Electrical Safety Amendment Regulation (No. 1) 2006 (Qld)

Queensland Electrical Safety Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 14 made under the ElectricalSafetyAct2002 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 80A Installation of approved safety switch if residential tenancy agreement entered into or to be entered into 3 5 Amendment of s 83 (Definitions for div 5) . . . . . . . . . . . . . . . . . . 4 6 Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 83A Meaning of rural industry work . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 85 (Cord extension sets and flexible cables). . . 8 8 Amendment of s 90 (Specified electrical equipment) . . . . . . . . . . 8 9 Insertion of new ss 90A and 90B . . . . . . . . . . . . . . . . . . . . . . . . . 9 90A Manufacturing work—safety switch . . . . . . . . . . . . . . 10 90B Exemption for safety switches . . . . . . . . . . . . . . . . . . 10 10 Amendment of s 91 (Safety switches, including portable safety switches) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Amendment of s 94 (Safety switches, including portable safety switches) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Insertion of new pt 5, div 5, sdivs 6 and 7 . . . . . . . . . . . . . . . . . . 11 Subdivision 6 Amusement work 94A Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 13 14 Schedule 94B Double adaptors and piggyback plugs prohibited. . . . 94C Specified electrical equipment . . . . . . . . . . . . . . . . . . 94D Amusement devices and amusement rides . . . . . . . . 94E Safety switches, including portable safety switches . . Subdivision 7 Rural industry work 94F Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . 94G Requirements for rural industry work . . . . . . . . . . . . . Insertion of new s 211AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211AA Provision of information by Residential Tenancies Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 13 14 15 15 17 17 17 19

s1 3 s4 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 1 Short title This regulation may be cited as the Electrical Safety Amendment Regulation (No. 1) 2006 . 2 Commencement This regulation commences on 1 March 2006. 3 Regulation amended This regulation amends the Electrical Safety Regulation 2002. 4 Insertion of new s 80A After section 80— insert— ‘80A Installation of approved safety switch if residential tenancy agreement entered into or to be entered into ‘(1) Subsection (2) applies if— (a) a residential tenancy agreement is entered into for residential land after 28 February 2006 and before 1 March 2008; and (b) the owner of the residential land is aware of the residential tenancy agreement; and (c) a general purpose socket-outlet was installed in the domestic residence on the residential land before 1 June 1992; and (d) when the residential tenancy agreement is entered into an approved safety switch is not installed for the general purpose socket-outlet. ‘(2) The owner of the residential land must ensure an approved safety switch is installed for the general purpose socket-outlet by the earlier of the following— (a) 6 months after the agreement was entered into; (b) the end of 29 February 2008. Maximum penalty—15 penalty units.

s5 4 s5 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 ‘(3) Subsection (4) applies if— (a) a residential tenancy agreement for residential land is proposed to be entered into on or after 1 March 2008; and (b) the owner of the residential land is aware of the proposed residential tenancy agreement or that the proposed residential agreement has been entered into; and (c) a general purpose socket-outlet was installed in the domestic residence on the residential land before 1 June 1992; and (d) an approved safety switch is not installed for the general purpose socket-outlet. ‘(4) The owner of the residential land must ensure an approved safety switch is installed for the general purpose socket-outlet as soon as practicable after becoming aware of the proposed residential tenancy agreement or that the proposed residential agreement has been entered into. Maximum penalty—15 penalty units. ‘(5) In this section— owner , of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land— (a) under the LandAct1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (b) under the LandTitleAct1994, as an owner, or the personal representative of an owner, of the land. residential tenancy agreement has the meaning given by the Residential Tenancies Act 1994.’. 5 Amendment of s 83 (Definitions for div 5) (1) Section 83, definitions, class 1 work , class 2 work, class 3 work and class 4 work — omit.

s5 5 s5 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (2) Section 83— insert— ‘ amusement device means an amusement device as defined in AS 3533.3. 1 amusement ride means an amusement ride as defined in AS 3533.3. amusement work means work, other than work performed by a non-profit organisation, to assemble, operate or disassemble any of the following on the site on which it is used, intended to be used or has been used— (a) an amusement device or amusement ride; (b) a thing used to provide amusement activities, including side show activities, associated with— (i) carnivals, fairs or shows; or (ii) amusement arcades or similar places; Example of side show activities — providing hamburgers, fairy floss or massages in a side show (c) a thing used to provide entertainment or advertising activities, in temporary sites, associated with shows, fairs or carnivals. construction work means— (a) construction work within the meaning of the WHS Act, section 14, other than amusement work or rural industry work; or (b) work done in conjunction with construction work mentioned in paragraph (a). Example of paragraph (b) — installation of plumbing in a house under construction manufacturing work means the work of assembly, disassembly, fabrication, installation, maintenance, 1 AS 3533 (Amusement rides and devices) part 3 (In-service inspection)

s5 6 s5 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 manufacturing, refurbishment or repair, but does not include amusement work, construction work or rural industry work. Examples — • installing the interior fittings of a shop • manufacturing clothes • repairing leaking pipes non-profit organisation means an organisation that is not carried on for the profit or gain of its individual members. Example of entities that may be non-profit organisations — charities, churches, clubs, environment protection societies rural industry work see section 83A. service work means work that is not amusement work, construction work, manufacturing work, office work or rural industry work. Examples — • cleaning a motel • cooking in a restaurant • providing health services at a health facility • selling goods from a shop • teaching at an education facility • caring for children at a child care centre.’. (3) Section 83, definition construction wiring , after ‘construction work’— insert — ‘, within the meaning of the WHS Act, section 14,’. (4) Section 83, definition specified electrical equipment , paragraph (a), from ‘class 2 work’ to ‘20 amps; or’, second mention— omit, insert— ‘amusement work, manufacturing work or rural industry work, the following equipment (other than an amusement device or amusement ride)—

s6 7 s6 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (i) a cord extension set with a current rating of not more than 20 amps; (ii) a portable outlet device with a current rating of not more than 20 amps;’. (5) Section 83, definition specified electrical equipment , paragraph (b), ‘class 3 work or class 4 work’— omit, insert— ‘office work or service work’. 6 Insertion of new s 83A Part 5, division 5, subdivision 1, after section 83— insert— ‘83A Meaning of rural industry work ‘(1) Rural industry work is work— (a) in the cultivation of any agricultural crop or product whether or not grown for food; or (b) in the rearing and management of farm animals, for example, livestock, bees or worms; or (c) in the classing, scouring, sorting or pressing of wool; or (d) that is aquaculture; or (e) in flower or vegetable market gardens; or (f) at clearing, fencing, trenching, draining or otherwise preparing land for anything stated in paragraph (a), (b), (d) or (e). ‘(2) Rural industry work includes work that is construction work, manufacturing work or office work performed for the purposes of an activity mentioned in subsection (1) if the work is— (a) performed by an employer or self-employed person, including by his or her employee, carrying on the business or undertaking in which the product of the construction work, manufacturing work or office work is to be used; and

s7 8 s8 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (b) performed on premises on which the product of the construction work, manufacturing work or office work is to be used. Examples of construction work or manufacturing work for subsection (2) — • repairing farm machinery, for example, tractors or implements • making farm machinery, for example, cattle crushes, spray booms or fruit picking booms • building sheds ‘(3) Rural industry work does not include work to which rural industry work is only incidental. Examples — • work in carrying on a farm stay • work in conducting a tour associated with rural industry work’. 7 Amendment of s 85 (Cord extension sets and flexible cables) Section 85(1)(a), ‘and’— omit, insert— ‘or’. 8 Amendment of s 90 (Specified electrical equipment) (1) Section 90(1)(b)— omit, insert— ‘(b) either— (i) if the specified electrical equipment is connected to a socket-outlet that is in a permanent workplace under the control of the employer or self-employed person— (A) until the end of 29 February 2008—the specified electrical equipment is connected to a type 1 safety switch or type 2 safety switch; or

s9 9 s9 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (B) on or after 1 March 2008—the specified electrical equipment is connected to a socket-outlet for which a type 1 safety switch, or type 2 safety switch, that is not portable, is installed; or (ii) if the specified electrical equipment is connected to a socket-outlet that is not in a permanent workplace under the control of the employer or self-employed person—the specified electrical equipment is connected to a type 1 safety switch or type 2 safety switch. Example of a workplace that is not under the control of the employer or self-employed person — the premises of a customer of the employer or self-employed person visited by a service technician of the employer or self-employed person ‘(1A) However— (a) subsection (1)(b)(i)(B) does not apply if the employer or self-employed person is exempted under section 90B; and (b) subsection (1)(b)(i) and (ii) do not apply to a socket-outlet that is— (i) more than 2.3m above the floor; and (ii) provided for the purpose of supplying electricity to a luminaire or to electrical equipment with a power rating of not more than 150W.’. (2) Section 90(1), examples— omit, insert— ‘ Examples of specified electrical equipment used to perform manufacturing work— • a hand held grinder plugged into a socket-outlet • a hand held electric drill plugged into a socket-outlet that is used for drilling holes in steelwork in a light engineering workshop’. 9 Insertion of new ss 90A and 90B After section 90—

s 9 10 s 9 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 insert— ‘90A Manufacturing work—safety switch ‘(1) This section applies if— (a) manufacturing work is the primary work performed at the workplace; and (b) a socket-outlet with a current rating of not more than 20 amps is installed and supplies electricity to the workplace; and (c) the socket-outlet is— (i) not more than 2.3m above the floor; and (ii) not provided for the purpose of supplying electricity to a luminaire or to electrical equipment with a power rating of not more than 150W. ‘(2) Subsection (3) applies if the manufacturing work is performed before 1 March 2008. ‘(3) The employer or self-employed person must have a type 1 safety switch, or type 2 safety switch, that is not portable, installed for the socket-outlet before 1 March 2008. Maximum penalty—15 penalty units. ‘(4) Subsection (5) applies if the manufacturing work is to be performed on or after 1 March 2008. ‘(5) Before performing the manufacturing work, the employer or self-employed person must have a type 1 safety switch, or type 2 safety switch, that is not portable, installed for the socket-outlet. Maximum penalty—15 penalty units. ‘(6) Subsection (3) or (5) does not apply if the employer or self-employed person is exempted under section 90B.’. ‘90B Exemption for safety switches ‘An employer or self-employed person is exempt from complying with section 90(1)(b)(i)(B) or 90A(3) or (5) if—

s 10 11 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (a) the employer or self-employed person is not the person in control of the electrical equipment to which the safety switch is to be installed to comply with the section; and (b) the employer or self-employed person has been unable to obtain permission from the person in control of the electrical equipment for the installation of the safety switch; and (c) for an exemption from complying with section 90(1)(b)(i)(B)—the specified electrical equipment is connected to a type 1 safety switch or type 2 safety switch.’. 10 Amendment of s 91 (Safety switches, including portable safety switches) Section 91(3)(a)— omit, insert— ‘(a) is tested by pushing the test button on the safety switch immediately after it is connected; and’. 11 Amendment of s 94 (Safety switches, including portable safety switches ) Section 94(3)(a)— omit, insert— ‘(a) is tested by pushing the test button on the safety switch immediately after it is connected; and’. 12 Insertion of new pt 5, div 5, sdivs 6 and 7 Part 5, division 5— insert— ‘Subdivision 6 Amusement work ‘94A Application of sdiv 6 ‘This subdivision applies to the performance of amusement work at a workplace.

s 12 12 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 ‘94B Double adaptors and piggyback plugs prohibited ‘(1) An employer or self-employed person must not use a double adaptor or piggyback plug. ‘(2) An employer must ensure the employer’s workers do not use a double adaptor or piggyback plug. ‘94C Specified electrical equipment ‘(1) An employer or self-employed person must ensure that specified electrical equipment of the employer or self-employed person at the workplace is not used to perform work unless— (a) it is inspected and tested by a competent person— (i) if the equipment is double insulated—at least once every year; or (ii) if the equipment is not double insulated—at least once every 6 months; and (b) it is connected to a type 1 safety switch or type 2 safety switch. ‘(2) If after inspecting and testing the electrical equipment under subsection (1)(a) a competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. ‘(3) If after inspecting and testing the electrical equipment under subsection (1)(a) a competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use. ‘(4) An employer or self-employed person must ensure that, for the purposes of the business or undertaking, a tag is not attached to specified electrical equipment that shows the day

s 12 13 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 by which the equipment must be reinspected and retested unless— (a) the equipment is new; or (b) both of the following apply— (i) the equipment has been inspected and tested by a competent person; (ii) the tag was attached by the competent person. ‘94D Amusement devices and amusement rides ‘(1) An employer or self-employed person must ensure that all or part of an amusement device or amusement ride that is electrical equipment connected to the electricity supply by a plug, of the employer or self-employed person at the workplace is not used to perform work unless— (a) it is inspected and tested by a competent person— (i) each time it is assembled on the site where it is intended to be used; and (ii) in any event at least once every 6 months; and (b) for a device or ride with a current rating of not more than 20 amps—it is connected to a type 1 safety switch or type 2 safety switch. ‘(2) An inspection and test under subsection (1)(a) must include the competent person— (a) deciding the safety of earthing, insulation and connections; and (b) deciding whether any safety switch complies with AS/NZS 3760 when tested; and (c) making a visual examination to decide the safety of the items of electrical equipment of the device or ride, including cabling, plugs, sockets, light fittings, enclosures and motors. ‘(3) If after inspecting and testing the electrical equipment under subsection (1)(a) a competent person decides the equipment is safe to use, the employer or self-employed person must ensure

s 12 14 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 the competent person immediately makes a written record of— (a) details of the test; and (b) the day by which the equipment must be reinspected and retested. ‘(4) If after inspecting and testing the electrical equipment under subsection (1)(a) a competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately— (i) attaches a durable, conspicuous sign to the equipment that warns people not to use the equipment; and (ii) makes a written record of details of the test; and (b) the equipment is immediately withdrawn from use. ‘(5) An employer or self-employed person must ensure that a written record is not made, with the authority of the employer or self-employed person, of the day by which the equipment must be reinspected and retested unless the equipment has been inspected and tested by a competent person. ‘94E Safety switches, including portable safety switches ‘(1) An employer or self-employed person must not use, or allow to be used, a safety switch unless it complies with AS/NZS 3760 when tested. ‘(2) An employer or self-employed person must ensure that each safety switch, other than a portable safety switch, the employer or self-employed person has at the workplace— (a) is tested by a competent person in accordance with AS/NZS 3760 immediately after it is connected; and (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘(3) An employer or self-employed person must ensure that each portable safety switch the employer or self-employed person has at the workplace—

s 12 15 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (a) is tested by pushing the test button on the safety switch immediately after it is connected; and (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘(4) If a safety switch is not working properly, the employer or self-employed person must ensure— (a) a durable tag is immediately attached to the safety switch that warns people not to use the safety switch; and (b) the safety switch is immediately withdrawn from use. ‘Subdivision 7 Rural industry work ‘94F Application of sdiv 7 ‘This subdivision applies to the performance of rural industry work at a workplace. ‘94G Requirements for rural industry work ‘(1) An employer or self-employed person must ensure that— (a) specified electrical equipment used by the employer or self-employed person is visually inspected for electrical safety defects before it is connected to a socket-outlet; and (b) if rural industry work is proposed to be performed, the proposed work is assessed to decide whether it involves a stated electrical risk factor; and (c) if the proposed work involves a stated electrical risk factor, control measures are implemented to prevent the electrical risk from the stated electrical risk factor; and (d) if specified electrical equipment is used by the employer or self-employed person that involves a stated electrical risk factor, the specified electrical equipment is— (i) connected to a type 1 safety switch or type 2 safety switch; or

s 12 16 s 12 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (ii) inspected and tested at least annually by a competent person and complies with AS/NZS 3760 when tested; and (e) control measures are implemented for the risk of electric shock or burns from electrical welding work performed in the employer or self-employed person’s business or undertaking, including the wearing of protective clothing, gloves and footwear. ‘(2) If after inspecting and testing the electrical equipment under subsection (1)(d)(ii) a competent person decides the equipment is safe to use, the employer or self-employed person must ensure the competent person immediately attaches a durable tag to the equipment that shows the day by which the equipment must be reinspected and retested. ‘(3) If after inspecting and testing the electrical equipment under subsection (1)(d)(ii) a competent person decides the equipment is not safe to use, the employer or self-employed person must ensure— (a) the competent person immediately attaches a durable tag to the equipment that warns people not to use the equipment; and (b) the equipment is immediately withdrawn from use. ‘(4) An employer or self-employed person must ensure that, for the purposes of the business or undertaking, a tag is not attached to specified electrical equipment that shows the day by which the equipment must be reinspected and retested unless— (a) the equipment is new; or (b) both of the following apply— (i) the equipment has been inspected and tested by a competent person; (ii) the tag was attached by the competent person. ‘(5) In this section— personally supported electrical equipment includes hand held, or carried, electrical equipment, for example, a back pack type vacuum cleaner.

s 13 17 s 14 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 stated electrical risk factor means any of the following— (a) use of plug-in electrical equipment in an unroofed area or wet area, for example, a hose down area; (b) use of personally supported electrical equipment if the electrical supply cord is subject to flexing while the equipment is being used; (c) use of plug-in electrical equipment that is exposed to environmental factors that subject the equipment to abnormal wear or deterioration. Example of environmental factors that subject equipment to abnormal wear or deterioration — • corrosive or other damaging dusts, for example, metal dust • corrosive chemicals in the air’. 13 Insertion of new s 211AA After section 211— insert— ‘211AAProvision of information by Residential Tenancies Authority ‘(1) The Residential Tenancies Authority may, if asked, give the chief executive information, obtained by it in performing its functions, that is relevant to a person’s compliance with section 80A. Example of the information that may be given — the address of the domestic residence ‘(2) In this section— Residential Tenancies Authority means the authority established under the Residential Tenancies Act 1994 , section 286.’. 14 Amendment of sch 9 (Dictionary) (1) Schedule 9, definitions class 1 work , class 2 work , class 3 work , class 4 work, construction work and rural industry— omit.

s 14 18 s 14 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 (2) Schedule 9— insert — ‘ amusement device , for part 5, division 5, see section 83. amusement ride , for part 5, division 5, see section 83. amusement work , for part 5, division 5, see section 83. construction work — (a) generally, see the WHS Act, section 14; or (b) for part 5, division 5, see section 83. manufacturing work , for part 5, division 5, see section 83. non-profit organisation , for part 5, division 5, see section 83. rural industry work , for part 5, divisions 5, see section 83. service work , for part 5, division 5, see section 83.’.

19 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 Schedule Minor amendments section 3 1 Part 5, division 5, subdivision 3, heading, ‘Class 1’— omit, insert — ‘ Construction ’. 2 Section 86, from ‘class 1 work’— omit, insert — ‘construction work at a workplace.’. 3 Part 5, division 5, subdivision 4, heading, ‘Class 2’— omit, insert — ‘ Manufacturing ’. 4 Section 88, ‘class 2’— omit, insert — ‘manufacturing’. 5 Part 5, division 5, subdivision 5, heading, ‘Class 3 or 4’— omit, insert — ‘ Service work or office ’. 6 Section 92, ‘class 3 work or class 4’— omit, insert — ‘service work or office’.

20 Electrical Safety Amendment Regulation (No. 1) 2006 No. 14, 2006 Schedule (continued) 7 Section 93(1), ‘class 4’— omit, insert — ‘office’. 8 Section 93(1), examples, ‘ class 3 ’— omit, insert — ‘ service ’. 9 Part 14, division 4— omit . ENDNOTES 1 Made by the Governor in Council on 16 February 2006. 2 Notified in the gazette on 17 February 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2006