An insight into reasons for decisions at an Electrical Licensing Committee Hearing

by Commissioner for Electrical Safety Keith McKenzie

Grounds for disciplinary action

At a disciplinary hearing, the Electrical Licensing Committee (the Committee) must determine if grounds exist for taking disciplinary action.

Licensed electrical worker

Section 106 of the Electrical Safety Act 2002 provides the grounds for taking disciplinary action that the Committee considers for a licensed electrical worker. Each of the following is a ground for taking disciplinary action against the holder of an electrical work licence:

the holder performs or supervises electrical work, and,
1. the way the electrical work is performed is not electrically safe; or
2. the person who performs the electrical work is negligent or incompetent in the performance of the work.
the holder performs or supervises electrical work, and because of the performance of the work, a person or property is not electrically safe.
the holder is, or has been, the holder of an electrical contractor licence, and has not complied with a direction of the licensing committee to rectify electrical work.
the holder obtained the electrical work licence by supplying incorrect or misleading information.
the holder no longer complies with eligibility requirements applying for the licence.
the holder commits an offence against this Act.
the holder contravenes a condition or restriction included in the licence.

The most common grounds considered by the Committee are sections 106 (a) and 106 (b).

Licensed electrical contractor

Section 107 of the Electrical Safety Act 2002 provides the grounds for taking disciplinary action that the Committee considers for a licensed electrical contractor.

Each of the following is a ground for taking disciplinary action against the holder of an electrical contractor licence:

the holder performs electrical work, and,
1. the way the electrical work is performed is not electrically safe; or
2. the person who actually performs the electrical work is negligent or incompetent in the performance of the work.
the holder performs electrical work, and because of the performance of the work, a person or property is not electrically safe.
the holder has not given to a person a notice the holder is required under this Act to give the person about electrical work performed by the holder.
the holder has unreasonably delayed rectifying a fault found in an inspection, under this Act, of electrical work performed by the holder.
the holder, or a worker of the holder, intentionally deceives, or tries to deceive, an electricity entity or inspector by:
1. the concealment of inferior work or materials used in electrical work; or
2. a statement about electrical work that is false or misleading in a material particular.
the holder, or a worker of the holder, unlawfully tampers with, or breaks or tampers with the seal attached to, a meter, control apparatus or fuse belonging to an electricity supplier.
the holder, or a worker of the holder, connects an electrical installation, or part of an electrical installation, to a source of supply chargeable at a rate lower than the rate for which electricity supply to the electrical installation or part is chargeable, without the authority of the electricity supplier supplying the electricity.
the holder is a party to an act done by someone else that is an act of a type mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) or knows of the act and does nothing about it.
the holder obtained the electrical contractor licence by supplying incorrect or misleading information.
the holder no longer complies with eligibility requirements applying for the licence, including any requirements about the suitability of the holder to hold an electrical contractor licence.
the holder commits an offence against this Act.
the holder contravenes a condition or restriction included in the licence.
the holder is a partnership, and advises, or causes or allows, a partner or worker of the partnership to perform electrical work, knowing the member or worker is not authorised under this Act to perform the work.
the holder is a corporation, and advises, or causes or allows, an officer or worker of the corporation to perform electrical work, knowing the officer or worker is not authorised under this Act to perform the work.

Subsection (3) states a ground for taking disciplinary action against a person who:

was the holder of an electrical contractor licence when electrical work was performed; and,
is no longer the holder of the licence.

The ground is that the person performed the electrical work, and,
1. the way the electrical work was performed was not electrically safe; or
2. the person who actually performed the electrical work was negligent or incompetent in the performance of the work.
In this section— electricity supplier means a distribution entity or special approval holder who provides customer connection services to an electrical installation or premises.

The most common grounds considered by the Committee are sections 1(a), 1(b), (2) and (3)

Reasons

The Committee will provide the licence holder reasons for their decision/s.

Below are some of the reasons provided, based on the outcome of the disciplinary hearing.

Safe Systems of Work:

Failure to identify electrical hazards, assess risk and implement safe systems of work.
Failure to follow a safe system of work.
Failure to isolate, and lock out and tag out, and persons received an electric shock.
Members of the public and workers exposed to the risk of electric shock.
A person received an electric shock or arc flash and there was the potential for a more serious incident.

Testing:

As a result of not completing all mandatory tests, the reverse polarity was not identified and subsequently a person/people received an electric shock.
By not completing all mandatory tests, the unterminated live wire was not identified and subsequently a person/people received an electric shock.
Failure to record test results.
Insufficient evidence of completing all mandatory tests
Not auditing to ensure correct test and isolation procedures are followed.

Installation:

Failure to ensure electrical installation complies with the Wiring Rules.
Failure to ensure electrical installation complies with the Wiring Rules, resulting in property damage.

Competency:

Failure to demonstrate the electrical safety standard required of AS/NZS3000 Wiring Rules for electrical installation practices.
Failure to demonstrate correct test for dead procedure for restricted electrical licence work.
Failure to understand the correct inspection and testing procedure required of AS/NZS3000 Wiring Rules.

Supervision

Failure to ensure that an apprentice was given appropriate supervision and instructions not to undertake any work where the apprentice could be exposed to an electrical risk.
Failure to adequately supervise an electrical apprentice on-site.
Failure to adequately supervise an electrical worker on-site.
Failure of the PCBU to understand the requirements of the supervision of electrical worker and those working under a training permit.
QTP did not adequately determine the workers competency before sending the person to this job.