Legislation

Legislation requirements for appliance testing

Under Electrical and OSH regulations all electrical appliances must be maintained and periodically tested for safety.

ASNZS 3760 is sited in the electrical regulations as a means of compliance (or a way to comply) with these requirements.

The actual electrical regulations that say this are regulation 5 and 26 or on page 13 and 25 of the new Electricity (Safety) Regulations 2010

The electrical regulations do not say that ASNZS 3760 is the only means of compliance with the regulations.

This allows for other safety testing systems to be developed and approved such as ASNZS 3551 for medical appliances.

OSH regulations make it mandatory to comply with the electrical regulations and in addition you must “take all practicable steps to ensure safety”

An accident with an untagged appliance would result in a prosecution by OSH unless you can prove that it has been periodically tested to an approved standard.

Further an insurance company may use the fact that you did not comply with regulations to decline a fire claim.

The fact that ASNZS 3760 is not the only possible standard for testing does not mean that you don’t need to test at all.

OSH would say you haven't taken all practicable steps to ensure safety if you have an accident with an un-tested and tagged appliance.

You can only know that an electrical appliance is safe if it is tested and tagged.

Excerpt form 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.

Not having them tested and tagged is being reckless as to whether the appliances unsafe.

You can only know that an electrical appliance is safe if it is tested and tagged.

Legislation and links

Brief overview:

OSH Legislation trial pertaining to appliance testing in the workplace

1 Health and Safety in Employment Act 1992

2 Health and Safety in Employment Regulations 1995

3 Electricity Act 1992

4 Electricity (Safety) Regulations 2010

5 AS/NZS 3760: 2003

1. Health and Safety in Employment Act 1992

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 is maintained and safe to use.

2 Health and Safety in Employment Regulations 1995

Precautions to be taken with some particular hazards. - 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.

3. Electricity Act 1992

Section 169 - Specifies Regulations for Electrical safety.

4. Electricity (Safety) Regulations 2010

On the 1st of April 2010 The Electricity Regulations 1997 were replaced by the Electricity (Safety) Regulations 2010.

The Electricity (Safety) Regulations 2010 require portable electrical equipment to be tested and tagged in accordance with AS/NZS3760

RCD protection is also encouraged for extra safety.

Even with RCD protection appliances can be dangerous and periodic appliance testing is necessary for safety and legal compliance under OSH regulations.

AS/NZS 3760 is now more important than ever for compliance.

5. AS/NZS 3760: 2003

This is the Standard that all of the above Acts and Regulation require all electrical appliances in all businesses to comply with.

AS/NZS 3760: 2003 Forward (1st paragraph):

In-service testing is necessary for the safety of persons using the equipment and for the proper discharge of the obligations of employers & employees as listed in legislation covering occupational health & safety matters. This standard specifies in-service safety inspection and testing protocols and criteria that satisfy these obligations, and provides a cost-effective approach to safety without jeopardizing personal safety or involving excessive equipment downtime.

Appliances shall be inspected, tested and tagged by a competent person at intervals in accordance with this standard.

Review of AS/NZS 3760: 2003

Use of the Standard for In-service safety inspection and testing of electrical equipment AS/NZS 3760:2003 reduces the risk of electrical shock to users of electrical equipment.

The Standard provides the overall method and process for inspecting and testing electrical equipment that is designed for connection to the mains supply by a flexible cord and plug.

The Department of Labour and the Ministry of Economic Development are sponsoring a review of the Standard.

'AS/NZS 3760 will be a lot more definitive and will include a lot more information to address electrical shock more accurately.

The review will consider the following points:

• Enhancing user safety by adding new information for the testing of three phase residual current devices (RCD's) and electrical equipment

• Updating the Standard to reflect the impact of new technology in electrical equipment

• The need for a means of determining the knowledge and skills of a 'competent person'

• Corrections and editorial improvements from user feedback.

Warning

We have found two documented cases of large testing companies cutting corners by tagging without proper testing.

Get a written money back guarantee (as we give) that the testing will be professional, as you will be liable for any incompetent testing.

Top