Commonwealth Consolidated Regulations

WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 161

  (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 subregulation   (5), with a safety observer present who has the competence and qualifications specified in subregulation   (4).

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   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)   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   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.

  (3)   For paragraph   (1)(b), the safe work method statement must:

  (a)   identify the electrical work; and

  (b)   specify 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 paragraph   (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 regulation   158(1)(a) that shows that there is no serious risk associated with the proposed work.