Electrical Safety Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 300 Electrical Safety Act 2002 ELECTRICAL SAFETY AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Replacement of s 14 (Testing of electrical work) . . . . . . . . . . . . . . . . . . . . . 3 14 Testing of electrical equipment after electrical work. . . . . . . . . . . . . 3 4 Amendment of s 20 (Signs on switches and disconnection points) . . . . . . . 4 5 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 52 (Register of electrical licences). . . . . . . . . . . . . . . . . . . 5 9 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 55A Operation of trade contractor’s licence . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 59 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s 60 (Meaning of “direct contact”). . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 61 (Meaning of “exclusion zone”). . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 62 (Employer or self-employed person to ensure work is performed in accordance with requirements) . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 14 Insertion of new pt 4, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Consultation with persons in control of electrical lines 64A Requirement to consult . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Replacement of s 76 (Obligation to ensure safety of disconnected overhead electric line). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 76 Obligation to ensure safety of disconnected overhead electric line. . 10 16 Amendment of s 77 (Definitions for div 4) . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 Amendment of s 83 (Definitions for div 5) . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Amendment of s 152 (Reconnection of electrical installation to electricity source) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Amendment of sch 2 (Exclusion zones for electrical parts) . . . . . . . . . . . . . 12 20 Amendment of sch 4 (Clearance of overhead electric lines (other than low voltage service lines)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 21 Amendment of sch 8 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s3 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 1 Short title This regulation may be cited as the Electrical Safety Amendment Regulation (No. 1) 2002 . 2 Regulation amended This regulation amends the Electrical Safety Regulation 2002. 3 Replacement of s 14 (Testing of electrical work) Section 14— omit, insert — ‘14 Testing of electrical equipment after electrical work ‘ (1) This section applies if electrical work is performed on electrical equipment. ‘ (2) A person who performs part or all of the electrical work, and is responsible for bringing the electrical equipment to a state of readiness for connection to a source of electricity for use for its intended purpose, must ensure the electrical equipment is tested, as required under subsections (5) and (6). Maximum penalty—40 penalty units. ‘ (3) A licensed electrical contractor or electricity entity who performs the electrical work of connecting the electrical equipment to a source of electricity for use for its intended purpose must ensure the electrical equipment is tested as required under subsections (5) and (6). Maximum penalty—40 penalty units. ‘ (4) Subsection (3) does not require a distribution entity to ensure the testing of the electrical equipment if— (a) the electrical work is, or is part of, electrical work performed on an electrical installation; and (b) a licensed electrical contractor has given the distribution entity a certificate under section 158 1 about the testing of the electrical work performed on the electrical installation. 1 Section 158 (Certificate by licensed electrical contractor of test)

s4 4 s5 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 ‘ (5) The testing of the electrical equipment must be directed at ensuring that the electrical equipment, to the extent it is affected by the electrical work, is electrically safe. ‘ (6) If the electrical equipment is energised for testing, the person who performs the test must ensure persons not necessary for the testing are electrically safe.’. 4 Amendment of s 20 (Signs on switches and disconnection points) Section 20(3)— omit, insert — ‘ (3) The electrical worker must also ensure that— (a) the device, when in the open position, is locked; or Examples for paragraph (a) — • Using a personal lock to lock an air conditioner isolator in the open position • Using a locking device that stops a miniature circuit breaker from being closed • Placing a lockable shroud on the male inlet plug of electrical equipment. (b) other precautions are taken to stop the device being accidentally closed. Examples for paragraph (b) — • Disengaging a circuit breaker so that the circuit breaker is separated from the busbars • Removing circuit cables from the fuse or circuit breaker • Insertion of a mechanical restriction. ’. 5 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) Section 40(1)— insert — ‘(c) satisfy the chief executive the electrical work to be performed by the individual as a licensed electrical contractor is electrical work

s6 5 s8 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 the individual is authorised to perform under the individual’s electrical work licence.’. 6 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) Section 41(1)(c)— omit, insert — ‘(c) satisfy the chief executive electrical work to be performed by the partnership as a licensed electrical contractor is proposed to be— (i) performed by a qualified person for the partnership under the person’s electrical work licence; or (ii) supervised by a qualified person for the partnership who is authorised to perform the work under the person’s electrical work licence.’. 7 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) Section 42(1)(c)— omit, insert — ‘(c) satisfy the chief executive electrical work to be performed by the corporation as a licensed electrical contractor is proposed to be— (i) performed by a qualified person for the corporation under the person’s electrical work licence; or (ii) supervised by a qualified person for the corporation who is authorised to perform the work under the person’s electrical work licence.’. 8 Amendment of s 52 (Register of electrical licences) (1) After section 52(3)(f)— insert — ‘ Example for paragraph (f) — The conditions or restrictions on an electrical work licence. ’.

s 9 6 s 10 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 (2) After section 52(6)— insert — ‘ Example for subsection (6) — Publishing the register on the internet in a database form allowing consumers to obtain licensing details about electrical contractors, or allowing an employer to check the validity of an employee’s electrical work licence. ’. 9 Insertion of new s 55A After section 55— insert — ‘55A Operation of trade contractor’s licence ‘ (1) For the conduct of a business or undertaking that includes the performance of electrical work, a person is taken to be the holder of an electrical contractor licence to the extent that performance of the electrical work is a necessary part of, or is incidental to, the performance of work under a trade contractor’s licence. ‘ (2) In this section— “electrical work” does not include electrical installation work. “trade contractor’s licence” means a trade contractor’s licence under the Queensland Building Services Authority Regulation 1992 .’. 10 Amendment of s 59 (Definitions for pt 4) (1) Section 59— insert — ‘ “handling” includes any of the following— (a) carrying; (b) connected to, whether or not temporarily; (c) controlling; (d) holding; (e) lifting.’.

s 11 7 s 12 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 (2) Section 59, definition “operating plant” , after ‘purpose’— insert — ‘, unless the operation of the plant can not materially affect the distance between the plant and any electrical part in relation to which there is an exclusion zone under this part’. (3) Section 59, definition “operating plant” , at the end— insert — ‘ Example of plant that is not operating plant — • A furniture removal van under an electric line raising or lowering the electrically or hydraulically operated platform located at the rear of the van, if neither the platform nor anything on the platform rises above the roof of the van. ’. 11 Amendment of s 60 (Meaning of “direct contact”) Section 60(2)— omit, insert — ‘ (2) Operating plant is in “direct contact” with an electrical part if— (a) any part of the operating plant is touching the electrical part; or (b) anything the operating plant is handling is touching the electrical part. ‘ (3) A vehicle is in “direct contact” with an electrical part if— (a) any part of the vehicle is touching the electrical part; or (b) anything being carried or otherwise handled by the vehicle is touching the electrical part.’. 12 Amendment of s 61 (Meaning of “exclusion zone”) (1) Section 61(4)— renumber as section 61(7). (2) Section 61(3)— omit, insert — ‘ (3) For applying schedule 2 to operating plant, the operating plant includes anything the operating plant is handling.

s 12 8 s 12 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 ‘ (4) For applying schedule 2 to a vehicle, the vehicle includes anything the vehicle is carrying or otherwise handling. ‘ (5) For applying schedule 2 to operating plant operated by an authorised person or instructed person who does not have a safety observer or another safe system as required under the schedule, the authorised person or instructed person must be taken to be an untrained person. ‘ (6) However, the exclusion zone, for an electrical part, for operating plant operated by an authorised person or instructed person for the electrical part, is taken to be the same as the exclusion zone for an authorised person or instructed person for the electrical part if— (a) the operating plant is fitted with a device capable of stopping the operation of the operating plant immediately the operating plant is at the exclusion zone for an authorised person or instructed person for the electrical part; and (b) there is in place a safe system of work for the use of the operating plant; and (c) the safe system of work has been developed in consultation with persons who are broadly representative of industrial organisations of employees whose members commonly operate operating plant of the operating plant’s type; and (d) without limiting paragraph (b), the safe system of work ensures the device mentioned in paragraph (a)— (i) is operating properly; and (ii) is set for at least the correct exclusion zone distance.’. (3) Section 61— insert — ‘ (8) For applying schedule 2 to operating plant, a reference to ‘another safe system’ is a reference to a system of work that— (a) has been developed in consultation with persons who are broadly representative of industrial organisations of employees whose members commonly operate operating plant of the operating plant’s type; and (b) provides, for persons and property, the same level of electrical safety as, or a greater level of electrical safety than, the level of electrical safety provided with a safety observer.’.

s 13 9 s 14 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 13 Amendment of s 62 (Employer or self-employed person to ensure work is performed in accordance with requirements) Section 62(3), ‘Subsection (1)(b)’— omit, inser t— ‘Subsection (1)(b) and (d)’. 14 Insertion of new pt 4, div 3 After section 64— insert — ‘Division 3—Consultation with persons in control of electrical lines ‘64A Requirement to consult ‘ (1) This section applies if— (a) work is to be performed in the conduct of the business or undertaking of an employer or self-employed person; and (b) despite the requirements of section 62, there is a reasonable likelihood the performance of the work could involve— (i) a person coming into direct contact with an overhead electric line; or (ii) operating plant or a vehicle coming into direct contact with an overhead electric line; or (iii) a person coming within the exclusion zone for the person for an overhead electric line; or (iv) operating plant or a vehicle coming within the exclusion zone for the operating plant or vehicle for an overhead electric line. ‘ (2) The employer or self-employed person must give the person in control of the overhead electric line written notice of the employer or self-employed person’s intention to perform the work. Maximum penalty—40 penalty units. ‘ (3) The person in control of the overhead electric line must, within 7 days after receiving the written notice under subsection (2), give the

s 15 10 s 15 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 employer or self-employed person a safety advice about the performance of the work. Maximum penalty—40 penalty units. ‘ (4) The employer or self-employed person must not allow the work to be started before the employer or self-employed person has received the safety advice from the person in control of the overhead electric line, unless the employer or self-employed person has a reasonable excuse. Maximum penalty—40 penalty units. ‘ (5) In this section— “safety advice” , about the performance of work in the conduct of the business or undertaking of an employer or self-employed person, means a written notice advising how, as well as complying with this regulation, the employer or self-employed person can best ensure the electrical safety of persons and property in the performance of the work. Examples of what might be included in a safety advice — • Advice recommending de-energising the overhead electric line while the work is being performed, and explaining how this can be arranged • Advice recommending relocating the overhead electric line or replacing the overhead electric line with an underground cable, and explaining how this can be arranged • Advice recommending erecting physical barriers to enclose the overhead electric line, and explaining how this can be arranged. ’. 15 Replacement of s 76 (Obligation to ensure safety of disconnected overhead electric line) Section 76— omit, insert — ‘76 Obligation to ensure safety of disconnected overhead electric line ‘ (1) The person in control of an overhead electric line must take all reasonable steps to ensure that, if the line is disconnected from its electricity supply, the line is— (a) dismantled as soon as practicable after disconnection; or (b) maintained so it is electrically and mechanically safe. Maximum penalty—40 penalty units.

s 16 11 s 17 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 ‘ (2) In this section— “overhead electric line” does not include an overhead electric line owned by an electricity entity.’. 16 Amendment of s 77 (Definitions for div 4) Section 77, definition “transferor” — omit, insert — ‘ “transferor” , of residential land, means— (a) if, immediately before the transfer date for the residential land, a mortgagee in possession under the Property Law Act 1974 is in possession of the land—the mortgagee in possession; or (b) otherwise—the person registered, immediately before the transfer date for the land— (i) under the LandAct1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (ii) under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.’. 17 Amendment of s 83 (Definitions for div 5) Section 83, definition “specified electrical equipment” — omit, insert — ‘ “specified electrical equipment” means— (a) for the performance of class 2 work— (i) a cord extension set with a current rating of not more than 20 amps; or (ii) a portable outlet device with a current rating of not more than 20 amps; or (iii) electrical equipment, other than a portable safety switch, that— (A) has a current rating of not more than 20 amps; and (B) is connected by a flexible cord and plug to low voltage supply; and

s 18 12 s 19 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 (b) for the performance of class 3 work or class 4 work— (i) a cord extension set with a current rating of not more than 20 amps; or (ii) a portable outlet device with a current rating of not more than 20 amps; or (iii) electrical equipment, other than a portable safety switch, that— (A) has a current rating of not more than 20 amps; and (B) is connected by a flexible cord and plug to low voltage supply; and (C) is moved during its normal use for the purpose of its use.’. 18 Amendment of s 152 (Reconnection of electrical installation to electricity source) Section 152(3), after ‘distribution entity’— insert — ‘or inspector’. 19 Amendment of sch 2 (Exclusion zones for electrical parts) (1) Schedule 2, parts 2, 4 and 6, third column, heading, ‘with safety observer’— omit, insert — ‘with safety observer or another safe system’. (2) Schedule 2, part 2, entry for +/- 400 kV, ‘1 900’— omit, insert — ‘2 900’. (3) Schedule 2, part 4, ‘1 000’— omit, insert — ‘(No exclusion zone prescribed)’.

s 20 13 s 21 Electrical Safety Amendment Regulation (No. 1) 2002 No. 300, 2002 20 Amendment of sch 4 (Clearance of overhead electric lines (other than low voltage service lines)) Schedule 4, note 1— omit, insert — ‘ Note 1— For this schedule, a conductor is taken to be insulated if it is insulated in accordance with AS/NZS 5000.1 (Electric cables—Polymeric insulated—For working voltages up to and including 0.6/1 kV) or ASNZS 3560.1 (Electric cables—Cross-linked polyethylene insulated—Aerial bundled—For working voltages up to and including 0.6/1(1.2) kV). Otherwise, it is taken to be uninsulated.’. 21 Amendment of sch 8 (Dictionary) Schedule 8, definition “insulated cable” — omit, insert — ‘ “insulated cable” means an insulated aerial cable complying with AS/NZS 5000.1 (Electric cables—Polymeric insulated—For working voltages up to and including 0.6/1 kV) or ASNZS 3560.1 (Electric cables—Cross-linked polyethylene insulated—Aerial bundled—For working voltages up to and including 0.6/1(1.2) kV).’. ENDNOTES 1. Made by the Governor in Council on 7 November 2002. 2. Notified in the gazette on 8 November 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2002