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EWP Recommendation 1

(paragraph 21)

1. OSH, following any transfer of responsibility for electrical and gas workplace health and safety from the Ministry of Economic Development to OSH, publish specific guidelines to be used by employers, employees, and self-employed persons in the electrical and gas industries; and
2. the Government, as part of its planned review of the HSE Act, consider making more explicit the requirement to leave work in a safe condition, in concordance with the Building and Resource Management Acts.

It is noted that

3. it is not considered appropriate to change the HSE Act in order to protect consumer safety.

EWP Recommendation 2

(paragraph 28)

The energy sector Acts and regulations be amended to:

1. remove or modify references to workplace health and safety made redundant by the transfer of relevant responsibility to the HSE Act regime;
2. create a consistency of language with the HSE Act;
3. accommodate changes in the training, licensing, certification, and administrative structure and operations of the electrical and gas sectors resulting from the Review and from more recent legislation;
4. specify the need for employers to employ people to do only work that they are competent to perform and to be responsible for ensuring that employees maintain their levels of competence; and
5. focus on public, consumer, and product safety.

EWP Recommendation 3

(paragraph 33)

The Government, in its planned review of the HSE Act, consider including correction of the anomaly in the Act relating to the safety of the public in respect of the work of contractors where the primary employer has control.

EWP Recommendation 4

(paragraph 39)

1. The following regulations be transferred to the HSE:

2. Regulations under the HSE Act covering worker and workplace safety for electricity and gas should deem compliance with specific Standards to be equivalent to compliance with the regulations.

EWP Recommendation 5

(paragraph 72)

1. the industry set competency standards for recognition by licensing authorities as meeting the requirements for holding a licence;
2. licensing authorities move to a licensing only regime and that references to registration and licensing in the relevant legislation be amalgamated under a single term;
3. licensing authorities be required to conduct public consultation and provide for public input into the competencies set by the relevant ITOs before accepting them as meeting the public and product safety outcome requirements of a licence or licensing category;
4. licensing authorities have sole responsibility for determining criteria for licence categories and the criteria for each category: subject to consultation with industry and the public;
5. issues relating to recognition of informal training and balance of on-job and off-job training be resolved between licensing authorities and ITOs;
6. any licensing procedure should require of the applicant:
• proof of appropriate entry qualifications; and
• evidence of current competence;
7. ongoing competency requirements be deemed to be satisfied only where evidence is presented of competency in safe working practices and testing to:
• ensure own safety;
• ensure the safety of other workers; and
• ensure public (customer) safety;
8. licensing authorities be required to recognise methods of certifying ongoing competency that are equivalent to refresher courses as they are currently conducted;
9. the criteria for competency in safe working practices and testing to ensure own safety; ensure other workers safety; and ensure public (customer) safety be set by the licensing body and OSH in co-operation, recognising that workplace and product safety are intertwined and, therefore, it is more efficient for both to be covered together;
10. the Government, as part of its planned review of the HSE Act, consider an amendment to section 13 to include a reference to ongoing competence; and
11. references to refresher training be deleted from the Electricity Act.

EWP Recommendation 6

(paragraph 92)

1. work in the electricity generation, transmission and distribution sector no longer require workers to be licensed;
2. parts of the electricity and gas generation/production, transmission, and distribution systems legally accessible to the public be required to be covered by a safety management system;
3. current legislative and regulatory arrangements for electricity and gas supply companies continue until the relevant issues are satisfactorily resolved; and
4. all organisations operating gas systems accessible to the public be required to notify their operation to the Ministry of Economic Development.

It is noted thatissues of regulating/licensing and safety management systems in supply operations need to be resolved by a designated working group.

EWP Recommendation 7

(paragraph 113)

1. the current exemption for qualified engineers be retained but be conditional on those persons being periodically assessed;
2. the present exemption for other workers to carry out specific electrical or gas work be expanded and made more flexible under a "qualified licence" provision, in place of the existing "exemption for tradesperson";
3. s57(3) of the PG&D Act be replaced by the exemption by virtue of having a safety management system;
4. the general concept of employer licensing be replaced by an exemption by virtue of having a safety management system. The conditions would be much less prescriptive and the focus broadened to include small and medium-sized operators, but employers applying the system would be required to advise the appropriate Board;
5. the present exemption for homeowners to do electrical work be retained in its present form, except that it be able to be checked by a "supervisor of electrical work", not just an inspector;
6. a similar exemption be introduced for homeowner gas work; and
7. the current exemptions within the electrical regime relating to Defence and Transport be retained.

Views are sought on:

8. whether the exemption for teaching and similar institutions should be removed in favour of the general licensing or exemption provisions;
9. whether a general exemption in respect of the changing of blown fuselinks with identically rated fuselinks and, possibly, the replacement of single-phase sockets would be appropriate; and
10. whether the proposed exemption, for those having a defined safety management system, could be permitted to extend to contractors that may not necessarily have their own such system in place.

EWP Recommendation 8

(paragraph 123)

1. electrical appliance repairs continue to be required to be performed by a licensed person (or under one of the generic exemptions);
2. appliance manufacturers and persons who carry out electrical repairs or maintenance work be exempted in a manufacturing environment, i.e., where their "supplier declaration" has effect. In other situations, maintenance of the appliance should be by a licence holder or under an exemption by virtue of having a safety management system; and
3. existing licensing requirements for gas appliances be continued.

EWP Recommendation 9

(paragraph 135 )

1. any licensing system adopted by a licensing authority be "open": that is, it should be sufficiently modular to accommodate all likely competency sets required for specialised occupations and provide a clear recognition system for consumers; and
2. provision be made for the PG&D Board and the EWRB to issue licences covering work within the other discipline, with standards continuing to be set by the parent Board, and monitoring of ongoing competency being the responsibility of the issuing Board.

It is noted that issues relating to streamlining licensing categories and exemptions from licensing need to be worked through by the Boards and ITOs, based on industry needs. It is also noted that it is expected that, within the licensing framework, there will be a clearly identifiable category of domestic electrician/gasfitter.

EWP Recommendation 10

(paragraph 142)

Licensing authorities consider renewing licences on a biennial basis.

EWP Recommendation 11

(paragraph 150)

1. the present provisions relating to the recognition of overseas qualifications be retained with the explicit recognition being removed from the schedules to the regulations; and
2. the implications of TTMRA be reviewed.

It is noted that the New Zealand Qualifications Authority and ITOs are engaged in promoting common trans-Tasman occupational competency standards and that industry support for these initiatives would be appropriate.

EWP Recommendation 12

(paragraph 206)

1. licensing and self-certification remain as the assurance for consumers that the work is safe and complies with the legislation;
2. the responsibility for producing evidence of certification stays with the certifier;
3. wherever possible, consistency between the gas and electrical self-certification regimes be retained at the consumer level. However, it is accepted that there may be differences in administration, i.e. gasfitters to return certificates;
4. the electrical regime certification extend to:
1. repairs and maintenance; and
2. metering and control systems, where installed on consumers premises;
5. legislation relating to certification:
1. determines what work requires certification;
2. determines who can certify and, if necessary, which work can be certified; and
3. requires that any document used for certification:
• has a safety compliance mark issued by the licensing Board;
• describes the work being certified;
• requires the certifier to certify that the completed work is safe, has been tested and complies with the legislation;
• requires the signature, printed name and licence number of the certifier;
• determines that only the licensing Board can issue the safety compliance mark for certification;
6. compliance costs do not deter the certifier from using the certification process. The emphasis with certification would be on tracking the process through a safety compliance mark. Those certifying can use their own documentation provided it has the identifier and contains the required information;
7. licensing authorities be required to:
1. implement e-commerce to facilitate the process; and
2. educate consumers to ensure the success of self-certification;
8. appropriate competencies for self-certification to be a criterion for an occupational licence;
9. any certificate be provided to the customer within 5 days of completion of the work, and a copy sent to the licensing Board (gas only) within five days of completing the work, the certifier to retain a copy of certificate;
10. further work is done on the level of risk from repair and maintenance of gas appliances before a decision on certification in that area is made;
11. consequent to the above, the legislation require that all work be safe, be tested and comply with legislation before connection to the supply;
12. a safety compliance mark be put into legislation to be applied to certification by a registered person where the work or testing has been carried out in accordance with the regulatory requirements;
13. the possibility of aligning the mark with any other marking system that is in place to signify energy safety, for example the Regulatory Compliance Mark (RCM), be investigated; and
14. legislative and administrative changes made, as a result of this review, be kept flexible enough to allow for the Internet to be used for recording purposes in the future and also for the future possibility of lodging records with the TLAs (under the Building Act).

EWP Recommendation 13

(paragraph 222)

1. there continue to be no third-party inspection within the gas regime.

Views are sought on whether or not:

2. third-party inspection in the electricity regime extend only to work not carried out using a recognised means of compliance;
3. competency in third party inspection (and testing) be an optional licensing criterion, if the electrical inspector class of registration is removed;
4. competency in the certification of homeowner work (and testing) be an optional licensing criterion, if the electrical inspector class of registration is removed; and
5. the electrical inspector class of registration (or licence) is required.

It is noted that ifinspection requirements are eliminated, the levels of competence specified for self-certification may need to be enhanced.

EWP Recommendation 14

(paragraph 246)

1. the direction contained in 1999 amendments to the Health Occupational Regulations statutes provides the overriding principles for the energy sector occupational legislation;
2. the electrical licensing authority should move to body corporate status and all that that implies; and
3. ITOs and licensing authorities should be required to develop some formal mechanism to ensure that appropriate consultation/ communication between the organisations is achieved.

EWP Recommendation 15

(paragraph 263)

1. the functions of the licensing Boards be to recognise competency, facilitate on-going competency, and discipline workers where incompetent or unsafe work is found;
2. the licensing Boards also advise industry and the responsible Government Department on changes needed to the regime;
3. licensing Boards funding be entirely self funded; and
4. transitional arrangements be developed for those currently registered but not licensed, and for transfer of current licences.

EWP Recommendation 16

(paragraph 280)

1. the classes of accident required to be recorded and notified, and the forms to be used for reporting accidents, be made as consistent as practicable between the HSE, Electricity and Gas Acts, and designed in such a way as to ensure that interests under the Electricity and Gas Acts (e.g. property damage) are met;
2. the notification of an accident under one Act be deemed to constitute reporting of that accident under the other Acts (if relevant);
3. OSH and the ESS develop administrative procedures to ensure efficient and effective investigation of accidents, compatible and consolidated reporting, and effective data analysis;
4. OSH be the lead agency for publishing summaries and data analyses for all workplace accidents including those involving electricity or gas; and
5. ESS be the lead agency for publishing summaries and data analyses for all non-workplace accidents including those involving electricity or gas.

Views are sought on the merits of a "no blame" investigation process separate from an enforcement investigation.

EWP Recommendation 17

(paragraph 301)

1. the maximum penalties under the Electricity and Gas Acts be maintained in line with the revised penalties under the HSE Act;
2. the EWRB be able to require a person to do remedial training without first having to suspend the person's licence;
3. the PG&D Board be able to suspend an unsafe worker (if circumstances warrant) without first having to initiate an inquiry;
4. no further consideration is given to the introduction of a system similar to the Singapore contractors improvement points system;
5. an infringement offence notice system be introduced, to cover failure to comply with requirements for marking a gas or electrical appliance or fitting, completion of a Supplier Declaration, or completion and supply of a Certificate of Compliance;
6. further work to be done on the possibility of the Boards issuing infringement offence notices; and
7. all relevant legislation be amended so that the six month limit on initiating enforcement action begin on the date a non-compliance is identified rather than on the date it occurs.

EWP Recommendation 18

(paragraph 304)

It is noted thatthe need forconsistency of information and advice from agencies administering all relevant legislation would need to be addressed at the administrative level.

EWP Recommendation 19

(paragraph 311)

The possibility of merging administrative bodies or combining certain functions be reviewed three years after the implementation of the changes recommended in this paper.

EWP Recommendation 20

(paragraph 335)

1. the present electrical complaints process be replaced by the system outlined in section 4.2.8 which is based on a "standard investigation/prosecution" model;
2. the new complaints process be managed entirely by the relevant Board;
3. the new complaints process require the appointment of an investigator to investigate the case and conduct the prosecution before the Board;
4. the new complaints process provide that no Board member may be involved in the bringing of a complaint where they would have a conflict of interest;
5. the new complaints process contain appeal provisions; and
6. the responsibility for the prosecution of non-authorised workers rest in the first instance with the Boards.

EWP Recommendation 21

(paragraph 345)

The range of work required to be done by a licensed gasfitter be extended to include work on installations supplied by all types of LPG cylinders, except disposable cylinders. Work on portable gas appliances that are designed to have with them, or attached to them, their own source of gas, would be excluded from this requirement.

EWP Recommendation 22

(paragraph 351)

The transfer of activities from ESS to OSH be funded by direct adjustments in the existing respective funding streams.

EWP Recommendation 23

(paragraph 357)

The Government, together with the licensing Boards, undertake a publicity campaign to inform the public of the changes to the safety regime for electricity and gas.

It is noted thatrequirements for the use of RCDs are being actively reviewed, and that the Ministry of Economic Development is developing proposals to actively promote the appropriate use of RCDs.

EWP Recommendation 24

(paragraph 363)

The inspection and testing provisions be reviewed through the Standards process to verify that they remain adequate.

EWP Recommendation 25

(paragraph 367)

The existing provisions for annual reports be refined to include business plans with specific proposals for ensuring the maintenance of competence and for increasing safety levels at reasonable cost, and to include the reporting of outcomes.

EWP Recommendation 26

(paragraph 383)

It is noted that further work is continuing on legislative boundaries in relation to high-pressure pipelines and the interface with the Dangerous Goods Regulations.

EWP Recommendation 27

(paragraph 388)

All definitions are reviewed (in particular current definitions for network operator and energy retailer), that the definition of distribution system is revised, and that the boundary between gas supply system and gas installation be made the point at which custody changes.

EWP Recommendation 28

(paragraph 397)

The Gas Regulations:

1. require that all gas supplied by gas retailers must be safe and suitable for use;
2. identify NZS 5442 and NZ 5435 as the standards to be used for natural gas and LPG respectively, except in emergency situations; and
3. allow parties to contract out of using these standards.

EWP Recommendation 29

(paragraph 401)

The Gas Regulations to reflect the view that gas must be easily detected by users at 20% of the Lower Explosive Limit (LEL) and that the Odorisation Code GCP 3 be used as a means of compliance.

EWP Recommendation 30

(paragraph 410)

Any requirement placed on gas suppliers, in relation to sighting certification of existing installations, be deleted.

Views are sought on whether the requirement on both electricity and gas suppliers in relation to new installations should also be deleted.

EWP Recommendation 31

(paragraph 418)

Further work be done on a mechanism to provide for the person on site to be able to disconnect or make safe any unsafe situation.