THE Department of Labour published a Government Notice on 26 March 2012 giving explanatory notes on the EIR (2009) - (Notice 258 of 2012).
For this month's column, I will take some of the Regulations that require some clarification and deal with them in terms of the above Notice.
"User, in relation to plant or machinery, means the person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with, that plant or machinery."
I receive many queries as to why the Regulations do not cover the ‘lessor' in terms of the above definition. The ‘lessor' is most definitely included but has been included as a separate entity under Regulation 7:
"Subject to the provisions of sub-regulation (3), every user or lessor of an electrical installation, as the case may be, shall have a valid Certificate of Compliance for that installation in the form of Annexure 1, which shall be accompanied by a test report in the format approved by the Chief Inspector, in respect of every such electrical installation."
The explanatory notes of the Notice indicate:
1. The lessor is included into the regulations because the lessor is excluded from the definition of ‘user'.
2. These electrical installations may be on a domestic property, commercial property, industrial property or agricultural property.
• Regulation 4 - Functions of approved inspection authorities for electrical installations
An approved inspection authority for electrical installations may enter premises and conduct an inspection, test or investigation only when (a) contracted by the Chief Inspector or Provincial Director for a specific electrical installation; or (b) requested by the user or lessor of an electrical installation to do so.
1. Any person who has doubts that electrical installation work is not done according to these regulations and health and safety standards or has doubts over the validity of a Certificate of Compliance, should contact an approved Inspection authority to investigate the case.
(The Department of Labour will not accept a report from any other independent entity in terms of potential prosecution in terms of the provisions of the Regulations.)
• Regulation 5 - Design and Construction
Sub Regulation 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."
1. The incorporated health and safety standard referred to is the SANS 10142-1 Code of Practice for the wiring of premises as published in Government Notice No. R.243 of 6 March 2009 or any updated revision of the standard.
2. The standard has the power of a regulation only insofar as the regulation permits and it must therefore be noted that the standard is only applicable with respect to an ‘electrical installation' as defined, ie from the ‘point of control' to the ‘point of consumption', which expressions are clearly defined.
3. This sub-regulation will also apply to the extension, modification and repair of an existing electrical installation.
• Sub Regulation 4
"A registered person shall exercise general control over all electrical installation work being carried out, and no person may allow such work without such control.
Definition: "‘general control' in relation to electrical installation work that is being carried out, includes instruction, guidance and supervision in respect of that work."
1. This sub-regulation emphasises the point that no one may do installation work unless he or she does the work under the general control of a registered person or himself or herself is a registered person.
2. If the registered person does the work himself or herself, this general control will not be necessary.
3. The intention of the regulation is to ensure that installation work is carried out under clear instructions, guidance and proper supervision and that it complies with the health and safety standard.
To be continued next month...