ESOLA Act: Your questions answered

No items of prescribed electrical equipment are included in the ESOLA Act.  

See what items are prescribed and learn more about prescribed electrical equipment.

Prescribed electrical equipment is extra low voltage equipment that is placing or may place persons or property at electrical risk and is prescribed by regulation.

Where there is evidence that shows a particular type of extra low voltage equipment is posing electrical risk to persons or property, the Queensland Government will consider the most appropriate regulatory lever in response to the electrical risk, including whether the equipment should be prescribed as prescribed electrical equipment.

In considering whether an item should be prescribed, the Queensland Government will undertake regulatory impact assessment to determine the impact on business, industry and the community, including whether existing licensing frameworks and industry processes are impacted or duplicated. The Queensland Government will also consult with the community, industry, registered unions, peak bodies and impacted Queensland government agencies on any proposals to prescribe prescribed electrical equipment.

See what items are prescribed and learn more about prescribed electrical equipment.

No. Electric cars, electric trucks and electric buses will not be captured as prescribed electrical equipment.

As these vehicles are operated by low voltage propulsion systems, they remain outside of the scope of the prescribed electrical equipment framework.

The ESOLA Act amended the electrical work definition to ensure that particular work tasks are not electrical work and therefore do not need to be completed by a licensed electrical worker.

The following work involving prescribed electrical equipment does not require a licence:

The ESOLA Act amended the electrical installation definition in recognition that changes in the technological landscape means that energy generation is no longer singularly confined to electricity entities and generation entities.

Work on energy generation and storage systems that are not works of an electricity entity, is electrical installation work.

An electrical mechanic licence is required to complete electrical work on these systems.

Learn more about electrical licence classes.

Replacement of similar appliances is electrical equipment work, where the following circumstances are met:

• the similar appliance has:
  • a voltage rating that is the same as the voltage rating of the appliance included in the electrical installation (the old appliance); and
  • a current rating that is not greater than the current rating of the old appliance; and
  • a power rating that is not greater than the power rating of the old appliance; and
  • the same way of performing the function as the old appliance; and
  • electrical characteristics that are the same as or better than the electrical characteristics of the old appliance (such as ingress protection rating, insulation, earthing, operating temperature); and
• the electrical installation is not located in a hazardous area.

Replacement of similar appliances in these circumstances can be carried out by electrical fitter licence holders and electrical mechanic licence holders. Some restricted electrical licence holders may also be able to do this work where it is within their licence scope.

Learn more about electrical licence classes.

The ESOLA Act aligned powers for inspectors under the Electrical Safety Act 2002 with those under the Work Health and Safety Act 2011.

These changes mean inspectors can request access to documents and answers to questions within 30 days of entering a place, without needing to re-enter. This is intended to improve the efficiency of investigations and decrease disturbances to places by minimising re-entry on site.

The changes also mean that where you need to appear to answer an inspector’s question, you or the inspector can request that the meeting occurs via audio or audio-visual means, instead of in person.

The Electrical Licensing Committee is responsible for taking disciplinary actions against licence holders that have breached the Electrical Safety Act 2002. Disciplinary actions available to the Electrical Licensing Committee include suspending or disqualifying a licence and issuing a penalty.

The ESOLA Act clarified the ability of the Electrical Licensing Committee to include a condition or restriction in a licence as a form of disciplinary action. A condition could include attending a particular training course within a specified amount of time.

Where the Electrical Licensing Committee includes a condition or restriction in your licence you must inform the person you perform or supervise electrical work for.

The ESOLA Act also introduced a mechanism for you to apply to have a condition or restriction changed or removed from your licence.

The ESOLA Act reforms several areas of Queensland’s implementation of the EESS with a focus on ensuring consistency with corresponding law and clarity and responsiveness in the framework. Enhancements to Queensland’s implementation of the EESS include:

• Replacement of a general definition of ‘corresponding law’ with prescription of ‘corresponding laws’ in the Electrical Safety Regulation 2013 providing additional clarity as to which laws are corresponding laws. Electricity Safety Act 1998 (Vic) is prescribed as a corresponding law.
• Changes to the definition of ‘in-scope electrical equipment’ to prescribe the voltage range that applies to in-scope electrical equipment. The voltage range is low voltage. Additionally, amendments to the ‘in-scope electrical equipment definition’ to allow the regulator to prescribe particular items as not in-scope electrical equipment. No items have been prescribed as not in-scope electrical equipment.
• Removal of a redundant record keeping requirement in the national register. This change does not affect the registration or requirements for registered responsible suppliers or registered in-scope electrical equipment.

Learn more about Electrical Equipment Safety System.

The ESOLA Act provides for the following transitional arrangements:

• Inspectors who have entered a place before the commencement of the ESOLA Act must exercise powers in accordance with sections 141 and 141B of the Electrical Safety Act 2002 as in force before the commencement of the ESOLA Act.
• Proceedings under section 186 of the Electrical Safety Act 2002 continue to be brought by the WHS Prosecutor.
• A notice under section 186B of the Electrical Safety Act 2002 received by the regulator before commencement of the ESOLA Act remains subject to the timing considerations of section 186B as provided before the ESOLA Act.

The 2018 review of the model Work Health and Safety (WHS) laws (Boland Review) recommended including the fault element of gross negligence or its equivalent in the Category 1 offence in the model WHS Act (Recommendation 23a). This is in addition to the existing fault element of reckless conduct.

The Boland Review found that the current threshold of reckless conduct is contributing to a low number of successful Category 1 prosecutions across WHS jurisdictions.

The ESOLA Act introduces the fault element of ‘negligence’ into the Category 1 offence in the WHS Act, rather than ‘gross negligence’. This is consistent with the terminology used in the industrial manslaughter offence in the WHS Act and means that the existing standard of criminal negligence will apply to both offences.

This amendment to the Category 1 offence ensures that duty holders whose negligent conduct exposes workers to a risk of serious harm or fatal injury can be subject to the same significant penalties as applies to reckless conduct.

The ESOLA Act expands the scope of the industrial manslaughter offence beyond workers to capture all individuals (e.g. bystanders/other persons) to whom a health and safety duty is owed. This means that the offence applies to all circumstances where an individual is owed a health and safety duty and negligent conduct causes the death of the person.

Capturing ‘other persons’ in the offence ensures that the negligent work-related deaths of other persons can be treated with the same level of seriousness as the negligent death of workers. This meets the expectations of society around safety in the workplace and that companies, and the senior officers working for them, must do all that they can to ensure the safety of all persons at their workplaces.

The expanded scope of the offence brings Queensland’s industrial manslaughter laws in line with those in other jurisdictions in Australia and facilitates a nationally consistent approach to industrial manslaughter.

No. The offence does not apply retrospectively. A person can only be charged with industrial manslaughter in relation to the death of someone who is not a worker (but is still owed a health and safety duty) if the offence occurred after the ESOLA Act commenced.

Individuals and persons conducting a business or undertaking (PCBUs) have always been able to be prosecuted for manslaughter under the Queensland Criminal Code. However, there are limitations with establishing corporate criminal responsibility for manslaughter under the Criminal Code. In particular, successful prosecution of large corporations is difficult under the Criminal Code on account of the need to identify an individual director or employee as the directing mind and will of the corporation.

Expanding the scope of industrial manslaughter to capture the negligent death of other persons (who are owed a health and safety duty) ensures that these prosecutions can extend to the highest levels of a corporation. This is because it enables the conduct of employees, agents and officers to be attributed to the corporation. For example, directions from senior leadership in a PCBU to cut corners can lead to an acceptance and culture of poor safety standards.

It is also an important reminder to senior management to instil a positive health and safety culture in their workplace.

The ESOLA Act establishes a comprehensive framework of alternative verdicts for the most serious offences in the WHS Act.

Under the framework, if a jury is not satisfied that an industrial manslaughter offence has been proven beyond reasonable doubt, the jury can bring an alternative verdict of a Category 1 or Category 2 offence. For a Category 1 offence, an alternative verdict of a Category 2 offence can be made. The alternative verdict must be established by the evidence.

The alternative verdict framework will support the work of the Office of the WHS Prosecutor in seeking the highest penalties available under the WHS Act for the most serious circumstances involving work-related fatalities or the risk of fatality or serious injury or illness. Where the jury is not satisfied beyond reasonable doubt that the defendant is guilty of the offence they have been charged with, the defendant can be found guilty of an alternative offence, where it is supported by the evidence, rather than being acquitted.

The ESOLA Act enables:

• HSRs to conduct tests and take measurements to assist them in exercising their powers and functions, such as monitoring the measures taken by the person conducting the relevant business or undertaking to manage risk
• EPHs to conduct tests and take measurements to assist them in inquiring into a suspected contravention.

Measurements must be taken, and tests conducted, in compliance with the WHS Act and any other relevant laws. OIR is developing guidance material to assist HSRs, EPHs and PCBUs to navigate these new requirements.

An HSR can only take a photo or video for the purpose of identifying or recording a hazard or risk to the health and safety of workers in the workgroup.

Photos and videos can only be taken:

• for the purpose of identifying or recording a hazard or risk, or the extent of a hazard or risk to the health or safety of workers in the work group
• at a part of the relevant worker’s workplace, and
• of either a worker in the workgroup, or a worker whose actions are directly affecting a worker in the workgroup.

In taking a photo or video, an HSR must not:

• take a photo or video of a person participating in certain interviews with an inspector or PCBU
• take a photo or video that records the image or voice of any other person, or
• livestream the photo or video.

An HSR cannot indiscriminately take a photo or video of anything at any time (for example, an HSR could not use a body worn camera and record everything that comes into frame).

The WHS Act and certain privacy laws, such the Privacy Act 1988 (Cth), regulate the collection, use and disclosure of personal information, which may include photos and videos of people.

OIR is developing guidance to assist HSRs to understand their rights and responsibilities when taking photos or videos to identify or record a hazard or risk to the health of safety of workers in the work group.

An EPH can take a photo or video:

• at the workplace if directly relevant to a suspected contravention, and
• of a relevant worker or a worker at the workplace whose actions are directly affecting a relevant worker.

In taking a photo or video, an EPH must not:

• take a photo or video that records the image or voice of any other person, and
• livestream the photo or video.

An EPH cannot indiscriminately take a photo or video of anything at any time (for example, an EPH cannot use a body worn camera and record everything at the workplace that comes into frame). The WHS Act and certain privacy laws, such as the Privacy Act 1988 (Cth), regulate the collection, use and disclosure of personal information, which may include photos or videos of people.

OIR is developing guidance to assist EPHs to understand their rights and responsibilities when taking photos or videos of suspected contraventions.

Prohibiting the live streaming of photos and videos taken by HSRs or EPHs ensures there are privacy protections for people who may be in a photo or video. This prohibition also ensures information isn’t unintentionally disclosed outside the parameters of the WHS Act framework.

To live stream when taking a photo or video would immediately use and disclose the information at the same time as collecting it. This may contravene privacy laws and sections 148 or 271 of the WHS Act.

No. The ESOLA Act does not provide any rights for EPHs or HSRs to take photos or videos of inspectors undertaking their duties, or to publish any such information, including on the internet or social media.

The ESOLA Act only provides rights to HSRs and EPHs to take photos and videos of relevant workers, or other workers whose actions are directly affecting a worker.

An EPH or HSR may breach the WHS Act if they:

• take a photo or video they are not allowed to take e.g. of a person who is not a worker, such as an inspector; or
• use or disclose a photo or video taken in a way that is not permitted e.g. live streaming a photo or video.

Where an HSR or EPH is alleged to have breached the WHS Act in taking photos or videos, the regulator may make further enquiries, conduct investigations, or issue certain notices. In certain circumstances, the regulator may apply to the QIRC for a WHS entry permit held by a person to be revoked.

In serious cases, the regulator may refer the alleged breach to the Work Health and Safety Prosecutor.