WorkSafe - Energy Safety has successfully prosecuted an electrical worker, Stephen Graham Burton, under s163C of the Electricity Act 1992 for failing to test prescribed electrical work he had completed that ultimately resulted in a fatality. 

The electrical worker was sentenced in the Nelson District Court to eight months home detention and ordered to pay $150k in reparation. 

This conviction and sentencing sets important precedent for all electrical workers in New Zealand highlighting the need to carry out mandatory testing specified in the regulations to ensure their electrical work is compliant and safe to use.

The electrical worker was engaged by a property owner to remove an outdated extraction light and fan appliance and then install a new power point to supply a newly installed range hood. The power point was connected to the existing cable that was originally supplying the old appliance.  

The existing cable was connected to a double switch plate, where the red active was being used to switch the fan and the green earth conductor was sleeved red to switch the light within the old appliance. 

It was an acceptable practice under previous legislation to identify and use an earth conductor as a live conductor.  

During the installation of the power point the electrical worker failed to identify correctly how the cable was originally connected into the old appliance or that the earth conductor was used as an active to switch the light within the old appliance.  

As a result, the earth in the socket outlet and therefore the metal work of the newly installed range hood became energised with 230VAC.  

Had the electrical worker carried out the mandatory testing and verification, he would have identified that the earth conductor was originally being used as a live conductor. 

Twenty days later a contractor was engaged to carry out some minor building work around the newly installed range hood. While the work was being carried out, the contractor received a fatal electric shock after touching the metal work of the range hood. 

The investigation identified several failings, most importantly that the electrical worker had failed to fully undertake mandatory testing as required under legislation. 

WorkSafe - Energy Safety operates a proactive audit programme, employing a risk-based approach that targets electrical and gas appliances, equipment, and products supplied within New Zealand. As part of this initiative, we have been conducting audits of discount stores across the country. 

The primary focus for these audits has been on identifying unsafe electrical and gas products that fail to meet the standards required by the Electricity (Safety) Regulations 2010.The team has been diligent in tracing the origins of these products and identifying the importers involved.  

As a result, we have identified a significant quantity of non-compliant/unsafe electrical and gas products which have since been removed from the New Zealand market. In addition to issuing infringements and warnings, the team have been actively engaging with suppliers and importers to educate them on their obligations under the Electricity (Safety) Regulations 2010. 

While not all products audited were found to be unsafe or non-compliant, the audits revealed some common themes. In particular, it was found that previously prohibited items such as travel adapters designed for overseas appliances and gas flame torches were being offered for sale. However, some new products such as USB adapters were also found to be electrically unsafe. 

Energy Safety remains committed to monitoring stores selling such products to safeguard the public against sub-standard items that do not meet regulatory requirements. 

To notify us of an unsafe electrical and gas product, please use the product appliance complaint form. 

WorkSafe - Energy Safety is seeing unsafe work practices being carried out when working near overhead electric lines, for example scaffolding that has been erected touching overhead electric lines. These practices could lead to serious injuries from electric shock and many of these cases have led to WorkSafe undertaking compliance action such as issuing prohibition notices at construction sites.  

Remember your legal obligations when working near low voltage overhead electric lines. Regulation 17 of the Electricity (Safety) Regulations 2010 requires that a person who carries out any construction, building, excavation, or other work on or near an electric line must maintain distances in accordance with Electrical Code of Practice (ECP) 34.  

A guide for working near low voltage overhead electric lines was created by an industry working group and published by WorkSafe to assist with meeting these legal obligations within a property boundary. The guide clearly explains how to manage the risk of electric shock while work is being done near a live low voltage overhead electric line within a property boundary.

The guide sets out principles that must be applied when working near low voltage overhead electric lines including:

• If work needs to be done near a live low voltage overhead electric line, the safest option is to eliminate the risk of electric shock by having the electricity supply isolated before work starts. 
• If isolating the electricity supply is not possible, workers must maintain a minimum approach distance (MAD) so that they keep their body, tools and equipment a safe distance from the overhead line. 
• With written consent from the line owner (within the boundary this will normally be the property owner) any person doing work must maintain a MAD of at least 0.5 metres from the overhead line. 
• Without written consent from the line owner, any person doing work must maintain a MAD of at least 4 metres from the overhead line. 
• As well as maintaining a MAD, WorkSafe expects additional control measures to be used to minimise the risk of electric shock. 

There are also specific MADs and consents required for temporary structures (such as scaffolding) and mobile plant in use near an overhead line which follow these same principles.