Code of Practice for Works
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 an "electrical entity"?
1.5 Obligations under the Electrical Safety Act 2002
1.6 How can I meet my obligations?
1.7 Requirements of the Electrical Safety Regulation 2002
1.8 Defences for failing to meet an entity’s electrical safety obligation
1.9 Penalty for failure to meet an electrical safety obligation
1.1 Important Dates
This Code of Practice:
- Was made on 23 September 2002
- Commences on 1 October 2002
- Expires on 23 September 2012
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?
This Code gives practical advice on ways for an electricity entity to manage electrical safety risks associated with earthing systems, underground cable systems, and supporting structures for overhead lines forming parts of the works of an electricity entity.
1.4 What is an "electricity entity"?
Under the Electrical Safety Act 2002 (the Act), electricity entity means:
- a generation entity, transmission entity or distribution entity; or
- a special approval holder that is authorised under the Electricity Act 1994 to do something that a generation entity, transmission entity or distribution entity may do under that Act; or
- Queensland Rail (ABN 47 564 947 264).
1.5 Obligations under the Electrical Safety Act 2002
The Act imposes obligations on electricity entity ensure that its works are:
- electrically safe; and
- operated in a way that is electrically safe.
This obligation includes the requirement that the electricity entity inspects, tests and maintains the works.
Works of an electricity entity means the electrical equipment, and electric line associated equipment, controlled or operated by the entity to generate, transform, transmit or supply electricity.
An example of works of an electricity entity is an overhead distribution system of a distribution entity, including transformers and switches. Examples of what is not works of an electricity entity are appliances or fixed wiring in an electricity entity’s workshop or offices.
1.6 How can the entity meet its obligations?
Under the Act, there are three ways an entity can meet its electrical safety obligations – either through regulation, ministerial notices or codes of practice. Where applicable, the entity must comply in the following manner to meet its obligations:
- if a regulation is identified as prescribing a way of discharging an electrical safety obligation, the entity will fail to meet its obligation if it contravenes the regulation.
- if a ministerial notice prescribes a way of meeting an electrical safety obligation in relation to an electrical risk, the entity will fail to meet that obligation if it contravenes the ministerial notice.
- if a code of practice states a way of meeting its electrical safety obligation, the entity will fail to meet that obligation if it:
- contravenes the code or act in a way inconsistent with the code; and
- does not follow a way that is equally effective to, or more effective than, the code of practice for discharging the entity’s electrical safety obligation.
An electricity entity should also refer to section 4 of this code on risk management for meeting its obligations generally.
1.7 Requirements of the Electrical Safety Regulation 2002
Section 131 – Performance and other requirements for works.
The following requirements apply for the works of an electricity entity:
- the works must be able to perform under the service conditions and the physical environment in which the works operate;
- the works must have enough thermal capacity to pass the electrical load for which they are designed, without reduction of electrical or mechanical properties to a level below that at which safe operational performance can be provided;
- to the greatest practicable extent, the works must have enough capacity to pass short circuit currents to allow protective devices to operate correctly;
- the works must have enough mechanical strength to withstand anticipated mechanical stresses caused by environmental, construction or electrical service conditions;
- the works must be designed and constructed to restrict unauthorised access by a person to exposed live parts;
- design, construction, operation and maintenance records necessary for the electrical safety of the works must be kept in an accessible form;
- parts of the works whose identity or purpose is not obvious must be clearly identified by labels, and the labels must be updated as soon as possible after any change is made to the works;
- electrical equipment intended to form part of the works of an electricity entity must undergo commissioning tests and inspection to verify that the electrical equipment is suitable for service and can be operated safely.
1.8 Defences for failing to meet an entity’s electrical safety obligation
If charged with a breach of obligation, an entity can provide a valid defence by establishing that the breach was due to causes beyond its control. In this instance, the entity cannot claim as a defence those sections of the Criminal Code relating to an accidental act or omission, or a mistaken belief.
Where there is no regulation, code of practice or ministerial notice that tells the entity how to meet its electrical safety obligation under the circumstances, the entity can seek to establish that it chose an appropriate way, took reasonable precautions and exercised proper diligence to discharge its safety obligation.
1.9 Penalty for failure to meet an electrical safety obligation
A maximum penalty for failing to discharge an electrical safety obligation is:
- if the breach causes death or grievous bodily harm – 5x800 penalty units for the entity and 800 penalty units or two years’ jail for any executive officer;
- if the breach causes bodily harm – 5x500 penalty units for the entity and 500 penalty units or one year’s jail for any executive officer; or
- otherwise – 5x400 penalty units for the entity and 400 penalty units or 6 months’ jail for any executive officer.
Last updated July 28, 2005