(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.
(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 qualification
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 regional director 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 connectio 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 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.
(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 such 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.
