These Regulations come into effect on 30 September 2015.
The new Driven Machinery Regulations (DMR) (enacted in terms of Section 43 of the Occupational Health and Safety Act 85 of 1993) were published on 19 June 2015 (and then re-published on 24 June 2015).
The changes to the Driven Machinery Regulations
Some new content has been added and some old content has been adjusted. This is to bring the Driven Machinery Regulations in line with some of the principles in the Construction Regulations, 2014.
Definitions concerning the Driven Machinery Regulations
Definitions added to the Driven Machinery Regulations:
• Block and tackle;
• Competent person;
• Hand-powered lifting device;
• Safe working load;
• Thorough examination; and
• Training provider.
Definitions that have been taken off the Driven Machinery Regulations:
• Anti-repeat device; and
Changes have been made to the following definitions:
• Calendar changed to calendar rolls;
• Capstan hoist changed to capstan-type hoist;
• Lifting machine entity- definition amended to include Regulation 19; and
• Man cage- definition amended.
Let's see who the Driven Machinery Regulations apply to…
Who the Driven Machinery Regulations apply to
The scope of application has been adjusted to include anyone who commission any driven machinery as well.
Regulation 18 now applies to lifting machines, lifting tackle and hand-powered lifting devices (previously not dealt with). The following important changes have been made:
• The manufacturer must be identified and their details must be on the machine itself;
• The requirements for inspecting of machines have become stricter and more specific- e.g. where there is no manufacturing standard, the machine must be tested with 110% of its safe load capacity.
• The inspector performing the inspection must have knowledge of and experience in the erection, load testing and maintenance of the specific kind of machine;
• Standard has been specified for lifting tackle;
• Training on a machine must be performed by a training provider accredited with the Transport SETA.
This is a new Regulation that deals with the approval and registration of Lifting Machine Entities.
This is a new Regulation that deals with the approval and registration of Training Providers.
This is a new Regulation that deals with the withdrawal of approval of a Lifting Machine Entity or a Training Provider.
This is the Regulation that replaced the old Regulation 19 which deals with offences and penalties. The jail time has increased from 6 months to 12 months and the fine is now unspecified. There's now also an additional day of imprisonment that can be added to a sentence for a continuous offence.
This Regulation cancels the old Driven Machinery Regulations and also states that users of goods-hoists are to comply with the Lift, Escalator and Passenger Conveyor Regulations, 2010 by June 2020.
Read on for the impact of the changes...
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The impact of the changes to the Driven Machinery Regulations
As I mentioned earlier, there's an emphasis on accredited training as well as inspections being done by properly trained individuals.
The fact that all training must be done through an accredited body shows that the Department of Labour is trying to enforce more control over users of driven machinery. It's also a way for them to weed out those who aren't competent to use, inspect or train on the driven machinery as well as a way to guard against health and safety incidents relating to machines!
It also places a higher standard of responsibility on you as an employer. You must make sure you go through the right channels when training the operators and inspectors of driven machinery.
The only benefit I can see is that we'll hopefully notice a drop in incidents relating to driven machinery after 30 September 2015.
Let's see if this Regulation ACTUALLY does come into effect on 30 September 2015, of it's going to be moved again...
Make sure you're complying with the Construction Regulation implementation in August. Get your complete Construction Regulations 2014 guide.