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New WHS Laws have been introduced as of the 1st January 2012. Below are some of the new regulations: 149 Unsafe electrical equipment.            (1)  A person conducting a business or undertaking at a workplace must                  ensure that any unsafe electrical equipment at the workplace:                     (a)  is disconnected (or isolated)                     (b)  once disconnected (or isolated)                          (i)  is not reconnected until it is repaired or tested and found to be                               safe, or                          (ii) is replaced or permanently removed from use      MAXIMUM PENALTY:                     (a)  in the case of an individual - $3,600, or                     (b)  in the case of a body corporate - $18,000           (2)  For the purpose of this clause, electrical equipment or a component of electrical equipment is unsafe if there are reasonable grounds for believing it to be unsafe 150 Inspection and testing of electrical equipment.           (1)  A person conducting a business or undertaking at a workplace must                 ensure that electrical equipment is regularly inspected and tested by a                 competent person if the electrical equipment is:                    (a)  supplied with electricity through an electrical socket outlet, and   (b)  used in an environment in which the normal use of electrical         equipment exposes the equipment to operating conditions that are         likely to result in damage to the equipment or a reduction in its         expected life span, including conditions that involve exposure to         moisture, heat, vibration, mechanical damage, corrosive chemicals or         dust.      MAXIMUM PENALTY:                     (a)  in the case of an individual - $3,600, or    (b)  in the case of a body corporate - $18,000.   (2)  In the case of electrical equipment that is new and unused at the         workplace, the person conducting the business or undertaking:            (a)  is not required to comply with subclause (1), and            (b)  must ensure that the equipment is inspected for obvious damage                  before being used.      MAXIMUM PENALTY:                    (a)  in the case of an individual - $3,600, or                    (b)  in the case of a body corporate - $18,000                NOTE.  However, electrical equipment that is unsafe must not be used                            (see clause 149)            (3)  The person must ensure that a record of any testing carried out under                  subclause (1) is kept until the electrical is:                    (a)  next tested, or                    (b)  permanently removed from the workplace or disposed of.      MAXIMUM PENALTY:   (a)  in the case of an individual - $1,250   (b)  in the case of a body corporate - $6,000   (4)  The record of testing :           (a)  must specify the following:                 (i)  the name of the person who carried out the testing,                 (ii)  the date of the testing,         (iii)  the outcome of the testing,         (iv)  the date on which the the next testing must be carried out, and               (b)  may be in the form of a tag attached to the electrical             equipment tested. 151 Untested electrical equipment not to be used.      A person conducting a business or undertaking must ensure, so far as is      reasonably practicable, that electrical equipment is not used if the equipment:                (a)  is required to be tested under clause 150, and                (b)  has not been tested      MAXIMUM PENALTY:                (a)  in the case of an individual - $3,600, or                (b)  in the case of a body corporate - $18,00. Division 6 Residual current devices 164 Use of socket outlets in hostile operating environment.           (1)  This clause applies in the following circumstances:                (a)  electrical equipment is used in an environment in which the normal use                      of electrical equipment exposes the equipment to operating conditions                      that are likely to result in damage to the equipment or a reduction in its                      expected life span, including conditions that involve exposure to                      moisture, heat, vibration, mechanical damage, corrosive chemicals or                      dust,                (b)  electrical equipment is moved between different locations in                      circumstances where damage to the equipment or to a flexible                      electricity supply cord is reasonably likely,                (c)  electrical equipment forms part of, or is used in connection with, an                      amusement device.           (2)  In a circumstance set out in sub clause (1), a person conducting a business                 or undertaking at a workplace must ensure, so far as reasonably                 practicable, that any electrical risk associated with the supply of electricity                 to the electrical equipment through a socket outlet in minimised by the use                 of an appropriate residual current device.      MAXIMUM PENALTY:                (a)  in the case of an individual - $6,000, or                (b)  in the case of a body corporate - $30,000           (3)  Without limiting subclause (2), the residual current device must have a                 tripping current that does not exceed 30 milliamps of electricity is supplied                 to the equipment through a socket outlet no exceeding 20 amps.           (4)  Subclause (2) does not apply if the supply of electricity to the electrical                 equipment:                (a)  does not exceed 50 volts alternating current, or                (b)  is direct current, or                (c)  is provided through an isolating transformer that provides at least an                      equivalent level of protection, or                (d)  is provided from a non-earthed socket outlet supplied by an isolated                      winding portable generator that provides at least an equivalent level of                      protection.      NOTES.               1  This clause commences on 1 January 2013 (see clause 2 (2)).               2  Residual current devices are also regulated under the Electricity (Cosumer                   Safety) Act 2004. 165 Testing of residual current devices           (1)  A person with management or control of a workplace must take all                 reasonable steps to ensure that residual current devices are used at the                 workplace are tested regularly by a competent person to ensure that the                 devices are operating effectively      MAXIMUM PENALTY:                (a)  in the case of an individual - $3,600, or                (b)  in the case of a body corporate - $18,000           (2)  The person must keep a record of all testing of a residual current device                 (other than any testing conducted daily) until the earlier of the following                 occurs:                (a)  the device is next tested,                (b)  the device is permanently removed from use.      MAXIMUM PENALTY:                 (a)  in the case of an individual - $1,250, or                 (b)  in the case of a body corporate - $6,000. The information contained in this page has been sourced directly from the Work Health and Safety Regulation 2011 via the NSW Government website. This regulation is stated to be in affect as of the 1st January 2012. To find more information regarding this regulation, visit the WHS site which is located at www.legislation.nsw.gov.au “Test ‘n’ Tag Orange” accepts no responsibility for the information contained within this page and is provided “as is” from the NSW Government website, correct as of 15th June 2012.
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