and IT equipment – must be safe to use and not present a risk of electric shock, burns, fire, or injury.

The regulations do not say you must carry out PAT Testing at fixed intervals, and they do not say you must use a particular method of testing. What they do say is that equipment must be maintained in a safe condition. How you achieve that is down to you – but you must be able to justify your approach.

The Health & Safety at Work Act

The Health and Safety at Work etc. Act 1974 places a general duty on employers and those in control of premises to ensure, so far as is reasonably practicable, the health and safety of employees and others who may be affected by their activities.

This includes:

  • Employees

  • Contractors

  • Visitors

  • Members of the public

In real terms, if someone is injured because of faulty electrical equipment that you provided or allowed to be used, you could be held responsible. Again, the law does not say “you must PAT test” – it says you must take reasonable steps to keep people safe.

Clearing Up a Common Myth

A very common misconception is:

“PAT testing is a legal requirement.”

It isn’t. There is no law called “the PAT Testing Act” and no regulation that specifically states “you must PAT test every year”. What is required by law is that electrical equipment is safe, and that you can demonstrate that you are managing electrical risks properly.

PAT Testing is simply a recognised, practical system for doing exactly that.

What the Law Actually Requires

In simple terms, the law requires that you:

  • Identify electrical risks

  • Take reasonable steps to reduce those risks

  • Maintain equipment in a safe condition

  • Act on faults when they are found

This normally involves a combination of:

  • Visual inspections

  • Formal inspections

  • Electrical testing where appropriate

  • Record keeping

There is no “one size fits all” approach. A computer in an office does not present the same risk as a 110V drill on a building site. This is why risk assessment is so important.

How PAT Testing Helps Demonstrate Compliance

PAT Testing provides a structured, documented approach to managing electrical safety. It helps you:

  • Identify damage, misuse, and deterioration

  • Spot dangerous equipment before it causes harm

  • Keep records showing that checks have been carried out

  • Prove that you are taking your responsibilities seriously

If the HSE ever investigate an incident, they will not ask “did you PAT test?” – they will ask:

“What system did you have in place to ensure electrical equipment was safe?”

Being able to show a sensible PAT Testing regime, backed up with records, training, and risk assessment, puts you in a very strong position.

HSE Guidance – Explained Simply

The Health & Safety Executive (HSE) do not issue fixed testing intervals. Instead, they recommend a risk-based approach. Their guidance makes it clear that:

  • Visual inspections are extremely important

  • Not all equipment needs the same level of testing

  • The environment and type of use matter

  • Competence is key

In other words, they want you to think, not just blindly follow a timetable.