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From September 2002 all "work places" are required, under the Occupational Health and Safety Act, to have in place a system that ensures the safety of all electrical equipment.
For the majority of B&Bs and Farmstays this means that their property is regarded as a "work place", irrespective of whether they have paid employees working in their business - casual, part-time or full-time. Electrical equipment includes toasters, vacuum cleaners, irons, bed lamps, hair dryers, power cords and boards; indeed anything that plugs into a power outlet.
A system, considered by WorkCover to be basic to the requirements of the relevant section of the Act, is set out in ASNZ Standard 3760:2001. This Standard requires that each piece of electrical equipment is tested and tagged - to indicate that the test has taken place - every two years. Newly purchased equipment is exempt for a period of two years from purchase.
Testing and tagging may be undertaken by a qualified electrician, or by a person who is otherwise qualified to do so through attending and passing a relevant TAFE course.
If a B&B or Farmstay shows that (1) that they have an accurate and up-to-date list of all electrical equipment in the house by purchase date and location; and (2) the equipment is regularly checked for malfunction and potential safety problems, and (3) the cut-out devices on your electrical circuit are "tagged" by a qualified electrician, it is unlikely that it would experience a negative outcome from a routine WorkCover inspection. It is also likely that their position would be even stronger if the operator had appropriate training.
Should an inspection occur, any remediation will vary depending on the circumstances found by the inspector who has broad discretion under the Act.
The outcome of an inspection will depend on the seriousness of the circumstances found by the inspector.
For example, an inspector finding one or more pieces of electrical equipment un-tagged and in obvious good working order might simply issue a compliance order for the testing and tagging of the offending equipment within a specified period.
At the other end of the "seriousness spectrum", an inspection might occur following a serious reported accident, directly or indirectly caused by faulty electrical equipment. In these circumstances the inspector could well bring charges against the person or persons responsible for the workplace. A prosecution could result in a substantial fine, a gaol sentence or both.
A piece of equipment with obvious defects and therefore, of some safety concern might well attract an on-the-spot "withholding" order accompanied by a compliance order. This would require that the piece of equipment be taken out of service immediately and brought back to appropriate condition within a specified period or replaced.
If the circumstances showed more systemic problems of electrical safety indicating an obvious and direct safety concern - exposed wires for example, an on-the-spot fine as well as withholding and compliance orders might be issued.
It is a clear responsibility of all operators to eliminate or minimise all risks, direct or indirect, potential or immediate. It is important that all operators do whatever they can to address these issues.
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