The Electrical Safety Act 2002 (Qld) applies to the following duty holders:

• people conducting a business or undertaking (PCBU)
• manufacturers, importers and suppliers of electrical equipment
• designers, installers and repairers of electrical equipment and electrical installations
• people in control of electrical equipment
• workers at places where electrical equipment is located
• officers of the PCBU
• other people at places where electrical equipment is located
• electricity entities
• PCBUs who conduct a recognised external certification scheme.

In situations where the Work Health and Safety Act 2011 (Qld) and the Electrical Safety Act 2002 (Qld) both apply, the Electrical Safety Act 2002 (Qld) takes precedence.

Changes to electrical safety laws

In August 2017, some amendments to the Electrical Safety Act 2002 (Qld) came into effect.

A summary of key changes include:

• the Electrical Licensing Committee (ELC) now have the ability to direct an electrical work licence holder to undergo a reassessment of a specified competency, or element of competency if there is concern with the level of competency of the licence holder
• the regulator may issue an Immediate Suspension Notice to an electrical work licence holder if they have a reasonable belief that a licence holder performs or supervises electrical work and that work may have:
  • caused the death of a person

  or

  • caused grievous bodily harm to a person

  or

  • caused imminent serious risk to the health or safety of a person.

Also consider...

• Learn about Queensland's Electrical Safety Regulation 2013.

Electrical safety codes of practice

Four electrical safety codes of practice that may be useful in helping you to maintain a safe workplace:

• Electrical safety code of practice 2020 – Electrical equipment rural industry (PDF, 668KB)
• Electrical safety code of practice 2021 – Managing electrical risks in the workplace (PDF, 1.2MB)
• Electrical safety code of practice 2020 – Working near overhead and underground electric lines (PDF, 477KB)
• Electrical safety code of practice 2020 – Works (PDF, 341KB)

A code of practice applies to anyone who has a duty of care in the circumstances described in the code. The codes of practice provide guidance for electrical safety duties and standards required under the Electrical Safety Act 2002 (Qld). They also outline effective ways to identify and manage electrical safety risks.

The codes of practice deal with particular issues and do not cover every hazard or risk. You are required to consider all electrical safety risks, not just those outlined in the regulations and codes of practice. You should read the electrical safety codes of practice along with other codes of practice such as How to manage work health and safety risks – code of practice 2021 (PDF, 670KB).

Following the codes of practice generally means that you have achieved compliance in your workplace.

Codes of practice can be used in court proceedings as the courts may regard a code of practice as evidence of what is known about a hazard, risk or control. The courts may rely on the code in determining what is reasonably practicable in the circumstances to which the code relates.

Electrical Safety Regulation

The Electrical Safety Act 2002 (Qld), supported by the Electrical Safety Regulation 2013 (Qld) and the 4 codes of practice contain information on how to identify and manage electrical safety risks. They can help you to make your workplace safer.

The Electrical Safety Regulation 2013 (Qld) helps you to identify specific ways to meet your electrical safety duties under the Electrical Safety Act 2002 (Qld) and establishes requirements for:

• electrical work
• electrical licensing
• working near overhead and underground electric lines
• electrical installations
• in-scope electrical equipment
• works of an electricity entity
• electricity supply
• safety management systems for prescribed electricity entities
• cathodic protection systems
• incident notification and reporting.

It is important to realise that the Electrical Safety Regulation 2013 (Qld) does not identify all that you need to do in order to fulfil your duties.

Electrical Safety Office inspectors help to educate workplaces and the public on electrical safety matters and conduct investigations and compliance actions to enforce Queensland's safety laws.

Inspectors, their conduct and entry powers

Inspector's entry powers

Inspectors are appointed under the Electrical Safety Act 2002. They have the power to enter any place that:

• would be is a workplace, or the inspector reasonably suspects is a workplace, under the control of a person who has an electrical safety duty, and is:
  • open for carrying on business

  or

  • otherwise open for entry
• entry is urgently required to investigate the circumstances of a serious electrical incident or dangerous electrical event
• they have an authorised search warrant for.

For places used for residential purposes, entry by an inspector is only exercisable:

• with the consent of the person with management or control of the place

or

• under the authorised search warrant.

To minimise inconvenience to your workplace or another area, inspectors aim to carry out their role in a consultative manner. It is an offence to not allow the inspector to carry out their duties. You should not obstruct, threaten or interfere with inspectors who are exercising their powers.

The Electrical Safety Office checks (audits) businesses and individuals across industries to make sure that businesses are operating in an electrically safe way and are meeting their dutie.

Some of the types of businesses and licence holders that may be audited are listed in the following sections.

Electrical contractors

An electrical safety inspector may audit you if you are an electrical contractor. They will look at your safe work policies, work procedures and electrical work as required under the Electrical Safety Act 2002.

Your business will receive a letter or be contacted by an electrical safety inspector before the audit.

To help with the audit process, make sure you have any documentation about how you meet your obligations under the Act.

Queensland Building and Construction Commission licence holders

The electrical safety inspector may audit you if you are a Building Service Authority (BSA) licence holder if you do not hold an electrical contractor licence but your business carries out electrical work.

The inspector will look at whether you and your workers are working in a way that keeps you safe with electricity and make sure that your workplace procedures ensure that other people and property are free from electrical risk.

The audit is also an opportunity to educate you on your duties and requirements and to let you know where you may find useful information.

Employers who employ electrical workers

If you are an employer (other than an electrical contractor), who employs electrical workers (including apprentices) or engages electrical contractors, then you have an obligation under the Act to ensure that their business or undertaking when working with electricity is conducted in safe way.

The electrical safety inspector will look at whether you and your workers are working in a manner that is safe with electricity and protects other people and property from electrical risk. This audit can help to educate you on your duties and requirements as an employer and provide you with useful information.

Air conditioning industry

The electrical safety inspector may carry out an audit on you if you are an air conditioning installer who does not hold an electrical contractor licence. The inspector will make sure that you (and your workers) are working with electricity in a manner that is safe and that other people and property are free from electrical risk. The audit is an opportunity to educate you on your duties and requirements and let you know where you may find useful information.

Electrical repairers

The electrical safety inspector may audit you if you do not hold an electrical contractor licence but are a workplace whose business operations include repairing electrical equipment. The aim is to make sure that you and your workers are working with electricity in a manner that is safe and that other people and property are free from electrical risk. The inspector will make sure that you are fulfilling the licensing requirements and the safe systems of work in accordance with the Act.

Unlicensed electrical work

Electrical safety inspectors carry out audits to identify unlicensed people who perform electrical work. If you advertise that you perform electrical work you are required under the Electrical Safety Regulation 2013 (Qld) to advertise the name of the licence holder (or registered business name) and your electrical contractor licence number.

Electrical licence register validation

Under the Electrical Safety Regulation 2013 (Qld), if you are an employer or self-employed then you are required to keep a register of workers engaged to perform or supervise electrical work. The electrical safety inspector will not visit you to make sure that you have this information but instead the Electrical Safety Office will request a copy of this register.

Insulation installers

An electrical safety inspector may audit you if you are a ceiling insulation installer (commercial and domestic) to make sure you meet the requirements of the Electrical Safety Regulation 2013 (Qld). The inspector will determine if you are aware of electrical safety risks related to the nature of your work and if you know how to address these risks. The inspection also focuses on whether you have procedures in place to address the risks associated with installing thermal insulation near electrical equipment in the ceiling.

Pool installers

If you are a business involved in the pool construction industry (including construction of pool fencing), then you may be audited to ensure that your business or undertaking is conducted in a way that is electrically safe.

New electrical equipment

Electric safety inspectors may conduct an audit if your business involves the selling of new electrical equipment. Retailers, wholesalers, internet, second-hand, auction sellers and market sellers are required to ensure the electrical products they supply are safe and meet the relevant standards. Sellers of new in-scope electrical equipment must also ensure that their products are linked to a registered responsible supplier.

Decorative lighting

Electrical safety inspectors may audit you if you sell Christmas lights (decorative lighting equipment) to ensure the electrical products you supply are safe and meet the relevant standards.

Also consider...

• Learn more about workplace inspections by Electrical Safety Office Inspectors.

Compliance support to new electrical contractors

If you are a new electrical contractor licence holder you will be invited to meet with electrical safety inspectors to discuss your electrical safety duties.

The sessions with the inspectors will focus on:

• improving your working knowledge of how electrical safety is regulated
• helping you understand electrical safety legislation and the codes of practice
• managing risk
• developing a safety management system and teaching you about its importance.

Electrical contractor workshops

There are statewide electrical safety workshops for electrical contractors who are interested in learning more about safety and their duties under the law. The workshops run for 2 hours at a number of locations throughout Queensland. They provide a small group of electrical contractors (a maximum of 8 participants per workshop) with the opportunity to:

• find out how electrical safety is regulated in Queensland
• learn about electrical safety legislation and the codes of practice
• gain an understanding of risk management and the importance of developing a safety management system
• learn what resources are available to assist them with safety
• meet electrical safety inspectors
• ask questions about electrical safety and raise any electrical safety issues that are affecting their business.

For further information email eso.compliance@oir.qld.gov.au.