The Occupational Health & Safety Act 2000 and Occupational Health & Safety Regulation 2001 employers have legal requirements in regards to providing a safe working environment for their employees. These legal requirements include the testing and tagging of portable appliances within the workplace. Under the duty of care obligations for Occupational Health & Safety in the work place all electrical equipment of the plug in type is to be assessed for risk periodically.

The specific clauses of the OH&S Regulation 2006 that relate to testing and tagging are as follows:

(1)  An employer must ensure that any risk of injury from electricity at a place of work is eliminated or, if elimination is not reasonably practicable, the risk is controlled. 

        (2)  An employer must ensure that:

(a)  Electrical installations at places of work

all electrical installations at a place of work are inspected and tested, after they are installed and prior to their energising for normal use, by a competent person to ensure they are safe for use, and

(a1) all electrical installations at a place of work are maintained by a competent person to ensure they remain safe for use, and

(a2) Electrical articles used in construction work

all electrical articles that are used in construction work are regularly inspected, tested and maintained by a competent person to ensure they are safe for use if the articles are supplied with electricity through an electrical outlet socket, and

(a3) Electrical articles that may be affected by hostile environment

all electrical articles that are supplied with electricity through an electrical outlet socket that are at a place of work where the safe operation of the electrical article could be affected by a hostile operating environment are regularly inspected, tested and maintained by a competent person to ensure they are safe for use, and 

(a4) Electrical installations and articles found to be unsafe

all electrical installations and electrical articles at a place of work that are found to be unsafe are disconnected from the electricity supply and are repaired, replaced or permanently removed from use, and 

        (3) In this clause, hostile operating environment means an operating environment at a place of work where an electrical article is in its normal use subjected to operating conditions that are likely to result in damage to the article, and, for example, includes an operating environment that may:

(a) cause mechanical damage to the article, or

(b) expose the article to moisture, heat, vibration, corrosive substances or dust that is likely to result in damage to the article.

Maximum Penalty: Level 4. 

(1) An employer must ensure that a record is made and kept of all inspections and tests made and maintenance carried out on electrical articles required by this Part.

(2) In particular, the following information is to be recorded:

(a) the name of the person who made the inspection or carried out the test or maintenance,

(b) the date on which, or dates over which, the inspection was made or the test or maintenance was carried out,

(c) the result or outcome of the inspection, test or maintenance,

(d) the date by which the next inspection and test must be carried out.

Maximum Penalty: Level 2.