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Department of Mineral & Energy (DME) OHS Chat & Skinner Newsletters Exclusive Subscriber Newsletter Employer's Rights |
General Machinery Regulations 1. Definitions. "competent person" in relation to machinery, means any person who - (a) has served an apprenticeship in an engineering trade which included the operation and maintenance of machinery, or has had at least five years' practical experience in the operation and maintenance of machinery, and who during or subsequent to such apprenticeship or period of practical experience, as the case may be, has had not less than one year's experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (b) has obtained an engineering diploma in either the mechanical or electrotechnical (heavy current) fields with an academic qualification of at least T3 or N5, or of an equivalent level, and who subsequent to achieving such qualification has had not less than two years practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise; (c) is a graduate engineer who has had not less than two years post graduate practical experience in the operation and maintenance appropriate to the class of machinery he is required to supervise and who has passed the examination on the Act and the regulations made thereunder, held by the Commission of Examiners in terms of regulation E5 (2) of the regulations published under Government Notice R.929 of 28 June 1963; or (d) is a certificated engineer; "graduate engineer" means any person who has obtained a degree in mechanical or electrotechnical engineering at a South African university, or a degree recognised by the Department of National Education as equivalent to any such degree; "the Act" means the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983). General Machinery Regulation 2. 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 full time capacity in respect of every premises on or in which machinery is being used. (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 3000 kW, the person designated in terms of subregulation (1) shall be a person referred to in paragraph (b), (c) or (d) of the definition of competent person; (ii) any such sum is 3000 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 degrees Celsius) by 21 or, in the absence of such rated evaporative capacity, by multiplying the heating surface of that boiler (in square metres) 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 3000 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 3000 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. (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 qualification so specified to assist a person designated in terms of subregulation (1). (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 regional director a copy of the letter of appointment of that person. (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). (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 in or on 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) any other particulars as the chief inspector may require.
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