Got a buzz from a water pipe......
- Thread starter Ookysoft
- Start date
Everything after the meter is the responsibility of the householder.
Absolutely.
Simply remove every last scrap of cable, junction box, choc-block and accessories and start with a clean sheet.
Their duty of care extends to things they are responsible for. It cannot cover things which are nothing to do with them.
In this case, I beg to differ.
If, in the experience of the Connector of this meter to this ELCB, they considered it to be useless in this environment, based upon their professional opinion or not, then it could be reasonably assumed that if connected to the mains supply, the user of the property/equipment is unprotected against minimum risk.
So the person making that connection to the mains electricity is in a position to 'reasonably forsee harm' and they become liable under the Duty of Care laws.
Let's say I'm doing a spot of plumbing and I discover there's a voltage across the pipes. Now I'm not responsible for electrics so, as not my responsibility, I say nothing to the householder. However I can clearly 'forsee harm' and so have a Duty of Care to inform the householder and recommend that the mains be immediately isolated until the source can be investigated. I should note this on my paperwork and have it signed off as advice, in order to cover my ass!
Duty of care to the 3rd [ and subsequent ] parties is the basis of negligence.
As a plumber, I'm supposed to test a whole central heating system, if I swap out 1 valve. The rest of the system I never touched [is not my responsibility...] but I'm supposed to pressure test it - so I was taught. Of course, 99.9% of plumbers will only test the swapped-out bit and it's immediate surrounds & go on their way!
If, in the experience of the Connector of this meter to this ELCB, they considered it to be useless in this environment, based upon their professional opinion or not, then it could be reasonably assumed that if connected to the mains supply, the user of the property/equipment is unprotected against minimum risk.
So the person making that connection to the mains electricity is in a position to 'reasonably forsee harm' and they become liable under the Duty of Care laws.
Let's say I'm doing a spot of plumbing and I discover there's a voltage across the pipes. Now I'm not responsible for electrics so, as not my responsibility, I say nothing to the householder. However I can clearly 'forsee harm' and so have a Duty of Care to inform the householder and recommend that the mains be immediately isolated until the source can be investigated. I should note this on my paperwork and have it signed off as advice, in order to cover my ass!
Duty of care to the 3rd [ and subsequent ] parties is the basis of negligence.
As a plumber, I'm supposed to test a whole central heating system, if I swap out 1 valve. The rest of the system I never touched [is not my responsibility...] but I'm supposed to pressure test it - so I was taught. Of course, 99.9% of plumbers will only test the swapped-out bit and it's immediate surrounds & go on their way!
Useless as what?
As an isolator, which may be all it's used for?
There is a CU with an RCD, for all they know the Wylex circuits don't need one.
They don't employ people either as meter readers or meter changers who have the expertise to decide if a customer's installation is safe or not. Maybe if they see a smashed or burned CU, exposed live parts etc, but nothing which requires any skills or knowledge beyond everyday common sense.
Also don't forget that for 5 years people have been legally obliged to ensure that any work they do on their installations is safe....
That old voltage ELCB will work just fine if the installation remains as it was installed. That means that all and any voltages heading down the earth conductor (to the electrode) go through the ELCB.
Unfortunately, the installation has been modified with more recent additions, like main earth bonding, etc. This means that any earth faults do not go via the ELCB.
The modifications are on the consumer's wiring. Therefore the duty of care stands with whoever altered the earthing arrangements without understanding the impact on the ELCB device.
It is not the responsibility of the DNO or their employees.
Unfortunately, the installation has been modified with more recent additions, like main earth bonding, etc. This means that any earth faults do not go via the ELCB.
The modifications are on the consumer's wiring. Therefore the duty of care stands with whoever altered the earthing arrangements without understanding the impact on the ELCB device.
It is not the responsibility of the DNO or their employees.
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