The Electrical Safety and Other Legislation Amendment Regulation 2024 (ESOLA Regulation)

Michael Gibson: Hi, I am Michael Gibson, Director of Field Services at the Electrical Safety Office.

Brian Richardson: And I'm Brian Richardson, a Director in the Electrical Safety Office.

Kirsty McLean: And I'm Kirsty McLean, Manager of Electrical Safety Policy.

Today, we're going to run you through some recent legislative changes that have occurred as part of the Electrical Safety and Other Legislation Amendment Regulation 2024, also known as the ESOLA Regulation.

We'll start with changes that have commenced, then changes that commence in 2025.

And finally, we'll let you know where you can find out more.

But first up, I would like to start today by respectfully acknowledging the Traditional Owners of the land in which we meet today. We pay our respects to Elders past, present and extend that respect to Aboriginal and Torres Strait Islander people listening today.

Brian Richardson: So first things first, where have these changes come from? The changes to the electrical safety regulation that we are going to talk about today, as a result of recommendations made by the independent review of Queensland's Electrical Safety Act.

While this review was focused on the Act, recommendations made by the review spanned the whole electrical safety framework.

Kirsty McLean: The changes to the electrical safety regulation can be split into two key groups, those that have already commenced and those that will commence in 2025.

So what changes have already commenced? The group of changes that are already in force focus on clarifying and streamlining the electrical safety framework. In other words, these changes are relatively minor, but make adjustments generally seeking to make requirements clearer or increase efficiency.

The first of these changes relates to testing. The review identified a need to provide additional clarity on the status of testing as energised electrical work.

Michael Gibson: It is already an expectation that any time you test energised electrical equipment, that testing occurs in line with energised electrical work requirements.

To make the existing requirements clearer, the ESOLA Regulation inserts some examples of the types of testing that are considered energised electrical work. This includes detecting a fault or defect in electrical equipment, locating a fault or defect in electrical equipment, measuring the performance of electrical equipment and verifying compliance with the wiring rules.

Additionally, there are a few structural changes to the regulation to reduce duplication and make the requirements clearer. The old section 14 and 18 have been combined into section 14 to make it clear when you can and cannot carry out work on energised electrical equipment. The old section 18 has been removed.

Finally, if you are testing to determine if equipment is energised, testing for dead, this is energised electrical work. And this must be undertaken in line with energised electrical work requirements.

Brian Richardson: The second area of clarification relates to the Queensland's implementation of the Electrical Equipment Safety System, commonly known as the EESS, which regulates low-voltage consumer electrical equipment.

The review identified several areas of reform to provide additional clarity in the EESS framework in Queensland, and therefore the ESOLA Regulation makes several changes to streamline and clarify Queensland's implementation of the EESS.

This includes clarifying that, in addition to certificates of conformity, certificates of suitability can be issued by a recognised external certification scheme, otherwise known as a RECS certifier, and that these certificates can also be issued under a corresponding law.

The requirements for the two types of certificates are the same, that is, a certificate of suitability must also be issued in accordance with the equipment safety rules.

In light of modern technology and accessing information online, the regulator will now publish notices of intending to approve declared schemes, the RECS certifiers, on the department's website, as well as on the EESS website, as opposed to the current method of publishing it in a newspaper.

The ESOLA Regulation also provides clarity to the definition of second-hand, and how the electrical safety requirements for the sale of second-hand items of equipment apply to everyone, including volunteer associations, charities and other non-profit organisations, as well as individuals selling these things online, marketplaces on the web and the like.

Kirsty McLean: A further area of clarification provided by the ESOLA Regulation in response to the review relates to safety switches on general purpose socket outlets in Queensland domestic residences.

Since 1992 in Queensland, it has been mandatory for all new homes to have safety switches on general purpose socket outlets installed.

Since 2002, Queensland's electrical safety legislation has sought to bring all properties in Queensland up to this standard, through requirements triggered by transfer of properties, electrical installation work on properties and tenancy agreements.

The review identified these legacy requirements contained a number of obsolete dates. Changes clarify that you are required to ensure within 90 days after becoming the owner of a property, you must ensure an approved safety switch is installed for any general purpose socket outlet on the property.

Changes also clarify that where an owner of a residential property enters into a residential tenancy agreement, within 90 days after the start date of the agreement, an approved safety switch is installed for any general purpose socket outlet on the property.

Whilst not mandatory, you should consider having safety switches installed on all the circuits in your home, including powerpoints, lights, air conditioning, oven, hot water and pool equipment circuits.

Brian Richardson: Next, I'm going to talk to you about the changes to auditing requirements for electrical installations in hazardous areas. Amendments have been made to clarify that an accredited auditor inspection is not required for replacement of electrical equipment in a hazardous area electrical installation, where it meets prescribed circumstances. That is, it is similar electrical equipment that is being replaced.

These changes recognise that the like for like replacement of some electrical equipment does not change the risk profile of the electrical installation. The requirements clarify that it is where the replacement equipment is similar electrical equipment and that is in respect to its voltage ratings, power ratings, current ratings, functions, electrical characteristics and frequency range as examples.

It's important to note that if the electrical equipment being replaced is a switchboard, cable or a wire, or the electrical installation is a high voltage electrical installation, the replacement will always require inspection by an accredited auditor prior to connection or reconnection to the electricity supply.

This concludes the first group of changes that we have commenced and that we will talk about today.

Please note the ESOLA Regulation also makes a few additional minor and machinery changes, correcting erroneous references, old examples and also updates the list of prescribed electricity entities.

Kirsty McLean: We will now shift our focus to changes that commence in 2025.

The first of these changes commences on the 1st of January 2025. From 1 January, electrical contractors will have 10 business days to notify the regulator where a qualified businessperson, known as a QBP, or qualified technical person, known as a QTP, should no longer be endorsed on their licence.

Given access to modern technology such as online forms, it is appropriate that notification should happen sooner. Further, the automatic suspension and automatic cancellation of electrical contractor licences will occur after 30 days, where there is no QTP or QBP endorsed on the licence. This change clarified the timeframe as 30 days as opposed to one month.

Michael Gibson: Also commencing on the 1st of January 2025 are requirements addressing the risk of arc flash.

Electrical work near an exposed energised part of electrical equipment poses an arc flash risk, which can result in serious burns and injuries to workers. In recognition of this risk, existing requirements for electrical work on energised electrical equipment from the 1st of January 2025 will be expanded to electrical work near energised electrical equipment.

"Near" in this circumstance refers to being within three metres of an exposed energised part of the electrical equipment. An exposed part is one that is bare, not effectively insulated or not effectively guarded by a fixed barrier or an earthed metal shield. From the 1st of January 2025, performing electrical work near energised electrical equipment is prohibited unless one of the exemption applies.

An exemption applies if it is necessary for the health and safety for the work to be carried out properly or there is no alternative means of carrying out the work. If you do carry out electrical work near energised equipment, you must comply with the additional safety requirements outlined in legislation for electrical work on or near energised electrical equipment.

This includes undertaking and recording a risk assessment and safe work method statements, using appropriate tools and personal and protective equipment which are suitable, properly tested and are in good working order.

Kirsty McLean: The third set of changes commencing on 1 January 2025 relates to the electrical risk of working in the roof spaces of domestic buildings. From 1 January 2025, new requirements will apply to all persons conducting a business or undertaking, known as a PCBU, and workers who carry out work in or otherwise enter domestic roof spaces. These requirements are not limited to licensed electrical workers.

Domestic buildings are defined as building classes 1, 2 and 10A from the Building Code of Australia. This includes houses, townhouses, row houses, apartments, boarding houses, guest houses, some hostels, sheds, carports and garages.

The new requirements mean that PCBU's and workers will be required to either de-energise the relevant electrical installations for the building or comply with the additional safety requirements where prescribed circumstances apply.

These changes recognise the most effective way to reduce electrical risk when carrying out work or entering a domestic roof space is to de-energise the building's relevant electrical installations. This can be achieved by turning the power off at the main switchboard. You don't need to be an electrician in order to turn the power off.

A prescribed circumstance is where it is not reasonably practicable to carry out the work or entry while the electrical installation is de-energised, such as a solar panel supply cable running through the roof. Or if you need the power on in order to test, service or commission a thing, being something other than electrical equipment.

Where prescribed circumstances apply, you must comply with additional safety requirements. Additional safety requirements include conducting and recording a risk assessment and statement for the work or entry and ensuring that the work or entry complies with the statement.

These requirements seek to embed existing industry practice and regulator expectations to provide a safe work environment for Queenslanders.

Michael Gibson: In terms of what is meant by the roof space of a building, the roof space refers to the space immediately under the roof or the space between the roof and the ceiling, including the ceiling structure. The roof space does not refer to a habitable area, such as a converted loft.

These requirements apply whether you fully enter the roof space, climb through the roof space or just insert a hand into the roof space. This applies to all professions, whether it relates to pest control, insulation activities, roof and ceiling repair or electrical work, including air conditioning repair.

Noting any electrical work on or near energised electrical equipment is instead subject to the requirements for electrical work on or near energised electrical equipment.

You may be carrying out work in or entering an isolated roof space. Where the roof space is isolated, you are only required to comply with the requirements to de-energise relevant electrical installations or recognise prescribed circumstances relevant to the isolated roof space.

In order to carry out work in or enter a roof space in these circumstances, all of the following must apply. A part of the roof space of the building is separate from one or more other parts of the same building. An isolated roof space cannot be accessed from any other part of the building's roof space. And the relevant electrical installation in the isolated roof space is capable of being de-energised in isolation from any other relevant electrical installation in the building. Situations where this may be relevant include some duplexes and apartment buildings.

Brian Richardson: Finally, from 1 April 2025, water equipment will be prescribed as prescribed electrical equipment. Prescribed electrical equipment relates to extra low voltage equipment that may be or is placing persons or property at electrical risk and is prescribed by a regulation.

Where an item is prescribed as prescribed electrical equipment, it is subject to the same legislative framework as other items of electrical equipment. This includes supply chain duties, incident notification requirements, ministerial recall powers and licensing requirements to perform electrical work on the prescribed electrical equipment.

Water equipment is the first item to be prescribed as prescribed electrical equipment. Water equipment relates to equipment used or operated at extra low voltage, only capable of being used or operated when it is connected to an external source of electricity. And is designed for use in the interior of a swimming pool, paddling pool, spa or bathtub. These are items that can place a person or property at electrical risk.

For example, faulty water equipment can cause a small electrical current in the water, leading to someone in the water experiencing paralysis, loss of their muscle control, and this may lead to drowning.

Water equipment may capture items such as pool pumps and pool lights, but does not capture battery powered objects such as waterproof phones, pool toys or battery powered pool cleaners.

Kirsty McLean: That concludes our summary of changes to the electrical safety regulation that commence in 2025. So where can you find out more information about all of the changes? This slide includes some links to further resources that provide more detailed information about the review, the ESOLA Regulation and how to stay informed about further legislative changes.

That concludes today's webinar on the changes to the regulation that have commenced, those that commence in 2025 and what resources are online to support you with these changes.

Thank you for tuning in and see you again soon.