National Infinity Electrical Cable Recall

What should contractors do - by NECA Legal

The context

The implications of this recall are enormous, and the recall costs alone will run into millions of dollars. 

If you, as a contractor, have installed Infinity-branded electrical cable in a house, school or commercial  building and it subsequently burns down as a result, the ramifications could be crippling to your business and you may even face criminal proceedings if there are fatalities. 

We therefore urge you to take this matter very seriously.

Infinity Cable Co Ltd Pty

Proceedings have commenced in the Supreme Court of New South Wales by NSW Fair Trading against the former director of Infinity Cable Co Pty Ltd for selling cables in breach of the Electricity (Consumer Safety) Act 2004 and we understand that the next Court date is 20 November 2014.

The ACCC’s advice to the Public

“If an electrician supplied and installed Infinity cables in your home, and that cable was sourced from one of the cable suppliers undertaking a safety recall, then you are entitled to ask the electrician and the supplier to fix the safety problem under the recall.”

A contactor should:

1. Alert all customers where Infinity cable has been laid.
2. Advise your supplier of the details of where the cable was laid (in writing).
3. If you are unsure whether or not you have installed Infinity cable, you should return to all premises that may be affected to check if you have installed Infinity cables (at your own cost).
4. If Infinity cable has been installed, inform your supplier.
5. If the supplier has been placed into liquidation contact NECA as soon as possible as you may need to protect your rights.
6. Similarly if you purchased direct from Infinity you should consult NECA for advice.

Who does the work?

The supplier arranges the remedial work and may choose to use another contractor.

If the supplier requests that you undertake the work, you should negotiate a contract with the supplier in the same way that you would any of your usual customers.

How can I check what cable I have been using?

Some of the larger distributers such as Masters do record what cable they have supplied at the bottom of your Invoices (from Masters) as the invoice will be endorsed if the Infinity cabling was used. Other smaller supplier invoices are unlikely to provide you with the same level of detail. So you will have to check the work you have done.

Why should you bother to check?

If you don’t check and the Infinity cable you installed later malfunctions causing damage and/or death it is highly unlikely that your Insurance will cover you and your business and you may become liable for the damage. Further, there may be criminal sanctions imposed on you personally.

If you check and report the Infinity cable to your supplier you may pass on liability to your supplier who is then obliged to have to Infinity cable replaced or have an appropriate electrical safety switch (residual current device) installed at the suppliers cost.

NOTE: YOUR INSURERS WILL NOT COVER YOU IF YOU HAVE NOT CHECKED THE INSTALLTION AND DAMAGE IS LATER CAUSED AS A RESULT OF THE NON-COMPLIANT CABLE.

What is required in this recall?

This safety recall is to remedy all installed Infinity cable supplied by the listed cable suppliers as follows:

1. The removal and replacement of all Infinity cable installed in PROXIMITY to HEAT SOURCES including but not limited to recessed lighting, heaters, ovens, stoves, hot water systems, spas, in-floor heating, airconditioners, gas appliances, flues and chimneys, wood heaters and oil heaters.
2. The removal and replacement of all cable installed in AREAS THAT ARE ACCESSIBLE to building owners, tradespeople or the public, unless the cable is laid in an appropriate cable conduit or other suitable mechanical protection. "Accessible areas" explicitly include all accessible roof spaces and accessible spaces under floors. An "appropriate cable conduit or other suitable mechanical protection" is electrically non-conductive, flame retardant (or self-extinguishing) and with appropriate ingress protection (IP) rating that prevents access to the cable inside.
3. Any Infinity cable left installed in appropriate cable conduit or INACCESSIBLE wall, floor or ceiling spaces or embedded into a masonry wall surface must have an appropriate electrical safety switch (residual current device) installed and tested on that cable, if such a device is not already installed and tested.
4. Any premises with Infinity cable left installed must have an appropriate WARNING STICKER affixed to the relevant electrical metering/switch box alerting building owners and tradespeople to the presence of inaccessible Infinity sourced cable.

Time in which you are required to check for and report the installation of Infinity cable

As you know cables age at different rates. The ACCC has advised that some cables will become brittle from about 2016 onwards and some estimates are that the cable has a life span of approximately five years under heat. Accordingly, you should act sooner rather than later.

You should assess your OLDEST WORK or HIGHEST RISK WORKS FIRST, attend to these then move on to check the rest. You should aim at completing a full assessment of your work within a period of six months to one year.

Protect yourself in the future

For future business practices NECA recommends:

• Only buy from a reputable wholesaler who specialises in supplying electrical products.
• Ensure that any supplier you deal with has Recall Insurance.

Distributors who sold this cable?

For more information on who supplied this cable please refer to the ACCC documents.

Future updates and information

NECA has created a special landing page on the NECA National Website www.neca.asn.au

This will be updated and made available as further information comes to hand.

Please contact your local NECA Chapter Office if you require any additional help or advice.