Monthly update: May/June 2015

The Minister of Health has published Emergency Medical Services Regulations under the National Health Act.

The Regulations deal with the registration, licensing and operation of emergency medical services (both public and private). As such, it deals with a broad spectrum of topics including the issues of staff competence, medical waste management issues, marking of emergency vehicles etc.

The Compensation Commissioner has published a notice in terms of the COID Act.

The first notice deals with a change to the documentation and format used for submitting returns of earnings by the employer. (w.AS.8 form) This may be submitted electronically.

Proposed amendments to the National Road Traffic Act Regulations were published by the Minister of Transport.

The proposed amendments deal with various matters, including the relicensing of drivers, speed limits and the proposed prohibition on the operation of goods vehicles in urban areas during certain times and the conditions for the transport of persons on goods vehicles.

The proposed Regulations stipulate the following for the transportation of persons on a goods vehicle:

1.      Enclosures to extend 350 mm above the surface on which a person is seated and 900mm above the surface on which a person is standing,

2.      Only 5 persons may be transported where the gross vehicle mass is less than 3 500 kg.

3.      Prohibition on the transport of goods and persons in the same bed unless the goods and person/s is partitioned,

4.      Prohibition on the transport of persons on a goods vehicle for reward,

5.      Points 1, 2 and 3 will only apply to a situation where the employer transports employees.

It is also important to note that the above will only apply to public roads.

New Driven Machinery Regulations have been published under the Occupational Health and Safety Act, replacing the 1988 version, as amended. This replaces the 1988 Regulations. The critical amendments are:

1.      Definitions. While many definitions remain as before, some have been removed

while new ones have been added.

·        Block and tackle now specifically excludes chain blocks etc.

·        Calendar roll is now defined

·        Capstan type hoist defined

·        New definition for Competent Person added. This is now aligned with the definition found in the Construction Regulations 2014 and includes reference to qualifications registered on the NQF. While this is welcomed, it does imply that the employer will have to carry knowledge of the training and qualifications available on the NQF

·        New definition for Hand Powered Devices. This includes lever hoists, hand chain hoists etc.

·        Lifting machine now excludes hand powered devices, escalators, elevators etc.

·        New definitions have been added for Lifting Machine Entity and Lifting Machine Inspector.

·        Lifting Tackle is now more clearly defined.

·        Cradle is replaced with Man Cage.

·        New definitions for Safe Working Load, Thorough Examination and Training Provider.

2.      A new scope has been added which covers all Driven Machinery. This now specifically references design, manufacture, repair, maintenance and operation.

3.      Many Regulations have been copied over un-amended from the previous Regulations. Equipment which is unaffected includes:

·        Revolving machinery.

·        Circular saws.

·        Wood-planing machines.

·        Wood –molding and mortising machines.

·        Sanding machines.

·        Mixing, agitating and similar machines

·        Rolls and calendar rolls.

·        Washing machines, centrifugal extractors etc.

·        Air compressors.

·        Refrigeration and air conditioning installations.

·        Transportation plants.

4.      Two sets of Regulations remain unchanged, except for the fact that a new reference to training of operators has been added to it. These are the two Regulations dealing with band saws and band knives and grinding machines.

5.      The Regulation dealing with slitting machines has been amended by including references to fixed guarding and enclosures and interlocked safety devices.

6.      The biggest changes are regarding lifting machines (Regulation 18). These changes are:

·        The requirement for a manufacturer’s data plate to be fixed to all lifting machines and hand powered lifting devices. Information on the plate to include name of manufacturer, design standard, serial/reference number, country of origin.

·        All winches as part of lifting machines (and hand powered lifting devices) to be fitted with an automatic cut out device activated at lowest limit. (Not applicable to capstan devices.)

·        The previous Regulation required braking devices. This now has to be fitted to all lifting machines (not just those with a capacity above 5 000 kg as before) and also has to activate at lowest safe position.

·        In terms of performance testing, the previous Regulations referred to a “person who has knowledge and experience”.  This has now been replaced with a Lifting Machinery Inspector from a Lifting Machinery Entity.

·        Regulation 18(6) deals, as before with inspections at 6 monthly intervals. It now requires the inspection to be performed by a “competent person”. This person will have to comply with the new definition of Competent Person in Regulation 1, i.e. a person who has a qualification/training registered on the NQF.

·        In terms of Regulation 18(7), all users of leased lifting machines and hand powered lifting devices must keep a register containing the previous 12 month’s performance test and service records.

·        Owners/Lessors of leased equipment must keep full service records for at least 10 years.

·        Where man cages are used, such cages must be designed in terms of an approved SANS standard approved by an Inspector. A formal risk assessment is required.

·        While load limiting devices are still required as before, the reference to jib crane has been removed and replaced with “power driven lifting machine”. This broadens the scope of application.

·        The new Regulations exclude some provisions for application to power driven lifting machines manufactured or refurbished prior to 30 September 2015.

·        As before, the Regulations deal with the safety factors for ropes and chains. Woven webbing has however been formally included and the safety factor for man made fiber ropes and webbing has been increased from 6 to 7.

·        Where the previous Regulations required all steel wire ropes to be inspected and discarded where necessary, this has now been expanded to all lifting tackle. Inspections are to be performed by a “competent person”, which will have to comply with the definition of competent person in Regulation 1. This person will also have to be appointed in writing.

·        In terms of operator competence for lifting machines, the previous Regulations dealt with lift trucks with a capacity in excess of 750 kg and jib cranes with a capacity over 5 000 kg. The new Regulation 18(11) removes these limitations and prescribes training for all lifting equipment where it is listed in the National Code of Practice for Training Providers of Lifting Machine Operators. Proof of competence will in future deemed to be a certificate issued a training provider accredited with the Transport SETA and approved by the Chief Inspector.

·        The new Regulation 19 deals with the registration of Lifting machine Entities. Annexure A to the Regulations deals with the application process.

·        Regulation 20 now deals with the registration of Training Providers.

·        Regulation 21 deals with the withdrawal of approval of LME’s and Training Providers.

·        Offences and penalties have been increased. The previous maximum fine for contravention (R 1 000) has been removed, with the implication that the maximum fine would now be that which within the jurisdiction of the applicable court. This in practice greatly increases the maximum possible fine. The maximum term of imprisonment has been increased from 6 to 12 months. (The additional daily fine for continued non compliance has been increased from R 5 to R 200 per day). Despite the increase in terms of punishment for contravention of the new Regulations, it must still be kept in mind that a non compliance which leads to an accident will still be punishable in terms of Section 38(2) of the Act (R 100 000 and/or 2 years imprisonment) or where a fatality ensues a charge of Culpable Homicide.

The new Regulations can be seen as an alignment with recent trends in the Legislation managing workplace health and safety and shares certain common facets with the Construction Regulations 2014, insofar as definitions, punishment and the approach to approved bodies (LME’s) and incorporated Standards are concerned. (See below for information on incorporated Standards.)

The new Regulations are set to become enforceable on 30 September 2015.

The Minister of Labour has, in terms of Section 44 of the Occupational Health and Safety Act, incorporated the following Standards into the Driven Machinery Regulations, 2015. This is set to take effect on 30 September 2015.

1.      EN 14502 -1, Cranes: equipment for lifting of persons, Part 1: Suspended baskets.

2.      ISO 9927 -1, Crane inspections – Part 1: General.

3.      National Code of Practice for Training Providers of Lifting Machine Operators, published under Government Notice No. R. of 2015.

4.      SANS 19, Inspection, testing and examination of mobile cranes.

5.      SANS 71, Inspection, testing and examination of vehicle hoists in use.

6.      SANS 500, Inspection, testing and examination of hand -operated chain blocks and lever hoists in use.

7.      SANS 522, Inspection, testing and examination of tower cranes in use.

8.      SANS 2972, Lifting tackle inspection.

9.      SANS 10147, Code of Practice: Refrigeration systems, including plants associated with air -conditioning systems.

10. SANS 10148, Code of Practice: The installation and operation of cable cranes and aerial ropeways.

11. SANS 10295, Parts 1 and 2: Inspection, test and examination of lifting platforms in use.

12. SANS 10375, Inspection, testing and examination of overhead cranes (including gantries, electric wire rope hoists & chain hoists).

13. SANS 10388, Inspection, testing and examination of lift trucks.

14. SANS 18893, Mobile elevated work -platform safety principles, inspection, maintenance and operation.

New Compulsory Specifications have been published for circuit breakers (for comment, which comment must be submitted before end June)

1. Schedule 1: New Standards

Some of the more important new standards include:

·        SANS 961: 2015 Classification criteria for vehicles (Including trailers etc.)

·        SANS 3691-5: 2015 Industrial trucks; safety requirements

·        SANS 53411-1: 2015 Wire rope terminations

2. Schedule 2: Amendment of existing standards

Some of the more important amended standards include:

·        SANS 241-1: 2015 Drinking water

·        SANS 543: 2015 Fire hose reels

·        SANS 1438-3: 2015 Helmet light assemblies for miners

3. Schedule 3: Cancellation of standards

The following standards have been cancelled

·        None

4. Schedule 4: Contact details

This has remained unchanged.

The Department of Higher Education and Training have published new Trade Test Regulations.

The new Regulations intend the creation of a single national artisan training and certification system. In addition it deals with issues such as:

1.      Application for trade test assessments,

2.      The testing process,

3.      Administrative processes including reassessment etc.

FOR ANY FURTHER INFORMATION, COMMENTS OR QUERIES, PLEASE DO NOT HESITATE TO CONTACT THE WRITER OR VISIT OUR WEBSITE AT WWW.LEGALCS.CO.ZA

Regards,

Jaco Swartz

Managing Director

Legislative Compliance Specialists (Pty.) Ltd.

011 704 4814

082 898 9463

jacos@legalcs.co.za

www.legalcs.co.za