An overview of legislation relating to safety of appliances in the workplace, requiring electrical testing and PAT tests. Comply Guy, the PAT test experts!
(PAT test is an acronym for Portable Appliance Test. PAT tests are a form of electrical testing to verify the electrical safety of portable appliances in the workplace.)
Overview
Employers are responsible under…
- Health and Safety in Employment Act 1992,
- Electricity Act 1992, and
- Electricity (Safety) Regulations 2010
… to ensure appliances are maintained and periodically tested for safety.
Electrical testing and tagging to the NZS 3760 standard verifies compliance with your obligations. NZS 3760 is cited in the electrical regulations as a means of compliance (or a way to comply) with the requirements.
Employers must not allow use of appliances if they are electrically unsafe.
– Electricity (Safety) Regulations 2010.
It is a grade-A offence to be reckless as to whether appliances are electrically unsafe.
– Electricity (Safety) Regulations 2010.
Appliances are deemed electrically safe if they have a current test tag issued in accordance with NZS 3760.
– Regulation 26, Electricity (Safety) Regulations 2010.
You can only know an appliance is safe if it has undergone electrical testing and tagging. Failure to do so is ‘reckless behaviour’, i.e. a grade-A offence under the Electricity (Safety) Regulations 2010.
OSH regulations say employers must take all practicable steps to ensure plant is maintained and safe to use.
– Health and Safety in Employment Act 1992.
OSH regulations make it mandatory for electrical appliances in the workplace to conform with the Electricity Act 1992 and the Electricity (Safety) Regulations 2010. Where a regulation exists, its requirements are mandatory.
– Health and Safety in Employment Regulations 1995.
An accident with an untagged appliance would most likely result in a prosecution by OSH unless you can prove it was tested to an approved standard.
The Electricity Regulations say NZS 3760 testing & tagging is a means of verifying the safety of electrical appliances. [See regulations 5 & 26 of Electricity (Safety) Regulations 2010.]
NOTE: If an untested/unsafe appliance causes a fire your insurance claim could be denied on the grounds you did not take “reasonable care” to prevent loss to your property.
Construction Sites: Construction sites have special requirements.
Excerpt from the Electricity (Safety) Regulations 2010
15. Using works, installations, fittings, appliances, and associated equipment
(1) A person who owns or operates works, installations, fittings, or appliances must not use, and must not allow any other person to use, the works, installations, fittings, or appliances if the works, installations, fittings, or appliances are electrically unsafe.
(2) A person who uses, or supervises the use of, associated equipment must ensure that the associated equipment is not used in a manner that renders the associated equipment a danger to persons or property.
(3) A person who owns or operates works, installations, fittings, or appliances commits a grade A offence if he or she uses, or allows another person to use, the works, installations, fittings, or appliances, knowing that, or being reckless as to whether, the works, installations, fittings, or appliances are electrically unsafe.
That last clause again with our emphasis added for clarity…
(3) A person who owns or operates works, installations, fittings, or appliances commits a grade A offence if he or she uses, or allows another person to use, the works, installations, fittings, or appliances, knowing that, or being reckless as to whether, the works, installations, fittings, or appliances are electrically unsafe.
Comply Guy says you can only know an electrical appliance is safe if it has undergone electrical testing and tagging. Not having it tested and tagged is being reckless as to whether the appliance is electrically unsafe.
Under Electrical Regulation 26, appliances are deemed to be electrically safe if they have a current test tag issued in accordance with NZS 3760.
Legislation and Links
Health and Safety in Employment Act 1992
www.legislation.govt.nz/act/public/1992/0096/latest/DLM278829.html
The Act applies to all New Zealand workplaces and places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards. Every employer shall take all practicable steps to ensure the safety of employees while at work and in particular shall ensure that plant (which by definition includes electrical appliances) is maintained and safe to use.
Health and Safety in Employment Regulations 1995
www.legislation.govt.nz/regulation/public/1995/0167/latest/DLM202257.html
Precautions to be taken with some particular hazards (see Guidelines to the Health and Safety in Employment Regulations 1995). See Section 2.13 Portable electric equipment – Where any portable electric power-driven equipment is provided, the employer should ensure that all such equipment conforms to the requirements of the Electricity Act 1992 and the Electricity (Safety) Regulations 2010. Where a regulation exists, its requirements are mandatory.
Electricity Act 1992
www.legislation.govt.nz/act/public/1992/0122/latest/DLM281858.html
Section 169 specifies regulations for electrical safety.
Electricity (Safety) Regulations 2010
www.legislation.govt.nz/regulation/public/2010/0036/latest/DLM2763501.html
On 1 April 2010 The Electricity Regulations 1997 were replaced by the Electricity (Safety) Regulations 2010.
AS/NZS 3760:2010 In-service safety inspection and testing of electrical equipment
www.standards.co.nz/web-shop/?action=viewSearchProduct&pid=3760%3A2010%28AS%7CNZS%29&mod=catalog
AS/NZS 3760:2003 was superseded by AS/NZS 3760:2010 and Amendment No. 1 on 1 April 2011. The standard has been completely revised, with the key changes as follows…
- Requirements for medical electrical equipment have been clarified to reduce confusion between the use of AS/NZS 3760 and AS/NZS 3551:2004 Technical management programs for medical devices.
- Appliances with a detachable lead (cord set) require a separate tag on the lead and the appliance, e.g. computers, radios, some power packs, etc.
- Table 4 has been reviewed to align with the Electricity (Safety) Regulations 2010.
- Changes have been made to some requirements, including allowing for the intervals between testing to be varied, based on a risk analysis.
- Equipment with functional earthing has been identified – such equipment does not need an earth continuity test.
- Information is included for leakage current tests on Class II single-phase and three-phase equipment, and leakage current test methodology for equipment that is normally immersed in water.
- New information to test three phase residual current devices (RCDs) and electrical equipment has been added to improve user safety.
From NZS 3760 Forward (1st paragraph):
In-service testing is a necessary part of any safety program to help ensure the safety of persons using equipment in the workplace. … Appliances shall be inspected, tested and tagged by a competent person at intervals in accordance with this standard.
Rules for Schools
The Ministry of Education requires boards of trustees to comply with NZS 3760. MoE’s website states that…
“Boards of trustees are responsible under the Health and Safety in Employment Act 1992, the Electricity Act 1992 and the Electricity Regulations 1997 to ensure electrical appliances in use at the school are safely maintained and safe to use.”
It also says…
The Electricity Regulations refer to AS/NZS 3760:2010 In-service safety inspection and testing of electrical equipment as a means of ensuring safety with electrical equipment. The Ministry requires boards to comply with AS/NZS 3760:2010.
AS/NZS 3760:2010 defines the requirements for routine inspections, testing electrical equipment, tagging tested appliances which comply, and recording the results over its working life. This will help ensure your school’s electrical appliances are safe.
See the Electrical equipment testing on school sites page of Minedu website for details.