Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 161

How the work is to be carried out

    (1)     A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out—

        (a)     by a competent person who has tools, testing equipment and personal protective equipment that—

              (i)     are suitable for the work; and

              (ii)     have been properly tested; and

              (iii)     are maintained in good working order; and

        (b)     in accordance with a safe work method statement prepared for the work; and

        (c)     subject to subsection (5), with a safety observer present who has the competence and qualifications stated in subsection (4).

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (3)     For the purposes of subsection (1) (b), the safe work method statement must—

        (a)     identify the electrical work; and

        (b)     state hazards associated with that electrical work and risks associated with those hazards; and

        (c)     describe the measures to be implemented to control the risks; and

        (d)     describe how the risk control measures are to be implemented, monitored and reviewed.

    (4)     For the purposes of subsection (1) (c)—

        (a)     the safety observer must be competent—

              (i)     to implement control measures in an emergency; and

              (ii)     to rescue and resuscitate the worker who is carrying out the work, if necessary; and

        (b)     the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.

    (5)     A safety observer is not required if—

        (a)     the work consists only of testing; and

        (b)     the person conducting the business or undertaking has conducted a risk assessment under section 158 (1) (a) (Preliminary steps) that shows that there is no serious risk associated with the proposed work.



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