2. The Electrical Safety Act 2002
2.1 Electricity entities
2.2 Obligation of employer or self-employed person
2.3 Designer of electrical equipment and electrical installations
2.4 Manufacturer of electrical equipment
2.5 Importer of electrical equipment
2.6 Supplier of electrical equipment
2.7 Repairer or installer of electrical installations or electrical equipment
2.8 Person in control of electrical equipment
2.9 Workers
2.10 Obligations of other person
2.11 Requirement for electrical work licence
The Act imposes electrical safety obligations on persons for the electrical safety of others.
A person can have an electrical safety obligation in more than one capacity. For example, a corporation may have an obligation not only as a generation entity but also as an employer, supplier or person in control.
Where the Workplace Health and Safety Act 1995 (PDF, 766 KB) and the Electrical Safety Act 2002 (PDF, 788 KB) both apply, the Electrical Safety Act 2002 takes precedence.
2.1 Electricity entities
The Act imposes an obligation on electricity entities to ensure that their works:
- are electrically safe; and
- are operated in a way that is electrically safe.
Without limitation, this obligation includes requirements that the electricity entity inspects, tests and maintains the works.
2.2 Obligation of employer or self-employed person
The Act imposes an obligation on an employer and a self-employed person to ensure that his or her business or undertaking is conducted in an electrically safe way.
Without limitation, this obligation includes:
- ensuring that all electrical equipment used in conducting the person’s business or undertaking is electrically safe; and
- if the person’s business or undertaking includes electrical work, ensuring that all persons and property likely to be affected by the electrical work are electrically safe.
2.3 Designer of electrical equipment and electrical installations
The Act imposes an obligation on designers of electrical equipment or an electrical installation to ensure that:
- the electrical equipment or installation is designed to be electrically safe; and
- when the design leaves the designer, it is accompanied by information about how the electrical equipment or installation should be used to ensure that it is electrically safe.
- A designer has an additional obligation to comply with an electrical safety notification issued by the chief executive that applies to the designer.
2.4 Manufacturer of electrical equipment
The Act imposes an obligation on manufacturers of electrical equipment to ensure that:
- the processes followed for manufacturing the electrical equipment ensure that the electrical equipment, when made, will be electrically safe; and
- the electrical equipment, when made, is electrically safe. Without limitation, this includes ensuring the electrical equipment, when made, is tested and examined to ensure it is electrically safe.
A manufacturer has an additional obligation to comply with an electrical safety notification issued by the chief executive that applies to the manufacturer.
2.5 Importer of electrical equipment
The Act imposes an obligation on an importer of electrical equipment to ensure that the electrical equipment is electrically safe. Without limitation, this includes ensuring that the electrical equipment:
- is designed to be electrically safe; and
- is tested and examined to ensure it is electrically safe.
An importer has an additional obligation to comply with the requirements of an electrical safety notification issued by the chief executive that applies to the importer.
2.6 Supplier of electrical equipment
The Act imposes an obligation on the suppliers of electrical equipment to ensure that when the equipment leaves the supplier, it is accompanied by information about how the electrical equipment should be used to ensure electrically safe use.
A supplier has an additional obligation to comply with the requirements of an electrical safety notification issued by the chief executive that applies to the supplier.
2.7 Repairer or installer of electrical installations or electrical equipment
The Act imposes an obligation on repairers and installers of electrical equipment and electrical installations to ensure that:
- the way the electrical equipment or installation is installed or repaired is electrically safe;
- the processes followed for installing or repairing the electrical equipment or installation ensure that the electrical equipment or installation will be electrically safe. Without limitation, this includes ensuring that the electrical equipment or installation, is tested and examined to ensure it is electrically safe; and
- the electrical equipment or installation, when installed or repaired, is electrically safe.
2.8 Person in control of electrical equipment
The Act imposes an obligation on a person in control of electrical equipment to ensure the electrical equipment is electrically safe.
This obligation does not apply to a person in control of electrical equipment if the electrical equipment:
- is located at premises in which the person lives; or
- forms part of the works of an electricity entity.
2.9 Workers
At a place where electrical equipment is located, the Act imposes an obligation on a worker:
- to comply with instructions for the electrical safety of persons and property at the place given:
- by the worker’s employer; and
- to the extent the instructions are consistent with instructions given by the worker’s employer or by the person in control of the electrical equipment;
- to use personal protective equipment, if:
- the equipment is provided by the worker’s employer or the person in control of the electrical equipment for electrical safety purposes; and
- the worker is properly instructed in the use of the equipment provided;
- not to wilfully or recklessly interfere with or misuse anything provided for electrical safety at the place; and
- not to wilfully place any person, including the worker, at the place in electrical risk.
2.10 Obligations of other person
The Act imposes an obligation on persons at a place, other than a worker, where electrical equipment is located:
- to comply with electrical safety instructions given by the person in control of the electrical equipment;
- not to wilfully interfere with or misuse anything provided for electrical safety at the place; and
- not to wilfully place any person there at electrical risk.
2.11 Requirement for electrical work licence
A person must not perform or supervise electrical work unless -
- the person is the holder of an electrical work licence in force under this Act; and
- the licence authorises the person to perform the work. Maximum penalty – 400 penalty units.
Only an individual may be the holder of an electrical work licence.
A penalty unit has a dollar value determined by the Queensland Department of Justice and Attorney-General. At the date of publication, the value of a penalty unit was $100. Under the Penalties and Sentences Act 1992, if a corporation is found guilty of an offence, the Court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.
Last updated July 16, 2009
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