Disciplinary hearings

Disciplinary Hearings - October - December 2018

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Disciplinary Hearings - October - December 2018

The following is a summary of the hearings held by the Board from October through to December 2018. There are also some more detailed articles on cases the Board considers other electrical workers could learn from.

MonthFindingPenalty
October Three electrical workers were disciplined. Two of the electrical workers were required to undergo remedial training as a result.
Practitioner 1 The electrical worker, an electrician, installed under rated conductors. He was found to have carried out prescribed electrical work in a negligent manner under section 143(a)(i) of the Electricity Act 1992 and to have provided a false or misleading certificate of compliance under section 143(f). The electrical worker was fined $250 and ordered to pay costs of $150. The fine and level of costs reflected the electrical worker’s acceptance of responsibility, the penalties imposed at the time of the offending, that the negligence was at the lower end of the scale and that the electrical worker had cooperated including agreeing to the matter being dealt with on the basis of an agreed statement of facts.
Practitioner 2 The electrical worker, an electrician, failed to terminate live conductors, did not install RCDs and failed to test. He was found to have negligently created a risk of serious harm to any person, or a risk of significant property damage under section 143(b)(ii) of the Electricity Act 1992 and to have provided a false or misleading certificate of compliance under section 143(f). The electrical worker’s licence was suspended until such time as he successfully completed Board ordered training. He was also ordered to pay $500 in costs. The costs were reduced on the basis of the electrical workers cooperation at the hearing.
Practitioner 3

The electrical worker, an electrical inspector, failed to adequately test before livening an installation. He was found to have carried out prescribed electrical work in a negligent and incompetent manner under section 143(a)(i) of the Electricity Act 1992 and to have provided a false or misleading certificate of compliance under section 143(f).

The Board imposed a restriction on the electrical worker until such time as he had completed Board ordered training. The restriction effectively reduced the electrical workers licence to that of an electrician until such time as he has successfully completed the training. The electrical worker was also ordered to pay costs of $300. The costs were reduced on the basis of the electrical workers cooperation at the hearing and on other mitigation put forward to the Board.
November Two electrical workers were disciplined. One of the electrical workers licence was restricted as a result of the Board’s findings.
Practitioner 1

The electrical worker, an electrician, was disciplined for installing a photovoltaic system in a negligent manner under section 143(a)(i) of the Electricity Act 1992 and to have provided a false or misleading certificate of compliance under section 143(f).

The Board ordered that the electrical worker could not carry out any prescribed electrical work on photovoltaic systems until such time as he had proved his competence to be able to carry out such work. He was also fined $2,000 and ordered to pay costs of $250. The fine and costs were reduced on the basis that he accepted responsibility for the disciplinary offending.
Practitioner 2

The electrical worker, an electrician, failed to adequately protect a submerged conductor and to install an appropriate earth conductor for a submerged marine application. He was found to have negligently created a risk of serious harm to any person, or a risk of significant property damage under section 143(b)(ii) of the Electricity Act 1992 and to have provided a false or misleading certificate of compliance under section 143(f).

The electrical worker was fined $1,500 and ordered to pay costs of $2,000. The costs were higher than usual as a result of various applications the electrical worker made prior to the hearing and the need to have two hearing days as a result.
December Three electrical workers were disciplined. One was ordered to undergo training.
Practitioner 1

The electrical worker, an electrical appliance serviceperson, carried out the installation of a switchboard in a non-compliant and unsafe manner and carried out prescribed electrical work on the isolator of an electric oven hob top in a non-compliant and unsafe manner. He was found to have negligently created a risk of serious harm to any person, or a risk of significant property damage under section 143(b)(ii) of the Electricity Act 1992 and to have carried out prescribed electrical work that he was not licensed to do under section 143(d).

The Board ordered that the electrical worker complete a course of training and an EAS practical assessment. The Board also ordered the electrical worker to pay $500 in costs. The costs were reduced on the basis that the matter was dealt with on the basis of an agreed statement of facts.
Practitioner 2 The electrical worker, an electrician, failed to supervise a trainee. The trainee carried out non-compliant prescribed electrical work which resulted in the trainee receiving an electric shock. He was found to have negligently created a risk of serious harm to any person, or a risk of significant property damage under section 143(b)(ii) of the Electricity Act 1992. The electrical worker, who is no longer in New Zealand, was fined $3,000 and ordered to pay costs of $850.
Practitioner 3

The electrical worker, an electrical inspector, failed to adequately supervise a person who carried out non-compliance prescribed electrical work.  He was found to have carried out prescribed electrical work in a negligent manner under section 143(a)(i) of the Electricity Act 1992, to have provided a false or misleading certificate of compliance under section 143(f) and to have allowed an unauthorised person to carry out prescribed electrical work under 143(g).

The electrical worker was fined $1,500 on the first charge, $500 on the second and $500 on the third. The electrical worker was also ordered to pay $1,000 in costs.