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Update: Occupational Health and Safety Act, Act 85 of 1993: Draft Driven Machinery Regulations & New Electrical Machinery Regulations

Tinus Boshoff
 

Please note that the following change and proposed changes was made to the Occupational Health and Safety Act, Act 85 of 1993.

The Minister of Labour has recently promulgated the new draft ‘‘Driven Machinery Regulations’’ and the ‘‘Electrical Machinery Regulations’’ has been repealed.


Driven Machinery Regulations:


The ‘Driven Machinery Regulations’ were published on 4 March 2011(published under GNR.163 in Government Gazette 34052).


The above mentioned publication was supposed to be published for public comment first (draft regulations) and not as the actual new regulations. This was corrected through Government Correction Notice GNR 299 of 34186 published on 8 Mei 2011.


According to the draft regulations, it repeals GNR 1010 of 2003. It is assumed that this refers to the ‘Driven Machinery Regulations’ of the OHS Act. The reference however is incorrect; GNR 1010 of 2003 refers to the previous amendments to the Driven Machinery Regulations.


The Driven Machinery Regulations were in fact promulgated under GNR 295 of 26 February 1988.


The draft regulations now states that these regulations shall apply to the design, manufacture, operation, repair, modification, maintenance, inspection and testing of driven machinery.

Some of the proposed changes include:


Definitions: ‘Calendar’; ‘Capstan Hoist’; ‘Block and Tackle’; ‘Lifting Machinery Entity (LME)’; ‘Lifting Machinery Inspector (LMI)’. Significant changes have been made to DMR 18 that deals with ‘‘Lifting Machinery’’.


Interested persons are invited to submit any substantiated comments or representations on the proposed regulations to the Director General, Department of Labour, Private Bag x 117, Pretoria, 0001 (for the attention of the Chief Inspector: Occupational Health and Safety), within 90 days of publication of this notice.


Deadline for submissions is 7 July 2011.


Electrical Machinery Regulations:


The Electrical Installation Regulations, 1998, published under Government Notice No. R.1593 of 12 August 1988 was replaced with the Electrical Machinery Regulations, 2011 (published under GNR.250 in Government Gazette 34154 of 25 March 2011).


These regulations apply to the designers, manufactures, installers, sellers, users, employers and suppliers who design, manufacture, install, sell, generate or use electrical machinery. These regulations also apply to users who generate, transmit or distribute electricity whether overhead or underground to the point of supply. These new regulations shall commence on 1 July 2011.

Provided that Regulation 12(4) – (electrical fence system certificate) shall commence on 1 October 2012.


Some of the proposed changes include:


Definitions: ‘Accreditation Authority’, ‘Dead’, ‘Electrical Fence Systems’, ‘Portable’, ‘Electrical tool’ and ‘Registered Person’.


The minister has incorporated into the New Electrical Machinery Regulations, 2011 the following standards:

• SANS 767-1: Earth leakage protection units Part 1: Fixed earth leakage protection circuit-breakers;

• SANS 10086-1: The installation, inspection and maintenance of equipment used in explosive atmospheres Part 1: Installations including surface installations;

• SANS 1507-6: Electric cables with extruded solid dielectric insulation for fixed installations (300/500 V to 1900/3 300 V), Part 6: Service cables;

• SANS 10108: The classification of hazardous locations and the selection of electrical apparatus for use in such locations;

• SANS 10222-3: Electrical security installation, Part 3: Electric security fences (non-lethal);

• SANS 10280-1: Overhead power lines for conditions prevailing in South Africa Part 1: Safety; and

• SANS 60335-2-76: Household and similar electrical appliances - Safety: Part 276: Particular requirements for electric fence energizers


Significant changes have been made to Section 13 of the regulations. It will now be required that a “Registered Person” issue a certificate for all “Electrical Fence Systems”. This can only be done by a person that has been accredited by an “Accreditation Authority”.


A copy of both these regulations could be downloaded from the following web link:

http://www.labourguide.co.za/health-and-safety/health-and-safety-downloads-848


Safety greetings

Tinus Boshoff

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