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Posted By Topic: Test N Tag - Legal requirement or not

ryanm10
Feb 18 2018 19:18

The energysafe website has now merged with the Worksafe website and Im now finding this info hard to find. Every testing company states that its a legal requirement, is this misleading or have the rules changed?
   

mf51to1
Feb 18 2018 19:28

Good topic here

https://www.electricalforum.co.nz/index.php?action=more_details&id=1511927339
   

gregmcc
Feb 18 2018 19:54

The way I read it, AS/NZS 3760 the test and tag standard isn\'t a legal requirement, but the regs say if an appliance is tested and passes this standard is is deemed to be \"electrically safe\", so this is a easy way to prove to worksafe that all practical steps have been take to ensure electrical safety of an appliance. You could develop your own test method that proves electrical safety, but why there is already one that ready to use and supported by the electrical regs.
   

mowgli
Feb 18 2018 20:07

ESR15 mandates that appliances used must not be electrically unsafe.

ESR26 says that T&T of appliances achieves electrically safe.

It doesn\'t follow that the absence of T&T leads to electrically unsafe. Neither does ESR15 require appliances to be electrically safe. So there\'s a great big grey area.

The bit they might hang you with would be H&S. Have you taken all reasonable and practical steps to protect your staff from electrical hazards? T&T done properly may achieve that. RCDs on final subcircuits and periodic verfication of the installation could be at least as effective.
   

daniel2
Feb 18 2018 21:11

Is it something to do with workplace health and safety - task analysis and SSSP?
   

AlecK
Feb 19 2018 08:35

As always, if anyone says something is either \"a requirement\" or \"forbidden\"; ask for chapter & verse of the rule that makes it so.

In the case of T&T, there simply isn\'t any rule, anywhere in either electrical or HSW law, that makes it a legal requirement. That said, it can be made mandatory by contract (eg by a head contractor including it as a condition of contract for subbies)

Under HSW, it may be a reasonably practicable step towards maintaining a safe workplace; however it isn\'t necessarily \"all reasonably practicable steps\" so may not be enough by itself on the electrical front. Under Electrical it gets appliances used by employees to \"deemed electrically safe\" . Currently, using RCDs doesn\'t do that - but using RCDs is still a practicable step and therefore has to be included under \"all practicable steps\".

Theoretically, you could be prosecuted under H&S for not taking a step that might have reduced risk. In practice, you are unlikely to be prosecuted unless / until something happens. However Worksafe becoming more proactive, and adopting a guilty-until-proved-innocent approach to all sorts of risk factors, it would be very unwise to do nothing, and if adopting an alternative methodology against workplace risks from electrical appliances you should have your alternative method well documented and supported by evidence
   

SteveH
Feb 22 2018 08:18

\"Managing risk
HSWA requires work-related health and safety risks to be managed. This means taking into consideration the potential for work-related health conditions (including both physical and psychological acute or long-term illnesses) and catastrophic harm, as well as the acute injuries that could occur.\"
(from briefing paper supplied to incoming Minister for Workplace Relations & Safety)

\"Under HSW, it may be a reasonably practicable step towards maintaining a safe workplace; however it isn\'t necessarily \"all reasonably practicable steps\" so may not be enough by itself on the electrical front. Under Electrical it gets appliances used by employees to \"deemed electrically safe\"\"

Totally agree with this statement, and this requires \"competent assessment and testing IAW appropriate standards and applicable regulations. Something that isn\'t covered in E(S)R\'s and is mentioned in an Appendix of AS/NZS 3760- which is largely ignored or completely unknown

\" Currently, using RCDs doesn\'t do that - but using RCDs is still a practicable step and therefore has to be included under \"all practicable steps\".\"

Would also agree that RCD\'s and an improved \"testing regime\" for them should be a feature of deemed safe under E(S)R 26.

As the Electrical (Safety) Regulations are in review,if you have an opinion on this matter, suggest you write a letter to the relevant minister and put your view forward- my company Port Appliance Test & Tag ltd is