Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)Guidance NotesPressure Equipment Regulations, 2009Regulation 6 - Duties of Users |
| (1) | The user shall ensure that the pressure equipment is operated and maintained within its design and operating parameters. |
| (2) | The user shall, subject to the relevant health and safety standard incorporated into these Regulations under section 44 of the Act— |
| (a) | provide the manufacturer, repairer or modifier with comprehensive information of the operating or intended operating conditions of the pressure equipment, including the characteristics of the fluid and operating parameters of other connected pressure equipment, where reasonably practicable; |
| (b) | ensure pressure equipment has a certificate, issued by the manufacturer, including a verification signature by an approved inspection authority when required, which certifies that the pressure equipment has been designed and manufactured in accordance with the relevant health and safety standard incorporated into these Regulations under section 44 of the Act; |
| (c) | ensure pressure equipment has a certificate issued by the repairer or modifier, including a verification signature by an approved inspection authority when required, which certifies that the pressure equipment has been modified or repaired in accordance with the relevant health and safety standard incorporated into these Regulations under section 44 of the Act; |
| (d) | ensure that pressure equipment has a certificate issued by an approved inspection authority before commissioning, where applicable; and |
| (e) | ensure that a gas system has a valid certificate issued by an authorised person. |
Notes:
| (a) | The user shall ensure that the prescribed information is provided to the manufacturer. |
| (b) | The certificate required in PER 6(2)(d) above is the pre-commissioning inspection certificate as required in PER 11(1)(a) |
| (c) | The certificate required in PER 6(2)(e) is the certificate in Annexure 1 and shall be issued by an authorised person and not by an AIA. |
| (d) | For pressure equipment which are rented out by the owner, the duties of the user remain with the owner (i.e. certificate of manufacture remains with the owner). |
| (e) | In respect to PER 6(2)(b), filled transportable gas containers imported from an overseas supplier, for a dedicated user with the intent to return the transportable gas container when empty to the overseas supplier, these shall be deemed compliant based on the transportable gas container having been manufactured to a listed "Health and Safety Standard" incorporated into the PER (See PER 3 Note (b)) and which meet all of the relevant transportation requirements prior to shipping. Equipment does not need to meet any of the additional PER requirements if the equipment is returned within 60 days of import. |
| (f) | In respect to the duties of the user in relation to privately owned transportable gas containers up to and including 150 litres water capacity, the certificate of manufacture referred to in PER 6(2)(b) may be retained by the Importer or the Supplier |
| (g) | For transportable gas containers which are privately owned the certificate of manufacture remains with the manufacturer. The owner may request the certificate of manufacture from the manufacturer / importer. |
| (h) | Equipment manufactured prior to 23 October 1992 and which was designed, constructed and manufactured in accordance with regulations in force at that time do not require a certificate of manufacture (see regulation 2 of VUP). Re-certification to the PER is not a requirement. |
| (i) | Where the user requires identical total replacement of pressure vessels, steam generators or piping due to dimensional constraints or weight limitations, in accordance with the original design calculations and drawings, the user shall ensure that the design is approved and verified as applicable in accordance with these Regulations. The user shall declare that the existing design is satisfactory for the intended service conditions based on historical service records. Intellectual property rights should be considered. |