The industry has sought clarification around Regulation 26 after different provisions appeared to apply to equipment being provided for patrons compared to equipment used by employees.
The motel and camping sector has asked for clarification around the provisions of Regulation 26 of the Electricity (Safety) Regulations 2010(external link) (ESRs) as they apply to equipment located in motel units and cabins that are for the use of patrons but that may be used or serviced by staff and the use of electrical equipment by staff in motel units.
Clarification is sought because different provisions appear to apply to equipment being provided for patrons compared to equipment used by employees.
Regulation 26 is structured principally around risk and the ability to control the electrical infrastructure. It provides two alternatives –Regulation 26 (3) (a) or (b) - for equipment provided for the use of occupiers (patrons) but only recognises one option - Regulation 26 (2) - for employment situations. The recognition of RCD protection is not provided for workplaces.
In accommodation facilities, such as Motels, the provisions of Regulation 26 (3) of the ESRs would not be considered to be inadequate to provide protection for employees who use, or perform work on, (such as cleaning), or work in the presence of, electrical equipment located in accommodation facilities. This would also apply to other equipment that is provided for principal use by employees for carrying out their work, such as vacuum cleaners where that work is carried out within parts of the premises that are leased to patrons.
The provisions of Regulation 26 (2) would, however, apply to equipment that is provided for principal use by employees for carrying out their work, in other parts of the premises.