By Mark Palmer, Gauteng Electrical Inspection Authority

SINCE the implementation of the Electrical Installation Regulations (EIR) (2009), a number of changes with regards to the operations of AIAs have been under discussion between the current AIAs and the Department of Labour.
The Workshop in February (as previously published) has led to further refinements in the utilisation of the services of AIAs by the general public and the Department of Labour (DoL).
Important changes in the activities of AIAs, with particular reference to the EIR (2009) are:

Electrical Installation Regulation 7 (2009) - Certificate of Compliance (CoC)

The provisions of this Regulation provide for the requirements of a CoC, the issue of a CoC, transferability of a CoC and, more specifically, the policing of a CoC by the DoL, AIAs or Supply Authority.
Sub Clause 7 comprises of a few sections, which I will deal with separately, and I will deal specifically insofar as AIAs are concerned:

Section 1

If an inspector, an approved inspection authority for electrical installations or supplier has carried out an inspection or test and has detected any fault or defect in any electrical installation, that inspector, approved inspection authority for electrical installations or supplier may require the user or lessor of that electrical installation to obtain a new certificate of compliance.
The authority of the AIA is clear in this regard and the notice issued by the AIA for a user to obtain a new CoC is legally enforceable. The requirement to obtain the new CoC automatically invalidates any current CoC in the possession of the user, and as a result will mean that depending on the age of the CoC, and the circumstances under which the CoC was obtained, the user may institute legal recourse against the person from whom the CoC was obtained.

Section 2

...Provided that if such fault or defect in the opinion of the inspector, approved inspection authority for electrical installations or supplier constitutes an immediate danger to persons, that inspector, approved inspection authority for electrical installations or supplier shall forthwith take steps to have the supply to the circuit in which the fault or defect was detected, disconnected.
This section places a responsibility on an AIA to take all reasonable steps to disconnect dangerous circuits and, again, would also lead to the issue of a notice to the user to repair the faults and defects and obtain a new CoC.

Section 3

Provided further that where such fault or defect is of such a nature that it may indicate negligence on the part of a registered person, the inspector, approved inspection authority for electrical installations or supplier shall forthwith report those circumstances in writing to the chief inspector.
I must stress the implications of the above section of the regulations to Registered Persons. The responsibility of an AIA in terms of invalidating a CoC issued by a Registered Person would certainly indicate negligence on the part of the Registered Person and the fact that the matter is now reported directly to the chief inspector will mean that the chief inspector may suspend, withdraw or cancel the registration certificate of such person.

AIA Processes and Cost

The implementation of new processes has meant that the following has changed with immediate effect:

• The DoL no longer subsidises any inspections performed on behalf of a user by an AIA, and as such the AIA will charge the user directly for any services rendered. 
• As previously was the case, where Registered Persons re-inspected installations where investigations were conducted by an AIA, and the AIA conducted a re-inspection to determine compliance of the installation, such re-inspections are no longer subsidised by DoL. Again, the Registered Person would be responsible for any inspection fees by an AIA in order that a report could be sent to the chief inspector to withdraw a matter reported to him relating to the negligence of the Registered Person. 
• The responsibility for compliance by Registered Persons is no longer enforced by AIAs, and, as indicated above, such matters are only investigated by an AIA and reported directly to the chief inspector for enforcement of regulations. In terms of resolving a matter of this nature prior to suspension, withdrawal or cancellation of a registration certificate will, however, require that the Registered Person deal directly with an AIA in order for the required notification to be sent to the chief inspector. 
• The AIAs in many cases, no longer perform full inspections as in the past, and a validation inspection is only performed to collect sufficient evidence to invalidate a CoC. Such report would only then constitute detected faults and defects relating to the validation inspection and the responsibility to identify all faults and defects rests with the Registered Person.

Current Department of Labour cases

AIAs are also currently closing all matters involving invalid CoCs being investigated by an AIA, and these matters are being reported to the chief inspector irrespective of the investigation stage with the AIA. As such, all Registered Person with cases in the office of an AIA, are urged to finalise these matters immediately as the DoL will be enforcing the provisions of the Regulations with immediate effect.

In closing, I wish to remind industry that the process of appeal is clearly defined in terms of Regulation 10, and any dispute relating to the interpretation of a health and safety standard may be sent to the chief inspector. It is unfortunate that many Registered Persons do not clearly understand that this process only deals with interpretation, and any dispute which may involve tampering of an electrical installation or alterations made to an installation after the date of issue cannot be dealt with in terms of legislation.
Should industry require any further clarification relating to these processes, contact should be made directly with an AIA or the chief inspector.