The Queensland Government’s Electrical Safety Office has issued a document indicating the forthcoming changes to the Electrical Safety Act 2002 and a new Electrical Safety Regulation 2013, which comes into effect on 1 January 2014, won’t “significantly change requirements for electrical safety in Queensland”.

The following is a transcript of that document:

Changes to the Electrical Safety Act 2002 include:

• ‘duty’ replaces ‘obligation’ and duties are subject to ‘so far as is reasonably practicable’ (by reference to the meaning of ‘electrically safe’ and ‘free from electrical risk’)
• a new proactive duty on executive officers consistent with the duty imposed under the Work Health and Safety Act 2011
• the definition of ‘worker’ is changed to be consistent with the WHS Act 2011
• electrical safety enforceable undertakings requirements are changed to be consistent with the WHS Act 2011
• a new range of sentencing options for the courts, including adverse publicity orders, restoration orders, electrical safety projects, injunctions and training orders
• a new non-disturbance notice to allow inspectors to secure an incident scene
• an external review of a decision applied for through the Queensland Civil and Administrative Tribunal rather than the industrial court.

The new Electrical Safety Regulation 2013 commences on 1 January 2014 and replaces the Electrical Safety Regulation 2002 (ES Regulation 2002). It features new provisions that reference the general risk management provisions of the Work Health and Safety Regulation 2011 (WHS Regulation).

Live work

Risk assessments are still required before performing live work and work must be carried out in accordance with a safe work method statement (SWMS) instead of a safe system. Transitional provisions preserve existing documented safe systems of work and are taken to be the SWMS from 1 January 2014.  Safety observers must be assessed as competent for rescue and resuscitation procedures during the previous 12 months (changing from six months in the 2002 regulation).

The requirement for rescue and resuscitation for workers who perform or assist in performing electrical work remains unchanged and a new requirement for PCBUs to ensure electrical equipment is de-energised before electrical work is carried out and making sure that it cannot be inadvertently re-energised.

High voltage live line work is unchanged, except high voltage live line work management plans which now refer to Australian Standards (replacing the withdrawn Energy Networks Association (ENA) guidelines). Testing and maintenance of test instruments and safety equipment is now addressed in the new code (with reference to manufacturer’s instructions).

Licensing

No significant changes, but some provisions have changed to remove duplication.

Overhead and underground electric lines

Adoption of the WHS Regulation provisions that require a PCBU at a workplace to ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance from overhead and underground electric lines. Where a safe distance cannot be maintained, the PCBU must conduct a risk assessment and implement control measures consistent with the risk assessment and consult with entities and their requirements, if any.

Exclusion zone distances remain unchanged and existing concepts and requirements for untrained, instructed and authorised persons are retained. As well, managing risk around exposed energised electrical parts is to be managed through application of risk management principles and the relevant code of practice.

Electrical installations

No change to existing requirements for testing and tagging and safety switches but there is a new duty on a PCBU to ensure that unsafe electrical equipment at a workplace is either permanently removed from use or not used until it is repaired and made safe.

Incident notification and reporting

No changes to what needs to be reported (serious electrical incident and dangerous electrical event) and no change to notification requirements for distribution entities.

Incident notification provisions will adopt the WHS Regulation reporting requirements (i.e. notification immediately after becoming aware of the incident).

Transitional provisions

A number of provisions are inserted to smooth the transition. Cathodic protection systems registered under the ES Regulation 2002 continue for the period of its registration under the ES Regulation 2013, and existing documented safe system of work for live work is taken to be the SWMS as required by the revised provisions.

Codes of practice

The existing electrical safety codes of practice will be updated to align with the new terms used by the ES Regulation 2013. Further details on the codes will be available later this year.