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This does not mean mere generalists either in terms of H&S or electricity but instead specializes in terms of identifying and interpreting legal requirements relating to electricity at work, and electrical hazard identification and risk assessment, and in particular in relation to arc flash/arc blast hazards.A word of caution, the ‘unforeseen’ must not be mistaken for ‘unforeseeable’.If a workplace accident was unforeseen but foreseeable, then the employer will have been in breach of his statutory duty.Nonetheless, precautions must be taken with such equipment and installations so as to prevent danger.Regulation 76 imposes the duty on every employer to ensure that all electrical equipment and installations are designed, constructed, installed, maintained, protected and used so as to prevent danger, while the remaining Regulations are more specific towards this end.And so, this exercise should only ever be undertaken by competent persons.
Indeed, the Safety, Health, and Welfare at Work Act 2005 impose the duty on every employer to obtain, where necessary, the services of a competent person.It should not be mistaken for ‘reasonably convenient’.While some allowances may be made for the unusual, unforeseeable and exceptional nature of any circumstance or occurrence which may result in an accident or injury at work, it would appear that only the unforeseeable might be relied upon as a defense in all circumstances.In the context of the Regulations, ‘danger’ means risk of personal injury from electric shock, burn, arcing, fire, explosion, and mechanical movement of electrically driven equipment, while preventing danger is qualified by ‘so far as reasonably practicable’. ‘Reasonably practicable’ is defined in the Safety, Health and Welfare at Work Act 2005, but not in absolute terms.The definition provided is virtually universally applicable, and so requires interpretation in the context of every hazardous situation in the workplace.Pat is a graduate of Dundalk IT (BSc Quality Management) and DCU (MBS H&S).