1. Understanding the Occupational Health and Safety Act, Electrical Installation Regulations and the Owner’s Responsibilities
Electrical safety is a critical aspect of any building or facility, and understanding the legal framework surrounding it is essential. In South Africa, the Occupational Health and Safety Act, Act 85 of 1993 (OHS Act) and the Electrical Installation Regulations, R242 of 6 March 2009 (EIR) set clear guidelines for ensuring compliance and safety in electrical installations and sets out the responsibilities of property owners.
The OHS Act and Electrical Installation Regulations (EIR)
The OHS Act is designed to safeguard workers and the public by enforcing safety standards across various industries, including electrical installations. Under this act, the EIR specifically governs the installation, operation, and maintenance of electrical systems to prevent hazards such as electrical shocks, fires, and equipment failures.
The OHS Act makes certain standards, such as SANS 10142-1 (the Wiring Code) compulsory. This means that all electrical installations must strictly adhere to these regulations to ensure safety and compliance. Additionally, only registered electrical contractors are legally permitted to work on electrical installations, ensuring that only qualified professionals handle these critical tasks.
Responsibilities of the Owner
One of the key aspects of the EIR is the responsibility it places on property owners. Some of their primary obligations include:
- Ensuring Compliance – The owner must ensure that all electrical installations comply with SANS 10142-1 and are maintained in a safe condition.
- Appointment of a Competent Person – If electrical work is required, only a registered electrical contractor should be hired to carry out the electrical work. There are three types of registered persons in the electrical industry:
- Electrical Tester for Single Phase – means a person who has been registered as an electrical tester for single phase in terms of regulation 11 (2) for the verification and certification of the construction, testing and inspection of electrical installations supplied by a single-phase electricity supply at the point of control, excluding specialized electrical installations.
- Installation Electrician – means a person who has been registered as an installation electrician in terms of regulation 11 (2) for the verification and certification of the construction, testing and inspection of any electrical installation, excluding specialized electrical installations.
- Master Installation Electrician – means a person who has been registered as a master installation electrician in terms of regulation 11 (2) for the verification and certification of the construction, testing and inspection of any electrical installation.
- Certificate of Compliance (CoC) – Owners must obtain and be in possession of a valid Certificate of Compliance (CoC) for any new or existing installation, modification, or repair. This certificate confirms that the installation meets safety standards and is legally required when selling a property or making any electrical changes. Without a valid CoC, the owner may face legal consequences and potential insurance claim rejections in the event of an incident.
- Regular Inspections and Maintenance – To prevent electrical hazards, owners should conduct periodic inspections and maintenance of their electrical systems.
- Legal Accountability – Failure to comply with the EIR can result in penalties, legal action, or even endanger lives. Owners must be proactive in ensuring electrical safety.
Conclusion
Good Electrical Installation
Understanding and adhering to the OHS Act and EIR is not just a legal requirement but a crucial step in ensuring the safety of people and property. As professionals in the electrical industry, it is our duty to educate clients and stakeholders on their responsibilities and the importance of compliance.
Let’s work together to create safer environments by prioritizing electrical safety and regulatory compliance.
