Health and Safety

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promulgated the new draft ‘‘Driven Machinery Regulations’’ and the ‘‘Electrical Machinery Regulations’’ has been repealed.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

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

Courses and Workshops

 

                                         

 
 

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Employment Equity Committee Training

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

 Our Clients 

 

Android App On Google Play

Android App On Google Play