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It’s no surprise that most of us feel that each year passes more quickly than the last. As our lives move faster and faster in an everchanging technological world, it may seem surprising to know that Iffland Electrical has been established in our local area for over thirty two years servicing the electrical requirements of people within their homes and businesses throughout the community. Still family owned and operated, our company focuses on providing our clients with the best advice, service and value for money when it comes to electrical solutions for the home and work environments we spend countless hours living in. Our name and reputation are synonymous with the highest standards of excellence for our trade and we are multiple nominees’ and finalists in local business awards.

Iffland’s Electrical are proud of our long history and the fact we advertise our family name as our business gives our clients and the community the confidence and knowledge that engaging Ifflands is dealing with real local people with strong attachments to the local community. Our family name is the forefront of our business so you can be sure that choosing Iffland’s Electrical is your best decision and the right choice. Since our fledgling beginnings, our business has grown over the years to encompass a wider range of services other than just electrical for our clients. These include the supply, installation, repair and maintenance for a variety of services including Solar Panels, Commercial Washware and Cooking Equipment, Communications and Data Systems Security and CCTV Systems, MATV for free to air and pay tv systems. One of the many services we offer to our clients are any updates from within the industry that may impact the day to day operations within the homes and businesses each of us occupy each day. As such we would like to offer the following information for you to review regarding “safety switches” or RCDs and the current legislation as it exists for homes and businesses.

Work Health and Safety Regulation 2011– Electrical Equipment and Installations

On the 18th of February 2011 amendments were made to the Occupational Health and Safety Regulation of 2001 in Division 7 and published on the then NSW WorkCover website. These amendments listed the requirements for an employer to ensure the business provides a safe working environment for both the employer and staff. These requirements were specified in Clauses 62A and 62B of the OHS Amendment (RCD) Regulation 2011 and took effect on the 18th of February 2012. The legislation was revised under the Work Health and Safety Regulation (2011) in January 2013 and again in 2017 and updated as part of Chapter 4, Part 4.7, Divisions 3 and 6 – “Electrical Equipment and Installations” This revised legislation relates to electrical testing off electrical equipment and the installation of “safety switches” (or RCD’s) to protect all plug-in electrical items used by your staff and indeed the socket outlets themselves. That is, in layman’s terms, the general power points in your premises. The new legislation is very specific in its reference to both the employer and controller of the premises as to their responsibility in implementing and maintaining the new arrangements of the legislation.

Severe penalties can be imposed for those employers

and premise controllers (PCBUs) who may choose not to implement the new laws in their work environment.

We have provided a copy of the legislation below for your information. Either myself or my friendly staff would be happy to assist your business further with any clarifications concerning the introduction of any additional items or equipment necessary for your electrical installation to comply with the new legislation.

We will contact you to arrange a consultation with one of our representatives to discuss options and assist you.

I would like to thank you for your time in reviewing this letter and we look forward to helping you with a professional and cost effective solution for your business to implement the necessary changes to comply with the legislation.

Work Health and Safety Regulation 2017 (18 Dec 2020 Revision)

Clause 150 Inspection and testing of electrical equipment

  • A person conducting a business or undertaking at a workplace must ensure that electrical equipment is regularly inspected and tested by a competent person if the electrical equipment is—
  • Supplied with electricity through an electrical socket outlet, and
  • (used in an environment in which the normal use of electrical
    equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat,
    vibration, mechanical damage, corrosive chemicals or dust.
  • In the case of an individual—40 penalty units, or
  • In the case of a body corporate—210 penalty units.
  • (2) In the case of electrical equipment that is new and unused at the workplace, the person conducting the business or undertaking—
  • (a) is not required to comply with subclause (1), and
  • (b) must ensure that the equipment is inspected for obvious damage before being used.
  • Maximum penalty—
  • (a) in the case of an individual—40 penalty units, or
  • (b) in the case of a body corporate—210 penalty units.
  • Note—
  • However, electrical equipment that is unsafe must not be used (see clause 149).
  • (3) The person must ensure that a record of any testing carried out under subclause (1) is kept until the electrical equipment is—
  • (a) next tested, or
  • (b) permanently removed from the workplace or disposed of.
  • Maximum penalty—
  • (a) in the case of an individual—15 penalty units, or
  • (b) in the case of a body corporate—70 penalty units.
  • (4) The record of testing—
  • (a) must specify the following—
  • (i) the name of the person who carried out the testing,
  • (ii) the date of the testing,
  • (iii) the outcome of the testing,
  • (iv) the date on which the next testing must be carried out, and
  • (b) may be in the form of a tag attached to the electrical equipment tested.

Clause 151 Untested electrical equipment not to be used

A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that electrical equipment is not used if the equipment—

  • (a) is required to be tested under clause 150, and
  • (b) has not been tested.
  • (b) has not been tested.
  • (a) in the case of an individual—40 penalty units, or
  • (b) in the case of a body corporate—210 penalty units.

Division 6 Residual current devices

Clause 164 Use of socket outlets in hostile operating environment

  • (1) This clause applies in the following circumstances—
  • (a) electrical equipment is used in an environment in which the normal use of electrical equipment exposes the equipment to operating conditions that are likely to result in damage to the equipment or a reduction in its expected life span, including conditions that involve exposure to moisture, heat, vibration, mechanical damage, corrosive chemicals or dust,
  • (b) electrical equipment is moved between different locations in circumstances where damage to the equipment or to a flexible electricity supply cord is reasonably likely,
  • (c) electrical equipment is frequently moved during its normal use,
  • (d) electrical equipment forms part of, or is used in connection with, an amusement device.

In a circumstance set out in subclause (1), a person conducting a business or undertaking at a workplace must ensure, so far as is reasonably
practicable, that any electrical risk associated with the supply of electricity to the electrical equipment through a socket outlet is minimised by the use of an appropriate residual current device.
Maximum penalty—

  • (a) in the case of an individual—70 penalty units, or
  • (b) in the case of a body corporate—345 penalty units.
  • (3) Without limiting subclause (2), the residual current device must have a tripping current that does not exceed 30 milliamps if electricity is supplied to the equipment through a socket outlet not exceeding 20 amps.
  • (4) Subclause (2) does not apply if the supply of electricity to the electrical equipment—
  • (a) does not exceed 50 volts alternating current, or
  • (b) is direct current, or
  • (c) is provided through an isolating transformer that provides at least an equivalent level of protection, or
  • (d) is provided from a non-earthed socket outlet supplied by an isolated winding portable generator that provides at least an equivalent level of protection.

Note—
Residual current devices are also regulated under the Gas and Electricity (Consumer Safety) Act 2017.

Clause 165 Testing of residual current devices

(1) A person with management or control of a workplace must take all reasonable steps to ensure that residual current devices used at the workplace are tested regularly by a competent person to ensure that the devices are operating effectively. Maximum penalty—

  • (a) in the case of an individual—40 penalty units, or
  • (b) in the case of a body corporate—210 penalty units.
  • (2) The person must keep a record of all testing of a residual current device (other than any testing conducted daily) until the earlier of the following occurs—
  • (a) the device is next tested,
  • (b) the device is permanently removed from use.
  • Maximum penalty—
  • (a) in the case of an individual—15 penalty units, or
  • (b) in the case of a body corporate—70 penalty units.
  • 242B Value of penalty unit
  • (1) For the purposes of this Act, the value of a penalty unit is—
  • (a) for the financial year 2019–20—$100, and
  • (b) for each subsequent financial year—the amount calculated as follows—

where—
A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.
B is the CPI number for the March quarter of 2019.
(2) However, if the amount of a penalty unit calculated for any financial year is less than the amount that applied in the previous financial year, then the amount for that previous financial year applies instead.
Editorial note—
Fee unit amount calculated under this section—

Financial year

  • 2020–21
  • 2021–22

Fee unit amount

  • $102.00
  • $102.95

PCBU:

A ‘person conducting a business or undertaking’ (PCBU) is a legal term under WHS laws for individuals, businesses or organisations that are conducting business.

As a PCBU you must meet your obligations, so far as is reasonably practicable, to ensure the health and safety of workers and other people like visitors and volunteers.

  • safe systems of work
  • safe use of plant, structures and substances
  • adequate information, training, instruction and supervision
  • compliance with requirements under the Work Health and Safety Regulation
  • a safe work environment

Primary duty of care

As a PCBU you have a primary duty of care to ensure workers and others are not exposed to a risk to their health and safety.

You owe this duty of care when as a PCBU you:

  • direct or influence work carried out by a worker
  • engage or cause to engage a worker to carry out work (including through sub-contracting)
  • have management or control of a workplace

You must also ensure that the health and safety of others is not put at risk from work done as part of the business.

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