A new Electrical Equipment Safety System aimed at eliminating shock, injury and property damage resulting from the sale, supply and use of unsafe electrical equipment has been recommended by the Electrical Regulatory Authorities Council.
Electrical Regulatory Authorities Council (ERAC) has proposed that the new system be underpinned by nationally consistent performance-based legislation in each jurisdiction and comprehensive scheme rules. It contains a mixture of pre-market registration and postmarket enforcement.
The recommended approach to the equipment safety regime followed an extensive review by ERAC across Australia into current practices which have not kept pace with the changing profile of the equipment industry or with the rapid explosion of technology.
The current system was designed to accommodate a marketplace where most electrical equipment was manufactured and/or supplied in Australia.
Most electrical equipment is now imported from overseas, particularly Asia, while the emergence of internet retail sources such as eBay have also challenged the effectiveness of the system.
The review recommended that under the proposed system, equipment will be classified in three levels based on risk assessment, (level 1 – low risk, level 2 – medium risk and level 3 – high risk), with regular reviews of the need to reclassify equipment into a more appropriate risk level based on market experience.
The recommended system would require certain steps be taken prior to equipment being placed on the market.
The first step would require that all suppliers of (level 1, 2 and 3) equipment be registered on a national database. The second, would require all equipment classified as level 2 (medium risk) and level 3 (high risk) be registered on a national database.
Prior to submitting a Suppliers Declaration of Conformance to register equipment on the Registration Database, Responsible Suppliers need to hold or have access to specific Evidence of Conformance depending on the risk category of the equipment.
Registration results in the issue of unique supplier’s numbers and separate numbers for each item of equipment. These numbers are to appear as part of the Certification Trade Mark that is to be placed on the equipment.
ERAC says that post-market enforcement is to be consistent and highly harmonised across jurisdictions.
Surveillance and enforcement is to remain the prime responsibility of State and Territory regulatory authorities with a level of national coordination using a national database. Surveillance is to be substantially enhanced. The ERAC National Surveillance Plan will include check testing and be strengthened to include audits of Certificates of Conformance, Declarations, and underpinning documentation.
Nationally consistent penalties will be introduced for cases where unsafe, unregistered or incorrectly registered equipment is found in the marketplace.
Any jurisdiction will be able to act on behalf of all jurisdictions with respect to recalls, bans and the imposition of penalties.
ERAC has formed an Equipment Review Implementation Committee with membership including Victoria, South Australia, Western Australia, New Zealand and Queensland.
The Committee has said work is currently underway on a national Regulatory Impact Statement (RIS), scheme rules and a national database. It is expected that the RIS will be released for consultation with industry later this year. The RIS will model four options for different levels of implementation.
The scheme rules will be the governing document for the administration of the electrical equipment safety system. It is hoped that all regulatory authorities and certifying bodies are able to agree to abide by these nationally consistent scheme rules for electrical equipment approval and registration. This document will be going to ERAC’s Equipment Working Group for comment this year.
Victoria is also at present working on the implementation of a new database which may become the National Electrical Equipment Registration Database, providing improved surveillance for regulatory authorities.
Last updated 21 July 2009
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© The State of Queensland (Department of Justice and Attorney-General) 2009.
