Your Duty of Care
The specific clauses of the OH&S Regulation 2001 that relate to testing and tagging are as follows:
Clause 41 Chapter 4 Part 4.2 Division 3
(1) A controller of premises must ensure that:
- (a) any electrical installation at the premises:
- (i) is safe at the time it is made available for use by an employer, or
- (ii) if not safe, is disconnected from the electricity supply and secured and the employer is informed that it is not safe, and
- (b) electrical installations containing live electrical components (such as control panels, switchrooms, switchyards and substations) are suitably secured to prevent inadvertent access
Clause 62 Chapter 4 Part 4.3 Division 7
(1) An employer must ensure that any risk of injury from electricity at a place of work is eliminated or, if elimination is not reasonably practicable, the risk is controlled.
(2) An employer must ensure that:
- (a) all electrical installations, electrical articles and associated equipment at a place of work are safe to use and are regularly inspected, tested and maintained to ensure they remain safe for use and are repaired or replaced if unsafe, and
- (b) plant is not used in conditions likely to give rise to electrical hazards, and
- (c) appropriate work systems are provided to prevent inadvertent energising of plant connected to the electricity supply.
Clause 64 Chapter 4 Part 4.3 Division 8
(1) An employer must ensure that a record is made and kept of all inspections and tests made and maintenance carried out on electrical articles and electrical installations required by this Part.
(2) In particular, the following information is to be recorded:
- (a) the name of the person who made the inspection or carried out the test or maintenance,
- (b) the date on which, or dates over which, the inspection was made or the test or maintenance was carried out,
- (c) the result or outcome of the inspection, test or maintenance,
- (d) the date by which the next inspection and test must be carried out.
The full OH&S Regulation is free for download and review at the NSW WorkCover website. Click here for the direct link.
The relevant standard for performing testing and tagging is AS/NZS 3760, this standard sets out the work performance level that is required for all testing and tagging work. The standard defines what tests need to be performed, how often the tests should be performed and what actions should be taken once an appliance has either passed or failed the tests.
As previously stated, appliance and RCD testing is a mandatory process by law. If it is not being performed, or it is not being performed to the correct standard then there is a possibility that fines may be issued for non-compliance. As everyone has a duty of care in regards to ensuring that every work place is compliant with OH&S issues it is possible for not only the company to receive fines, but also individuals who are deemed to have not been fulfilling their duty of care.
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