Electrical equipment safety system

1 March 2013 saw the commencement of the Electrical Equipment Safety System (EESS) rollout in participating states and territories of Australia. First cab off the rank is Queensland, with WA, Vic, Tas, SA, NT and ACT all looking to follow suit. Additionally, New Zealand will implement similar legislation.

According to its website, the Electrical Regulatory Authorities Council (ERAC) is the peak body of electrical safety regulators in Australia and New Zealand and seeks to ensure harmonisation of electrical safety regulations across the ANZ region. In 2007, this charter led to an independent review of safety systems which, in turn, led to development of the EESS.

To support the EESS, ERAC's compliance strategy ensures safety issues are quickly identified and consistently managed. The strategy is to:

• Monitor the market across the distribution chain and promote greater industry and public awareness of equipment safety.
• Promote greater industry and public awareness of equipment safety compliance requirements such as the use of the Regulatory Compliance Mark (RCM) as the symbol that equipment meets the EESS.
• Audit manufacturers, importers and suppliers of equipment to ensure they comply with safety fundamentals and with legislative obligations.
• Enforce compliance, including issuing notices and prosecution proceedings as appropriate.

EESS entails legislation around the sale of electrical equipment that is considered ‘in scope’. This is regarded as low-voltage electrical equipment rated at greater than 50 VAC RMS or 1200 V ripple-free DC (extra low voltage) and less than 1000 VAC RMS or 1500 V ripple-free DC (high voltage). This equipment must be designed or marketed as suitable for household, personal or similar use.

Every supplier who manufactures or imports electrical equipment in Australia and New Zealand must ensure their equipment meets the established regulatory framework. This applies whether the equipment is imported or domestically produced.

The scheme entails the following elements:

• Nationally consistent, electrical equipment safety legislation throughout Australia and New Zealand that will greatly increase consumer safety.
• A national database where all suppliers and certain types of equipment must be registered prior to being offered for sale. This will allow equipment to be easily traced to its supplier and act as a gateway to the legal supply of electrical equipment in Australia and New Zealand.
• Risk-based classification of equipment into three levels (Level 3, Level 2 and Level 1) with different requirements for each level.
• A self-funding, user-pays system where registration fees fund improved compliance, surveillance and post-market enforcement activities.
• Registration of a ‘responsible supplier’, who is a manufacturer or importer of in-scope electrical equipment and who is a legal entity in Australia or New Zealand, and has the onus of responsibility for ensuring the safety of the electrical equipment it sells.
• Technical safety requirements have not changed under the EESS but tighter evidence of conformity is required for some items.

General requirements

While there is a general requirement under legislation for all electrical equipment to be safe, the Australian and New Zealand regulatory environment also requires equipment to meet the relevant standards and as a minimum meet the essential safety characteristics and requirements set out in AS/NZS 3820.

Responsible suppliers

A responsible supplier is a person, company or business that manufactures in-scope electrical equipment in Australia or New Zealand, or imports in-scope electrical equipment into Australia or New Zealand.

A responsible supplier must be a legally identifiable Australian or New Zealand entity holding an Australian Business Number (ABN) or a New Zealand Inland Revenue Department (IRD) number.

Responsible suppliers have the main obligation for complying with the EESS. The legislation requires responsible suppliers to ensure that the electrical equipment they sell meets relevant standards and is electrically safe. Failure to do so could result in significant penalties.

National database

ERAC has established a national database as the gateway for the supply of in-scope electrical equipment to Australia and New Zealand.

The database records the registration details of responsible suppliers of in-scope electrical equipment in Australia and New Zealand. Responsible suppliers are required to register their details on the database. As part of the registration process, responsible suppliers also make a declaration that the equipment they sell meets relevant standards and is electrically safe.

The database records the details of all Level 2 (medium risk) and Level 3 (high risk) electrical equipment. Responsible suppliers are required to register all types of Level 2 and Level 3 equipment they sell on the database.

The database also records the certification details of Level 3 (high risk) electrical equipment which requires a valid Certificate of Conformity before it can be sold in Australia and New Zealand.

Compliance folders for Level 2 (medium risk) can be uploaded into the database.

Responsible supplier declarations or equipment declarations are also recorded on the database. The database is accessible at www.erac.gov.au.

Responsible supplier registration

The legislation requires all responsible suppliers to be registered on the national database. Registration must be renewed annually with an annual registration fee payable by responsible suppliers when they register.

Responsible suppliers are to ensure that the details contained on the database are current and must update their details (ie, contact person, address, etc) within 30 days of those details changing. Penalties apply if it is found that a responsible supplier’s details are not current on the national database.

A responsible supplier must make a responsible supplier’s declaration when they register on the national database. This is a generic declaration all responsible suppliers make that all electrical equipment they supply is electrically safe and will continue to meet relevant standards and comply with the EESS. This responsible suppliers declaration will apply to all electrical equipment generally and is the only declaration required that will cover Level 1 (low risk) electrical equipment.

In addition to the responsible suppliers declaration, for Level 2 (medium risk) and Level 3 (high risk) electrical equipment, responsible suppliers must also make equipment declarations. The equipment declaration is equipment specific and is made when equipment of this type is registered on the database. These declarations state that the equipment meets relevant standards in a way that is required under the EESS for that classification of electrical equipment.

Evidence of conformity

The EESS provides for in-scope electrical equipment to be classified into three levels (high, medium and low risk). There are proportionate evidence of conformity requirements for each level, depending on the potential risk of the item.

All in-scope electrical equipment must be electrically safe and meet the relevant standards.

There are different requirements for evidence of compliance with relevant standards for each equipment risk level.

Level 1 electrical equipment (low risk). The responsible supplier for Level 1 equipment must keep evidence, in English, that the items meet the relevant standard at the time the item was either manufactured or imported. This evidence is to be kept by the responsible supplier for a period of 5 years starting on the day the item is last manufactured or imported by the responsible supplier.

Level 2 electrical equipment (medium risk). A responsible supplier is required to keep a compliance folder. A compliance folder is a document recording evidence, in English, that must include test reports completed by an approved testing entity or a suitably qualified person, confirming that the equipment type being registered meets the relevant standard(s).

Level 3 electrical equipment (high risk). The evidence of compliance for Level 3 equipment is a valid certificate of conformity. The certificate of conformity must be issued by a recognised certifying body for each item of Level 3 electrical equipment, or family of items.

Risk engine

A risk engine or risk calculator is used to help determine which types of electrical equipment are Level 3 and Level 2 equipment. The risk engine is used by the Australian and New Zealand Standards committee QR-12 made up of electrical industry experts from government and private industry to assess risk.

These types of Level 3 and Level 2 electrical equipment are then identified in Australian and New Zealand Standard AS/NZS 4417.2 and published on the ERAC website. All in-scope electrical equipment not published as Level 3 or Level 2 equipment in this way is automatically classified as Level 1 equipment under the EESS legislation.

Labelling with the regulatory compliance mark (RCM)

All Level 1, 2 or 3 electrical equipment offered for sale in Australia and New Zealand by responsible suppliers is to be marked with the Regulatory Compliance Mark (RCM) as illustrated.

The RCM should be placed on the external surface of the electrical equipment as near as possible to the model identification or alternatively, it may be placed on the packaging or promotional material for that item where it is not possible to put the RCM on the item itself due to the size or nature of the equipment.

Further information on labelling of items with the RCM can be found in the AS/NZS 4417.1 (Use of the mark).

Responsible suppliers are given the exact dimensions of the RCM in accordance with AS/NZS 4417.1 when they register on the national database as a responsible supplier. Rules for use of the RCM for ACMA purposes are set out in the ACMA Labelling Notices.