Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsPressure Equipment Regulations, 20097. Approval and duties of approved inspection authority |
| (1) | Only an organisation holding an approval certificate from the chief inspector shall perform the duties of an approved inspection authority within the scope of accreditation. |
| (2) | An application for approval in terms of subregulation (1) shall include the applicant's proof of accreditation prescribed by paragraph (a) or (b) of subregulation (3), including full contact details and address. |
| (3) | The chief inspector's approval— |
| (a) | of inspection bodies operating in the Republic shall be subject to the submission of an accreditation certificate issued by the accreditation authority in accordance with the requirements of SANS/ISO 17020 and SANS 10227: Provided that the chief inspector may set additional requirements before granting approval; or |
| (b) | of foreign inspection bodies shall be subject to the submission of an accreditation certificate issued by an International Laboratory Accreditation Cooperation (ILAC) or an International Accreditation Forum (lAF), Mutual Recognition Arrangement signatory in accordance with the requirements of ISO/IEC 17020: Provided that— |
| (i) | the foreign inspection body shall ensure compliance with all the duties assigned to an approved domestic inspection authority in terms of these Regulations and within their scope of accreditation together with the applicable health and safety standards; and |
| (ii) | the chief inspector may set additional requirements before granting approval. |
| (4) | Imported pressure equipment stamped by an ASME authorised manufacturer in compliance with the full ASME Code of Construction shall be deemed to meet the requirements of these Regulations. |
| (5) | In the event of a dispute of a technical or safety issue, which could not be reasonably resolved between an approved inspection authority and any interested party, including the user, modifier, repairer or manufacturer, an interested party may refer the case to the chief inspector in writing for arbitration, setting out the full details of the dispute. |
| (6) | Upon receiving such a dispute in terms of subregulation (5), the chief inspector may appoint an arbitrator mutually agreed upon between the parties. |
| (7) | A case referred to the chief inspector in terms of subregulation (5) shall be investigated and arbitrated within a maximum of 90 days. |
| (8) | An approved inspection authority shall ensure compliance with all the duties assigned to an approved inspection authority in these Regulations within its scope of accreditation and the relevant health and safety standard. |