The Electrical Safety Regulation (pre and post 1 January 2014)

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1 The Electrical Safety Regulation (pre and post 1 January 2014) The following table provides an overview comparison between the Electrical Safety Regulation 2002 (the ESR 2002) current as at 1 July 2013 and the Electrical Safety Regulation 2013 (the ESR 2013) which replaces the ESR 2002 on 1 January The comparison is by part, division, subdivision and section number. Changes to section content are not shown. This table is provided as an information source only and the department makes no statements, representations, or warranties about the accuracy or completeness of this information. For further information refer to a copy of the relevant legislation on the Office of the Parliamentary Counsel website at Abbreviations used: Part Pt Division Div Subdivision Sdiv Schedule Sch Section Not stated only relevant the section number (including any relevant subsections numbers) is given Infringement references: Example Explanation s31(1) 4 ind 8 corp Contravention of section 31(1) of the ESR 2013 has an infringement notice fine of 4 penalty units for an individual (ind) and 8 penalty units for a corporation (corp). ESR 2002 ESR 2013 Heading ESR 2013 Pt 1 Preliminary Pt 1 1 Short title 1 2 Commencement 2 3 Purposes 3 4 How purposes are to be achieved 4 5 Definitions 5 6 References to standards and other documents 6 7 Meaning of qualified business person and qualified technical person 7 Provisions linked to health and safety duties in Act 8 Application of this regulation 9 Assessment of risk in relation to a class of hazards, tasks, circumstances or things 10 General risk management Pt 2 Risk management 11 Pt 2 Electrical work Pt 3 Div 2 Electrical work on energised electrical equipment Div 1 9 Definition for div Persons conducting a business or undertaking to which this division applies 13 11(1) Electrical work on energised electrical equipment is prohibited 14 11(2) Duty to determine whether equipment is energised 15 De energised equipment must not be inadvertently re energised 16 20(1), (2), (3) and (5) Licensed electrical worker to take precautions to prevent de energised equipment 17 from being inadvertently re energised 12(1)(a) Electrical work on energised electrical equipment permitted in particular 18 circumstances 12(1)(b), (d), (h), (i) Preliminary steps 19 and 12(2) [meaning of exempt electrical work] Unauthorised access to equipment being worked on 20 Contact with equipment being worked on 21 12(1)(c), (e), (f), (g) How the work is to be carried out 22 and (j); and 17 and 18 Record keeping 23 Div 3 High voltage live line work Div 2 13 Performance of high voltage live line work 24 Div 4 Testing of work Div 3 14 Testing of electrical equipment after electrical work Certificate of testing and safety 26 Div 6 Other requirements Div 4 The Electrical Safety Regulation (pre and post 1 January 2014) 1

2 19 Electrical equipment with serious defect not to be connected to electricity source Rescue and resuscitation training 28 Div 7 Documents about electrical work Div 5 22 Application of div Who may sign documents about electrical work 30 Div 8 General provisions Div 6 24 Misrepresentations about electrical equipment or work 31 24A Misrepresentations about lawful authority to contract for the performance of 32 electrical work Pt 3 Licensing Pt 4 Div 1 Electrical work licences Div 1 25 Classes of electrical work licences 33 This division does not authorise contravention of conditions or restrictions on licence What electrical mechanic licence authorises What electrical linesperson licence authorises What electrical fitter licence authorises What electrical jointer licence authorises What restricted electrical work licence authorises What electrical work training permit authorises External licence equivalents 41 Div 2 Electrical work licence requirements Div 2 33 General requirements 42 34, 35, 36 and 37 Eligibility requirements for electrical mechanic licence, electrical linesperson licence, 43 electrical fitter licence and electrical jointer licence 38 Eligibility requirements for restricted electrical work licence 44 38A Eligibility requirements for electrical work training permit Term of electrical work licence 46 Div 3 Electrical contractor licence requirements Div 3 Application of div , 41 and 42 Eligibility requirements for electrical contractor licence 48 40, 41 and 42 Removal of endorsement from electrical contractor licence 49 40, 41 and 42 Automatic suspension and cancellation of electrical contractor licence Insurance requirements for applicant for electrical contractor licence Change of name of corporation or partnership Change in membership of partnership Term of electrical contractor licence 54 Div 4 Miscellaneous Div 4 47 Eligibility requirements for renewal or reinstatement of electrical licence Application requirements Giving regulator cancelled or suspended licence or licence to be endorsed Replacement of electrical licence Surrender of electrical licence Register of electrical licences Examinations Approved examiners Refund of fees 63 55A Operation of trade contractor s licence Advertising by licensed electrical contractor Performing electrical work without electrical licence 66 57A Details to be included in register of workers 67 Pt 4 Overhead and underground electric lines Pt 5 Pt 4 Duty of person conducting a business or undertaking 68 Meaning of unsafe distance for persons, operating plant and vehicles for overhead 69 electric lines Pt 5 Electrical installations Pt 6 Div 1 Performing electrical work Div 1 66 Licensed electrical worker to comply with wiring rules and 67A Person conducting a business or undertaking to ensure electrical installation 71 complies 68 Work involving water equipment Work involving electric motor forming part of vehicle 73 The Electrical Safety Regulation (pre and post 1 January 2014) 2

3 Div 2 Defects and earthing Div 2 70 Requirement on person in control to fix defect Earthing 75 Div 3 Electric lines Div 3 72 Service line Structure supporting electric line or equipment to comply with wiring rules Duty to preserve insulation of electric line Trimming of trees near overhead electric line Duty to ensure safety of disconnected overhead electric line 80 Div 4 Installation of approved safety switches in domestic residences Div 4 77 Definitions for div Notice to transferee about approved safety switch Notice to regulator about approved safety switch and other matters Installation of approved safety switch in particular residences 84 80A Installation of approved safety switch if residential tenancy agreement entered into 85 or to be entered into 81 Performing electrical installation work for domestic residences 86 Div 4A Installation of ceiling insulation Div 5 sdiv 2 Installation of all ceiling insulation sdiv 1 81B Application of sdiv C Metal or other conductive fasteners not to be used to install ceiling insulation 88 81D Installation must comply with wiring rules, cl E Training for assessment of electrical risk 90 81F Assessment of electrical risk 91 Sdiv 3 Installation of electrically conductive ceiling insulation Sdiv 2 81G Definitions for sdiv H Application of sdiv I Requirement for electrical safety inspection and test 94 81J Requirement for approved safety switch or permanent marking for electrical circuits 95 81K Installation requirements for non capable circuits 96 Div 5 Workplace electrical installations Div 6 Sdiv 1 Preliminary Sdiv 1 83 Definitions for div 6 97 Meaning of electrical equipment and electrical installations for div A Meaning of rural industry work 99 Sdiv 2 All work Sdiv 2 84 Application of sdiv Unsafe electrical equipment Cord extension sets and flexible cables 102 Sdiv 3 Construction work Sdiv 3 86 Application of sdiv Requirements for construction wiring and electrical equipment 104 Sdiv 4 Manufacturing work Sdiv 4 88 Application of sdiv Double adaptors and piggyback plugs prohibited Specified electrical equipment A Manufacturing work safety switch B Exemption for safety switches Safety switches, including portable safety switches 110 Sdiv 5 Service work or office work Sdiv 5 92 Application of sdiv Specified electrical equipment Safety switches, including portable safety switches 113 Sdiv 6 Amusement work Sdiv 6 94A Application of sdiv B Double adaptors and piggyback plugs prohibited C Specified electrical equipment D Amusement devices and amusement rides E Safety switches, including portable safety switches 118 Sdiv 7 Rural industry work Sdiv 7 The Electrical Safety Regulation (pre and post 1 January 2014) 3

4 94F Application of sdiv G Requirements for rural industry work 120 Pt 6 In scope electrical equipment Pt 7 Div 1 Preliminary Div 1 95 This part applies for the Act, pt 2A Definitions for pt Registration for particular purposes A Component is not a separate item B Meanings of level 1, level 2 and level 3 in scope electrical equipment C Meaning of relevant standard for level 1 in scope electrical equipment D Meaning of relevant standard for level 2 or 3 in scope electrical equipment 127 Div 2 Registration of responsible suppliers and levels 2 and 3 in scope electrical Div 2 equipment Sdiv 1 Registration of responsible suppliers Sdiv 1 98 Responsible supplier may register Term of registration Renewal of registration A Responsible supplier must ensure details in national register are current 131 Sdiv 2 Registration of level 2 in scope electrical equipment Sdiv Registration Term of registration Renewal of registration 134 Sdiv 3 Registration of level 3 in scope electrical equipment Sdiv 3 103A Registration B Term of registration C Renewal of registration 137 Sdiv 4 Relevant persons not to be twice punished for same acts or omissions Sdiv 4 103D Relevant person may be punished only once 138 Sdiv 5 Cancellation of registration Sdiv 5 103E Grounds for cancelling registration of responsible supplier or level 2 or 3 in scope 139 electrical equipment 103F Procedure before cancellation G Cancellation H Cancellation at responsible supplier s request 142 Div 3 Sales of in scope electrical equipment Div Sale of level 1 in scope electrical equipment by responsible supplier Sale of level 2 or 3 in scope electrical equipment by responsible supplier Sale of in scope electrical equipment general A Sale of plug etc. with level 1 or 2 in scope electrical equipment 146 Div 4 Evidence of compliance with relevant standards Div 4 Sdiv 1 Level 1 in scope electrical equipment Sdiv Responsible supplier to keep evidence 147 Sdiv 2 Level 2 in scope electrical equipment Sdiv Registered responsible supplier must keep compliance folder 148 Sdiv 3 Level 3 in scope electrical equipment Sdiv Registered responsible supplier must keep certificate of conformity 149 Div 5 Effect of reclassification of in scope electrical equipment Div Effect of reclassification 150 Div 6 Marking of in scope electrical equipment Div Responsible supplier must not sell unmarked item of in scope electrical equipment Person must not mark in scope electrical equipment that does not meet relevant 152 standard 113 Mark for use in exceptional circumstances 153 Div 7 Certificates of conformity issued by regulator Div 7 Sdiv 1 Applications and terms Sdiv Application for certificate of conformity Regulator may issue certificate of conformity Term of certificate 156 Sdiv 2 Modifications, renewals and transfers Sdiv 2 116A Modification of certificate of conformity change of name or model 157 The Electrical Safety Regulation (pre and post 1 January 2014) 4

5 116B Modification of certificate of conformity other than a change of name or model C Renewal of certificate of conformity D Transfer of certificate 160 Sdiv 3 Cancellation Sdiv 3 116E Grounds for cancelling certificate of conformity F Procedure before cancellation G Cancellation at certificate holder s request H Certificate of conformity holder to return certificate if cancelled 164 Sdiv 4 Information to be recorded in the national register Sdiv 4 116I Information to be recorded in national register 165 Div 8 Recognised external certification schemes Act, section 48J Div 8 Sdiv 1 Preliminary Sdiv Definitions for div Sdiv 2 Applications and terms Sdiv Application for regulator s declaration of scheme Intention to make declaration must be advertised A Decision about application B Term of declared scheme 170 Sdiv 3 Conditions Sdiv 3 119C Regulator may impose conditions on declared scheme D Condition imposed by regulation E Amendment of conditions imposed by regulator F Acting on regulator s own initiative general G Acting on regulator s own initiative electrical risk 175 Sdiv 4 Cancellation Sdiv 4 119H Grounds for cancelling declaration I Procedure before cancellation J Cancellation at declaration holder s request 178 Sdiv 5 Other provisions Sdiv 5 119K Reporting requirements for declaration holder L Declaration holder must comply with equipment safety rules 180 Div 9 Regulator may require testing of item of level 1, 2 or 3 in scope electrical Div 9 equipment 120 Regulator may require item of in scope electrical equipment to be submitted Procedure for obtaining item of in scope electrical equipment for testing Identification of item of in scope electrical equipment to be tested Cost of testing and examining and liability for damage 184 Div 10 Return of in scope electrical equipment given to regulator Div Return of item of level 2 or 3 in scope electrical equipment provided to regulator 185 Div 11 Second hand in scope electrical equipment Div Limitation on offering second hand in scope electrical equipment for sale 186 Div 12 Program for certification of level 1 or 2 in scope electrical equipment Div A Regulator may establish program for certification 187 Pt 6A Electrical equipment general Pt 8 Div 1 Requirement for warning sign for sale of particular electrical equipment Div Definition for div A Application of div B Requirement to display DIY warning sign 190 Div 2 Prohibition on sale of electrical equipment Div 2 126C Sale of electrical equipment prohibited D Regulator may prohibit the sale or use of electrical equipment on safety grounds 192 Div 3 Labelling and inspection of electrical equipment Div 3 126E Labelling faulty portable electrical equipment 193 Div 4 Hire electrical equipment Div 4 126G Hiring electrical equipment 194 Pt 7 Works of an electricity entity Pt 9 Div 1 Compliance with part Div Compliance with this part 195 Div 2 Earthing and protection Div Systems of earthing 196 The Electrical Safety Regulation (pre and post 1 January 2014) 5

6 130 Connection of high voltage circuit to earth Performance and other requirements for works Insulation of stay wire Protection of earth conductors 200 Div 3 Substations Div Substation requirements 201 Div 4 Electric lines and control cables Div 4 134A Application of div Measurement of vertical and horizontal distances Electric lines and control cables Clearance from exposed conductive parts and separation of conductors in same 205 circuit 138 Location of overhead circuit in relation to another overhead circuit Clearance of overhead electric lines from ground Clearance of overhead electric lines from structures Building or adding to structure near electric line Clearance of stay wires and control cables over road Connection to consumer s premises 211 Div 5 Termination requirements for low voltage overhead service lines Div Termination of low voltage overhead service line 212 Div 6 Service lines generally Div Fuses and disconnectors for service line Disused service lines to be disconnected 214 Div 7 Maintenance of works Div Inspection and maintenance of integrity of insulation Trimming of trees near overhead electric line 216 Pt 8 Electricity supply Pt 10 Div 1 Connection to source of electricity Div Electrical installation with serious defect not to be connected to electricity source Electrical installation not to be connected to electricity source if work not tested Electrical installation not to be initially connected to electricity source without 219 examination and testing 152 Reconnection of electrical installation to electricity source High voltage or hazardous area electrical installation not to be connected to 221 electricity source without inspection 154 Licensed electrical contractor not to connect electricity source without being satisfied 222 of compliance with Act and regulation 155 Disconnection and reconnection of low voltage electrical installation 223 Div 2 Private generating plant Div Generating plant for emergency supply Generating plant for interconnection to works of electricity entity 225 Div 3 Testing Div Notice by licensed electrical contractor of test Certificate of testing and compliance Performance of examination or test Reasons to be given for not connecting to source of electricity after examination Keeping copy of report 230 Div 4 Requests and advice to distribution entities Div Request to distribution entity for examination of electrical work Telling distribution entity of need for change to metering 232 Pt 9 Safety management systems Pt 11 Div 1 Prescribed electricity entities Div Prescribed electricity entities 233 Div 2 Requirements for safety management systems Div Safety management system requirements 234 Pt 10 Accredited auditors Pt Appointment Refund of fees Term of office as accredited auditor 237 Pt 11 Cathodic protection systems Pt 13 The Electrical Safety Regulation (pre and post 1 January 2014) 6

7 Div 1 Preliminary Div Definitions for pt Electrical terms apply for direct current Exclusion from application 240 Div 2 Installation and design Div Installation of cathodic protection system only if preliminary steps taken Correct design and installation of cathodic protection system 242 Div 3 Operating requirements Div Operation of cathodic protection system only on conditions 243 Div 4 Testing requirements Div Tests before registration or operation of system Further tests during period of registration of system Further tests during operation of system Further tests of new foreign structure if required by the regulator Records of tests to be kept Testing by regulator 249 Div 5 System requirements Div Electrical limits Maximum potential change Tolerances Identification of anode groundbed 253 Div 6 Registration of registrable systems Div Register Application for registration of registrable system A Refund of fees Registration of registrable system Term of registration Change of name and address Cancellation of registration Taking away or making a registered system inoperable Change to registered system to be notified 262 Pt 12 Incident notification and reporting Pt Definitions for pt Meaning of distribution entity for incident or event and 197 Duty of person conducting business or undertaking to notify of serious electrical 265 incident or dangerous electrical event 198 Duty of distribution entity to notify of serious electrical incident or dangerous 266 electrical event 199 Action required by distribution entity on report of electric shock Report of incident records Duty to preserve incident or event sites A Storage of electrical equipment after serious electrical incident Requirement on distribution entity to take action in interests of electrical safety 271 Pt 13 Miscellaneous provisions Pt 15 Div 1 Electrical safety contributions Div Purpose of div Definitions for div Fixing electrical safety contribution for each distribution entity for current financial 274 year 206 Payment of electrical safety contribution by instalments 275 Div 2 Mines, petroleum plants and prescribed workplaces Div Application of regulation at mine or petroleum plant A Prescribed workplaces Act, s 18(2)(d) 277 Div 3 Other matters Div Climbing poles of electricity entity prohibited Duties of person conducting business or undertaking about supervising training 279 person 209A Electrical distribution entity may isolate powerlines in emergency Inspection of entries in registers Provision of information by retail entity 282 The Electrical Safety Regulation (pre and post 1 January 2014) 7

8 211AA Provision of information by Residential Tenancies Authority 283 Inspectors identity cards B Fees 285 Pt 14 Repeal and transitional provisions Pt 16 Repeal Div 1 Repeal of Electrical Safety Regulation Transitional provisions for Electrical Safety Regulation 2013 Div Definitions for div Acts of chief executive under previous provision taken to be acts of regulator under 288 corresponding provision Acts of persons other than chief executive under previous provisions 289 Applications made before commencement 290 Electrical licences 291 Obligation to do thing indefinitely or within or for stated period and 221 Eligibility for electrical jointer licence and 222 Eligibility for electrical linesperson licence Clearances for lines built before 1 January Termination of low voltage overhead service line built before 1 January Clearances for lines built between 1 January 1995 and 1 October A(6) Continued application of obligation to install approved safety switch , 225 and 225A Continuation of approvals taken to be certificates of conformity , 230 and 231 Continued application of provisions about marking of in scope electrical equipment 300 References to repealed regulation 301 Amendment of State Penalties Enforcement Regulation 2000 Pt 17 Regulation amended 302 Amendment of sch 5 (Other legislation) 303 Schedules Sch 1 External licences and electrical work licence equivalents Sch 1 Sch 2 Exclusion zones for overhead electric lines Sch 2 Sch 3 Information to be included in declarations by responsible suppliers Sch 3 Sch 4 Clearance of overhead electric lines (other than low voltage service lines) Sch 4 Sch 5 Clearance of low voltage overhead service lines Sch 5 Sch 6 Prescribed electricity entities Sch 6 Sch 6A Prescribed workplaces Sch 7 Sch 7 Fees Sch 8 Sch 9 Dictionary Sch 9 Electrical Safety Office The material presented in this publication is distributed by the Queensland Government for information only and is subject to change without notice. The Queensland Government disclaims all responsibility and liability (including liability in negligence) for all expenses, losses, damages and costs incurred as a result of the information being inaccurate or incomplete in any way and for any reason. State of Queensland (Department of Justice and Attorney-General) The Electrical Safety Regulation (pre and post 1 January 2014) 8

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