Non-compliance is rife in the Australian cabling sector but the sheriff is nowhere to be seen. Ross McGrave takes a look at where the industry is heading and why a complaints-based system doesn’t work.

More than one third of all audited telecommunications cabling installations do not comply with regulations – and haven’t for more than a decade.

What’s worse, surveys conducted by registrars in that time consistently show that 35% of all installations being non-complaint is a conservative estimate.

Labelling this figure as “atrocious”, TITAB registrar Kevin Fothergill has called for the Australian Communications and Media Authority (ACMA) to increase its random audits and inspections, strengthen its regulatory role in demanding better outcomes from training and dismantle its complaints-based process to betterd deal with the problem.

Acknowledging that the 30-year-old act and regulations are still fit for purpose, Kevin says the ACMA should apply them “more rigorously” to improve industry standards when at least 20,000 unregistered cablers are seemingly operating without consequences.

“At the end of the day, that figure (of 35% non-compliance) would not be tolerated in any of the other utilities because like water, gas and electricity, telecommunications is an essential service,” he says.

TITAB, which represents more than 30,000 of the industry’s 72,000 registered cablers, is leading the case for reform under a co-regulatory partnership to avoid a ‘pink batts’-style scandal.

Kevin says TITAB’s staff and other registrars had effectively replaced the regulator and provided a “buffer” between cablers and the ACMA, advising on technical standards, best practice installations and eligibility criteria for registration.

Hence, the reason why Kevin believes registrars need better support from the ACMA when compliance breaches are identified.

Thankfully, the ACMA in late 2018 initiated a review, which “is being undertaken to ascertain whether the existing arrangements will continue to provide the most effective approach for managing risks associated with customer cabling, identify whether there are any issues or concerns with the existing arrangements, and assess whether there are better options available in light of current and emerging developments within the communications environment”.

Statistics tell the tale

Responding only to complaints made to it, the ACMA ensures minimum cabling requirements are in place to promote safety and maintain the integrity of the telecommunications network.

The ACMA’s 15 field-based inspectors appointed under the Radio communications Act and Telecommunications Acts have made 274 cabling inspections or
investigations since 2014-15, with the vast majority (190 at 187 sites) coming in 2016-17 when customer cabling was a priority compliance area (PCA).

The statistics before and after the PCA demonstrates the apathy with the complaints-based approach, Kevin says, with only 16 complaints lodged in 2014-15, 33 (2015-16), 23 (2017-18) and 12 (until May) in 2018-19.

An ACMA spokesperson says the non-compliance identified in the PCA was predominantly minor or technical in nature, and there were no significant safety risks.

“During the 2016-17 PCA program, the ACMA investigated 12 complaints for possible breaches of the Cabling Provider Rules. Warning notices were issued in four instances,” the spokesperson says.

“In 2017-18 … the ACMA issued four warning notices for minor breaches of the cabling provider rules arising from 21 investigations.”

But Kevin believes much more can be done to improve accountability, arguing the complaints-driven system is “fundamentally flawed” and instead calls for a third-party approach common in most sectors.

In a submission to the ACMA, TITAB states the compliance and enforcement policy is “not in reality implemented in any meaningful way” and concludes the situation “is almost certainly worse than acknowledged”.

“The time for change is here … the ACMA now needs to resume operating as a regulator” with the ability to rule on “technical standards, codes and elements of performance”.

Accident/s waiting to happen

With annual fatalities consistently in double digits, Kevin says the safety first message was not being heeded, particularly in roof spaces and below ground areas.

The Electrical Regulatory Authorities Council reported an average of 19 fatalities annually between 2000 and 2017. Of the 10 deaths in 2016-17 the main contributing factors related to deterioration of equipment or wiring, misuse or interference with equipment or wiring, and installation failure.

Likewise, Safe Work Australia reported there were between six and nine telecommunications worker fatalities annually between 2003 and 2016.

The National Electrical and Communications Association (NECA), which represents 26,000 cablers through its Australian Cabler Registration Services (ACRS) service, was succinct about non-compliant installations.

“To have no regulatory response to such breaches does not promote safety in the workplace and … exposes workers to unnecessary risks,” NECA chief executive Suresh Manickam says.

“Our electrotechnology industry still has a lot of work to do to achieve zero harm.”

Positive steps have been taken with the compulsory introduction of residual current devices (RCDs) in all cable installations from January 2019. RCDs immediately switch off electricity supply when it is “leaking to earth”, but they are far from foolproof and may take decades to retrofit in households and commercial premises.

Low-voltage wiring is another improvement, but still not without dangers.

Queensland and Western Australia have mandated depowering in the roof before work begins, but NECA says everyday safety issues remain. Besides exposure to live electricity and asbestos and hazards such as slips, trips and falls, workers must be wary of sharp objects, high temperatures, vermin and gas piping.

Kevin says litigation could lie ahead if things didn’t change.

“If we’re not careful, we could be stuck with another pink batts scenario (from 2009’s Home Insulation Program). It will only need someone to say this person was electrocuted or this person was injured because of the lack of licensing registration or a lack of training, inspections and audits,” Kevin says.

The history

Over the past 20 years, the world-class training programs at Telstra and its predecessors (Postmaster General Department, Austel and Telecom Australia) have been replaced by fee-for-service courses conducted by registered training organisations (RTOs) in the context of no national accreditation system.

“(Before 2000) the Australian Communications Authority had inspectors and auditors in every state and territory (up to eight in NSW, Victoria and Queensland, two or three in South Australia and Western Australia) but over time they had their budget cutbacks and cut front-line staff and a strict inspection regime in favour of a system of complaints,” Kevin says.

More guidance needed

The ACMA takes a hands-off approach with RTOs but mandates industry competencies and training requirements in the ACMA Cabling Provider Rules: Pathways to cabling registration.

But Australian Digital & Telecommunications Industry Association (ADTIA) secretary Dominic Schipano says there is a need for the ACMA to “provide guidance and authority for the registrars to manage the rules within the industry”.

“This may include providing “educative services” support in helping the cabler and business owners understand their roles and responsibilities and external audits,” he says.

In terms of training, ADTIA has recommended the ACMA develop an accredited program “as RTOs need guidance and support to deliver a nationally consistent course”.

A recent cablers survey found they sought: More industry-endorsed and standardised training outside of ‘normal’ classroom times; Improved regulations and audits to stop suspect cabling, with simpler processes to report bad practices; Greater industry liaison when updating standards; and More inspections with harsher action against unlicensed work.

Also emphasising that “the ACMA should play a stronger role in getting RTOs to deliver quality training”, TITAB states that telecommunications should be regulated to a similar degree as the electrical sector, particularly with the evolution of Power over Ethernet (PoE).

Training issues

Kevin says the recommended hours for competency-based training at a state level were an “anomaly in the system” as there was little chance for redress.

“RTOs can pump someone out in four days and receive the same amount of funding as those doing 120 hours at TAFE or elsewhere … We say the ACMA should step in and just say this is unsatisfactory. It’s easy. States have said these are the hours of training required and we want you to deliver them.

“I’ve been in this industry since I was 15 and I can tell you that the skill levels of people coming out of some RTO training are hopelessly inadequate and they often have to be hand-fed once they hit the job,” he says.

Many companies use mentors and a guide of 400 hours of practical experience before allowing staff to work independently in dangerous areas. ADTIA agrees:

“Clearly there is a major problem here … the links between quality outcomes and reduced training delivery times should be considered by the ACMA”.

The introduction of a probationary licence, reinforced by assessment at the end of the probationary period, may be one avenue for lifting standards. Recognition of complementary qualifications to CPR is another. This could include skills such as Coaxial or optical fibre cabling; Internet of Things (IoT) connections and 5G; home integration hubs; commercial applications in aged-care facilities, hospitals, airports, power plants; digital home health; solar and cybersecurity.

A time for reflection

The ACMA spokesperson says the review consultation period was extended to 15 February, and no timetable had been set to conclude its consideration of submissions.

“Some of the submissions received were very detailed and the ACMA is undertaking a comprehensive consideration of all of the issues raised  and, where needed, will undertake further discussions with submitters,” the spokesperson says.

“The authority will have regard to all of the matters raised in those submissions when deciding its future direction, including the growth of PoE.”