Supervision of Apprentices – Frequently Asked Questions
Adequate supervision of apprentices is crucial to ensuring that employees on site are safe and that the Electricity (Licensing) Regulations 1991 (WA) are being complied with. Experienced electricians are required to exercise a degree of judgement when determining the level of supervision an apprentice requires for a given task. We have compiled the following series of frequent questions regarding the supervision of apprentices. Should you have a specific situation you would like assistance with, please reach out to us using the contact information below.
How many apprentices can one fully qualified electrical worker supervise?
The supervising electrical worker may not supervise the work of more than 4 electrical workers who require supervision (this could include a combination of apprentices and provisional license holders). Should at least one of the supervised workers require direct supervision then the supervising electrical worker must not supervise more than 2 electrical workers who require supervision in this circumstance.
What are the levels of supervision?
- Broad supervision
This requires the supervising electrical worker to visit the site of work at least once per day, provide direction and instruction prior to the work being carried out and be available for guidance and to check work throughout the time it is being carried out. The supervising electrical worker is also required to check and test the complete work to ensure it complies with the Regulations. - General supervision
The supervising electrical worker must be present at the location where the work is carried out, at all times. They are expected to provide direction and instruction, be able to provide advice and monitor the work. Further, they must periodically check all work complies with the Regulations and is carried out to a trade finish as well as checking all work once completed for compliance. - Direct supervision
This is the most intensive level of supervision, requiring the supervising electrical worker to be present in the immediate work area and able to view the work being performed at all times as far as is practicable. Where work is carried out on or near energized parts of an installation, the supervising electrical worker must be in close proximity to the supervised electrical worker. Their role includes provision of instructions and demonstration on how to complete the work, monitoring of all work, guidance and checking of work for compliance with the Regulations both throughout the work and once completed.
How do I know what level of supervision is required?
The Regulations require ‘effective supervision’ and that an appropriate level of supervision is provided when considering the type of work being carried out, the location, the experience of the worker being supervised and the proximity of live installations to the work.
There is not a strict rule requiring particular levels of supervision for each year of an apprenticeship, because apprentices progress and their own rate and their skill and competence is of more relevance than the year of their apprenticeship. As a general guide, the more junior the apprentice is the more intense the level of supervision should be provided.
My apprentices know what they are doing, do I really need to send someone on site to check on them?
Yes, even where the apprentice(s) are experienced or near completion, broad supervision requires that the supervising electrical worker attend site at least once per day. If no supervisor attends site this would be considered ineffective and insufficient supervision and would be in breach of the Regulations.
What happens if I do not supervise the apprentices sufficiently?
Failure to provide adequate supervision for an apprentice can be a breach of the Regulations. Breaches of the Regulations may be prosecuted by the Director of Energy Safety. The maximum penalty for an individual who breaches the Regulations is $50,000 while the maximum penalty for a Company is $250,000. Supervision requirements are taken very seriously by the Director due to the significant safety risk for both apprentices and others caused by ineffectively supervising apprentices.
I’m an apprentice, I’m worried I am not getting enough supervision. What can I do?
The Regulations permit an apprentice to refuse to follow a direction to carry out electrical work if they believe that due to the level of supervision provided and their own experience and competence, that doing this work would be unsafe for themselves or others.
Ordinarily, employees are required to follow all lawful and reasonable directions of their employers and failing to do so can be considered serious misconduct. In the circumstances where an apprentice has refused to do electrical work because they consider it unsafe for them to do so given their experience and the supervision available, the Regulations make this refusal lawful and provide protection against their actions being considered serious misconduct.
Takeaway for members
Electrical contractors taking on apprentices should take their supervision requirements seriously and ensure that they have sufficient supervising electrical workers to effectively supervise all apprentices and other workers requiring supervision. Supervision should not be taken lightly due to the potential for serious safety hazards and prosecution for breach of the Regulations. If you are unsure what your obligations are in a particular situation, give us at ECA Legal a call to receive advice on your circumstances.
Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegalwa@ecawa.org.au
