Duty of person conducting a business or undertaking
166 Duty of person conducting a business or undertaking
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.
Maximum penalty: tier E monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that—
a risk assessment is conducted in relation to the proposed work; and
control measures implemented are consistent with—
the risk assessment; and
if an electricity supply authority is responsible for the electric line—any requirements for the authority under the Electricity Safety Act 1971, the Utilities Act 2000 and the Utilities (Technical Regulation) Act 2014.
Maximum penalty: tier E monetary penalty.
Note 1 Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Note 2 The Electricity Safety Act 1971, the Utilities Act 2000 and the Utilities (Technical Regulation) Act 2014 will also apply to the person conducting the business or undertaking.
An electricity supply authority is taken to have complied with this section if the authority has complied with the requirements of the Electricity Safety Act 1971, the Utilities Act 2000 and the Utilities (Technical Regulation) Act 2014 relating to the work of an electricity supply authority.
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