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Office of Fair and Safe Work Queensland
Department of Justice and Attorney-General
Home > Electrical Safety > Law and penalties > Code - Working Near Exposed Live Parts

Code – Working Near Exposed Live Parts

1. Introduction

1.1 Important dates
1.2 What is a Code of Practice?
1.3 What is this Code about?
1.4 What is "working near exposed live parts"?
1.5 Obligations under the Electrical Safety Act 2002
1.6 How can I meet my obligations?
1.7 Defences for failing to meet your electrical safety obligation
1.8 Penalty for failure to meet your electrical safety obligation

1.1 Important dates

This Code of Practice:

1.2 What is a Code of Practice?

A Code of Practice is a document made under the Electrical Safety Act 2002 (PDF, 788 KB) (the Act). It gives practical advice on ways to discharge electrical safety obligations. Included in a Code are ways to identify and manage exposure to risks of injury and property damage caused, directly or indirectly, by electricity.

1.3 What is this Code about?

The Code gives practical advice on ways to manage electrical risk when working near exposed live parts. This Code will apply to people such as plant operators, painters, people erecting or working on scaffolds, sign makers and people working with irrigation pipes near exposed live parts. The practical guidance provided in this code may be relevant to electrical workers when they are performing electrical work near another exposed live part, eg installing the electrics on a bill board next to electric lines.

This Code does not apply to electrical workers working on exposed live parts, eg an electrician performing faultfinding work on a live switchboard. A Code of Practice for Electrical Work has been developed to provide practical advice to electrical work.

1.4 What is "working near exposed live parts"?

For high voltage, there is a risk of electrical arcing even if a person does not actually come into contact with an exposed live part. Consequently the regulation sets exclusion zones. For high voltage situations, a person is working near exposed live parts when that person is likely, either directly or through any conducting medium, to enter the exclusion zone.

For low voltage, a person is working near exposed live parts when that person is likely, either directly or through any conducting medium, to enter the exclusion zone or to contact the exposed live part.

A part is:

exposed where it is bare or not effectively insulated or guarded by a fixed barrier or an earthed metal shield;

live until it is isolated and proven to be de-energised and not likely to become re-energised. If the part is a high-voltage conductor, it is considered live until it is earthed; and

electrical part means:
  1. an exposed part; or
  2. an overhead insulated electric line.

1.5 Obligations under the Electrical Safety Act 2002

The Act imposes obligations on persons who may affect the electrical safety of others by their acts or omissions.

For example, an employer has an obligation to ensure his or her business or undertaking is conducted in an electrically safe way. This includes identifying electrical hazards, assessing the risk of injury or property damage that may be attributed to hazards, and taking necessary actions to minimise risk exposure. The full list of obligation holders under the Act is included in Section 2 of this Code.

1.6 How can I meet my obligations?

Under the Act, there are three ways you can meet your electrical safety obligations – either through regulations, ministerial notices or codes of practice. Where applicable, you must comply in the following manner to meet your obligations:

  1. if a regulation is identified as prescribing a way of discharging your electrical safety obligation, you will fail to meet your obligation if you contravene the regulation.
  2. if a ministerial notice prescribes a way of meeting an electrical safety obligation in relation to an electrical risk, you will fail to meet that obligation if you contravene the ministerial notice.
  3. if a code of practice states a way of meeting your electrical safety obligation, you will fail to meet that obligation if you:
    • contravene the code or act in a way inconsistent with the code;
    • do not follow a way that is equally effective to, or more effective than, the code of practice for discharging your electrical safety obligation.

You should also refer to Section 4 of this code on risk management for meeting your obligations generally.

1.7 Defences for failing to meet your electrical safety obligation

If charged with a breach of obligation, you can provide a valid defence by establishing that the offence was due to causes beyond your control. In this instance, you cannot claim as a defence those sections of the Criminal Code relating to an accidental act or omission, or a mistaken belief.

Where there was no regulation, code of practice or ministerial notice that told you how to meet your electrical safety obligation under the circumstances, you can seek to establish that you chose an appropriate way, took reasonable precautions and exercised proper diligence to discharge the safety obligation.

1.8 Penalty for failure to meet your electrical safety obligation

A maximum penalty for failing to discharge an electrical safety obligation is:

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