Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983

Revised Edition

05.300.75

Showing the law as at 1 January 2006

This is a revised edition of the law

Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983

Arrangement

Regulation

1            Interpretation

2            Application

3            Duties of the responsible person

4            Duties of employees

5            Systems not to give rise to danger

6            Electrical equipment to be of adequate size, strength and capacity

7            Exposure of electrical equipment in conditions which may give rise to danger

8            Insulation and protection of circuit conductors

9            Exposed circuit conductors to be in controlled areas

10          Precautions to prevent danger during fault conditions

11          Precautions where electrical energy is transformed or converted

12          Electrical connections

13          Excess current protection

14          Means for cutting off supply and secure separation

15          Precautions to prevent danger from electrical equipment or a system becoming electrically charged

16          Certain employees to be competent to avoid danger

17          Work near electrical equipment

18          Activities near overhead or buried cables and certain electrical equipment

19          Notices to be displayed at certain premises

20          Certificates of exemption

21          Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983[1]

THE STATES in pursuance of Article 9 of the Health and Safety at Work (Jersey) Law 1989,[2] have made the following Regulations –

Commencement [see endnotes]

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;[3]

“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.[4]

3      Duties of the responsible person[5]

(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.[6]

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[7]

(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.[8]

(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.[9]

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.[10]

(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.[11]

(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.[12]

(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.[13]

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.[14]

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.[15]

21    Citation

These Regulations may be cited as the Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983.

Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Safeguarding of Workers (Electricity at Work) (Jersey) Regulations 1983



R&O.7201



1 February 1984



Safeguarding of Workers (Electricity at Work) (Amendment) (Jersey) Regulations 1997



R&O.9046



1 May 1997



States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005



R&O.48/2005



9 December 2005



Table of Renumbered Provisions



Original



Current



1(1)



1



1(2), (3), (4)



spent, omitted from this revised edition



21



spent, omitted from this revised edition



22



21



Schedule



spent, omitted from this revised edition



Table of Endnote References



[1]



These Regulations have been amended by the States of Jersey (Amendments and Construction Provisions No. 8) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 05.300, originally made under the Safeguarding of Workers (Jersey) Law 1956 and continued in force under Article 29 of the Health and Safety at Work (Jersey) Law 1989



[3] Regulation 1(1)



definition “responsible person” inserted by R&O.9046



[4] Regulation 2



amended by R&O.9046



[5] Regulation 3



substituted by R&O.9046



[6]



Regulation 4 and heading amended by R&O.9046



[7] Regulation 16



heading amended by R&O.9046



[8] Regulation 16(1)



amended by R&O.9046



[9] Regulation 16(2)



amended by R&O.9046



[10] Regulation 17(1)



amended by R&O.9046



[11] Regulation 17(2)



amended by R&O.9046



[12] Regulation 17(3)



amended by R&O.9046



[13] Regulation 18



amended by R&O.9046



[14] Regulation 19(2)



amended by R&O.9046



[15] Regulation 20



amended by R&O.9046