166Duty of person conducting a business or undertaking

166 Duty of person conducting a business or undertaking

(1)  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.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

(2)  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) a risk assessment is conducted in relation to the proposed work; and

(b) control measures implemented are consistent with –

(i) the risk assessment; and

(ii) if an electricity supply authority is responsible for the electric line, any requirements of the authority.

Penalty:  In the case of –

(a) an individual, a fine not exceeding $6 000; or

(b) a body corporate, a fine not exceeding $30 000.

| Note | | The Electricity Industry Safety and Administration Act 1997 will also apply to the person conducting the business or undertaking. |