Are we required to tag and test the owners corporation's electrical appliances used in common areas, e.g. microwaves in the BBQ area?
Owners corporations owe a duty of care to ensure that electrical equipment, which includes ‘plug in’ equipment and equipment in potentially hazardous environments, is regularly inspected and tested by a competent person.
In New South Wales, owners corporations owe a duty of care to eliminate electrical risks or, if that is not reasonably practicable, minimise the risks so far as is reasonably practicable. Therefore, all owners corporations owe a duty of care to ensure that electrical equipment, which includes ‘plug in’ equipment and equipment in potentially hazardous environments, is regularly inspected and tested by a competent person in accordance with clause 150 of the Work Health and Safety Regulations 2017 (NSW). This includes appliances in common area kitchens or barbecue areas exposed to moisture, heat, vibration, mechanical damage, corrosive chemicals, or dust.
A competent person has acquired – through training, qualification or experience – the knowledge and skill to conduct inspections and testing of electrical equipment. Inspection and testing must be done in accordance with AS/NZS 3760 and AS/NZS 3012. The New South Wales government indicates that tagging and testing should be completed at least every 12 months. A record or safety audit of the tagging and testing of individual appliances must be kept until the electrical equipment is next tested or removed from the workplace.
It is imperative that all electrical equipment meets work health and safety standards to prevent personal injury and liability of the owner’s corporation.
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