Malaysia legislation
Section 33
Section 33
(2)
The Commission shall, as soon as practicable upon receipt of the first report direct an authorized officer to—
(a)
visit the place where the accident or fire occurred;
(b)
make a preliminary investigation of the circumstances;
(c)
record in writing his findings which may be supported by relevant photographs, upon the investigation;
(d)
be provided with photographs, medical reports or other relevant documents from any person or authority without any payment of fees and such person or authority shall comply with such request thereof;
(e)
forward his report to the Chief Executive Officer; and
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(f)
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 his finding to the nearest magistrate.
(3)
In the event of loss of life or grievous hurt to any person due to any accident or fire in connection with any installation or electrical plant or equipment, no alteration or addition shall, without the consent of the Commission, be made to any part of the installation, plant or equipment which may have contributed to cause the accident or fire nor shall any alteration be made, without that consent, to the site of the accident or fire until the authorized officer has completed his investigation:
Provided that nothing herein contained shall operate to interfere with rescue work or work necessary for the general safety of life or property.
(4)
If upon a preliminary investigation under subsection (2)
it appears to the authorized officer making the investigation that there is reason to believe that the accident or fire was due to any failure to comply with this Act or any lawful order given by the Commission, or if the authorized officer making such investigation is satisfied that the accident or fire might have been prevented if proper precautions had been taken and observed in the working of any installation or electrical plant or equipment, the Commission may further investigate the circumstances of the accident or fire together with the authorized officer making the preliminary investigation and if in the opinion of the Commission that criminal proceedings should lie against any person, then the
Commission shall forward to the Public Prosecutor a copy of the authorized officer’s report with the opinion of the Commission on the circumstances and findings.
(5)
Any person concerned in any investigation held under this section may be entitled, upon payment of the prescribed fees, to receive a copy of the report, opinion and statement of the
Commission in the course of its investigations.
(6)
Any person who, without lawful excuse, contravenes or fails to comply with subsections (1) and (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.
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Part VIIa
SAFETY OF INSTALLATION AND EQUIPMENT
Responsibilities of licensee for safety 33a. (1) A licensee who operates and maintains any electricity supply infrastructure shall comply with any regulations made under this Act, the electrical infrastructure safety code, or in the absence of such regulations or code, with standards and prudent utility practices as may be determined by the Commission.
(2)
A licensee shall prepare a safety management plan dealing with matters as may be prescribed in the electrical infrastructure safety code or in the absence of such code, with standards and prudent utility practices as may be determined by the Commission.
(3)
Any licensee who fails to prepare a safety management plan referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Responsibilities of non-domestic electrical installation owner or operator, licensee for retail and licensee for a private installation for safety 33b. (1) A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation shall comply with the non-domestic electrical installation safety code and the safety management programme, or in the absence of such code or programme, with standards and prudent industry practices as may be determined by the
Commission.
(2)
A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation shall prepare a safety management programme within such time as may be directed by the Commission.
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(3)
The safety management programme referred to in subsection (2) shall provide for matters as may be prescribed in the non-domestic electrical installation safety code, or in the absence of such code, with standards and prudent industry practices as may be determined by the Commission.
(4)
A non-domestic electrical installation owner or operator registered under this Act, licensee for retail and licensee for a private installation who fails to prepare the safety management programme referred to in subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Undertaking electrical work 33c. (1) A competent person or a person under the control of a competent person who undertakes to carry out electrical work shall ensure that such electrical work complies with any regulations made under this Act, the electrical infrastructure safety code or non-domestic electrical installation safety code, as the case may be, or in the absence of such regulations or codes, with standards and prudent industry practices as may be determined by the
Commission.
(2)
The person undertaking electrical work under subsection (1)
shall ensure that such work shall not cause electricity related injury to any person or damage to any property.
Responsibilities relating to non-electrical work 33d. (1) Any person who undertakes any construction, building, renovation or work other than electrical work in the vicinity of electrical installation shall ensure that the work shall not cause interference with the supply of electricity or electricity related injury to any person or damage to any property.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.
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Compliance inspection 33e. (1) The Commission may, inspect or cause to be inspected an electricity supply infrastructure, non-domestic electrical installation or the place of business or any activities of a registered manufacturer or importer or of a registered conformity assessment body or a registered training and examination center or institution to ensure the licensee, licensee for retail and licensee for a private installation, non-domestic electrical installation owner or operator, registered manufacturer or importer, registered conformity assessment body or registered training and examination center or institution, as the case may be, is in compliance with this Act, any regulations made under this Act, guidelines, codes or directions issued by the Commission under this Act, the safety management plan and safety management programme, as the case may be.
(2)
The Commission may inspect or cause to be inspected any equipment in any premises, building, facility including temporary facility and vehicle that is used for the sale or offer for sale by way of retail to ascertain if such equipment conforms to the standards as may be determined by the Commission.
Interpretation 33f. For the purposes of this Part—
“electrical infrastructure safety code” means a code developed, issued and registered by the Commission under section 50a on safety requirements, appropriate safety and technical standards, operation, maintenance and protection of the electrical system and other related matters for electricity supply infrastructure;
“non-domestic electrical installation safety code” means a code developed, issued and registered by the Commission under section 50a on safety requirements, appropriate safety and technical standards, operation, maintenance and protection of the electrical system and other related matters for non-domestic electrical installation;
“safety management plan” means the safety, reliability, maintenance and technical management plan in respect of electricity supply infrastructure;
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“licensee” does not include licensee for retail and a licensee for a private installation;
“non-domestic electrical installation owner or operator” means a person who owns, uses, works or operates a non-domestic electrical installation;
“non-domestic electrical installation” means a set of wires and associated fittings, equipment and accessories that is installed in a place for the conveyance, control or use of electricity that is, or is to be, or has been, supplied for consumption in the place, but does not include—
(a)
any electricity supply infrastructure owned or operated by a licensee;
(b)
any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates, other than any such outlet used to connect sections of fixed wiring; or
(c)
private dwelling premises;
“safety management programme” means the safety, reliability, maintenance and technical management programme in respect of non-domestic electrical installation.