4. The Existing Safety Regime
18. The current safety regime for electrical and gas work is defined primarily in the Electricity, Gas, and the Plumbers, Gasfitters and Drainlayers (PG&D) Acts and Regulations, and the relevant Standards and Codes of Practice. These minimize the risks of injury to the public and damage to property by placing responsibilities for ensuring safety on workers and employers and through pre-market intervention, such as restricting defined tasks to licensed workers, and prescribing safe working practices.
19. Commerce is responsible for administering the Electricity and Gas Acts and their Regulations and ensuring the safe supply and use of electricity and gas. The Energy Inspection Group within Commerce is responsible for: the development of technical standards; provision of safety and technical information to the public and trade; safety education campaigns; administering the Electricity and Gas Acts and Regulations; providing advice to the Minister of Energy on safety matters; and providing services to the EWRB. The Ministry of Health administers the PG&D Act and Regulations.
Electricity
20. The key safety features contained in the Electricity Act 1992, Regulations, Electrical Codes of Practice (ECPs), and Standards governing electrical work are:
- Minimum qualifications are prescribed in the Regulations and recognised via a registration process. There are several classes of registration: electrical service technician, line mechanic, electrician, and electrical inspector.
- The recognition and registration function is undertaken by the EWRB, which is a self-funding statutory body serviced by Commerce staff. The EWRB is also responsible for monitoring the on-going competence of registered workers.
- People without the required recognition are prohibited from doing potentially dangerous work.
- If working for reward or gain, and unless exempted, registered workers are required to obtain a practising licence before they can undertake the range of "prescribed electrical work" specified for their class of registration.
- "Prescribed electrical work" includes work on installations (such as house wiring), the repair and maintenance of electrical appliances, and the construction or maintenance of electricity generation, transmission, and distribution systems.
- Practising licences are issued by the EWRB. While the EWRB can issue licences for a maximum period of five years, licences are currently issued on an annual basis.
- Refresher safety training is compulsory for electrical workers and proof of attendance must be provided on a periodic basis when applying for a practising licence. (The frequency of training depends on the class of registration.)
- Employers can be exempted (upon approval by Commerce) from the requirement to use licensed workers if an adequate safety management system is in place. (Exemptions may apply for up to five years under the employer licensing system, but are currently issued on a two yearly basis).
- There is a general exemption from licensing to allow unqualified people under appropriate supervision to carry out prescribed electrical work.
- A general exemption from licensing also exists to allow householders to carry out a defined range of prescribed electrical work under certain conditions.
- Electrical workers are required to demonstrate accountability for the safety of a specified range of work via a self-certification system. Copies of Certificates of Compliance issued for completed work must be kept for three years.
- An audit system based on the Certificates of Compliance that have been issued is operated by the EWRB. (This process is under review at present).
- The EWRB has the power to fine, de-register, or suspend registered workers for a certain period of time or until certain conditions (such as re-training) are met. The EWRB can also prosecute non-registered workers.
- A Complaints Assessment Committee (CAC) managed by Commerce assesses complaints about registered workers. The CAC then reports to the EWRB on whether the complaint should be heard by the board.
- The Secretary of Commerce has the power to initiate prosecutions against anyone who breaches the Electricity Act or Regulations.
- OSH can prosecute electrical workers in the case of accidents or unsafe practice in the place of work. In addition, the Building Industry Authority and the territorial local authorities have the power to initiate prosecutions in relation to building safety.
- The Secretary of Commerce and the Building Industry Authority have the power to grant exemptions from selected parts of the Regulations.
- Significant accidents must be notified to the Secretary of Commerce. OSH must also be notified if the accident is significant and occurred to an employee at work.
- Significant accidents are investigated and are likely to lead to remedial action or prosecution. The Chief Electrical Engineer of the Energy Inspection Group within Commerce is responsible for accident investigation. Significant accidents in places or work are normally investigated jointly with OSH.
Gas
21. The key safety features contained in the Gas Act 1992, the Plumbers, Gasfitters and Drainlayers Act 1976, Regulations, Codes of Practice, and Standards governing gas work are:
- Minimum qualifications are prescribed in Regulations and recognised by the PG&D Board through a registration process. The PG&D Board is a self-funded, stand-alone, statutory body. There are three classes of registration for gas workers: registered gasfitter, craftsman gasfitter and gas inspector.
- "Gasfitting" work includes work on installations (such as gas piping in a domestic situation), but does not include most work relating to the repair and maintenance of gas appliances.
- Unless exempted, people must have a current practising licence to carry out gasfitting work. Licences are issued by the PG&D Board on an annual basis.
- Once registered, gas workers are not required to undertake any further safety training.
- Employers can be exempted (upon approval by Commerce) from the requirement to use licensed workers if an adequate safety management system is in place. (Exemptions may apply for up to 5 years under the employer licensing system, but are currently issued on an annual basis).
- Industrial plants can be exempted if a technical person in charge of work can establish his or her suitability to monitor performance and deliver safety.
- There is a general exemption from registration and licensing which allows unqualified people to carry out "gasfitting" work as long as it is certified as safe by a craftsman gasfitter or completed under appropriate supervision.
- The requirement to use licensed workers applies only to work below the gas meter (i.e. it does not cover the production and supply of gas). However, the Gas Act and Regulations contain general obligations to operate safely and for workers to be competent.
- Self-certification is required for almost all gasfitting work. Only craftsman gasfitters are able to self-certify. Copies of Certificates of Compliance issued by gasfitters and holders of individual exemptions must be sent to the PG&D Board within 5 days and copies must be kept by the worker for 7 years.
- The PG&D Board hears complaints about registered workers and is empowered to fine, de-register, or suspend workers. The PG&D Board can also prosecute non-registered workers.
- The Secretary of Commerce has power to initiate prosecutions against anyone who breaches the Gas Act or Regulations.
- OSH can prosecute workers in the case of accidents or unsafe practice in the place of work. In addition, the Building Industry Authority and the territorial local authorities have the power to initiate prosecutions in relation to building safety.
- Significant accidents must be notified to the Secretary of Commerce. OSH must also be notified if the accident is significant and occurred to an employee at work.
- The Chief Gas Engineer of the Energy Inspection Group within Commerce is responsible for accident investigation. Significant accidents in places of work will normally be investigated jointly with OSH.
Occupational Health and Safety Legislation
22. The HSE Act 1992 administered by OSH covers the safety of all work for gain or reward while it is being carried out. In contrast with the special purpose legislation, and the Electricity Act in particular, the HSE Act imposes minimal prescriptive regulation, relies on performance-based criteria, and is not concerned with minimizing risks of damage to property unless such damage could result in injury. Where necessary to ensure safety, additional regulations can be developed under the HSE Act. Codes of Practice can also be approved under the HSE Act as a means of compliance.
23. The main safety features of the HSE Act are:
- Employers, and to a certain extent, self-employed people and employees, are obliged to take "all practicable steps" to manage hazards in the place of work. This involves managing hazards that may affect not only workers, but also other persons in the place of work.
- The HSE Act places a continuing responsibility on the employer for electricity and gas hazard control in places of work.
- Liability under the HSE Act for ensuring the continued safety of completed work ceases six months after completion in situations where the site ceases to be a place of work (e.g. in homes).
- OSH has strong enforcement powers and 180 enforcement and inspection staff in 18 field offices.
- Significant accidents to employees (including accidents involving electricity or gas) must be notified to OSH and will usually be investigated by OSH, or Commerce.
- Accidents in places of work involving non-employees currently do not have to be notified to OSH, but must be recorded and investigated by the employer who controls the workplace. OSH has the power to investigate significant accidents to non-employees, where these come to its attention.
- OSH tends to prosecute breaches of worker safety; public safety issues are left to Commerce.
- The level of penalties available under the HSE Act is currently higher than that of the Electricity, Gas and PG&D Acts.
- The HSE Act provides for the making of regulations setting technical standards and the approval of Codes of Practice that set means of compliance. However, OSH does not currently use these powers where technical standards and means of compliance information are already being provided under the electricity and gas regimes.
- Regulations have been made under the HSE Act placing duties on designers, manufacturers and suppliers of equipment, including gas and electrical appliances and equipment, used in places of work.
- The HSE Act provides for making regulations requiring persons engaged in particular work or activities to hold certificates of competence, and for the recognition of organisations issuing certificates of competence.
Current Levels of Safety
24. The risk of accidents to electrical and gas workers is reasonably low relative to other sectors of the construction industry. For example, during the period 1992 to 1996 there were a total of 223 accidents in the electrical sector (a rate of 21.33 per 1,000 workers) compared to 1,162 for carpentry (37.28 per 1,000) and 627 for painting (49.37 per 1,000). Some work done by OSH using census data for 1996 and the ACC claims database found that the rate of claims for electricians per full time equivalent workers for 1996 was 81.1. This compared to a rate of 89.3 for Building Finishers and Related Trades Workers and 108.9 for Building Frame and Related Trades Workers.
25. Workers in the electrical and gas industries have developed a culture of safety over time. This is reinforced through training and through industry and government awareness campaigns.
Accidents
26. Although serious accidents are required by law to be reported to the Secretary of Commerce (and to OSH if the accidents involve employees), reporting is very patchy. It appears that only serious accidents to workers employed by the larger companies are consistently and reliably reported. Accidents to members of the public are rarely reported. This means that accurate total accident figures do not exist.
27. In any event, the total number of accidents per year is a very poor measure of safety in statistical terms. A more accurate measure would be something like accidents per 1000 users per megajoule of energy consumed, as this would reflect the number of people exposed to the risk and the amount of time they are exposed.
28. An additional problem with interpreting accident data to form conclusions about changes over time is that increased figures may be the result of more comprehensive notification and recording of accidents or more effective data collection, rather than an actual increase in accidents. In addition, the numbers are generally too small to allow any statistically significant conclusions to be reached, though they are useful in identifying problem areas.
29. The accident data does not suggest a decrease in safety following the decision in 1992 to have self-certification instead of third party inspection and to allow householders to do a defined range of electrical and gas work. However, as discussed, using changes in the level of accidents to establish whether a policy is effective is fraught with difficulties. There is an additional complication in this case, as it appears from surveys done by the Office of the Chief Electrical Engineer that the amount of "householder" work carried out is about the same now as it was before it was legalised in 1992.
Electricity
30. The numbers of electricity related fatalities in recent years are listed below.
Electrical Fatalities
(Calendar years) |
| Year | Electrical Worker Fatalities | Other Fatalities |
| 1992 | 2 | 5 |
| 1993 | 2 | 4 |
| 1994 | 1 | 4 |
| 1995 | 2 | 3 |
| 1996 | 2 | 4 |
| 1997 | 1 | 8 |
| 1998 | 3 | 5 |
31. Most electrical accidents are not attributable to faulty appliance design or installation practices, but to poor maintenance or misuse. For example, fatalities reported in the Summary of Accidentsfor the year ending in December 1997(Number 150) included a factory worker receiving a fatal shock from a faulty machine; a person unloading pipes that made contact with a 11,000 volt overhead line; a farmer slipping and connecting with an electric fence and a water trough; a member of the public contacting a live conductor which had blown down in a cyclone; a homeowner touching the overhead mains while painting the house; a young person taking a fan heater apart; and a child on a metal slide who came into contact with the guttering of a house which was live.
32. An analysis carried out in 1997 indicated an increasing trend of accidents occurring to younger people and people in rural areas. This prompted the Office of the Chief Electrical Engineer to focus safety publicity on these areas.
33. The Gas Act requires that accidents involving serious injury or significant property damage be notified to the Secretary of Commerce. The number of gas-related fatalities recorded in recent years is listed in the following table.
Gas Fatalities
(Calendar years) |
| Year | Fatalities |
| 1992 | 2 |
| 1993 | 1 |
| 1994 | 1 |
| 1995 | 1 |
| 1996 | 6 |
| 1997 | 3 |
| 1998 | 3 |
34. Analysis of the causes of death in gas-related accidents shows that fatalities are very rarely related to gasfitting work and that the majority involve LPG. In 1996 for example, the fatalities involved two deaths from carbon monoxide poisoning in a tent, another poisoning in a caravan, and two separate fatalities from teenagers sniffing gas. One fatality was caused by a fire resulting from bed-clothes being placed too close to a natural gas heater.
Injuries
35. OSH has examined ACC claims data from 1 July 1992 to 31 December 1997. The results should be seen as indicative only as some of the categories used by ACC are very imprecise (e.g. "other event, unclear").
36. Electrical workers lodged 1,787 claims during the July 1992 to December 1997 period. The cause of accident was described as "electrical shock or short circuit" for 22 claims, "explosion" for 4 claims, and "fire" for 4 claims. However, the major cause of injury to electrical workers was "loss of balance or personal control" (395 claims), followed by "lifting, stretching, carrying or strain" (313 claims). This pattern of injuries is similar for gas workers.
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