Disciplinary hearings – October 2023
In this month’s disciplinary articles, there are a number of cases where electrical workers failed to apply specific electrical standards that applied to their prescribed electrical work.
The Board’s “Tool Box” has an article entitled Which Standards apply and where can I find them? Applying the correct standard is imperative. Failure to apply it is a disciplinary offence, as was the case in some of the matters below. You can read the “Tool Box” article here:
Which Standards apply and where can I find them?
Corey Beaumont, E 277625, EW 134266, Electrician
Mr Beaumont was found to have carried out prescribed electrical work in a negligent manner and to have failed to provide certification for prescribed electrical work. He was fined $2,500 and ordered to pay costs of $2,000. As with all disciplinary matters, a record of the disciplinary offending will be recorded on the Public Register for a period of 3 years.
The complaint arose when another electrical worker attended a property and raised concerns about the quality and compliance of Mr Beaumont’s prescribed electrical work. The negligence findings related to the inadequate fixing of electrical fittings, cutting the protective earthing off recessed downlights and a failure to provide residual current device (RCD) protection to a new socket outlet.
Mr Beaumont did not engage in the disciplinary process, and the decision was made after a formal proof hearing where the Board received and considered the Investigator’s uncontested evidence. The costs order reflected the Respondent’s failure to engage and the costs that were incurred as a result.
Case 2
The electrical worker carried out prescribed electrical work in a manner that was contrary to an enactment when he carried out prescribed electrical work contrary to the provisions of AS/NZS 3001. He was censured and ordered to pay costs of $225. The censure was ordered on the basis that the electrical worker accepted his wrongdoing, and the costs were reduced to recognise his cooperation in the matter.
The case is a reminder to electrical workers that when carrying out prescribed electrical work, they have to be aware of and apply the provisions of any and all electrical standards that may apply to it.
Case 3
The electrical worker carried out prescribed electrical work in a negligent manner. He was fined $250 and ordered to pay costs of $225. The matter was decided on the basis of an agreed statement of facts.
The case related to repair and maintenance work and was another matter where a specific electrical standard was not complied with (AS/NZS 5762:2011). The electrical worker accepted that he failed to confirm the efficacy of his repair and the overall safety of the work. Because of his acceptance and remorse, the fine was reduced.
Case 4
The Board found that the electrical worker had carried out prescribed electrical work in a negligent manner when he failed to have high-risk work inspected prior to it being connected to a power supply. He also failed to provide certification on completion of the work. He was fined $1,000 and ordered to pay costs of $250. The matter was decided on the basis of an agreed statement of facts.
The high-risk work was in relation to a solar photovoltaic system. There were no concerns with the standard or compliance of the work carried out. Rather, the wrongdoing was the failure to have the work inspected before it was livened as per the requirement of the Electricity (Safety) Regulations. Inspections provide assurance that prescribed electrical work is safe and, under the risk-based regime in the Regulations, they are mandated where the risk of injury or damage is the greatest.
Case 5
The Board’s finding was that the electrical worker did not test prior to connecting prescribed electrical work and that, as a result, left a fitting in an electrically unsafe state. As such, the Board found that the electrical worker had negligently created a risk of serious harm to persons and that he had failed to provide an Electrical Safety Certificate. The Board fined the electrical worker $1,500 and ordered that he pay costs of $500. A record of the disciplinary offending will be recorded on the public Register for a period of 3 years. The fine was reduced because the electrical worker accepted responsibility, had undertaken self-directed training and was remorseful.
The case was one where there was an element of system or procedure breakdown. The work was completed at the end of a working day, and normal procedures were not followed. If they had been, the fault may well have been identified. It is a reminder that safety comes first, and procedures must always be strictly adhered to.
Case 6
The electrical work in this matter was completed in a negligent manner and at a time when the electrical worker was not licensed. He was ordered to pass the Board’s stage 3 practical assessment and to pay costs of $225. The disciplinary order stipulated that the electrical worker could not be relicensed until such time as he had passed the practical assessment. The matter was decided on the basis of an agreed statement of facts.
An electrical worker must hold a current practising licence if they are carrying out prescribed electrical work. It is each worker’s individual responsibility to ensure that they are licensed. Electrical Workers should note that if a registered person carries out prescribed electrical work when they are not licensed, they can have disciplinary action taken against them, and they can also be prosecuted in the courts.