Driven Machinery Regulations (DMR) Changes

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).

These Regulations come into effect on 30 September 2015.

CHANGES:While most of the content remains the same (with slight changes in wording and phrasing), some new content has been added and some old content has been amended. This is to bring the Driven Machinery Regulations in line with some of the principles seen in the Construction Regulations, 2014- a higher standard of governmental regulation and involvement.

DEFINITIONS:The following definitions have been added to the Driven Machinery Regulations:

• Block and Tackle;
• Competent Person;
• Hand-Powered Lifting Device;
• Load-Path;
• Safe Working Load;
• Thorough Examination;
• Training Provider.

The following definitions have been removed from the Driven Machinery Regulations:

• Anti-Repeat Device;
• Goods-Hoist.

The following definitions have been changed:

• Calendar changed to Calendar Rolls;
• Capstan Hoist changed to Capstan-Type Hoist;
• Lifting Machine Entity- Definition amended to include Regulation 19;
• Man Cage- Definition amended.

WHO DOES THIS DRIVEN MACHINERY REGULATIONS APPLY TO?
The scope of application has been amended to include persons who commission any driven machinery as well.

REGULATION 18:Regulation 18 now applies to lifting machines, lifting tackle and hand-powered lifting devices (previously not dealt with). The following salient changes have been made:

• The manufacturer must be identified and their details must be affixed to the machine itself;
• The requirements for examination of such machines have become far more stringent and 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 examination 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.

REGULATION 19:This is a new Regulation that deals with the approval and registration of Lifting Machine Entities.

REGULATION 20:This is a new Regulation that deals with the approval and registration of Training Providers.

REGULATION 21:This is a new Regulation that deals with the withdrawal of approval of a Lifting Machine Entity or a Training Provider.

REGULATION 22:This is the Regulation that replaced the old Regulation 19 which deals with offences and penalties. The imprisonment time has increased from 6 months to 12 months and the fine has become unspecified. There is also now an additional day of imprisonment that can be added to a sentence for a continuous offence.

REGULATION 23:This Regulation repeals 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.

IMPACT OF CHANGES:As previously stated, there is 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 indicates that the Department of Labour is trying to exercise more control over users of driven machinery. This is also a way for them to weed out those who are not competent to use, inspect or train on the driven machinery as well as a way to guard against health and safety incidents relating to these machines.

It also places a higher standard of accountability on an employer. The employer must make sure that he goes through the correct channels when training the operators and inspectors of driven machinery. Hopefully we will see a drop in incidents relating to driven machinery after 30 September 2015.

LINK TO GOVERNMENT GAZETTE NO 38905, 24 JUNE 2015

Article by Shavanya Subramoney via Sheqafrica.com