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

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 2014. 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 www.legislation.qld.gov.au 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 1 12 10 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 25 15 Certificate of testing and safety 26 Div 6 Other requirements Div 4 The Electrical Safety Regulation (pre and post 1 January 2014) 1

19 Electrical equipment with serious defect not to be connected to electricity source 27 21 Rescue and resuscitation training 28 Div 7 Documents about electrical work Div 5 22 Application of div 5 29 23 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 34 26 What electrical mechanic licence authorises 35 27 What electrical linesperson licence authorises 36 28 What electrical fitter licence authorises 37 29 What electrical jointer licence authorises 38 30 What restricted electrical work licence authorises 39 31 What electrical work training permit authorises 40 32 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 45 39 Term of electrical work licence 46 Div 3 Electrical contractor licence requirements Div 3 Application of div 3 47 40, 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 50 43 Insurance requirements for applicant for electrical contractor licence 51 44 Change of name of corporation or partnership 52 45 Change in membership of partnership 53 46 Term of electrical contractor licence 54 Div 4 Miscellaneous Div 4 47 Eligibility requirements for renewal or reinstatement of electrical licence 55 48 Application requirements 56 49 Giving regulator cancelled or suspended licence or licence to be endorsed 57 50 Replacement of electrical licence 58 51 Surrender of electrical licence 59 52 Register of electrical licences 60 53 Examinations 61 54 Approved examiners 62 55 Refund of fees 63 55A Operation of trade contractor s licence 64 56 Advertising by licensed electrical contractor 65 57 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 70 67 and 67A Person conducting a business or undertaking to ensure electrical installation 71 complies 68 Work involving water equipment 72 69 Work involving electric motor forming part of vehicle 73 The Electrical Safety Regulation (pre and post 1 January 2014) 2

Div 2 Defects and earthing Div 2 70 Requirement on person in control to fix defect 74 71 Earthing 75 Div 3 Electric lines Div 3 72 Service line 76 73 Structure supporting electric line or equipment to comply with wiring rules 77 74 Duty to preserve insulation of electric line 78 75 Trimming of trees near overhead electric line 79 76 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 4 81 78 Notice to transferee about approved safety switch 82 79 Notice to regulator about approved safety switch and other matters 83 80 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 1 87 81C Metal or other conductive fasteners not to be used to install ceiling insulation 88 81D Installation must comply with wiring rules, cl 4.5.2.3 89 81E 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 2 92 81H Application of sdiv 2 93 81I 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 6 98 83A Meaning of rural industry work 99 Sdiv 2 All work Sdiv 2 84 Application of sdiv 2 100 Unsafe electrical equipment 101 85 Cord extension sets and flexible cables 102 Sdiv 3 Construction work Sdiv 3 86 Application of sdiv 3 103 87 Requirements for construction wiring and electrical equipment 104 Sdiv 4 Manufacturing work Sdiv 4 88 Application of sdiv 4 105 89 Double adaptors and piggyback plugs prohibited 106 90 Specified electrical equipment 107 90A Manufacturing work safety switch 108 90B Exemption for safety switches 109 91 Safety switches, including portable safety switches 110 Sdiv 5 Service work or office work Sdiv 5 92 Application of sdiv 5 111 93 Specified electrical equipment 112 94 Safety switches, including portable safety switches 113 Sdiv 6 Amusement work Sdiv 6 94A Application of sdiv 6 114 94B Double adaptors and piggyback plugs prohibited 115 94C Specified electrical equipment 116 94D Amusement devices and amusement rides 117 94E 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

94F Application of sdiv 7 119 94G 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 121 96 Definitions for pt 7 122 97 Registration for particular purposes 123 97A Component is not a separate item 124 97B Meanings of level 1, level 2 and level 3 in scope electrical equipment 125 97C Meaning of relevant standard for level 1 in scope electrical equipment 126 97D 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 128 99 Term of registration 129 100 Renewal of registration 130 100A Responsible supplier must ensure details in national register are current 131 Sdiv 2 Registration of level 2 in scope electrical equipment Sdiv 2 101 Registration 132 102 Term of registration 133 103 Renewal of registration 134 Sdiv 3 Registration of level 3 in scope electrical equipment Sdiv 3 103A Registration 135 103B Term of registration 136 103C 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 140 103G Cancellation 141 103H Cancellation at responsible supplier s request 142 Div 3 Sales of in scope electrical equipment Div 3 104 Sale of level 1 in scope electrical equipment by responsible supplier 143 105 Sale of level 2 or 3 in scope electrical equipment by responsible supplier 144 106 Sale of in scope electrical equipment general 145 106A 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 1 107 Responsible supplier to keep evidence 147 Sdiv 2 Level 2 in scope electrical equipment Sdiv 2 108 Registered responsible supplier must keep compliance folder 148 Sdiv 3 Level 3 in scope electrical equipment Sdiv 3 109 Registered responsible supplier must keep certificate of conformity 149 Div 5 Effect of reclassification of in scope electrical equipment Div 5 110 Effect of reclassification 150 Div 6 Marking of in scope electrical equipment Div 6 111 Responsible supplier must not sell unmarked item of in scope electrical equipment 151 112 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 1 114 Application for certificate of conformity 154 115 Regulator may issue certificate of conformity 155 116 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

116B Modification of certificate of conformity other than a change of name or model 158 116C Renewal of certificate of conformity 159 116D Transfer of certificate 160 Sdiv 3 Cancellation Sdiv 3 116E Grounds for cancelling certificate of conformity 161 116F Procedure before cancellation 162 116G Cancellation at certificate holder s request 163 116H 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 1 117 Definitions for div 8 166 Sdiv 2 Applications and terms Sdiv 2 118 Application for regulator s declaration of scheme 167 119 Intention to make declaration must be advertised 168 119A Decision about application 169 119B Term of declared scheme 170 Sdiv 3 Conditions Sdiv 3 119C Regulator may impose conditions on declared scheme 171 119D Condition imposed by regulation 172 119E Amendment of conditions imposed by regulator 173 119F Acting on regulator s own initiative general 174 119G Acting on regulator s own initiative electrical risk 175 Sdiv 4 Cancellation Sdiv 4 119H Grounds for cancelling declaration 176 119I Procedure before cancellation 177 119J Cancellation at declaration holder s request 178 Sdiv 5 Other provisions Sdiv 5 119K Reporting requirements for declaration holder 179 119L 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 181 121 Procedure for obtaining item of in scope electrical equipment for testing 182 122 Identification of item of in scope electrical equipment to be tested 183 123 Cost of testing and examining and liability for damage 184 Div 10 Return of in scope electrical equipment given to regulator Div 10 124 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 11 125 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 12 125A 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 1 126 Definition for div 1 188 126A Application of div 1 189 126B Requirement to display DIY warning sign 190 Div 2 Prohibition on sale of electrical equipment Div 2 126C Sale of electrical equipment prohibited 191 126D 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 1 128 Compliance with this part 195 Div 2 Earthing and protection Div 2 129 Systems of earthing 196 The Electrical Safety Regulation (pre and post 1 January 2014) 5

130 Connection of high voltage circuit to earth 197 131 Performance and other requirements for works 198 132 Insulation of stay wire 199 133 Protection of earth conductors 200 Div 3 Substations Div 3 134 Substation requirements 201 Div 4 Electric lines and control cables Div 4 134A Application of div 4 202 135 Measurement of vertical and horizontal distances 203 136 Electric lines and control cables 204 137 Clearance from exposed conductive parts and separation of conductors in same 205 circuit 138 Location of overhead circuit in relation to another overhead circuit 206 139 Clearance of overhead electric lines from ground 207 140 Clearance of overhead electric lines from structures 208 141 Building or adding to structure near electric line 209 142 Clearance of stay wires and control cables over road 210 143 Connection to consumer s premises 211 Div 5 Termination requirements for low voltage overhead service lines Div 5 144 Termination of low voltage overhead service line 212 Div 6 Service lines generally Div 6 145 Fuses and disconnectors for service line 213 146 Disused service lines to be disconnected 214 Div 7 Maintenance of works Div 7 147 Inspection and maintenance of integrity of insulation 215 148 Trimming of trees near overhead electric line 216 Pt 8 Electricity supply Pt 10 Div 1 Connection to source of electricity Div 1 149 Electrical installation with serious defect not to be connected to electricity source 217 150 Electrical installation not to be connected to electricity source if work not tested 218 151 Electrical installation not to be initially connected to electricity source without 219 examination and testing 152 Reconnection of electrical installation to electricity source 220 153 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 2 156 Generating plant for emergency supply 224 157 Generating plant for interconnection to works of electricity entity 225 Div 3 Testing Div 3 158 Notice by licensed electrical contractor of test 226 159 Certificate of testing and compliance 227 160 Performance of examination or test 228 161 Reasons to be given for not connecting to source of electricity after examination 229 162 Keeping copy of report 230 Div 4 Requests and advice to distribution entities Div 4 163 Request to distribution entity for examination of electrical work 231 164 Telling distribution entity of need for change to metering 232 Pt 9 Safety management systems Pt 11 Div 1 Prescribed electricity entities Div 1 165 Prescribed electricity entities 233 Div 2 Requirements for safety management systems Div 2 166 Safety management system requirements 234 Pt 10 Accredited auditors Pt 12 167 Appointment 235 168 Refund of fees 236 169 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

Div 1 Preliminary Div 1 170 Definitions for pt 13 238 171 Electrical terms apply for direct current 239 172 Exclusion from application 240 Div 2 Installation and design Div 2 173 Installation of cathodic protection system only if preliminary steps taken 241 174 Correct design and installation of cathodic protection system 242 Div 3 Operating requirements Div 3 175 Operation of cathodic protection system only on conditions 243 Div 4 Testing requirements Div 4 176 Tests before registration or operation of system 244 177 Further tests during period of registration of system 245 178 Further tests during operation of system 246 179 Further tests of new foreign structure if required by the regulator 247 180 Records of tests to be kept 248 181 Testing by regulator 249 Div 5 System requirements Div 5 182 Electrical limits 250 183 Maximum potential change 251 184 Tolerances 252 185 Identification of anode groundbed 253 Div 6 Registration of registrable systems Div 6 186 Register 254 187 Application for registration of registrable system 255 187A Refund of fees 256 188 Registration of registrable system 257 189 Term of registration 258 190 Change of name and address 259 191 Cancellation of registration 260 192 Taking away or making a registered system inoperable 261 193 Change to registered system to be notified 262 Pt 12 Incident notification and reporting Pt 14 194 Definitions for pt 14 263 195 Meaning of distribution entity for incident or event 264 196 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 267 200 Report of incident records 268 201 Duty to preserve incident or event sites 269 201A Storage of electrical equipment after serious electrical incident 270 202 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 1 203 Purpose of div 1 272 204 Definitions for div 1 273 205 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 2 207 Application of regulation at mine or petroleum plant 276 207A Prescribed workplaces Act, s 18(2)(d) 277 Div 3 Other matters Div 3 208 Climbing poles of electricity entity prohibited 278 209 Duties of person conducting business or undertaking about supervising training 279 person 209A Electrical distribution entity may isolate powerlines in emergency 280 210 Inspection of entries in registers 281 211 Provision of information by retail entity 282 The Electrical Safety Regulation (pre and post 1 January 2014) 7

211AA Provision of information by Residential Tenancies Authority 283 Inspectors identity cards 284 211B Fees 285 Pt 14 Repeal and transitional provisions Pt 16 Repeal Div 1 Repeal of Electrical Safety Regulation 2002 286 Transitional provisions for Electrical Safety Regulation 2013 Div 2 212 Definitions for div 2 287 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 292 214 and 221 Eligibility for electrical jointer licence 293 215 and 222 Eligibility for electrical linesperson licence 294 218 Clearances for lines built before 1 January 1995 295 219 Termination of low voltage overhead service line built before 1 January 1995 296 220 Clearances for lines built between 1 January 1995 and 1 October 2002 297 80A(6) Continued application of obligation to install approved safety switch 298 224, 225 and 225A Continuation of approvals taken to be certificates of conformity 299 228, 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 www.electricalsafety.qld.gov.au 1300 650 662 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) 2013. 8 The Electrical Safety Regulation (pre and post 1 January 2014) 8