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.

Every Person and Business MUST comply with the Electricity (Safety) Regulations 2010 and the Health and Safety in Employment Act 1992

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 are unsafe.

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

Under Electrical Regulation 26, appliances are deemed to be electrically safe if

they have a current test tag issued in accordance with AS/NZS 3760 2010

Electricity (Safety) Regulations 2010 Part 6 deals with:

Maintenance Regulation 79 Maintenance of domestic appliances

For Sale Regulation 80 New and used fittings and appliances to be electrically safe

Importing Regulation 81 Evidence of compliance with standards

Fines Regulation 82 Offences relating to false or incorrect marking

Importing Regulation 83 Supplier declaration of conformity required before sale of declared medium risk articles

Importing Regulation 84 Declared high risk articles not to be sold unless approved

Importing Regulation 85 Approval by Secretary for sale of declared high risk articles

Importing Regulation 86 Deemed approval by Secretary for sale of declared high risk articles

Importing Regulation 87 Prohibitions relating to fittings and appliances

Appliances Regulation 88 Supply of electricity to hand-held appliances

Appliances Regulation 89 Use of hand-held appliances in damp, etc, conditions

Repairs Regulation 90 Testing appliances after certain work done on them

Medical Regulation 91 Periodic inspection of electrical medical devices

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: 2010

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 is now Superceded by AS/NZS 3760: 2010 and Amendment No. 1 on 1/04/11

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 has been completely revised and the key changes to the Standard are as follows.

An asset register is not required under AS/NZS 3760 2010. more

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. eg 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.

AS/NZS 3760: 2010 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.

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.

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.

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