Be prepared in an emergency situation

Emergency evacuation planning is an essential part of preventing injuries and ensuring the safety of your employees in emergency situations. Imagine what could happen if a fire extinguisher isn’t working when there’s a fire, or an emergency exit door is locked in an emergency.

 

It’s an employer’s duty to identify all possible emergency situations, prepare for dealing with emergencies and to make sure all employees know what to do by (OHSAct Section 8 Duty of the Employer to create and maintain a healthy and safe workplace):

• Providing clear instructions and information;
• Holding regular practice drills; and
• Conducting regular inspections of emergency equipment and escape routes.

 

Appoint competent employees to deal with emergencies

 

These appointments must include:

- An emergency controller: to take control and make sure the emergency plan is working.

 

- Evacuation wardens: to make sure everyone in the building is evacuated and moved to a safe place.

 

- First aiders: to help anyone that is injured and make sure disabled employees are evacuated and moved to a safe place.

 

- Fire fighters: to extinguish fires.

Draft Driven Machinery Regulations, 2010 promulgated in terms of the Occupational Health and Safety Act, Act 85 of 1993 ("OHSA")

Introduction

The Minister of Labour has promulgated draft revised Driven Machinery Regulations (the draft regulations'). These draft regulations seek to repeal GNR 1010 of 2003 (it is assumed that this is reference to the Driven Machinery Regulations contained in the OHSA, albeit that this reference is incorrect. GNR 1010 of 2003 in fact refer to the previous amendments to the Driven Machinery Regulations which were in fact promulgated under GNR 295 of 26 February 1988. This will be an aspect on which clarity will be sought through interaction with the Department of Labour).

We have set out below the pertinent amendments and/or additions to these draft regulations for your information. If you would like a full text copy of Government Gazette Number 9479 of 4 March 2011 with Regulation Notice 163, for your records please contact us and we will forward a copy to you.

Scope of application

The draft regulations specifically state that these regulations shall apply to the design, manufacture, operation, repair, modification, maintenance, inspection and testing of driven machinery. The current Driven Machinery Regulations are silent in this regard.

Sanding machines

The draft regulation 9(8) requires the user of machinery used for the purpose of grinding, cutting, fettling, polishing or similar applications shall ensure that the operators of such machines are duly trained.

This is an additional requirement included in respect of specific training required to be provided, over and above training required to ensure compliance with section 8 of the OHSA. Employers and users of machinery will have to ensure that a specific system is implemented in terms of which this specific training is formally provided and that the employer or user is able to demonstrate to the Department of Labour that this has been complied with.

Slitting machines

Where the current regulations require that effective guarding is provided the draft regulations provide further directions regarding the nature of this effective guarding. The user of machinery will be required to ensure, in terms of draft regulations 11(2) and 11(3) that fixed guarding or enclosures prevents access to the machine and that access points must be controlled by an interlocked safety device which device must prevent or arrest the motion of the machine when activated by unauthorised entry.

Goods hoist

The current regulations governing the use of goods' hoists in regulation 17 do not appear in the draft regulations, nor have they been replaced. The definition of lifting equipment in the draft regulations specifically excluded goods' hoists and it appears as though this equipment may no longer be regulated by the Driven Machinery Regulations.

Lifting machines and lifting tackle

A number of amendments are proposed to the regulations governing lifting machines and lifting tackle, which amendments will require the employer or user of machinery to amend current systems and/or implement additional systems to ensure compliance. In summary, the following additional requirements have been placed on employers or users of machinery in the draft regulations:

in addition to the requirement that no user shall use or permit the use of a lifting machine unless it has at all times at least three full turns of rope on the drum of each winch, which forms part of such a machine when such a winch has run to its lowest limit (as contained in the current Driven Machinery Regulation 18(1)(c),) the draft regulations require the user of machinery to ensure that the winch is controlled by an automatic cut out device. It is however noted in the draft regulations that this draft sub regulation will not apply to capstan type winches;

the user will be required to ensure that every power driven lifting machine is fitted with a limiting device that will cause the driving effort to be automatically arrested when the load condition is greater than the rated load condition of such machine. This requirement currently only applied, in driven machinery regulation 18(2)(b) to winch operated lifting machines with a lifting capacity of 5000 kg or more;

the thorough examinations to the whole installation and all working parts of every lifting machine will, under the draft regulations, also include ancillary lifting equipment. In addition, where under the current Driven Machinery Regulations this test must be carried out by a person who has knowledge and experience of the erection and maintenance of the type of lifting machine involved, the draft regulations require that this test is carried out by a registered Lifting Machinery Inspector appointed by a registered Lifting Machinery Entity who has knowledge of the erection and maintenance of the type of machine. However, the draft regulations state that mobile cranes will be excluded from the performance tests after each re-deployment;

no user of machinery shall use, or permit the use of temporary suspended access platform installations unless it complies with a safety standard with respect to its construction, installation, operation and inspection incorporated into the draft regulations for this purpose;

the current Driven Machinery Regulations, in regulation 18(8), require that no user shall use or permit any person to be moved or supported by means of a lifting machine, unless such machine is fitted with a cradle approved for that purpose by an inspector. The draft regulation amend this requirement and will require the used of machinery to ensure that any lifting machine used for the lifting of persons is fitted with a man-cage designed and fabricated according to an approved SANS standard and that a risk assessment is carried out by the user;

the requirements is respect of jib cranes, contained in current Driven Machinery Regulation 9 have been amended in the draft regulations to apply to all power driven lifting machines; and

the draft regulations require the factor of safety required for lifting tackle with respect to the maximum mass loads to comply with the SANS standard rather that the specific reference to safety factors as currently contained in Driven Machinery Regulation 18(10)(c)

Conclusion

The draft regulations provide greater clarity in respect of the obligations placed upon the employer or user of machinery. However, this in turn creates an additional onus for the employer or user of machinery to ensure that specifications in the incorporated standards are in place and that the employer or user remains abreast of the requirements as contained in the various SANS standards.

Written by Warren Beech, Partner and Kenneth Coster, Partner at Webber Wentzel

Are you ready for the Consumer Protection Act?

The Consumer Protection Act, 2008 (the CPA) is coming into force on 31 March 2011. It will have a significant effect on the supply of goods and services. The act will also regulate the relationship between suppliers and consumers in detail.

One of the most controversial provisions of the CPA relates to the liability of suppliers. If someone supplies goods, and those goods cause harm to the consumer, the supplier will be liable for the harm. This will be the case even if the supplier was not negligent. Further, all parties in the supply chain can be held liable by the consumer. This includes the manufacturer, the wholesaler and the business that sells the goods to the public.

Suppliers must also take note of the standard warranties that will apply to goods supplied to consumers. These warranties cannot be excluded. When the CPA is in force, consumers will have the right to receive goods that:

• are reasonably suitable for the purposes for which they are intended;

• are of good quality, in good working order and free of any defects;

• will be useable and durable for a reasonable period of time, having regard to certain factors; and

• comply with any applicable standards set under the Standards Act, 1993.

The CPA also deals with the marketing of goods. Consumers will have the right to restrict unwanted direct marketing (this will include promotional e-mails and telesales). Further, if a consumer bought goods as a result of direct marketing, the consumer will be entitled to cancel the sale of those goods within a specified period.

A supplier will have to ensure that its packaging and/or labelling complies with the CPA’s requirements. The Minister of Trade and Industry will prescribe certain information or descriptions that must be applied to specific goods. In addition, the CPA has strict requirements relating to the disclosure of the price of goods. If goods are displayed for sale, the supplier must also display the price of those goods at the same time.

When it comes to promotional competitions, suppliers will in future have to ensure that they follow the provisions of the CPA in this regard. For instance, the CPA contains certain requirements regarding the rules of promotional competitions. It also regulates the consideration payable by consumers for entering into competitions.

Another important aspect of the CPA relates to business names. In future, a supplier will not be able to trade under a name, unless:

• in the case of an individual, that name is displayed in his or her identity document;

• in the case of a juristic person (e.g. a company), the name is registered; or

• name is registered in terms of the process prescribed by the CPA.

These issues are just some of those that are dealt with in the CPA. It is important for all businesses to make sure that they are ready for the CPA. They will have to take steps to mitigate their risks against the CPA’s strict liability provisions. In addition, the wording of standard documentation should be checked for compliance with the act.

Written by Danie Strachan at Adams & Adams Attorneys. Contact: danie-s@adamsadams.co.za.