ASK RENATA

Hi Renata – “What are the requirements for electrical items to be tested and tagged in the workplace – e.g. toaster, microwave, refrigerator? Our employer’s policy only requires specific production equipment to be tested and tagged. We believe that an electrical item is short circuiting our electrical system and want to confirm our employer’s duty to test and tag all items to comply with s.21 of the OHS Act. Our employer doesn’t believe everyday electrical items are covered by the wording of that section.”

 

Under the Victorian Occupational Health and Safety Act your employer has a legal obligation to ensure that the workplace and the plant at the workplace is safe and without risks to health (Section 21). This means identifying whether there are any hazards associated with electrical equipment, assessing the associated risks and taking measures to eliminate or control those risks. When identifying and assessing electrical hazards in the workplace, it is important to consider:

  • the type of electrical equipment used
  • how and where it is used and stored
  • how it is maintained

WorkSafe Victoria has advised that electrical safety testing and tagging for all plug-in equipment falls under the general obligations of Section 21(2)(a) of the Act and, in the past, advised all employers to introduce a safety testing protocol. In some workplaces (for example all government departments) it is now more or less mandatory that all electrical equipment be checked and "tagged" regularly.

That means that every non-installed electrical item, (i.e. not wired into the building by an electrician) must be included in regular testing and tagging, including –

  • Computers
  • Power boards
  • Phone chargers
  • Kettles and urns
  • Refrigerators
  • Heaters
  • Printers
  • Laminators
  • Power tools
  • Etc.

Common electrical hazards can be created when:

  • portable electrical equipment and extension leads are frequently moved, such as plugs, sockets, electrical connections, and cables
  • equipment is used in cramped spaces with metalwork, such as inside a tank or bin, where it may be difficult to avoid electric shock if an electrical fault develops
  • equipment is used in environments where there is frequent water or liquid such as commercial kitchens and garden centres (nurseries)
  • equipment is used outdoors or in hostile environments

While there is nothing more specific under the Victorian OHS legislation, the Safe Work Australia model Code of Practice – Managing Electrical Risks in the Workplace provides practical guidance for persons conducting a business or undertaking on managing electrical risks in the workplace. It applies to all workplaces where a person conducting a business or undertaking:

  • has management or control of electrical equipment, including electrical installations, or
  • carries out electrical work on or near energised electrical equipment, including electrical installations.

While this Code has not been picked up in Victoria, it can provide very useful advice and information on electrical risks in workplaces to both employers and HSRs/workers - and forms part of the 'state of knowledge'. SWA also has a page which provides an overview of electrical safety.

The frequency of inspections that are outlined in Section 2 of the Standard, AS/NZS 3760:2022 are recommended, but can be varied subject to a risk assessment that has been carried out in accordance with an appropriate risk assessment checklist or program.  The Australian standard includes a table that sets out testing and inspection intervals for various types of equipment from 3 months (for equipment that is high use, high risk, or hire equipment) to up to 5 years (for equipment that is not open to abuse, flexing of cords, etc).

Of course, it should go without saying if you or anyone has particular concerns about the safety of a particular appliance then it should be tagged out until such time that it can be tested.

Tagging and checking of all electrical equipment in accordance with AS3760 should now be the norm in all workplaces. If this is not the case in your workplace, as an OHS rep, you should approach your employer and request that this be done as soon as possible. Of course, keep a record of all consultation on this matter – you can use our OHS Reps Record of Consultation template.

Should your employer still fail to comply with s.21 by providing safe plant and equipment, I recommend either using your workplace’s faulty equipment process to tag out any items you believe are unsafe or enacting your direction to cease work powers in relation to problematic items of equipment. I urge you to contact your union for support and guidance in escalating the issue resolution process.

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