Those of us involved in the lighting industry understand better than most the importance of compliance and the very real consequences of the work we do, writes Richard Shepherd.

The changed environment we now operate in has seen an evolving contractor-supplier relationship; access to an increasing number of products, which are not all compliant to Australian standards, particularly in the area of LED lighting; as well as greater exposure to personal and professional risk. All the while, Australian regulations, which are already among the most stringent globally, continue to tighten.

Not only does today’s contractor need to be competent from an installation perspective, but they also need to be aware of and understand their legal responsibilities and obligations in the area of compliance of electrical goods.

According to a survey conducted by the National Electrical and Communications Association (NECA), 75% of electrical contractors questioned said that they had come across non-compliant products being used in Australia, highlighting the extent of the problem. It is for this reason that supporting industry initiatives, like Does it Comply?, are integral to the solution.

The changing marketplace

A decade ago, the primary relationship a contractor had from a purchasing perspective was with their local wholesaler. While that critical relationship remains strong, today, thanks largely to e-commerce contractors have extended their purchasing network to include lone product importers and even direct with manufacturers, particularly where cost is the key factor in the buying decision.

The challenge with diversifying channels has meant that contractors are at greater risk of purchasing products that don’t meet Australia’s rigorous safety standards; a potential safety and liability minefield.

With so many products on offer and the added convenience, as well as significant price advantages, when purchasing online it is all too easy to forget or even disregard compliance.

Liability and consequences of non-compliance

It is crucial for contractors to remember what is at risk when purchasing and installing products that do not comply – customer safety, livelihood and reputation are just the tip of the iceberg.

In Australia, the liability for products that are found to be non-compliant to Australian standards falls on the manufacturer or importer or the product. However, if it can be proven that the electrical contractor knew that the product was non-compliant, some of the liability will also fall to them.

If it is the electrical contractor that purchases product from overseas, then the contractor is considered to be the importer of the product and therefore liable for damages that arise from its non-compliance.

It is important to note here that liability for incorrect installation of complaint products also falls to the contractor, not the manufacturer or importer.

With so much at stake, any upfront saving on a product purchase is therefore negligible in comparison to the potential financial and personal costs associated with installing a product that does not meet Australian standards.

Key considerations for choosing LED products and suppliers

The proliferation of LED lamps and luminaires available as well as first time suppliers entering the market has made it all the more difficult for electrical contractors to make informed choices.

For these reasons Lighting Council Australia has released a practical guide for assessing LEDs and LED suppliers, and making informed purchasing decisions. The Guide to Choosing LED products and suppliers shows both mandatory compliance (safety, warranty and EMC requirements) together with key voluntary aspects such as product performance.

A spotlight on EMC compliance

EMC compliance is one of the key areas identified by the Lighting Council in its guide to choosing LED products. Often the first time a contractor is made aware that a lighting product may not in fact be EMC compliant is when a customer complains that their TV flickers or the digital radio or Wi-Fi don’t work, every time they switch on their new LED downlights.

Electromagnetic compatibility (EMC) regulatory arrangements in Australia impose performance standards for radiofrequency emissions on most electrical, electronic and motor operated devices, including electric lighting products such as incandescent lamps, luminaires, LED lighting, fluorescent lighting and electronic ballasts that connect to low voltage and/or mains electricity supply.

Under the EMC regulatory arrangement, which is administered by the Australian Communications and Media Authority (ACMA), suppliers are obligated to ensure devices comply with specific emissions standards before being supplied to market. Contractors also have an obligation to install products that comply with those same standards.

However, when it comes to some aspects of lighting regulation and indeed self-regulation, some manufacturers and importers cut corners to keep product costs down and contractors either knowingly take risks or make assumptions about product compliance that can ultimately put their reputation and livelihood on the line.

The level of documented evidence (to demonstrate compliance with the regulatory arrangements) required to be maintained by a supplier varies depending on the risk of interference that may be expected from the device—high risk, medium risk or low risk.

According to ACMA, lighting devices including extra low voltage MR-16 configuration LED lamps*, self-ballasted LED lamps, self-ballasted compact fluorescent lamps, LED tubes* T8/T5 adaptors*, electronic ballasts, electronic converters for filament lamps are classified as ‘medium-risk’ devices; as is the case for LEDs and luminaires containing the above medium-risk items.

Contractors should always look for the Regulatory Compliance Mark (RCM) symbol on medium-risk items. For a product to carry the RCM ‘tick’ the ‘responsible supplier’ must be registered on the Electrical Regulatory Authorities Council (ERAC) National Database. The ‘tick’ is essentially a signal to the contractor that the product meets the relevant safety regulations including EMC compliance.

However, there are examples of where the RCM tick has been used by opportunistic importers on non-compliant product. So if there is any doubt, check the ERAC National Database and contact the supplier.

If an LED is EMC compliant for example, the supplier should be able to produce, upon request, the appropriate documentation to ‘prove’ that the product being supplied is EMC compliant. This includes a test report or technical construction file showing the device complies with an applicable technical standard as well as a declaration of conformity and description of the device.

Checking for compliance

EMC compliance and lighting product compliance more broadly in Australia tends to be ‘assumed’ rather than qualified. Knowing how to make informed decisions not only reduces personal risk, but also helps to stem the flow of non-compliant lighting products onto the Australian market.

Avoid non-compliant product by:

• Purchasing from a local reputable wholesaler (offline or online).
• Choosing well-known brands with a reputation for quality.
• Looking up the Electrical Equipment Safety System (EESS), a national database that records the registration details of responsible suppliers of electrical equipment in Australia and New Zealand.
• Watching out for obvious signs including no certification marks, no supporting compliance documentation forthcoming from the equipment supplier or unclear installation instructions.

It is important to note contractors still need to be mindful that even when purchasing well-known and reputable brands, the product must be approved for sale and use in Australia. Philips and other reputable manufacturers go through a lengthy approvals process to ensure product compliance in Australia. Although products may look similar on the surface, if they are not approved for use in Australia there are possibly differences in specifications and materials that could pose safety risks.

Become an advocate for compliance

Manufacturers and distributors, wholesalers and contractors, will need to work together to promote the message of compliance and ensure customers are in safe hands.

Contractors can get actively involved with electrical industry initiatives such as Does it Comply?, an initiative aimed at stamping out the use products that do not comply with Australian Standards. Visit www.doesitcomply.com.au, to complete the online training module.

For information on product compliance, or to report a suspected non-compliant or counterfeit product visit the Electrical Regulatory Authorities Council (ERAC) website www.erac.gov.au.

For updates on Australian Standards visit www.standards.org.au.

For individual product compliance details, contact the manufacturer or local distributor directly.

*items intended to replace halogen or fluorescent lamps.