Last Updated: 1 August 2017

[ELE 46] Serious accidents to be reported46 

46
(1) Whenever any accident causing or resulting in loss of life or hurt to any person or serious injury to property has occurred in connection with any installation or electrical plant or apparatus, the owner or licensee thereof and the management thereof must report the accident to an inspector by the quickest means available, and subsequently with the least possible delay must report in writing to an inspector the facts of the matter so far as they are known, and the inspector must, as soon as practicable after receipt of the first report—
  • (a)visit the place where the accident occurred;
  • (b)make a preliminary investigation of the circumstances;
  • (c)record in writing the inspector’s findings upon such investigation;
  • (d)forward the inspector’s report to the Chief Inspector; and
  • (e)if there has been any loss of life or there is reason to believe that any person has been fatally injured, send a copy of the inspector’s findings to the nearest Magistrate.
(2) In the event of loss of life or grievous hurt to any person due to any accident in connection with any installation or electrical plant or apparatus, no alteration or addition will without the consent of an inspector be made to any part of such installation, plant or apparatus which may have contributed to cause such accident nor will any alteration be made, without such consent, to the site of the accident until an inspector has completed an investigation, provided that nothing herein contained will operate to interfere with rescue work or work necessary for the general safety of life or property.
(3) If, upon a preliminary investigation under the provisions of subsection (1), it appears to the officer making such investigation that there is reason to believe that the accident was due to any failure to comply with this Act or of the regulations made thereunder or to neglect of any lawful order given by an inspector, or if the officer making such investigation is satisfied that the accident might have been prevented if proper precautions had been taken and observed in the working of any installation or electrical plant or apparatus, the Chief Inspector must further investigate the circumstances of the accident together with the inspector and report the matter to the Regulator and give the Chief Inspector’s opinion thereon, and if the Regulator is of the opinion that criminal proceedings will lie against any person, the Regulator must forward to the Director of Public Prosecutions a copy of the inspector’s report together with the Regulator’s opinion on the circumstances and findings.
(4) Any person concerned in any investigation held under the provisions of this section will be entitled, upon payment of the prescribed fees, to receive a copy of the report of the inspector, of the opinion of the Chief Inspector, and of statements, if any, taken in evidence by the inspector or Chief Inspector, as the case may be.
(5) Any person who, without lawful excuse, contravenes or fails to comply with subsection (1) or (2) commits an offence and is liable upon conviction to a fine prescribed by regulations or to a term of imprisonment prescribed by regulations, or both.