Document ID: chunk:federal_register_of_legislation:F2024C01083:reg:161
Version: federal_register_of_legislation:F2024C01083
Segment Type: reg
Provision Reference: reg 161
Character Range: 247414–249760

161  How the work is to be carried out
 (1) A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is carried out:
 (a) by a competent person who has tools, testing equipment and personal protective equipment that:
 (i) are suitable for the work; and
 (ii) have been properly tested; and
 (iii) are maintained in good working order; and
 (b) in accordance with a safe work method statement prepared for the work; and
 (c) subject to subregulation (5), with a safety observer present who has the competence and qualifications specified in subregulation (4).
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (2) The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.
Note: Section 12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section 12F of the Act includes these Regulations.
Penalty: The tier E monetary penalty.
 (3) For paragraph (1)(b), the safe work method statement must:
 (a) identify the electrical work; and
 (b) specify hazards associated with that electrical work and risks associated with those hazards; and
 (c) describe the measures to be implemented to control the risks; and
 (d) describe how the risk control measures are to be implemented, monitored and reviewed.
 (4) For paragraph (1)(c):
 (a) the safety observer must be competent:
 (i) to implement control measures in an emergency; and
 (ii) to rescue and resuscitate the worker who is carrying out the work, if necessary; and
 (b) the safety observer must have been assessed in the previous 12 months as competent to rescue and resuscitate a person.
 (5) A safety observer is not required if:
 (a) the work consists only of testing; and
 (b) the person conducting the business or undertaking has conducted a risk assessment under regulation 158(1)(a) that shows that there is no serious risk associated with the proposed work.