Crown Publications - Authorised components and legislation

IT is becoming increasingly more concerning that the use of components being installed in electrical installations with no compliance to standards, is viewed by many as the rule rather than the exception.

I have had the opportunity of speaking with many manufacturers over the last few weeks that have approached me with very real concerns regarding this issue. I find myself in the unenviable position of trying to police this potential minefield with the realisation that if the practice is not stopped, irreversible damage will be done - not only to this industry but to the economy as a whole.
The introduction of the Electrical Installation Regulations (2009) - (EIR 2009) lays the groundwork for the use of authorised components.

EIR (2009) Regulation 5(2)

No person may use components within an electrical installation unless those components comply with the standards referred to in the relevant incorporated standard referred to in subregulation (1), and proof of compliance shall be identifiable on the components or certification shall be available from the manufacturer or supplier of the materials or components in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act NO.5 of 2008).
Legislation is clear on this point.
• No person may use unauthorised components.
• Proof of compliance must be identifiable on the component and/or certificatio n must be available from the manufacturer or supplier.
The implication of this on the electrical contracting industry is profound. In simple terms an electrical contractor may not install any component which is unauthorised. Notwithstanding the fact that proof of compliance was deleted from SANS 10142-1 in December 2003, the EIR (2009) obligates both the electrical contractor and the registered person who is required to issue a certificate of compliance on any particular project to ensure that all components used on the project comply with legislation.
It also remains the obligation of the supplier of electrical components to ensure that all components that they sell, meet with the requirements of legislation.
Whilst it is true that undue pressure is exerted on contractors in the tender process to reduce costs and in so doing force the use of cheaper unauthorised components in order for them to remain competitive, measures must now be implemented to ensure that level playing fields are maintained in both the manufacture and installation of electrical components without compromising safety.
The enforcement of these measures cannot be left to the AIA alone. Legislation will compel certain projects to be supervised by an AIA or ‘competent person' from 1 April 2010, and in these cases, compliance in this regard will be ensured. It also remains the obligation of the consultant to assist in the policing task in terms of EIR (2009).

EIR (2009) 5(1)

No person may authorise, design, install or permit or require the installation of an electrical installation, other than in accordance with a health and safety standard incorporated into these Regulations under section 44 of the Act.

National Regulator for Compulsory Standards

Regulatory function with NRCS
"Until 31 August 2008, the South African Bureau of Standards, through the SABS Regulatory Division, was responsible for the enforcement of compulsory specifications relating to certain products, as specified in applicable compulsory South African National Standards. Effective from 1 September 2008, two new Parliamentary Acts - the National Regulator for Compulsory Specifications (NRCS) Act (Act 5 of 2008) and the new Standards Act (Act 8 of 2008) - were promulgated into law. The result of the new Acts is the separation of standardisation and regulatory functions nationally, bringing the South African technical infrastructure into alignment with world best standardisation and regulatory practice.
In line with the new Acts, the former Regulatory Division of the SABS, its regulatory function and its employees were transferred to the National Regulator for Compulsory Specifications (NRCS), a new institution under the Department of Trade and Industry (dti). Relevant regulations including compulsory specifications, agreements, assets and obligations were also transferred from the SABS to the NRCS." (Excerpt from press statement from SABS).
The mandate of the NRCS is to ensure the right of the public to health, safety and environmental protection is entrenched in South Africa's Constitution. The National Regulator for Compulsory Specifications (NRCS) protects these rights by administering and enforcing compulsory specifications in the interest of
- Public health;
- Safety; and
- Protecting the environment.
In light of the above, the NRCS must play a pivotal role in the enforcement of the requirements of the EIR 2009. It is my opinion that unless a forum is established between the NRCS, manufacturers, consultants and AIAs to enforce legislation on behalf of the Department and Labour, the industry will find itself in a position where it has some of the best legislation in the world but due to no or little enforcement, an erosion of standards which will be relentless.