CERTIFICATE OF COMPLIANCE (CoC) LEGAL REQUIREMENT FOR EMPLOYERS

In South Africa, a valid Certificate of Compliance (CoC) is more than just paperwork—it is a legal safeguard that protects businesses, employees, and property. Whether a company owns or rents its premises, ensuring that electrical, solar, and other critical installations are compliant is not optional; it is a legal requirement under the Occupational Health and Safety Act 85 (OHSA) of 1993 and related regulations.

What is a Certificate of Compliance?

A CoC is an official document issued by a registered and accredited contractor confirming that an electrical or solar installation complies with the South African National Standards (SANS 10142) and other regulatory requirements like Municipality by laws. It proves that the installation is safe, reliable, and fit for use.

There are different types of CoCs, including:

1. Electrical CoC – ensures electrical installations are safe and legally compliant.

2. Solar Supplementary CoC – certifies that solar systems are installed correctly and meet safety standards and municipality by laws.

3. Health and Safety CoC – issued after workplace audits confirming overall compliance with OHSA.

Employers’ Responsibilities

Under the OHSA, every employer must provide a safe workplace for employees. This includes ensuring that all installations within the workplace have valid CoCs.

Failure to do so can:

• Put employees at risk of injury or death from unsafe installations.

• Result in fines, criminal prosecution, or imprisonment for the business owner or directors.

• Lead to insurance claims being rejected in the event of damage, fire, or injury.

• Delay or prevent the issuing of a Health and Safety Certificate, which is compulsory for operations in most industries.

Employers must also conduct regular risk assessments, maintain compliance documentation, and ensure that expired or outdated CoCs are renewed.

The Role of Landlords in Compliance

For businesses renting premises, compliance is a shared responsibility. While employers must ensure a safe workplace, landlords are responsible for providing valid CoCs for the property’s fixed installations (such as electrical wiring and distribution boards).

Landlords who fail to provide valid CoCs put tenants at risk of operational delays and legal consequences. Businesses should always request and verify these documents before signing a lease agreement, as non-compliance can directly affect their ability to operate legally.

The Role of CoCs in Grid Protection and Insurance Protection

Another crucial reason for having a valid Certificate of Compliance (CoC) is its role in grid protection and insurance validity.

Grid Protection

South Africa’s national grid is under immense pressure, and unsafe electrical or solar installations can compromise its stability. A CoC ensures that installations are connected correctly, preventing:

• Overloading and short circuits, which can damage both local and national infrastructure.

• Back-feeding from solar systems, which can endanger technicians working on the grid during outages.

• Fire risks that not only affect the business premises but also neighbouring properties and the broader electrical network.

By enforcing the requirement of a valid CoC, regulators protect not just individual businesses, but the entire national grid from unnecessary risks.

Insurance Purposes

Insurance companies in South Africa require proof of compliance before honouring claims for damages caused by electrical faults, fires, or accidents.

Without a valid CoC:

• Claims may be rejected, leaving businesses with massive out-of-pocket costs.

• Liability shifts to the business owner or landlord, who can be held personally responsible for losses or injuries.

• Reputational damage may arise if negligence is found to be the cause of an incident.

Having an up-to-date CoC therefore acts as both a safeguard against financial loss and as evidence that a business has taken reasonable measures to prevent risk.

Why a CoC Matters for Operations

A valid CoC is not just about ticking a compliance box—it directly impacts business continuity:

• Operational Approval: No CoC = no Health and Safety Certificate = no legal permission to operate.

• Employee Safety: Prevents fires, electrocutions, and other avoidable incidents.

• Business Reputation: Demonstrates professionalism and responsibility to clients, suppliers, and regulators.

• Legal Protection: Reduces liability in the event of accidents, inspections, or disputes.

Consequences of Non-Compliance

Non-compliance can have devastating effects on a business:

• Immediate suspension or closure by the Department of Employment and Labour.

• Improvement, contravention, or prohibition notices that halt operations until compliance is achieved.

• Financial losses, including fines of up to R1 million or imprisonment of up to 10 years.

• Long-term reputational damage that may deter clients, investors, and partners.

A valid CoC is not just a legal requirement—it is a cornerstone of workplace safety and business continuity. Employers must actively ensure compliance, even when renting, while landlords must take responsibility for the safety of their properties.

Without these certificates in place, businesses face suspension, delays, legal risks, and, most importantly, the potential loss of lives. By prioritising compliance, companies create safer environments for employees and ensure smooth, uninterrupted operations.