Consultation on the Proposed Decision Paper on the Scope of (Published on 28 th September, 2011) (CER/11/177) RECI Response 28 th October 2011.
1. Introduction. We welcome this consultation and acknowledge CER s continuing efforts in establishing and extending the electrical safety regulation system in Ireland. We believe that, at this critical phase in the development of safety regulation, that the safety and welfare of all those citizens who rely daily on the safety of electrical installations be paramount in any decision making. We believe that the initial definition of Restricted Works is an important step in advancing the effectiveness of the Regulatory system and will play a key part in protecting the safety interests of customers with respect to electrical installation activities. Restricted electrical works carried out, tested and certified in compliance with the appropriate technical rules/standards by Registered Electrical Contractors is the only approach that takes the non competent person out of the picture. 2. Recommendation. The recommendation in the proposed decision paper is to adopt Option 3. This is that all controlled works 'within a domestic setting' be restricted`, including works by the owner & occupier. RECI notes that the Commission plan to engage with HSA and business representative groups in enforcing certification of controlled works and moving to a wider definition of restricted works in due course. RECI believes that this must be the objective, especially since many of the exclusions concern areas that are accessible to the public and hence pose a heightened risk. For example: o Electrical installation within exhibitions; shows and stands; o Agricultural and horticultural installations; o Public Lighting For example, public lighting installations are highly exposed to the public; and in many cases agricultural installations include a household domestic installation. Page 2 of 7
In addition, installations in potentially explosive atmospheres, and microgeneration and solar panel installations already require that only registered RECs install these. There is therefore no argument for excluding them. For these reasons, RECI believes that Option 1 Broad Definition Approach -is still the correct choice. High Voltage Installations RECI agrees with the Commission s observation that wiring rules are central and intrinsic to the auditing of installations by a safety supervisory body. All non-conformances are assessed by reference to the relevant rule and the record is linked directly to the respective rule or clause number in the wiring rules. ETCI will shortly be consulting on the High Voltage Wiring Rules, based on best international practice per Cenelec and IEC. 3. The Rationale for the Proposed Decision The following reasons are advanced for adopting this position: 1. Regulatory overlap with HSA for all workplaces. 2. The risk is greatest for domestic installations. 3. SSBs can't assess installations as there are no HV Rules 4. Lack of knowledge among the business sector of Controlled Works: RECI wish to comment on these reasons as they could have a bearing on the future approach to safety regulation. Page 3 of 7
Regulatory Overlap The HSA, in their submission have helpfully explained how the regulatory overlap can be managed in order to avoid an undue burden. RECI find this to be convincing. CER has successfully managed a regulatory overlap with the competition Authority in respect of competition in the electricity markets. A requirement cannot be disposed of simply to resolve a potential question over who the enforcing authority should be. Risk RECI would question the idea that retail premises or public lighting lanterns on the public footpath or temporary exhibitions open to thousands of visitors pose a lesser risk than a domestic installation. Indeed many agricultural installations are effectively domestic installations. We would consider this to be the reason that CER plan to advance the scope of restricted works over time. Lack of Knowledge of Controlled Works We agree with the Commission s finding that there is a widespread lack of knowledge of controlled works and that this is the major issue in electrical safety regulation. We welcome the Commission s initiative to consult widely and engage with groupings to convey this information. Allied with a strong publicity campaign to target the same issue among the public, we believe this will be transformative 4. The Points Raised in the Submissions A Potential Impediment to the Commercial Operation of Industrial Plants The reasonable point is made that large industrial plants with in-house electricians are obliged to use competent personnel and would be expected to complete work to the Wiring Rules. It is not desirable to insert unnecessary bureaucracy into commercial businesses. RECI s view would be that the safety of persons requires all works to be completed within the Wiring Rules and that means standard testing of all new circuits once completed. The certificate is merely the paper record of this process. With large industrial concerns Page 4 of 7
constantly expanding their accreditation under quality, safety and environmental standards, a certificate is a useful foundational step for any safety or quality system. Similarly, the existence of standard rules and sign off documents under uniform interpretation are a major asset to construction projects. The predictability and avoiding of surprises greatly outweighs the cost of a certificate. This is apart altogether from the benefit for safety. Accepting this, the question of how registration is handled becomes one of practicality. Practice in our competitor countries should be studied and a streamlined comparable process developed and put into place. The competence of the major industrial companies is not in doubt. However that should not lead to good safety practice being summarily dumped. Likewise, existing regulatory processes should not stand in the way of practicality. They can and should be adapted to suit the circumstances The Traditional Scope of Operation of the SSBs The point has been made that High Voltage works are outside the traditional scope of the SSBs. This is surely a management issue rather than an insurmountable block. It will be up to the SSBs to respond to the requirement and ensure that they have access to inspectors competent in the area and fully versed with the rules, whether by outsourcing or upskilling. RECI is aware of the need to engage with stakeholder concerns and has experience of managing similar transitions. The Regulatory Environment Based on our experience, we endorse the Commission s comments relating to the current potential for non competent personnel operating in the black market to circumvent the safety requirements and the consequential risk posed to the general public. The current proposal is a step forward in this regard, for the domestic sector. Page 5 of 7
Safety and Cost A concern in the submissions received, apart from the profound lack of knowledge of the safety regime among the Industry participants, is the sometimes strikingly narrow focus on avoiding even minor expense whatever the possible consequences. RECI understands the need to ensure that safety supervision is regulated to the best practice in economy and efficiency. However taking this to the extreme brings to mind a Priory Hall syndrome where the minor costs saved by poor workmanship and lack of enforcement of standards leads to a major tragedy, the cost of which is borne and underwritten by the public. Non regulation and soft touch regulation have been tried in Ireland and the price has been high. There is a need to police by registration and inspection the activities of contractors and builders. 5. Outline Proposals for Improved Compliance: There are practical measures that can be implemented to improve compliance with controlled works and public safety. Two are listed below. Customer /Industry Awareness Notwithstanding the launch of the Safe Electric scheme, customer awareness has some way to go before customers expect and request a completion certificate for electrical works. A sustained publicity campaign, in line with the approach to Gas Safety will achieve this. From the submissions received it is clear that awareness in the Electrical Industry itself is very poor. To achieve success, CER must use the launch of Restricted Works as a vehicle to address this major deficit and implement an awareness campaign as effective as that in the RGI scheme. Linkage with other Certification Schemes Certification schemes exist to enforce compliance with (non-electrical) standards in respect of equipment that requires an electrical circuit: A streamlined approach is required to facilitate certification of compliance with safety as well as other technical requirements. Page 6 of 7
6. RECI RESPONSE TO CER s Question/Proposals. In response to the questions posed by the Commission s consultation, RECI would respond as follows: Question/Proposal Yes No Comments Q1. Do you agree with the CER's proposed scope for restricting electrical works within a domestic setting (as outlined in Section 4 ) assuming the CER may in time extend the scope of restricted electrical works to cover certain electrical work in a commercial setting? No RECI believes that Option 1 remains the optimal one. We note that the Commission aspires to the expansion of the designation of restricted works over time, following communication and consultation. The proposed decision will nonetheless greatly contribute to the safety of domestic installations. Q2. Do you agree with the definition of a Domestic property as outlined in Appendix One? * Yes The definition appears unusual but it is sensible to tie in with the building regulations. On the basis that this is the standard definition in the Regulations and is comprehensive, RECI would agree with the definition. Page 7 of 7