Essential Legal Insights for Ensuring Safety in Industrial Control Panels

With workers and engineers who have vast experience and expertise when it comes to the design and manufacture of electrical accessories for industrial purposes, Shree Engineering have spent many years producing safe, reliable and quality products. However, there is often one element that is not as obvious to them, that could be having a detrimental effect on the safety of their products, the law. Whether it be from standardization considerations, or from considering the legal considerations for fire and emergency services, the law is something that every engineer should understand in order to avoid creating or being exposed to tortious liability, like negligence. For this reason, it is essential for businesses like Shree Engineering to ensure that they are well-versed on all the laws surrounding health, safety and emergency services.

This includes understanding the laws surrounding designing and manufacturing electrical products like feeder pillars and control panels. The laws regarding fire and emergency services should also be acknowledged to ensure that the products are durable and protective in instances of emergency and fire. These impacts structural integrity and the ability for the products to endure today’s industry standards, as well as the possibility of future developments.

Under the Industrial Relations Act 1979, it is stipulated that an employer must ensure that their employees are not put at any risk of injury, illnesses or diseases, when carrying out any work or task associated with their employment. Additionally, the act also states that employers have a responsibility to ensure that their actions do not negatively affect other workers who are conducting their own tasks. As such, equipment such as control panels and feeder pillars must be designed and built in a way that minimizes the risk of injury or illness to the user of the equipment, like an employee of an electrical company, should an accident occur on site. This can be done by ensuring that the materials used to create the products are capable of withstanding accidents and emergencies, such as fires, ensuring that the internal components are safely secured and that the equipment would not break open or shatter if dropped or subjected to blunt force.

The Workplace Health and Safety Act 2011 aims to manage and further promote the health and safety of both employees and employers in any environment. The Act covers a wide range of circumstances and situations, ranging from chemical spills, physical accidents and unforeseen events. As such, when manufacturing and designing electrical equipment like feeder pails and control panels, it is essential to consider things like electrical fires, component malfunctions, physical breakages and exposure to extreme temperatures.

Electrical equipment, like feeder pillars and control panels, are often used in grounds where fires may occur. The conditions of certain sites, high electrical voltages and a lack of following safety procedures may create a heightened risk for accidents and fires. With this in mind, equipment manufactured for use in these areas should be designed and built with this in consideration. As such, the materials should be able to withstand high levels of heat, and should be equipped with fail-safe mechanisms and circuit breaks in place to make sure that a fault cannot cause the equipment to short circuit and cause a fire.

The ADGAS (The Australian Gas Association Standards) have set out guidance for how to install equipment like control panels. They have provided a detailed list of specific requirements for equipment in different environments, as well as recommended practices for reducing risks for those workers using the equipment. Sub-standard or non-compliance of any set safety standards or regulations can, and often will, lead to significant legal consequences for the people and businesses involved.

The National Construction Code outlines the performance requirements for buildings and structures. This also includes laws, regulations and case precedents surrounding improvements of electrotechnology safety, like the installation of electrical equipment, and how changes in that sector should impact outcome criteria for the NCC. Understanding this information helps manufacturers of electrical equipment and accessories to ensure that they are constructing safe and reliable products.

As seen in the recent case of Grant v Boral Resources (Vic) Pty Ltd [2017] NSWCA 309, negligence can occur through supplying equipment or services that do not align with the legal requirements set out by documents like the NCC. In Grant v Boral, the defendant was a supplier of a loading facility, while the plaintiff was the manufacturer of the products needed for the loading facility to operate. Both Boral and the manufacturer of the equipment had a responsibility to the employees. Despite this, the plaintiff and defendant were both found to have been negligent in their duty to employees. As a result, each individual and business was exposed to substantial tortious liability due to the breach of reasonable care.

So, how does this help Shree Engineering? Well, the application of these acts and standards highlighted above gives adequate guidance for Shree Engineering to ensure that its operations are both safe, compliant and in line with the legal requirements of building the equipment.

For more information on workplace safety regulations, you can visit the Occupational Safety and Health Administration (OSHA) website.

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