Registered contractors and the green card

[GCE]

There is no control over the electrical industry due to a lack of skills and manpower, who would take on the responsibility of policing the solar industry?

The client/user needs to be aware that there are legal requirements to installing solar - That legal requirement is being registered as an Electrical Contractor .

It is the users responsibility under the OHSA act to ensure that suitable qualified/registered companies work on there electrical installation

If we all start educating the client then it should help in sorting it out.

We have to start somewhere .

The use of suitable qualified companies should be happening in all walks of life, Plumbers , Gas installers , Electrical , Medical etc - It should be an automatic way of life.

It starts with each one of us - I cannot be shouting " Use a Registered Electrical Contractor " and then I go use a handyman for my gas installation . The same way I cant complain about Taxi's going through a red robot yet I do the same thing .

[ACEsterhuizen]

"""......As Graham Clarke, an ECA(SA) member and owner of an electrical contracting company in Gqeberha, observes, “… the statement that solar installers are suppliers of electricity and that the isolator to the AC connect point is the point of control and therefore does not have to be carried out by an Electrical contractor as it is not part of the Electrical Installation is a myth and, if there was any doubt, this has been removed by the Occupational Health and Safety Act and the Electrical Regulations, as well as SANS 10142-1 ED3.01”.

All electrical contractors must register with the Bargaining Council for the Electrical Industry (SA) and have their employees governed by the applicable terms of service. The Bargaining Council understands this obligation and will enforce the provisions of the Main Collective Agreement and in particular, registration obligations.

It is illegal to install PV when you are not a registered electrical contractor. You can only qualify to be an Electrical Contractor if you employ an IE or an MIE or you are, yourself, such a person. Registered Electrical Contractors must be registered with the Department of Employment and Labour and the Bargaining Council for the Electrical Industry (SA). These registrations are not voluntary. There is no choice as to the obligation to be so registered. Failure to do so makes one an illegal operator."""

https://ecasa.co.za/technical/pv-installers-must-be-electrical-contractors/

THERE APPEARS TO BE SEVERAL PURPOSELY MISLEADING LEGAL ASSUMPTIONS IN THIS ARTICLE.

http://www.saflii.org/za/legis/consol_reg/eir342/

https://dvh.law.za/postPDF/ELECTRICAL%20INSTALLATIONS.pdf

https://ecb.org.za/wp-content/uploads/2021/02/OHS-Act-1993-Electrical-Installation-Regulation.pdf

https://ecb.org.za/coc/electricians/

https://ecb.org.za/coc/downloads/

[GCE]

[I]

https://ecasa.co.za/technical/pv-installers-must-be-electrical-contractors/

THERE APPEARS TO BE SEVERAL PURPOSELY MISLEADING LEGAL ASSUMPTIONS IN THIS ARTICLE.

I would be interested to know where you feel the misleading pieces are -

I read OHSA and clause 6 says I need to register with DOL - I read SANS10142-1 and look at the definitions and it tells me that a person you supplies his own electricity is a consumer and that only a Statutory body or person who agrees to sell electricity to another person is a supplier

In a Shopping center with PV on the roof the center management will be supplying themselves and therefore a consumer , they will then supply the shop tenant and the center management will be the supplier - Basically under the definitions center management can be both.

In a residential set up the house owner is a consumer and therefore the PV installation is part of the electrical installation and covered under SANS 10442-1 clause 7.15 and 7.12

I have pasted what I feel are relevant definitions below and would be interested to hear differently


OHSA - EIR 2009
Electrical contractor
6. (1) No person may do electrical installation work as an electrical contractor unless that person has been registered as an electrical contractor in terms of these Regulations.
(2)
Any person who does electrical installation work as an electrical contractor shall register annually in the form of Annexure 3 with the chief inspector or a person appointed by the chief inspector.
(3)
An application for registration as referred to in subregulation (2) shall be accompanied by the fee prescribed by regulation 14.

From SANS 10142-1 Ed3.01
3.16
consumer
person who is supplied (or who is to be supplied) with electricity by a supplier
(see 3.77); or a person who supplies his own electricity

3.58
point of supply
point at which a supplier supplies electricity to any premises

3.77
supplier
in relation to a particular installation, any local authority (see 3.47), statutory
body or person who supplies, contracts or agrees to supply, electricity to that
electrical installation

3.56
point of control
point at which a consumer can, on or in any premises, switch off the electrical
installation from the electricity supplied from the point of supply


3.33
electrical installation
machinery, in or on any premises, that is used for the transmission of electrical
energy from a point of control (see 3.56) to a point of consumption
(see 3.55) anywhere on the premises, including any article that forms part of
such an installation, irrespective of whether or not it is part of the electrical
circuit, but excluding
a) any machinery of the supplier that is related to the supply of electricity on
the premises,
b) any machinery that is used for the transmission of electricity of which the
voltage does not exceed 50 V, where such electricity is not derived from
the main supply of a supplier, and
c) any machinery that transmits electrical energy in telecommunication,
television or radio circuits



7.12.7 Additional requirements for photovoltaic (PV) and similar
installations that provide a supply as an alternative to the main supply
7.12.7.1 The photovoltaic installation shall comply with SANS 60364-7-712
and the solar panels shall comply with SANS 61215 (for poly and mono
crystalline) or SANS 61646 (for thin-film).
7.12.7.2 The DC component of the installation shall comply with 7.15.
7.12.7.3 The rated voltage of each circuit shall be clearly indicated at all ends
of the circuit.
In the case of combined circuits, every circuit shall be easily identifiable.
Where single core conductors are used, such conductors for each circuit shall
be tied together at intervals to ensure identification, unless another suitable
arrangement is employed.
7.12.7.4 Precautions regarding parallel operation as prescribed in 7.12.6.1,
and overcurrent protection as prescribed in 7.12.4.1 shall be provided.
7.12.7.5 In addition it shall be recognised that the supply from each inverter,
battery arrangement and PV panel (or identified clustered group), constitutes
a supply, and requires arrangements similar to point of supply, which shall
include switch-disconnection arrangements and shall comply with 7.12.5.
7.12.7.6 If applicable, all exposed conductive parts may require earthing as
prescribed in 6.12.3.

[Dylboy]

If I don't have any staff do I have to still register with the NBECI thing ??

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[GCE]

If I don't have any staff do I have to still register with the NBECI thing ??

Sent from my CPH2197 using Tapatalk

If you don't have staff , then No -
I don't know of an electrical contractor doing solar or general installation work that does not employ staff
It is generally the appliance repair guys that work alone

[Dylboy]

If you don't have staff , then No -
I don't know of an electrical contractor doing solar or general installation work that does not employ staff
It is generally the appliance repair guys that work alone

Ah perfect just curious. I need to start looking into all this soon.

Devil's advocate or rather loop hole finder haha, what If you just have day staff ? Or rather what if that person had a duplicate invoice book from PNA and then does an "invoice " to you for his labour for the day ?

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[GCE]

Best to play straight then get caught down the line when it comes to statutory laws as it normally works out an expensive duck and dive.Ask the people that have tried ducking and diving SARS.

If a person invoices you as a subcontractor labour only and he only invoices you he would be deemed to work full time for you under the labour laws . You would also need to ensure as a sub contractor that he is in good standing with SARS and Workmens compensation/Fema .
If something happens to him on site you could suddenly end up with medical bills , UIF complications , death benefit problems etc if he or his family suddenly take you to CCMA .

It has happened to contractors "hiding" employees - The possible financial implications are not worth the risk.

When I started many moons back and was also studying engineering full time , I had a " casual " that helped me out - Ended up in a car accident with him alongside and he ended up with a broken leg. Suddenly discovered all these " little" things that I should have been doing and they came back to bite - Was an expensive and time consuming lesson. Rather try and avoid the school fees I paid

[Isetech]

I have had all these things mentioned by GCE, done the bargaining council thing, operated as a pirate contractor for many years while recovering from a motor vehicle accident, had to pay out a lot of money.

Thank goodeness I had done the right thing with UIF, because Covid lockdown got a few people into a lot of trouble.

Had a bad accountant (Baudin and associates) who decided to retire, I paid him R10 000.00 to make sure all my returns and taxes were up to date, he ran away with the money and left me with a box full of problems, it took me a year to find that he had sold the business to another accounting firm who couldnt find all my paper and who basic told me to they were not interested in my problems.

I then had to find someone who took all those boxes of documents sorted them out, updated all the returns and gave me an outstanding amount to pay, that was a nasty R35k for services already paid to the other accountant, plus R80k to SARS. Thank goodness my vehicle was paid up, so I sold it used the money to settle everything.

A word of advice I got when I started my business, dont worry about all the other stuff, make sure your SARS returns and payment are done right or you will end up in jail. SARS debt never does away, it just grows by the day.

Even if you are a one man band and use the gardener or the home executive to help on days were you need a hand, make sure your PAYE and workman's comp. is up to date.

[Dylboy]

Oh hectic ! Hahaha definitely need to then make sure ducks in a row.

Do you have to register with Vat to then register with the NBECI ?

I saw the form but not 100% sure as I see my turnover being very very little hahaha

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[GCE]

No Vat registration necessary if your turnover is below the threshold - Just Electrical Contractors registration

[Isetech]

IF you go into solar installation you gonna need to register with VAT, 10 installations and you exceed the threshold something to consider, or let the customers buy the equipment and you just do the installs.

[ACEsterhuizen]

I agree with the regs you have posted.

Clearly the article mislead one to believe that YOU MUST REGISTER WITH NBCEI - FALSE.

It also states that only a IE or MIE can qualify and register to be an electrical contractor at DOL -FALSE. SPT can also qualify and register.

Also it mentioned that the point of control and the point of consumption, WHICH DEFINES AN INSTALLATION, has been removed. Again, FASLE. A LIE.

It is still there.

By your own post:
3.33
electrical installation

machinery, in or on any premises, that is used for the transmission of electrical
energy from a point of control (see 3.56) to a point of consumption
(see 3.55) anywhere on the premises, including any article that forms part of
such an installation, irrespective of whether or not it is part of the electrical
circuit, but excluding
a) any machinery of the supplier that is related to the supply of electricity on
the premises,
b) any machinery that is used for the transmission of electricity of which the
voltage does not exceed 50 V, where such electricity is not derived from
the main supply of a supplier, and
c) any machinery that transmits electrical energy in telecommunication,
television or radio circuits..........

Anyway, thanks for the points made i truly appreciate it. Have a good weekend.

[GCE]

Clearly the article mislead one to believe that YOU MUST REGISTER WITH NBCEI - FALSE.

It is impossible to do a PV installation by yourself so you will definitely have a helper - If you have a helper he needs to be registered with NBCEI

It also states that only a IE or MIE can qualify and register to be an electrical contractor at DOL -FALSE. SPT can also qualify and register.

Yes a SPT ca n register as an electrical contractor but as a SPT registered contractor you cannot sign off on DC work as per Annex M

Also it mentioned that the point of control and the point of consumption, WHICH DEFINES AN INSTALLATION, has been removed. Again, FASLE. A LIE.

It is still there.

The doubt has been removed by the definition 3.16 - If the consumer installed and users the electricity then it is part of the electrical installation . The definition for Point of supply ( 3.58) and Supplier ( 3.77) has been updated and a consumers own PV plant is not a point of supply - Only a person that has contracted to supply electricity to another person is a supplier , like a shopping center owner. If the shopping center owner installs PV then he uses it for himself and is a consumer not a supplier. So the shopping center owner is both a supplier and consumer.
The detail is in the definitions before reading the clauses
The PV is in-between the point of supply and point of consumption and therefore part of the electrical installation


3.16
consumer
person who is supplied (or who is to be supplied) with electricity by a supplier
(see 3.77); or a person who supplies his own electricity

3.58
point of supply
point at which a supplier supplies electricity to any premises

3.77
supplier
in relation to a particular installation, any local authority (see 3.47), statutory
body or person who supplies, contracts or agrees to supply, electricity to that
electrical installation