General Machinery Regulations

The aim of the Occupational Health & Safety Act 85 of 1993 (OHS Act) is to provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; and the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work.

Section 43 of the OHS Act, i.e., General Machinery Regulations 2.1, requires employers or users of machinery to appoint a competent person to supervise machinery. However, the required competency level depends on the sum of the power generated by machinery on or in the premises in question and the power derived from other sources.

It is important for employers or users of machinery to know that the OHS Act is enforced by the Department of Employment and Labour, whose inspectors may:

  • Enter any workplace without prior notice,
  • Request any document,
  • Inspect any condition, process, plant, or article,
  • Take samples or seize any article, and
  • Question or summon any person within the workplace.

Kurumeng understands that some employers or users of machinery might not have appointed a competent person as outlined above, and are possibly non-compliant with the OHS Act. In this regard, Kurumeng offers an OHS Act Legal Compliance consulting service that ensures infrastructure upkeep and safety compliance of machinery, plant, and facilities in general.

The following are the main deliverables for Clients:

  • Ensure that the Client complies with the provision and regulations of the Occupational Health and Safety Act 85 of 1993.
  • Ensure that the Client has implemented a system of preventive maintenance.
  • Ensure that all statutory machinery and equipment inspections are conducted and maintained.
  • Report all deviations and areas of non-compliance to the Client.
  • Ensure that the reporting structure as per the Occupational Health and Safety Act 85 of 1993 is adhered to.
Clients may invite Kurumeng for either a once-off or routine walk-about assessment/inspection, after which a compliance evaluation report will be issued. In addition, a follow-up inspection will be done to verify whether the remedial actions (if any) have been implemented by the Client and thereafter a compliance assessment letter will be issued to the Client.