Electricity
Safety, Health and Welfare at Work (General Application) Regulations
Part 3
Electricity
Interpretation
74. In this Part:
“authorised person” means a person who is—
(a) competent for the purpose of this Part, in relation to which the expression is used,
(b) either an employer, a self-employed person, or an employee appointed or selected by the employer or self-employed person, and
(c) engaged in work or duties incidental to the generation, transformation, conversion switching, controlling, regulating, rectification, storage, transmission, distribution provision, measurement or use of electrical energy;
“circuit” means part of an electrical installation supplied from the same origin, which may be protected against overcurrents by the same protective device;
“circuit breaker” means an electro-mechanical device capable of making, carrying and breaking currents under normal circuit conditions and also capable of making, carrying for a specified time, and breaking currents under specified abnormal circuit conditions such as those of short circuit;
“conductive part” means a part capable of conducting current although not necessarily used for carrying current in normal conditions;
“conductor” means a conductor of electrical energy;
“danger” means risk of personal injury from—
(a) electric shock, electric burn, electrical explosion or arcing,
(b) fire or explosion caused by the use of electricity, or
(c) mechanical movement of electrically driven equipment,
and preventing danger in this Part shall be construed as preventing danger so far as is reasonably practicable;
“earthing” means the connection of the exposed conductive parts of an installation to the conductive mass of the earth;
“electrical equipment” includes any conductor or electric cable and any part of any machine apparatus or appliance intended to be used or installed for use for the generation transformation, conversion, switching, controlling, regulating, rectification, storage transmission, distribution, provision, measurement or use of electrical energy;
“electrical installation” means an assembly of associated electrical equipment fulfilling a specific purpose or purposes and having co-ordinated characteristics;
“higher voltage” means any voltage exceeding—
(a) 1,000 volts alternating current, or
(b) 1,500 volts direct current;
“isolation” means the disconnection and separation of electrical equipment from every source of electrical energy in such a way that the disconnection and separation is secure;
“live” means electrically energised;
“medical electrical equipment” means medical electrical equipment as defined in the Electro-Technical Council of Ireland (ETCI) document entitled “National Rules for Electrical Installations in Medically Used Rooms” or other equipment as may be prescribed by the Minister;
“overcurrent” means any current exceeding the rated value of the electrical equipment concerned;
“overhead line” means any electric line suspended above ground carrying or intended to carry electrical energy at a voltage exceeding 80 volts to earth;
“portable equipment” means equipment, including hand-held portable equipment, which—
(a) because of the manner in which it is to be used, requires to be moved while it is working,
(b) is designed so that it can be moved while it is working, or
(c) is moved from time to time between the periods during which it is working;
“residual current device” means an electro mechanical switching device intended to disconnect a circuit when the residual current attains a stated value under specific conditions;
“substation” means any building, enclosure or other structure, or any part thereof, which –
(a) is large enough to enable a person to enter after the electrical equipment therein is in position, and
(b) contains equipment for transforming or converting electrical energy either to or from higher voltage (not being equipment for transforming or converting electrical energy solely for the operation of switchgear or instruments),
and includes that equipment, together with any other equipment for switching, controlling or otherwise regulating electrical energy;
“switch room” means a room intended primarily to house electrical switching and distribution equipment for a building;
“underground cable” means any electric cable below ground carrying or intended to carry electrical energy at a voltage exceeding 80 volts to earth.
Application of Part 3.
75. (1) This Part, without prejudice to section 16 of the Act, applies as appropriate to persons who design, install, maintain, use, or are in control to any extent of—
(a) an electrical installation or part of an electrical installation in a place of work, or
(b) an electrical network, including the generation, transformation, conversion switching, controlling, regulating, rectification, storage, transmission, distribution provision, measurement or use of electrical energy at a place of work.
(2) This Part does not apply to—
(a) any electrical equipment or electrical installation used exclusively for electrical testing or research purposes, or
(b) medical electrical equipment,
but persons using equipment referred to in subparagraph (b) shall ensure that the equipment or installation is constructed, installed, maintained, protected and used, with adequate precautions being taken, so as to prevent danger.
Suitability of electrical equipment and installations.
76. An employer shall ensure that—
(a) all electrical equipment and electrical installations are—
(i) designed,
(ii) constructed,
(iii) installed,
(iv) maintained,
(v) protected, and
(vi) used
so as to prevent danger, and
(b) all electrical equipment and electrical installations, including distribution boards sockets, transformers and connections, are suitably protected from ingress of moisture or of particles and foreseeable impacts, as appropriate to the location without prejudice to Regulation 77.
Adverse or hazardous environments.
77. An employer shall ensure that electrical equipment which may foreseeably be exposed to adverse or hazardous environments, including in particular—
(a) mechanical damage,
(b) the effects of weather, natural hazards, temperature or pressure,
(c) the effects of wet, dirty, dusty or corrosive conditions, and
(d) any flammable or potentially explosive atmosphere, including any mixture of air and a flammable substance in the form of gas, vapour, mist or dust,
is constructed, installed, maintained and modified or so protected as to prevent danger arising from the exposure.
Identification and marking.
78. An employer shall ensure that—
(a) all electrical equipment is suitably identified where necessary to prevent danger,
(b) all electrical equipment, other than cables and overhead lines, displays the maker’s name together with all ratings necessary to show that it is suitable for the purpose for which it is used, and
(c) all electrical circuits are suitably identified at their source to allow those circuits to be safely and securely de-energised and isolated.
Protection against electric shock in normal conditions.
79. An employer shall ensure that all live parts which may cause danger—
(a) are suitably covered with insulating material and so protected as to prevent danger or
(b) are the subject of precautions taken to prevent danger, including, where appropriate the live parts being suitably placed to prevent danger.
Protection against electric shock in fault conditions.
80. An employer shall ensure that—
(a) precautions are taken, either by—
(i) earthing and automatic disconnection of the supply of electricity, or
(ii) other suitable means,
to prevent danger arising where any exposed conductive part may become live,
(b) in adverse or potentially hazardous conditions and where all of an electrical installation is dependant on one or more residual current devices in a single location for earth fault protection, precautions are taken to prevent the transmission of dangerous voltage levels in the installation caused by a fault upstream of the protective device or devices by—
(i) installing it or them in a non-conducting enclosure, or
(ii) using equally effective means, and
(c) all electrical circuits supplying—
(i) electric water heating devices,
(ii) electrically heated showers, and
(iii) pumps for electrically operated showers,
which are located in zone (1), as defined by the Electro-Technical Council of Ireland “National Rules for Electrical Installations”, of rooms in a place of work containing a bath or shower basin, are protected by a residual current device having a tripping current not exceeding 30 milliamperes operating within such period of time so as to provide the necessary protection to prevent danger to any person coming into direct or indirect contact with any live part of the circuit.
Portable equipment.
81. (1) An employer shall ensure that—
(a) a circuit supplying portable equipment or a socket outlet intended to supply portable equipment, including any circuit supplied by an electrical generator, and in which is used alternating current at a voltage—
(i) exceeding 125 volts, and
(ii) not exceeding 1,000 volts,
is protected by one or more residual current devices having a tripping current not exceeding 30 milliamperes operating within such period of time so as to provide the necessary protection to prevent danger to any person coming into direct or indirect contact with any live part of the circuit,
(b) portable equipment is maintained in a manner fit for safe use, and
(c) portable equipment which is—
(i) exposed to conditions causing deterioration liable to result in danger, and
(ii) supplied at a voltage exceeding 125 volts alternating current,
is—
(I) visually checked by the user before use, and
(II) periodically inspected by a competent person, appropriate to the nature location and use of the equipment.
(2) An employer shall ensure, where appropriate, that a competent person—
(a) tests any portable equipment described in paragraph (1)(c)(i) and (ii), and
(b) certifies whether or not the portable equipment (including any cables and plugs was, on the day of test, as far as could reasonably be ascertained, safe and without risk to persons coming into direct or indirect contact with any live part of the equipment.
(3) If the certificate of the competent person referred to in paragraph (2) indicates that the portable equipment tested was not, on the day of the test, safe and without risk, as described in that paragraph, the employer shall ensure that the equipment is not used until it is made safe and certified as such in compliance with paragraph (2).
(4) An employer shall ensure that—
(a) portable equipment, other than portable transformers and portable generators supplied at a voltage exceeding 125 volts alternating current is not used in—
(i) construction work,
(ii) external quarrying activities, or
(iii) damp or confined locations,
unless its rating exceeds 2 kilovolt amperes,
(b) portable hand lamps supplied at a voltage exceeding 25 volts alternating current or 50 volts direct current is not used in—
(i) construction work,
(ii) external quarrying activities, or
(iii) damp or confined locations, and
(c) where a transformer or generator is used to supply electricity to portable equipment at a voltage greater than 25 volts, but not exceeding 125 volts, alternating current,
(i) the centre point, electrically, or
(ii) neutral (star) point in the case of three phase of the output voltage or secondary winding,
is connected to earth and the transformer or generator is of the double wound type.
Connections and cables.
82. An employer shall ensure that—
(a) an electrical joint and connection is of adequate construction as regards conductance, insulation, mechanical strength and protection so as to prevent danger,
(b) where a cable is used in construction work or in external quarrying operations, it is appropriately protected and insulated for the voltage of the cable to prevent danger and
(c) a cable for portable equipment—
(i) is connected to the equipment and to the system either by efficient permanent joints or by a properly constructed connector, and
(ii) is arranged so that tension in the cable cannot be transmitted through the conductors to the terminals at either end of the cable.
Overcurrent protection.
83. An employer shall ensure that effective means suitably located are provided to protect all electrical equipment and electrical installations from overcurrent so as to prevent danger.
Auxiliary generator and battery supply.
84. An employer shall ensure that—
(a) appropriate precautions are taken to prevent danger—
(i) when operating, installing, maintaining, transporting or storing auxiliary power supply batteries or auxiliary generators, and
(ii) to persons who install, maintain or use an electrical installation where auxiliary batteries or generators have been fitted or are intended to be fitted and
(b) where auxiliary batteries or generators have been fitted or are intended to be fitted appropriate precautions are taken to prevent danger to persons working on the external electrical network supplying an electrical installation.
Switching and isolation for work on equipment made dead.
85. (1) An employer shall ensure that—
(a) subject to paragraph (2), where necessary to prevent danger, suitable means (including, where appropriate, methods of identifying circuits) are available to switch off the supply of electricity to any electrical equipment and to isolate any electrical equipment,
(b) every switch, circuit breaker or other control device provided under subparagraph (a) is, where necessary to prevent danger,
(i) clearly marked to indicate the “ON” and “OFF” positions, unless these are otherwise self-evident, and
(ii) readily accessible for authorised persons and in a suitable and adequately lit location, and
(c) adequate precautions are taken to prevent the operation of any switch while carrying current where that switch is not capable of safely interrupting normal load current.
(2) Paragraph (1) does not apply to electrical equipment which is itself a source of electrical energy, provided that adequate precautions are taken to prevent danger.
Precautions for work on electrical equipment.
86. (1) An employer shall ensure that—
(a) work activity, including the operation, use and maintenance of electrical equipment or electrical installations, is carried out in a manner that prevents danger,
(b) before work is carried out on live electrical equipment the equipment is, where appropriate, made dead so as to prevent danger,
(c) adequate precautions are taken to prevent danger arising from—
(i) electrical equipment which has been made dead becoming live while work is carried out on or near that equipment, and
(ii) any electrical equipment inadvertently becoming live,
(d) where it is necessary for work to be carried out on or near any live part, other than one suitably covered with insulating material so as to prevent danger, of electrical equipment, a person is not engaged in work activity unless—
(i) it is unreasonable in the circumstances for it to be dead,
(ii) it is reasonable in the circumstances for such person to be at work on or near it while it is live, and
(iii) suitable precautions are taken to prevent danger, including, where necessary the provision of protective equipment.
(2) An employer shall ensure that any equipment provided under this Part for the purpose of protecting employees, or others to whom the relevant statutory provisions apply, near electrical equipment is—
(a) suitable for the use for which it is provided,
(b) maintained in a condition suitable for that use, and
(c) properly used.
..
New or Altered Installations
89. An employer shall ensure that—
(a) a new electrical installation and a major alteration of, or extension to, an existing electrical installation is, after completion, inspected and tested by a competent person and a report of the test is completed verifying that the relevant requirements of this Part have been complied with,
(b) an existing electrical installation is inspected and tested annually, or if an inspector so requires, by a competent person and a report of the test is completed verifying that the relevant requirements of this Part have been complied with,
(c) the advice of an inspector, or competent person, on the necessity for further testing of an electrical installation is acted upon having regard to the condition of the installation and the outcome of any tests referred to in paragraphs (a) and (b), and
(d) all defects found during the testing and inspection of an electrical installation are rectified promptly so as to prevent danger.
Earth leakage protection for higher voltage.
90. An employer shall ensure that effective means are provided in relation to every circuit in which higher voltage is used to prevent danger arising from leakage currents to earth.
Substation and main switch room.
91. (1) An employer shall ensure that a substation or a main switch room is—
(a) suitably constructed,
(b) arranged, so far as is reasonably practicable, so that no person can obtain access thereto otherwise than by the intended entrance,
(c) arranged, so far as is reasonably practicable, so that a person cannot interfere with the equipment or conductors therein from outside,
(d) provided with efficient means of ventilation and kept dry if under cover, and
(e) as appropriate to the tasks being undertaken, under the control of an authorised person or authorised persons.
(2) An employer shall ensure that only an authorised person or a person acting with his or her consent, or under his or her supervision, can enter any part of a substation or switch room in which there may be danger.
Fencing of outdoor equipment.
92. An employer shall ensure that, wherever any transformer or switchgear in which higher voltage is used is installed otherwise than in a building, the transformer or switchgear is adequately protected either by—
(a) suitable fencing not less than 2.4 m high, or
(b) some other effective means for preventing any unauthorised person gaining access to the equipment or to anything connected thereto which is used as a conductor
unless it is completely enclosed by—
(i) a metal casing which is connected to earth, or
(ii) some other equally suitable non-metal casing.
Overhead lines and underground cables.
93. (1) An employer shall ensure that—
(a) all overhead lines and their supporting structures and underground cables are constructed, installed, connected and maintained in a manner suitable for the work and conditions under which they are to be operated to prevent danger,
(b) where cables to be installed underground are to be enclosed in ducting of any material, other than in concrete ducts or in floor voids or floor slabs, such ducting—
(i) is coloured red,
(ii) has a high resistance to impact, and
(iii) is covered with suitable warning tape embedded in the ground above the duct,
(c) all overhead lines and other current-carrying parts connected to or containing part of overhead lines are arranged so that adequate clearance is provided from the ground or other accessible place to prevent dangerous contact with a person, article substance or any conducting material,
(d) means are provided to prevent danger—
(i) in the event of any live conductor accidentally falling due to breakage or otherwise, and
(ii) from excessive voltage on overhead lines arising from accidental contact with or leakage from any other overhead line or otherwise, and
(e) where excavation work is to be carried out in the proximity of a known or suspected underground cable—
(i) where reasonably practicable, the electrical supply to the underground cable is isolated,
(ii) the position of the underground cable is accurately determined, so far as is reasonably practicable, and
(iii) material immediately surrounding the underground cable is excavated only using an appropriate and safe system of work to prevent danger.
(2) A person in control to any extent of a place of work or any item at that place shall take such action, so far as is reasonably practicable, to ensure that any work activity carried out in the proximity of live overhead lines that would expose persons to any risk to their safety and health is not carried out until—
(a) the supply to the overhead line is isolated,
(b) if such isolation is not practicable, the overhead line is diverted,
(c) if such isolation or diversion is not practicable, adequate
(i) barriers,
(ii) protective measures,
(iii) warnings, or
(iv) other suitable means,
are, in so far as is reasonably practicable, put in place to minimise the risk of contact with the overhead line.
(3) The owner of a new or known underground cable, where practicable, shall determine the position of the cable and record the position on a plan to prevent dangerous contact with any person, article, substance or any conducting material.
….
Energy (Miscellaneous Provisions) Act 2006
4.— The Act of 1999 is amended by the insertion after section 9B (inserted by section 3 ) of the following sections—
“Function of Commission relating to electrical safety.
9C.— It shall be a function of the Commission to regulate the activities of electrical contractors with respect to safety.
Regulation of electrical contractors.
9D.— (1) (a) The Commission may appoint a person or persons to be a designated body for the purposes of this section and such body may be referred to as an Electrical Safety Supervisory Body.
(b) Where the Commission has not appointed a person or persons to be a designated body, or a designated body is, in the opinion of the Commission, no longer able to carry out its functions under this section, the Commission may, with the consent of the Minister, appoint an employee of the Commission to carry out those functions on a temporary basis.
(2) (a) In determining the number of persons appointed under subsection (1) the Commission shall have regard to the costs likely to be incurred—
(i) by the Commission in carrying out its functions under this section, and
(ii) by final customers.
(b) Paragraph 16 of Schedule 1 shall apply to any costs incurred by the Commission in carrying out its functions under this section.
(c) In paragraph (b) the words ‘any costs incurred by the Commission’ includes any moneys provided by the Commission to a designated body, following its appointment under subsection (1), to facilitate that body in establishing and carrying out its functions.
(3) A person shall not be appointed to be a designated body, or if so appointed shall cease to act as a designated body, if that person is or becomes a trade association or performs representative functions on behalf of persons working in the electrical industry.
(4) A person who does not for the time being stand appointed as a designated body shall not describe himself or herself as an Electrical Safety Supervisory Body or in a manner likely to suggest that such person is a designated body for the purposes of this section.
(5) (a) The Commission shall publish criteria (in this section referred to as ‘the criteria’) relating to—
(i) electrical safety supervision,
(ii) the safety standards to be achieved and maintained by electrical contractors, and
(iii) the procedures to be operated by a person appointed as a designated body.
(b) The criteria to be published in connection with paragraph (a) shall include, but shall not be limited to, the following information:
(i) the procedures to be adopted by a designated body for the registration of its members;
(ii) the procedures to be followed by a person applying for membership of a designated body;
(iii) the services which a designated body may carry out on behalf of its members to facilitate the performance of its functions;
(iv) the standards of training and safety to be achieved and maintained by members of a designated body and the procedures to be followed by a designated body in monitoring such standards;
(v) the procedures to be followed by a designated body for the inspection of any work carried out by one of its members, or by a person who is not a registered electrical contractor;
(vi) the procedures to be followed by a designated body in connection with the suspension or revocation of the membership of one of its members;
(vii) the matters to be covered by a completion certificate in respect of different categories or classes of electrical works and the circumstances in which each such class of certificate shall be used;
(viii) the type of accounts to be kept by the designated body, and the manner in which such accounts should be audited;
(ix) the method by which the accounts kept under subparagraph (viii) should be published; and
(x) the procedures to be followed, and the records to be maintained, by a designated body or its members (where appropriate), in connection with subparagraphs (i) to (ix).
(c) The Commission may review or amend the criteria as often as it considers necessary.
(6) The Commission shall not appoint a person to be a designated body unless it is satisfied that the person is capable of complying with the criteria, and as respects each person who is a member (in this section referred to as a ‘ registered electrical contractor ’) of that designated body that the body has, or will have if appointed, the capability and entitlement to—
(a) inspect any work carried out by a registered electrical contractor,
(b) monitor the training and safety standards of a person who is a registered electrical contractor,
(c) review training undertaken by a person engaged either as an employee or as an independent contractor of a registered electrical contractor,
(d) issue directions to a registered electrical contractor regarding the training to be given to or undertaken by a class or classes of persons engaged either as employees or as independent contractors,
(e) suspend the membership of a registered electrical contractor in a designated body where that registered electrical contractor is the subject of an investigation by that body into whether—
(i) work carried out by the registered electrical contractor concerned is unsafe or otherwise of an unsatisfactory standard,
(ii) the training of employees and independent contractors engaged by the registered electrical contractor concerned is materially inadequate, or
(iii) the registered electrical contractor has acted in contravention of the criteria to a material extent,
(f) suspend or revoke the membership of a registered electrical contractor in the designated body where that body is satisfied that any of the matters specified in subparagraphs (i) to (iii) of paragraph (e) apply as respects the contractor concerned.
(7) (a) Where a designated body decides to suspend or revoke the membership of a registered electrical contractor in that body, such designated body shall inform, in writing, both—
(i) the Commission, and
(ii) the registered electrical contractor concerned,
of its decision to suspend or revoke the membership of a registered electrical contractor in the designated body.
(b) A registered electrical contractor, the subject of a decision under paragraph (a), may submit an appeal, in writing, of the decision to the Commission within 28 days of being informed of the decision.
(8) (a) The Commission shall appoint one or more persons (‘ Appeals Officer ’) to—
(i) duly consider, and
(ii) furnish a report to the Commission on,
any appeal submitted by a registered electrical contractor relating to a decision made by the designated body to suspend or revoke his or her membership in the designated body.
(b) The Commission shall have regard to the report of the Appeals Officer under paragraph (a) and shall advise the designated body, the Appeals Officer and the registered electrical contractor concerned of its decision to confirm, vary or set aside the decision of the designated body concerned.
(c) An appeal shall not be considered under this subsection if—
(i) it relates to any matter the subject of proceedings before a court or other tribunal, until those proceedings are determined, or
(ii) it is not submitted to the Commission within 28 days of the registered electrical contractor concerned being informed of the decision.
(9) Notwithstanding the generality of subsections (7) and (8), the Commission may specify the procedures to be followed by:
(a) the Appeals Officer in considering the appeal;
(b) the Appeals Officer in drafting his or her report to the Commission;
(c) the designated body when suspending or revoking the membership of a registered electrical contractor; and
(d) a registered electrical contractor who is the subject of a decision by the designated body to suspend or revoke his or her membership in the designated body,
in the criteria published under subsection (5).
(10) (a) The tariff of fees and charges imposed by a designated body relating to—
(i) membership of an electrical contractor in that body,
(ii) registration of an electrical contractor as a registered electrical contractor,
(iii) inspections of electrical works, and
(iv) any service provided to a member of a designated body by or on behalf of that body,
shall be subject to the approval of the Commission.
(b) All expenses and costs incurred by a designated body in carrying out any of its functions under this section shall be defrayed by the designated body out of funds at its disposal which are obtained in accordance with paragraph (a).
(11) A person may not be a member of more than one designated body.
(12) Where a registered electrical contractor carries out electrical works, the works shall be carried out in accordance with the safety requirements approved by the Commission from time to time.
(13) Where a registered electrical contractor carries out electrical works, which by reason of a determination by the Commission under subsection (27) are specified works, the registered electrical contractor concerned shall issue a completion certificate to the person who requested the works to be carried out.
(14) Where specified works are carried out by an electrical contractor who is not a member of a designated body, the person on whose behalf the specified works are being carried out shall request a designated body to arrange for the carrying out of an inspection of the works and, if the works meet the safety requirements approved by the Commission, for the issue of a completion certificate.
(15) A designated body which receives a request under subsection (14) shall arrange for the carrying out of the inspection as soon as practicable and, if appropriate, the issue of a completion certificate.
(16) Subject to subsection (17), a designated body shall be entitled to payment of fees and charges in respect of the inspection of the works, and those fees and charges shall be no greater than is set out in the tariff of fees and charges published by the designated body concerned.
(17) The tariff of fees and charges referred to in subsection (16) shall not have effect until approved by the Commission, which approval shall not be given unless the Commission is satisfied that the fees and charges are calculated on the basis of the reasonable costs attributable to the carrying out of inspections under this section.
(18) The Commission shall specify a form of completion certificate to be used for the purposes of this section and may specify different forms for different circumstances or different classes of electrical work and may make provision relating to—
(a) procedures to be followed, and
(b) records to be maintained,
by registered electrical contractors and a designated body in connection with the issue of such certificates.
(19) (a) The Commission may conduct an inspection or audit of a designated body to verify compliance by the designated body with the requirements of this section, the terms and conditions of appointment and the criteria of the Commission.
(b) The Commission may appoint a person to assist it in performing inspections or audits referred to in paragraph (a).
(20) The Commission may determine the appointment of a designated body—
(a) in accordance with the terms and conditions of the appointment,
(b) where the Commission is of the opinion that an act or default by the designated body is a cause of serious danger to the public, with immediate effect, or
(c) where it is, in the opinion of the Commission, in the interests of consumers that the appointment be determined, and paragraph (b) does not apply, on giving not less than 3 months notice or such shorter period as may be specified in the terms and conditions of appointment in that respect.
(21) The Commission may appoint a person, including a person who is an employee of a designated body, to be an authorised officer for the purposes of carrying out inspections of electrical work—
(a) of registered electrical contractors on any land where the authorised officer believes such work is being or has been carried out by such a contractor, or
(b) which has been the subject of a completion certificate,
but an authorised officer who is an employee of a designated body shall not exercise the powers conferred under this section as respects the work of a person who is a member of a designated body other than the designated body by which the authorised officer concerned is employed.
(22) A person appointed to be an authorised officer under subsection (21) shall on his or her appointment be furnished with a certificate of his or her appointment, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to that person for inspection.
(23) A registered electrical contractor and every employee or independent contractor of a registered electrical contractor shall give all reasonable assistance to—
(a) an authorised officer in the exercise of his or her powers under this section, and
(b) the Commission in exercising its powers under subsection (19) including a person assisting the Commission pursuant to subsection (19).
(24) A person shall not obstruct—
(a) an authorised officer performing any function he or she is authorised to exercise or perform under this section,
(b) the Commission in exercising its powers under this section, or
(c) a person assisting the Commission pursuant to subsection (19).
(25) A person shall not describe himself or herself as a registered electrical contractor or in a manner likely to suggest that such person is a registered electrical contractor unless that person is for the time being a member of a designated body.
(26) A person who contravenes subsection (4), (24) or (25) is guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both.
(27) The Commission, having consulted with such persons as it considers appropriate, may determine that a class or classes of electrical works be specified works.
(28) In this section—
‘completion certificate’ means a certificate the form of which has been specified by the Commission under subsection (18);
‘ designated body ’ means a person appointed under subsection (1) to be a designated body for the purposes of this section;
‘ specified works ’ means such class or classes of works as have been determined to be such by the Commission in accordance with subsection (27).
Designated electrical works.
9E.— (1) The Commission, having consulted with such persons as it considers appropriate, and with the consent of the Minister, may by regulations designate a class or classes of electrical works to be designated electrical works.
(2) Where the Commission proposes to make regulations under subsection (1) the Minister, where he or she has approved the draft of such regulations, shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.
(3) A person shall not carry out electrical works which are designated electrical works unless that person is a registered electrical contractor.
(4) A person who contravenes subsection (3) is guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding €5,000 or a term of imprisonment not exceeding 6 months or to both, or
(b) on conviction on indictment to a fine not exceeding €15,000 or a term of imprisonment not exceeding 3 years or to both.”.
S.I. No. 732/2007 –
Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007
S.I. No. 732 of 2007
SAFETY, HEALTH AND WELFARE AT WORK (GENERAL APPLICATION) (AMENDMENT) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th November, 2007.
I, BILLY KELLEHER, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of powers conferred on me by section 58 of the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 3) Order 2007 ( S.I. No. 561 of 2007 ), after consultation with the Health and Safety Authority, hereby make the following regulations:
1. (1) These Regulations may be cited as the Safety, Health and Welfare at Work (General Application) (Amendment) Regulations 2007.
(2) These Regulations come into operation on 12 November 2007.
2. The Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ) are amended as follows:
(a) in Regulation 27, by substituting for the definition of “hoist or lift” the following:
“ ‘hoist or lift’ means a lifting machine which has its direction of movement restricted by a guide or guides but, for the purpose of this Chapter, does not include—
(a) a fork lift truck, order picker, self-propelled variable reach truck or similar type equipment,
(b) platform lifts for use by persons with impaired mobility,
(c) lifting equipment intended for lifting performers during artistic performances, or
(d) lifting equipment fitted in means of transport;”,
(b) by substituting for Regulation 80 the following:
“
Protection against electric shock in fault conditions.
80. An employer shall ensure that—
(a) precautions are taken, either by—
(i) earthing and automatic disconnection of the supply of electricity, or
(ii) other suitable means,
to prevent danger arising where any exposed conductive part may become live, and
(b) all electrical circuits supplying—
(i) electric water heating devices,
(ii) electrically heated showers, and
(iii) pumps for electrically operated showers,
which are located in zone (1), as defined by the Electro-Technical Council of Ireland ‘National Rules for Electrical Installations’, of rooms in a place of work containing a bath or shower basin, are protected by a residual current device having a tripping current not exceeding 30 milliamperes operating within such period of time so as to provide the necessary protection to prevent danger to any person coming into direct or indirect contact with any live part of the circuit.”,
(c) in Regulation 81, by substituting for paragraph (4) the following:
“(4) An employer shall ensure that—
(a) portable equipment, other than portable transformers and portable generators, supplied at a voltage exceeding 125 volts alternating current is not used in—
(i) construction work,
(ii) external quarrying activities, or
(iii) damp or confined locations,
unless its rating exceeds 2 kilovolt amperes,
(b) portable hand lamps supplied at a voltage exceeding 25 volts alternating current or 50 volts direct current are not used in—
(i) construction work,
(ii) external quarrying activities, or
(iii) damp or confined locations, and
(c) where a transformer or engine-driven generator is used to supply electricity to portable equipment at a voltage greater than 25 volts, but not exceeding 125 volts, alternating current, the neutral (star) point of the secondary windings of three-phase transformers and generators, or the midpoint of the secondary windings of single-phase transformers and generators, shall be connected to earth and in the case of transformers these shall be of the double wound isolating type.”,
(d) in Regulation 89, by substituting for paragraph (b) the following:
“(b) an existing electrical installation is tested by a competent person in an appropriate manner—
(i) from time to time where required having regard to the nature, location and use of the installation, or
(ii) if an inspector so requires,
and a report of the test is completed by the competent person carrying out the test,”,
(e) by substituting for Regulation 90 the following:
“
Earth leakage protection for higher voltage.
90. An employer shall ensure, so far as is reasonably practicable, that effective means are provided in relation to every circuit in which higher voltage is used to prevent danger arising from leakage currents to earth.”,
(f) by substituting for Regulation 102 the following:
“
Stability of supporting structure.
102. An employer shall ensure that a supporting structure is—
(a) suitable and of sufficient strength and rigidity for the purpose for which it is being used,
(b) in the case of a mobile structure, prevented by appropriate devices from moving inadvertently during work at height,
(c) in a case other than a mobile structure, prevented from slipping by secure attachment to the bearing surface or to another structure, by provision of an effective anti-slip device, or by other means of equivalent effectiveness,
(d) stable while being erected, used and dismantled, and
(e) when altered or modified, so altered or modified as to ensure that it remains stable.”,
(g) in Regulation 131, by substituting the following for paragraph (1):
“(1) Without prejudice to section 22 of the Act, an employer shall—
(a) ensure that appropriate health surveillance is made available to those employees for whom a risk assessment referred to in Regulation 124 reveals a risk to their health, and
(b) without prejudice to the generality of paragraph (a)—
(i) in the case of employees whose exposure exceeds an upper exposure action value, make available to them the services of a registered medical practitioner to carry out, or to have carried out on his or her responsibility, a hearing check, and
(ii) in the case of employees whose exposure exceeds a lower exposure action value, make available to them preventive audiometric testing.”,
(h) in Regulation 141, by deleting paragraph (8),
(i) in Regulation 144, by substituting the following for paragraph (d):
“(d) in taking the protective and preventive measures in accordance with paragraph (b) and as regards planning for and implementing measures to monitor and protect the safety and health of a child or young person, take account of section 18 of the Act, and”,
(j) in Regulation 158, by deleting the definition of “supplementary signboard” where it first occurs between the definitions of “safety or health signs” and “signboard”, and
(k) in Schedule 1, by substituting the following for Part C:
“Part C —
Circumstances requiring testing of lifting equipment as part of a thorough examination
Column 1
Column 2
Description of Equipment
Period within which or conditions under which testing is required
All lifting equipment
After any substantial alteration or repair affecting its strength or stability
Fixed lifting equipment
Before first use
Tower crane
After each assembly
Mobile crane
Every 4 years
Winch
Every 4 years
Self erecting crane
After erection and before first use on site and after any change in configuration or support conditions
Pulley block, gin wheel or sheer legs or supporting systems for same, used in the raising or lowering of any load weighing 1,000 kg or more
Before first use
”.
/images/ls
GIVEN under my hand,
5 November 2007
BILLY KELLEHER.
Minister of State at the Department of Enterprise, Trade and Employment.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Safety, Health and Welfare at Work (General Application) Regulations 2007 ( S.I. No. 299 of 2007 ) by—
(i) amending the definition of “hoist or lift” in Regulation 27 to exclude “platform lifts for use by persons with impaired mobility”, “lifting equipment intended for lifting performers during artistic performances” and “lifting equipment fitted in means of transport” as regards the application of the requirements of Regulation 46 on hoists and lifts,
(ii) deleting paragraph (b) of Regulation 80 in relation to protection against electric shock in fault conditions,
(iii) replacing paragraph (4)(c) of Regulation 81, with a new paragraph (4)(c), for the purpose of technical clarity in relation to portable equipment,
(iv) substituting a replacement paragraph 89(b) in respect of testing existing electrical installations,
(v) inserting the phrase “so far as is reasonably practicable” in Regulation 90,
(vi) correcting the paragraph numbering in Regulation 102,
(vii) substituting a replacement paragraph (1) in Regulation 131 in relation to health surveillance associated with the control of noise at work,
(viii) deleting paragraph (8) in Regulation 141 in relation to health records associated with the control of vibration at work,
(ix) correcting a paragraph reference in Regulation 144(d),
(x) deleting a superfluous definition of “supplementary signboard” in Regulation 158,
(xi) substituting a new Part C to Schedule 1 to S.I. No. 299 of 2007 relating to the circumstances requiring testing of lifting equipment as part of a thorough examination.