Safeguarding of
Workers (Electricity at Work) (Jersey) Regulations 1983[1]
1 Interpretation
In
these Regulations, unless the context otherwise requires –
“conductor”
means a conductor of electrical energy and includes any metal work or any other
electrically conducting material;
“danger” means
danger of death or personal injury from electric shock or burn, or from fire,
arcing or explosion, attendant upon the generation, transformation, conversion,
distribution, control, storage or use of electrical energy;
“electrical
equipment” means anything used, or installed for use, to generate,
transform, convert, distribute, control, store or use electrical energy;
“personal injury”
includes any disease and any impairment of a person’s physical or mental
condition;
“responsible person”
shall be construed in accordance with Regulation 3;[2]
“system” means
an electrical system comprising electrical equipment to which these Regulations
apply whose conductors are arranged so that they may be connected to a source
of electromotive force arranged to supply electrical energy for that system or
connect a source of electromotive force to that system.
2 Application
These Regulations apply to any system –
(a) on
any premises on which employees are employed, or any part thereof;
(b) in
any machinery or plant used by employees; or
(c) in
any process or description of manual labour used by employees.[3]
3 Duties of the
responsible person[4]
(1) It
shall be the duty of every –
(a) employer;
(b) self-employed
person; and
(c) person
having to any extent control of premises, plant or substances,
to observe these Regulations
in so far as they relate to matters within his or her control, and references
to the “responsible person” shall be construed accordingly.
(2) For
the purposes of paragraph (1)(c), a person who has by virtue of any
contract or tenancy an obligation to any extent in relation to the –
(a) maintenance
or repair of any premises; or
(b) safety
of or absence of risks to health arising from any plant or substances,
shall be treated as being
a person who has control of the matters to which the person’s obligation
extends.
4 Duties of employees
It shall be the duty of every employee –
(a) to
conduct the employee’s work in accordance with these Regulations; and
(b) to
report as soon as possible to the employee’s employer, foreman or
supervisor, any defect which the employee discovers in a system to which these Regulations
apply.[5]
5 Systems not to give rise
to danger
(1) Systems
to which these Regulations apply shall be constructed, installed, and where
necessary, protected, commissioned and tested, so as to prevent danger so far
as is reasonably practicable.
(2) Systems
to which these Regulations apply shall be –
(a) maintained in an efficient state, efficient
working order and good repair so as to prevent danger so far as is reasonably
practicable;
(b) operated and used so as to prevent danger so
far as is reasonably practicable.
(3) Where
electrical equipment to which these Regulations apply is to be dismantled or
demolished such dismantling or demolition shall be done in such a manner as to
prevent danger so far as is reasonably practicable.
6 Electrical equipment to
be of adequate size, strength and capacity
(1) Electrical
equipment to which these Regulations apply shall be of a size, strength and
capacity sufficient to prevent danger when put to use.
(2) In
order to prevent danger arising from any fault or overload, electrical
equipment to which these Regulations apply and systems shall be –
(a) of adequate size, strength and capacity; or
(b) suitably placed, safeguarded and protected,
so far as is reasonably
practicable.
7 Exposure of electrical
equipment in conditions which may give rise to danger
(1) Where
electrical equipment to which these Regulations apply may foreseeably be
exposed to –
(a) the effects of weather, natural hazards,
temperature or pressure;
(b) the effects of wet, dirty, dusty, or
corrosive conditions;
(c) flammable or explosive substances, dusts,
vapours or gases; or
(d) damage by fauna or flora,
paragraph (2) shall
apply.
(2) Where
electrical equipment to which these Regulations apply is exposed as mentioned
in paragraph (1) –
(a) it shall be –
(i) suitably
constructed, installed, protected, commissioned, tested, used and operated,
(ii) maintained
in an efficient state, in efficient working order and in good repair,
as may be necessary to prevent danger; and
(b) such
other precautions shall be taken as may be necessary to prevent danger,
so far as is practicable.
8 Insulation and
protection of circuit conductors
All conductors in a system to which these Regulations apply which
may give rise to danger shall be either –
(a) suitably
covered with insulating material and where necessary further suitably
protected; or
(b) suitably
placed and such other precautions taken,
so as to prevent, so far as is reasonably practicable, such
danger.
9 Exposed circuit
conductors to be in controlled areas
(1) All
conductors which –
(a) may give rise to danger; and
(b) are so exposed that they may be touched by a
person,
shall be in a controlled
area.
(2) For
the purposes of this Regulation an area shall be a controlled area,
if –
(a) no person is permitted to have access to
such area, except –
(i) a person competent
to avoid danger from conductors in such area, or
(ii) a
person acting under the immediate supervision of a person competent to avoid
danger from conductors in such area; and
(b) suitable precautions are taken to avoid
danger from conductors in such area.
10 Precautions to prevent
danger during fault conditions
Precautions shall be taken, by earthing or other suitable means,
to prevent so far as is reasonably practicable danger arising when any
conductor to which these Regulations apply, which would carry current only
under fault conditions, becomes electrically charged.
11 Precautions where
electrical energy is transformed or converted
Where electrical equipment to which these Regulations apply is
used to transform or convert electrical energy from one voltage to another,
such precautions shall be taken as may be necessary to prevent danger arising
from the lower voltage conductors becoming charged above their normal voltage
from the higher voltage conductors.
12 Electrical connections
Where electrical equipment to which these Regulations apply
comprises an electrical connection, such connection shall be of suitable
construction for the purpose for which it is used as regards its conductance,
insulation, mechanical strength and protection, so far as is reasonably
practicable to prevent danger.
13 Excess current
protection
(1) In
this Regulation “excess fault current” means an excess of current
arising from –
(a) a failure of insulation;
(b) an unwanted interconnection of conductors;
or
(c) any other electric fault.
(2) Where
an excess fault current in electrical equipment to which these Regulations
apply may give rise to danger, suitable automatic means of protection shall be
available which shall cut off or limit such current without unreasonable delay,
so far as is reasonably practicable to prevent such danger.
14 Means for cutting off
supply and secure separation
(1) In
the case of electrical equipment to which these Regulations apply, where
necessary to prevent danger, but subject to paragraph (2), suitable means
shall be available for –
(a) cutting off the supply of electrical energy
from any electrical equipment; and
(b) the secure separation of any electrical
equipment from every source of electrical energy.
(2) Paragraph (1)
shall not apply to electrical equipment which is itself a source of electrical
energy but in such case such precautions shall be taken as may be necessary to
avoid, so far as is reasonably practicable, danger.
15 Precautions to prevent
danger from electrical equipment or a system becoming electrically charged
Where electrical equipment to which these Regulations apply is not
electrically charged for the time being, such precautions shall be taken as may
be necessary to prevent danger arising from such electrical equipment becoming
electrically charged.
16 Certain employees to be competent to avoid danger[6]
(1) No
employee shall engage in work on a system to which these Regulations apply
unless the employee is competent to avoid danger from so doing.[7]
(2) For
the purposes of this Regulation competence of an employee shall depend on the
following –
(a) the employee’s level of technical
knowledge;
(b) the employee’s experience of the work
to be undertaken;
(c) the employee’s knowledge of the
electrical equipment or the system on which the work is to be carried out; and
(d) the degree of supervision which the employee
is receiving.[8]
17 Work near electrical
equipment
(1) No
employee shall work on or with or be at work near electrical equipment to which
these Regulations apply which may give rise to danger, unless such equipment is
made electrically dead, or such other precautions are taken as are sufficient
to ensure that danger is avoided.[9]
(2) There
shall be suitable working space for employees who work on or with or are at
work near electrical equipment to which these Regulations apply where such
space is necessary to avoid danger from that equipment.[10]
(3) Where
necessary to avoid danger to employees who work on or with or are at work near
electrical equipment suitable protective equipment shall be provided.[11]
(4) Protective
equipment which is provided for the purposes of paragraph (3) –
(a) shall be used; and
(b) shall be maintained in an efficient state,
in efficient working order and in good repair.
18 Activities near overhead
or buried cables and certain electrical equipment
Where any machinery, plant, process or description of manual
labour is used by employees near any electrical cable,
overhead conductor or other electrical equipment which, having regard to the
nature of such machinery, plant, process or description of manual labour, may
give rise to danger, the responsible person shall, so far as is practicable,
take all such steps as are sufficient to avoid that danger –
(a) by
arranging for such electrical cable, overhead conductor or electrical
equipment, as the case may be, to be made electrically dead; or
(b) by
employing other means suitable to avoid that danger,
whether or not such electrical cable, overhead conductor or
electrical equipment is under the control of the responsible person.[12]
19 Notices to be displayed
at certain premises
(1) The
responsible person shall display notices in accordance with paragraph (2)
where in any premises a system to which these Regulations apply –
(a) supplies or receives electrical energy at a
voltage in excess of 250 volts; or
(b) comprises conductors energised at a voltage
in excess of 50 volts alternating current or 120 volts direct current which are
so exposed that they may be touched by a person.
(2) The
notices referred to in paragraph (1) shall –
(a) be in a form that can be easily read and
understood by employees employed at the premises;
(b) give the following information –
(i) the appropriate first
aid treatment for electric shock, and
(ii) details
of the emergency action to be taken in case of electric shock.[13]
20 Certificates of
exemption
The Minister may (subject to such conditions, if any, as may be
specified therein) by certificate in writing (which the Minister may at his or
her discretion revoke at any time) exempt from all or any of the requirements
of these Regulations –
(a) any
particular electrical equipment or system or any class or description of
electrical equipment or system;
(b) any
particular premises on which employees are employed or any class or description
of premises on which employees are employed; or
(c) any
particular process or description of manual labour used by employees or any
class or description of such used by employees,
if the Minister is satisfied that the requirements in respect of
which the exemption is granted are not necessary for the protection of any employee
or are not practicable.[14]
21 Citation
These Regulations may be cited as the Safeguarding of Workers (Electricity
at Work) (Jersey) Regulations 1983.