Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 150

  (1)   A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is:

  (a)   supplied with electricity through an electrical socket outlet; and

  (b)   used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (2)   In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking:

  (a)   is not required to comply with subregulation   (1); and

  (b)   must ensure that the equipment is inspected for obvious damage before being used.

Penalty:

  (a)   In the case of an individual--$3   600.

  (b)   In the case of a body corporate--$18   000.

Note 1:   However, electrical equipment that is unsafe must not be used (see regulation   149).

Note 2:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (3)   The person must ensure that a record of any testing carried out under subregulation   (1) is kept until the electrical equipment is:

  (a)   next tested; or

  (b)   permanently removed from the workplace or disposed of.

Penalty:

  (a)   In the case of an individual--$1   250.

  (b)   In the case of a body corporate--$6   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.

  (4)   The record of testing:

  (a)   must specify the following:

  (i)   the name of the person who carried out the testing;

  (ii)   the date of the testing;

  (iii)   the outcome of the testing;

  (iv)   the date on which the next testing must be carried out; and

  (b)   may be in the form of a tag attached to the electrical equipment tested.