Electrical Safety
Expert Witness
Independent expert opinion on electrical incidents in Australian legal proceedings. Electric shock, arc flash, isolation and lockout failures, RCD compliance, test and tag, licensed electrical work obligations and working near energised equipment.
Electrical Safety Expert Witness Scope
Electrical incidents cause serious and often fatal injuries in Australian workplaces across construction, manufacturing, energy, maintenance and retail. The WHS obligations relating to electrical safety are specific and demanding, and the analysis of an electrical incident requires knowledge of both the WHS framework and the technical electrical safety standards applicable to the specific work environment.
The expert witness role in electrical safety matters is to assess whether the duty holder managed the electrical risks present in the workplace adequately. This includes assessing whether the electrical installation and equipment were safe, whether isolation procedures were followed before work on electrical equipment commenced, whether residual current devices were installed and tested, whether test and tag programs were in place and whether workers performing electrical work held the required licences.
Karim Ali provides WHS expert opinion on electrical safety incidents for plaintiff and defendant solicitors and insurers. His experience at Origin Energy includes direct management of electrical safety at major energy generation and distribution assets. Where the matter also requires specialist electrical engineering opinion, Karim can assist in coordinating multi-disciplinary expert evidence. Instructions are accepted nationally in workers' compensation and public liability proceedings.
What the Analysis Covers
- Whether the electrical installation or equipment involved was safe and compliant
- Whether isolation and lockout procedures were followed before work commenced
- Whether residual current devices were installed, tested and functional
- Whether the equipment involved in the incident was subject to a test and tag program
- Whether workers performing electrical work held the required licence
- Whether an electrical risk assessment was conducted for the work
- Whether the duty holder had an electrical safety management system
- Whether workers were trained in electrical safety for their role
For incidents involving machinery or plant with electrical components, see the machinery and plant safety expert witness page. Both WHS aspects are often addressed together in a single expert report.
Electric Shock, Arc Flash and Equipment Failure
Electrical incidents fall into a number of distinct categories, each with specific causal patterns, duty holder obligations and applicable standards. The expert analysis addresses the specific incident type and the controls that should have been in place to prevent it.
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Electric Shock
Contact with live electrical conductors or faulty electrical equipment. Analysis covers whether the equipment was maintained in a safe condition, whether fault current protection was in place and functioning, whether the worker was authorised to work on or near the equipment and whether isolation was carried out before work commenced.
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Arc Flash and Arc Blast
An arc flash is an uncontrolled electrical discharge that releases intense heat, pressure and radiation. It occurs when working on or near energised switchgear, switchboards or other high-energy electrical equipment. Analysis covers whether the work should have been performed with the equipment de-energised, whether arc flash risk assessment was conducted and whether appropriate arc flash PPE was provided and worn.
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Electrical Equipment Failure
Fire, shock or injury caused by faulty or defective electrical equipment including power tools, extension leads, portable appliances and fixed installations. Analysis covers whether equipment was subject to a test and tag program, whether defects were identified and acted on and whether the equipment was suitable for the environment in which it was used.
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Underground Service Strikes
Contact with buried electrical cables during excavation work. Analysis covers whether the duty holder obtained dial before you dig information, whether the location of the service was identified and marked before work commenced, whether manual excavation was used in the exclusion zone and whether spotter arrangements were in place.
Key Electrical Safety Controls
The expert analysis assesses the adequacy of the electrical safety controls in place at the time of the incident against the applicable WHS Regulations, codes of practice and technical standards.
Assessment of whether the electrical isolation procedure required before work on electrical equipment was followed, whether the isolation was verified before work commenced and whether the lockout and tagout system prevented inadvertent re-energisation of the circuit during work. Isolation failures are the primary cause of electric shock injuries during maintenance work.
Assessment of whether residual current devices (RCDs) were installed at the distribution board or on leads supplying portable equipment, whether they were tested at the required intervals and whether they were functional at the time of the incident. RCDs are required for all socket outlet circuits supplying portable electrical equipment in most Australian jurisdictions.
Assessment of whether portable electrical equipment and leads were subject to a regular inspection and testing program, whether the equipment involved in the incident had been tested within the required period and whether defective equipment was removed from service before it caused injury. Test and tag requirements vary by jurisdiction and industry.
Assessment of whether the duty holder implemented the required approach distances, exclusion zones, barriers and supervision arrangements for work near energised electrical equipment where isolation was not practicable. The analysis assesses whether the decision to work with the equipment energised was justified and whether the controls were adequate for the voltage and energy involved.
Assessment of whether an electrical risk assessment was conducted before work on or near electrical equipment, whether it identified all relevant hazards, whether the controls selected were adequate and whether the risk assessment was communicated to all workers performing the electrical work.
Assessment of whether the duty holder had an electrical safety management system in place, whether it addressed the specific electrical hazards at the workplace, whether it was implemented in practice and whether maintenance and inspection of the electrical installation were conducted at the required intervals.
Electrical Safety Code of Practice
Safe Work Australia's Code of Practice for Managing Electrical Risks in the Workplace sets out the specific obligations of PCBUs in relation to electrical safety. The analysis assesses whether the duty holder's approach to electrical safety was consistent with the requirements of the code.
The code addresses the full lifecycle of electrical risk management, from designing and installing electrical systems through to operating, maintaining and testing them. Compliance with the code is the accepted means of meeting the WHS Regulation requirements for electrical safety. Where a duty holder departed from the code's requirements, this is relevant to the assessment of whether they acted reasonably.
- Electrical risk identification and risk assessment process
- RCD requirements for socket outlet and construction supply circuits
- Test and tag intervals for different equipment categories and environments
- Isolation procedures for electrical work and maintenance
- Requirements for working on or near energised electrical equipment
- Electrical installation inspection and testing requirements
- Training and competency requirements for persons performing electrical work
- Emergency response and first aid arrangements for electrical incidents
Licensed Electrical Work Requirements
In all Australian states and territories, most work on electrical installations must be performed by a licensed electrician or, in some cases, by a person working under the direct supervision of a licensed electrician. The analysis in electrical safety matters addresses whether the person who performed the electrical work held the required licence and whether the scope of work was within the authorisation provided by that licence.
Where unlicensed persons performed electrical work that resulted in an unsafe installation, the analysis addresses both the unlicensed person's conduct and the responsibility of the PCBU who permitted or directed unlicensed electrical work to be carried out.
- Whether the work constituted licensed electrical work under the applicable state legislation
- Whether the person who performed the work held a current electrical licence
- Whether the work was within the scope of the licence held
- Whether required certificates of compliance were issued for the electrical work
- Whether required inspections by the relevant electrical inspector were arranged
- Whether the PCBU verified the electrician's licence before engaging them
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Is an electrical engineer also required in an electrical incident matter?
It depends on the issues in dispute. Where the matter involves the design or technical adequacy of the electrical installation, whether the circuit protection was correctly specified or whether the arc flash energy was foreseeable, electrical engineering opinion may be required. The WHS expert addresses whether the duty holder managed the electrical risks adequately under WHS law. The electrical engineer addresses the technical adequacy of the electrical system. These are complementary but distinct roles. Karim can assist in coordinating both types of expert evidence where needed.
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Does the WHS expert opinion address Victoria's Electricity Safety Act as well as the OHS Act?
Victoria has separate electrical safety legislation in the Electricity Safety Act 1998, which imposes specific obligations relating to electrical installations and licensed electrical work. In Victorian matters, the analysis addresses both the OHS obligations under the Occupational Health and Safety Act 2004 and, where relevant, the electrical safety obligations under the Electricity Safety Act. The WHS expert addresses the workplace safety obligations. Matters involving the technical adequacy of the electrical installation may also require electrical engineering opinion.
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Can the expert assess a matter involving a domestic property?
Where an electrician or other tradesperson was injured while performing work at a domestic property, the WHS Act obligations of the tradesperson's employer or the property owner as PCBU may be relevant. The WHS expert addresses those obligations. Where the matter involves the safety of the domestic electrical installation itself, electrical engineering opinion is more likely to be the primary expert evidence required, and Karim can advise on whether WHS expert opinion is relevant to the specific matter.
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Can the analysis address a matter where the injured person was not performing electrical work?
Yes. Many electrical incidents involve persons who were not performing electrical work but came into contact with electrical hazards in the workplace, such as workers using faulty portable tools or equipment, workers in areas where live conductors were exposed and members of the public who came into contact with unsafe electrical infrastructure. The duty holder's obligations extend to all persons affected by the work, not only to persons performing electrical work.
Instruct on an Electrical Safety Matter
Contact Karim Ali to discuss the matter, confirm availability and obtain a fee estimate for the expert opinion.