Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsGeneral Machinery Regulations, 19882. Supervision of machinery |
| (1) | In order to ensure that the provisions of the Act and these Regulations in relation to machinery are complied with, an employer or user of machinery shall, subject to this regulation, in writing designate a person in a full-time capacity in respect of every premises on or in which machinery is being used. |
| (2) | The chief inspector may, subject to such conditions as he may impose, permit an employer or user of machinery to designate more than one person in terms of subregulation (1). |
| (3) | Subject to the provisions of this regulation, an employee designated in terms of subregulation (1) shall be a competent person. |
| (4) |
| (a) | If— |
| (i) | the sum of the power generated by machinery on or in the premises in question and the power derived from other sources, including the generation of steam for process purposes, exceeds 1200 kW, but is less than 3 000 kW, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (b), (c) or (d) of the definition of 'competent person'; |
| (ii) | any such sum is 3 000 kW or more, the person so designated shall be a person as referred to in paragraph (c), or (d) of the said definition. |
| (b) | For the purpose of paragraph (a), the power derived from the generation of steam by any particular boiler shall be calculated in kW by dividing the manufacturer's rated evaporative capacity (in kg of water per hour at 100°C) by 21 or, in the absence of any such rated evaporative capacity, by multiplying the heating surface of that boiler (in m2) by 0.8. |
| (5) | If, in the case where machinery on or in the premises in question is used solely for the distribution of electricity— |
| (a) | the maximum demand over any continuous period of 30 minutes is 3 000 kVA or less, the person designated in terms of subregulation (1) shall be a person as referred to in paragraph (a) of the definition of 'competent person' and registered as an installation electrician in terms of regulation 11(1) of the Electrical Installation Regulations, promulgated under Government Notice R. 2270 of 11 October 1985; |
| (b) | any such demand exceeds 3 000 kVA, but is less than 10 000 kVA, the employee so designated shall be a person as referred to in paragraph (b), (c) or (d) of the said definition; |
| (c) | any such demand is 10 000 kVA or more, the employee so designated shall be a person as referred to in paragraph (c) or (d) of the said definition. |
| (6) | Notwithstanding the provisions of subregulations (3), (4) and (5), the chief inspector may, subject to such conditions as he may impose, permit an employer or user of machinery to designate a person who holds any qualification other than that of a competent person in terms of subregulation (1). |
| (7) |
| (a) | An employer or user of machinery may designate one or more competent persons to assist a person designated in terms of subregulation (1). |
| (b) | The chief inspector may by written notice direct any employer or user of machinery to designate within the period specified in the notice the number of persons so specified holding the qualifications so specified to assist a person designated in terms of subregulation (1). |
| (8) | Except with the approval of an inspector, no person designated in terms of subregulations (1) or (7) shall supervise machinery on or in any premises other than the premises in respect of which he had been designated. |
| (9) | When an employer or user of machinery designates a person referred to in subregulations (4) (a), (5) (b) or (c), he shall forthwith forward to the divisional inspector a copy of the letter of appointment of that person. |
| (10) |
| (a) | Notwithstanding the provisions of subregulation (1), no employer or user of machinery needs to designate a person in terms of that subregulation in respect of any elevator, goods elevator, escalator or electrical installation in any shop or office or on, or in, any domestic premises, any domestic appliance used as such, any machinery used in connection with building work, any vehicle or earth-moving plant or any refrigeration, cooling, air-conditioning or freezing plant inspected and maintained by a duly qualified person in pursuance of an agreement entered into by any such employer or user of machinery. |
| (b) | The chief inspector may by written notice direct any employer or user of machinery referred to in paragraph (a) to designate within the period specified in the notice a person holding the qualifications so specified in terms of subregulation (1). |
| (11) | Any employer or user of machinery who applies for exemption from the provisions of this regulation under section 32 of the Act shall furnish the Minister with the following particulars, namely— |
| (a) | the grounds for the application; |
| (b) | the number of employees employed on or in the premises in question; |
| (c) | the nature of the work performed on or in the premises in question; |
| (d) | the number and type of incidents reported in terms of section 17(1) of the Act during the preceding three years; |
| (e) | the safety management system in force in respect of the premises in question; and |
| (f) | such other particulars as the chief inspector may require. |
| (12) | Notwithstanding the provisions of this regulation, machinery required to be supervised by a person referred to in paragraph (b), (c) or (d) of the definition of 'competent person' may be used in the absence of any such person for a period not exceeding one month in any continuous period of six months, if it is due to circumstances beyond the control of the employer or user of machinery concerned or in the opinion of an inspector, impracticable to comply with the provisions of this regulation: Provided that a person referred to in paragraph (a) of the said definition shall in writing be designated to supervise the machinery in question during such absence. |