Changes to the Electrical Safety Act 2002 and a new Electrical Safety Regulation 2013 will come into effect on 1 January 2014.
The amended Electrical Safety Act 2002 (ES Act)
On 1 January 2014 an amended Electrical Safety Act 2002 (PDF, 923 KB) (the ES Act) will come into effect.
The amendments do not significantly change requirements for electrical safety in Queensland. In addition, any 'person conducting a business or undertaking' will already be familiar with many of the changes that have been in use since the WHS Act commenced on 1 January 2012.
Compare the changes to the amended ES Act (PDF, 228 KB)
The amended ES Act will adopt terms and concepts from the Work Health and Safety Act 2011 (PDF, 766 KB) .
- Definitions
Definitions for the new terminology to be introduced in the ES Act. - Duties
The new ES Act will impose electrical safety duties. - Due diligence
Specific duties on officers of corporations and unincorporated bodies. - Penalties
Three new categories of offence; 1, 2 and 3 will align with the offence provisions in the WHS Act.
A summary of key changes include:
- the term 'duty' replaces 'obligation'.
- duties are subject to 'so far as is reasonably practicable' (by reference to the meaning of 'electrically safe' and 'free from electrical risk'). This is consistent with the concept of as low as is reasonable achievable.
- a new proactive duty on executive officers consistent with the duty imposed under the Work Health and Safety Act 2011.
- new meaning of 'worker' and 'other person' - Workers include employees, contractors or subcontractor, employees of a contractor or subcontractor, employees of labour hire companies assigned to work in the person's business or undertaking, outworkers, apprentices or trainees, work experience students and volunteers.
- electrical safety enforceable undertakings requirements consistent with the Work Health and Safety Act 2011.
- inspectors have similar powers of entry, seizure and investigation for the purposes of ensuring compliance with electrical safety legislation.
- a new range of sentencing options for the courts, including adverse publicity orders, restoration orders, electrical safety projects, injunctions and training orders.
- a new statutory notice, non-disturbance notice will be available to allow inspectors to secure an incident scene.
- persons seeking an external review of a decision can now apply to Queensland Civil and Administrative Tribunal (QCAT) rather than the industrial court.
More information: http://www.justice.qld.gov.au/fair-and-safe-work/electrical-safety/laws-and-compliance/changes-to-the-electrical-safety-laws