Many of the problems arising from poor enforcement and prosecution decisions made by the electrical regulator, WorkSafe, and the EWRB in disciplinary hearings, is that not one of the people in the enforcement processes today was ever involved in developing the Electricity (Safety) Regulations they are trying to enforce.
Like those they regulate, their understanding of the law is based on interpreting the written outcome with little insight into how procedures to manage electrical safety risks were integrated in regulation and why.
Some of those procedures relate to the functional result of prescribed electrical work, others relate to how the workers have to carry out their work safely. Together they frame the regulatory architecture. High voltage work is regulated primarily to protect the safety of the workers, but low voltage work is regulated primarily to protect the safety of the public.
Electrical law balances these approaches and integrates the management of all types of risks, but the New Zealand government has lost its way since it created WorkSafe in 2013.
Just as with the HSE Act many years before, the stated intention of the government at the time was to shift all matters relating to worker health and safety that were in the Electricity (Safety) Regulations into new regulations under the Health and Safety at Work Act 2015 (HSWA). (See ElectroLink, July issue, 2014 ‘Big workplace regulation change on its way’)
The government committed to not just transferring the regulation of the health and safety of electrical workers to HSWA by April 2017, but also to WorkSafe developing codes of practice and guidance information that would form a new regulatory framework to address worker safety.
The government managed to create some initial regulations under HSWA, but the much-vaunted second tranche of regulations that would realign how the health and safety of electrical workers would be addressed solely under workplace law never eventuated.