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Guide to the Electrical Equipment Safety System (EESS) and the Regulatory Compliance Mark (RCM)

Like all regulatory compliance regimes, the EESS has both an administrative part and a technical part. The EESS is also based on the current arrangements, modifying and adding to them. If you are a retailer, supplier, manufacturer or importer, you must understand and apply the EESS when necessary.

Responsibility for the EESS rests with the Electrical Regulatory Authorities Council (ERAC), which is responsible for electrical safety in Australia and New Zealand. ERAC has introduced model legislation which has been implemented in the relevant legislation of the states and territories of Australia and New Zealand. The objective of the EESS is to create a harmonized legislative environment for the safety of electrical equipment.

The EESS is based on:

Harmonized electrical safety legislation;

Uniform Equipment Safety Rules;

Australian and New Zealand standards;

international standards.

Who must comply?

Responsible suppliers must comply. Definition of “responsible supplier”:

A person who manufactures the electrical equipment or imports the equipment into Australia; Prayed

if New Zealand is a participating jurisdiction, a person who manufactures the equipment or imports the electrical equipment into New Zealand.

What equipment must comply?

Equipment within range must comply. The meaning of within scope:

It is low voltage electrical equipment designed or marketed as suitable for domestic, personal or similar use.

It is irrelevant whether the low voltage equipment is also designed or marketed for use for commercial or industrial purposes.

Note: Low voltage electrical equipment that has a rating of:

More than 50 V AC RMS or 120 V DC without ripple (very low voltage) and

Less than 1000 V AC RMS or 1500 V DC without ripple (high voltage)

What about electrical equipment that is not “in range”?

Electrical equipment that is not included in the scope (for example, a commercial oven in a bakery) must still be electrically safe. The designer, manufacturer or importer is required to ensure that the product is tested and examined to ensure that it is electrically safe, which is generally demonstrated by compliance with the safety criteria of AS/NZS 3820 Essential Safety Requirements for Electrical Equipment.

The Occupational Health and Safety regulations issued by each state and territory and the Electrical Installation Safety Regulations of each state and territory also apply. Guidance is provided in the codes of practice that support the legislation. Relevant Australian standards include AS60204.1: Safety of Machinery – Electrical Equipment of Machines.

So, does the EESS apply to commercial and industrial electrical equipment designed or marketed exclusively for these environments? No. Does electrical safety legislation and other laws, regulations and codes of practice apply to the equipment? Yes.

In general, Australia is a highly regulated environment and suppliers to the Australian market must educate themselves on applicable laws and standards or risk fines and product recalls..

The levels

The electrical equipment included in the scope is classified in one of the three levels of the EESS based on a risk assessment carried out by ERAC.

Level 1

Equipment classified as Tier 1 is potentially low risk.

Before Tier 1 equipment can be offered for sale, Responsible Vendors must:

Make sure the equipment is electrically safe and complies with relevant standards. Please note that reports and technical information other than Australian and New Zealand standards may be used to demonstrate compliance with applicable standards.

Mark the equipment with the applicable compliance mark. This is the Regulatory Compliance Mark (RCM).

Tier 1 equipment is not registered in the National Database, but Responsible Vendors of Tier 1 equipment must register in the database. So not the equipment itself, but the fact that you are a supplier of electrical equipment.

Level 2

Level 2 electrical equipment is classified as a potential medium risk level.

Before Tier 2 equipment can be offered for sale, responsible vendors must:

Register the item of electrical equipment in the National Database and link it to a registered Responsible Supplier

Compile and maintain or have access to a Compliance Folder. The Compliance Folder contains reports and information that demonstrate that the equipment complies with applicable regulations and standards. Please note that reports and technical information other than Australian and New Zealand standards may be used to demonstrate compliance with applicable standards. The Compliance Folder must be uploaded to the National Database or the address where the Compliance Folder is kept must be registered in the National Database.

Mark the equipment with the applicable compliance mark. This is the Regulatory Compliance Mark (RCM).

Level 3

Level 3 electrical equipment is classified as potentially high risk.

Before Tier 3 equipment can be offered for sale, Responsible Vendors must:

Register the item of electrical equipment in the National Database and link it to a registered Responsible Supplier

Have a valid and current Certificate of Conformity from a recognized certifier; Y,

Mark the equipment with the applicable compliance mark. This is the Regulatory Compliance Mark (RCM).

Please note that IEC reports or similar standards can be used to demonstrate compliance with applicable standards to satisfy EESS requirements.. Using these reports, additional technical justification can be used to demonstrate compliance with applicable Australian standards.

Applicable standards

For AS/NZS 3820 level 1 equipment (essential safety requirements for electrical equipment apply). This standard and the applicable Australian and New Zealand standard (AS/NZS) apply. If there is no AS/NZS standard, the applicable International Electrotechnical Commission (IEC) standard applies with AS/NZS 3820. If there is no applicable AS/NZS or IEC standard, AS/NZS 3820 applies alone.

For Tier 2 or 3 equipment, the relevant standard shown in AS/NZS 4417 (Marking of electrical products to indicate compliance with regulations) or the standard accepted by a regulatory authority as an applicable standard applies easily to that type of equipment.

Please note that equipment tested to other standards, most commonly IEC standards, may be supplemented by additional testing and the equipment meets the applicable AS/NZS standard, including AS/NZS 3820, AS/NZS 4417 or the standard accepted by a Regulatory Authority (Australian state or territory or New Zealand government agency).

The Compliance Folder

The Compliance Folder contains all supporting documentation confirming that the equipment meets all relevant standards. Reports in the Compliance Folder must be completed by an approved testing entity or suitably qualified person.

the national database

ERAC has established a national database for the supply of electrical equipment within scope to Australia and New Zealand.

The database records:

the data of Responsible Suppliers

Supplier Declarations made by Responsible Suppliers

the team details of all tier 2 and tier 3 teams

the certification details of the level 3 equipment

All Responsible Suppliers must be registered in the database, as well as register the level 2 and level 3 equipment they supply.

The supplier’s declaration is a generic statement made by all responsible suppliers that all electrical equipment they supply is electrically safe and will continue to comply with the relevant standards and the EESS.

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