Your WHS Electrical Safety Obligations — What Australian Businesses Need to Know
Every Australian employer has a legal duty of care under the Work Health and Safety (WHS) Act to provide and maintain a safe working environment. For electrical safety, this duty of care is given practical form through the requirement to inspect, test and tag portable electrical appliances and residual current devices (RCDs/safety switches) used in the workplace.
The Legal Framework
Work Health and Safety Act 2011 (Cth) and state equivalents The harmonised WHS legislation has been adopted in NSW, QLD, SA, WA, TAS, ACT and NT (with some variations). It places a primary duty of care on employers (referred to as “persons conducting a business or undertaking” or PCBUs) to ensure the health and safety of workers.
Work Health and Safety Regulation – Regulation 150 specifically requires that electrical equipment used at a workplace is inspected and tested by a competent person in accordance with AS/NZS 3760 if it is used in a hostile environment. A risk assessment is required for non-hostile environments.
Queensland Electrical Safety Regulations – QLD electrical safety legislation continues to take precedence over the WHS Regulations in the area of electrical safety in that state.
AS/NZS 3760:2022 — In-service Safety Inspection and Testing of Electrical Equipment This is the governing Australian Standard for test and tag. It specifies what must be tested, who may test it, the required tests, testing frequencies, and documentation requirements.
What Is a “Hostile Environment”?
A hostile environment is defined as one where electrical equipment is moves regularly and more likely to be damaged or to develop a fault that could cause harm. Hostile environments include:
- Construction and demolition sites
- Manufacturing, processing and mining operations
- Kitchens and food preparation areas
- Outdoor work environments
- Anywhere equipment may be exposed to moisture, heat, vibration or physical damage
In hostile environments, test and tag is mandatory. In non-hostile environments (areas of offices, retail, etc.), a documented risk assessment is required — and test and tag is the standard method of managing the identified electrical risk via 5 yearly test and tag.
What Must Be Tested?
Any portable electrical equipment connected to mains power via a plug must be considered for testing. This includes:
- Power tools and hand tools
- Extension leads and power boards
- Office equipment — computers, monitors, printers
- Kitchen appliances — kettles, microwaves, toasters
- Portable heaters, fans and air purifiers
- Cleaning equipment — vacuums, floor polishers
- Audio/visual and presentation equipment
Fixed equipment (hardwired to the building) is not subject to test and tag under AS/NZS 3760, but may be subject to other inspection requirements.
State-by-State Variations
While the WHS framework is harmonised across most of Australia, each state and territory has its own specific electrical safety legislation and regulatory body.
ATS technicians are trained in the specific requirements of each jurisdiction.
See our State Specific Regulations page for details.
QLD Electrical Safety Regulations
The QLD Electrical Safety regulations are based on 6 classes of work and take precedence over the Workplace Health and Safety regulations.
Please refer the detailed guide to the QLD Electrical Safety regulations here.
Penalties for Non-Compliance
Failure to meet WHS electrical safety obligations can result in significant consequences:
- Fines and improvement notices from the relevant WHS regulator
- Prosecution of the business and/or individual managers for WHS breaches
- Voided insurance claims — many insurance policies require evidence of compliance
- Legal liability in the event of a workplace electrical injury or fatality
The cost of compliance is small. The cost of non-compliance can be enormous.
What are Test and Tag Regulations?
Model WHS regulations state that all equipment used in a higher risk operating 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 must be tested and tagged.
This higher risk operating environment contains conditions that involve exposure to moisture, heat, vibration, mechanical, damage, corrosive chemicals or dust, and is commonly called a hostile environment.
All items in a hostile environment must therefore be tested and tagged in accordance with AS/NZS 3760:2022. In a Construction environments these items are to be tested and tagged in accordance with AS/NZS 3012:2010.
In order to ensure electrical safety across a broad range of workplaces, the model Electrical Code of Practice states that all items located in a non-hostile environment should be tested and tagged every 5 years in accordance with AS/NZS 3760:2022.
Whilst QLD have enacted the model WHS Act and Regulations, the QLD Electrical Safety Act and Regulations take precedence in that State.
RCD (Safety Switch) Testing Regulations
Model WHS regulations state all businesses operating in a hostile environment – an environment where equipment is moved between locations, where equipment is frequently moved within the location, where damage to equipment is likely or is in connection with an amusement device – must have RCD’s protecting all hostile circuits and must be tested regularly in accordance with AS/NZS 3760:2022.
Whilst QLD have enacted the model WHS Act and Regulations, the QLD Electrical Safety Act and Regulations take precedence in that State.
Check more information about Test and Tag and Electrical Safety
How ATS Helps You Stay Compliant
ATS provides test and tag, RCD testing, exit light testing and fire protection services nationally — all delivered to the relevant Australian Standards and documented digitally through our AIM Portal. Our automated reminder service ensures you never miss a retest date.
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