GS38 is an HSE Guidance Note. It is NON-statutory, but......
Electricity at Work Regs 1989 specifically (Reg 14) which is statutory.
HSE GS38 defines the requirements for test instruments.
Two examples:
Doing a risk assessment for LIVE working, and decide to work LIVE, rather than dead, if you were using test instruments complaint with the requirements of GS38, you'd be seen to be complaint with Reg 14(c) EAWR.
Using non-compliant instruments, and with an incident occurring, it would most likely result in a prosecution against you under the same EAWR Reg 14 (c).
In your case, it's a mystery, to an extent why you wouldn't trust the initial precautions you were taking to ensure the circuit was dead - presumably you are intending to use another means of checking for current or voltage in a circuit in the first instance, or are you relying on the operation of a breaker or removal of a fuse?
The problem is this: Assuming you ARE relying on the operation of a breaker as the initial verification of the status of the circuit, and then proceed to use your volt stick to confirm the circuit is dead, and it isn't, AND it causes you to receive a shock, or injury, your initial means of verification will also NOT be GS38 complaint, and you would, in theory be liable to prosecution. If your Volt Stick was GS38 compliant, you'd not be, even though your initial method of verification is a bit Russian roulette anyway.
This will apply in ANY circumstance where you're not specifically working on your own equipment, under your own authority - i.e. any time a customer, member of public, or third party is involved in any capacity.
Long winded, but there it is.
