Driven Machinery Regulations, 1988

National Code of Practice for the Evaluation of Training Providers for Lifting Machine Operators

Scope:

This Code of Practice is to provide clarity and direction to all stakeholders directly or indirectly related to the accreditation and provision of training to lifting machine/equipment/equipment operators in South Africa.

The code of practice sets out the requirements to the accreditation criteria of the authorised body, subject to meeting the South African Qualifications Authority: “Criteria and guideline for providers”.

The Code of Practice requires that all lifting machine/equipment Operators are trained regardless of the capacity of the lifting machine / equipment by accredited providers.

Further, the code of practice covers the criteria and guidelines for lifting machine/ equipment operator facilitators, assessors and providers. Also including the prerequisites for approved learningltraining programmes, facilities and equipment to train an operator to a certain level of competence for a specific type of lifting machinelequipment.

The Authorised Body has been empowered to categorise for purposes of issuing Certificates of Competence, those lifting machine/equipment falling outside the specific codes but within the broad classification of lifting machine/equipment. The Code of Practice sets standards of training and operation and provides direction and guidance to achieving accreditation and approval as an Accredited Provider.

For clarity the relevant extract from regulation 18 (1 1) of the Driven Machinery Regulations as amended, is appended: Appendix 10.

Where other Occupational Health and Safety legislation is applicable these must be applied.

The authorised bodies shall be consulted by the National Standards Bodies prior to approval of unit standards for operators of lifting machine/equipment.

Definitions:

For purposes of The Code of Practice the following definitions shall apply: -

Accredited Provider
Means a body, which delivers learning/training programmes, which culminate in specified National Qualifications Framework standards or qualifications, and manages the assessment thereof, accredited by an authorised body and approved by the Chief Inspector in terms of the Driven Machinery Regulations.

Accredited Providers shall be one of the following:

     a) Sole Proprietor / Legal Entity Training Organisation.
     b) In-House Training Division of a company or corporation.
     c) Training Division of an equipment supplier company.

Assessment.
Means the process of collecting evidence of learner’s work to measure and make judgements about the achievements or non-achievements of specified National Qualifications framework standards and/or qualifications and of this code of practice.

Audit
Means the process undertaken to measure the quality of products or services that have already been made or delivered;

Authorised Body
Means a body accredited in terms of section 5(l)(a)(ii) of the South African Qualifications Authority Act, 1995 (SAQA Act), responsible for monitoring and auditing achievements in terms of national standards or qualifications, and to which specific functions relating to the monitoring and auditing of national standards or qualifications have been assigned in terms of section 5(l)(b)(i) of the Act, and hold authorisation by the Chief Inspector in terms of the Driven Machinery Regulation 18.

Board
Means an executive structure of an Authorised Body, in this context ‘Council’ will have a similar meaning.

Certificated Operator
A holder of a valid certificate of competence.

Certificate of Competence
A certificate issued by an accredited provider or authorised body, to a person who has demonstrated competence in a specific category of equipment according to the assessment criteria of the applicable unit standardls and the criteria of this Code of Practice.

Lifting Machine/Equipment Codes
The lifting machine/equipment codes denote the different types of lifting machine/equipment that are covered under this Code of Practice primarily lift-trucks (also known as forklift) and cranes. The unique codes for the different machine types are identified in Appendix 3. See Appendix 12 for typical illustrations.

Management Representative
A person employed by the Accredited Provider to administer and, control the functionality of the provider in accordance with the provisions of the Code of Practice.

Moderator
Means the person, body or organisation that is registered by the relevant authorised body in accordance with criteria established for this purpose by a Standards Generating Body and that ensures the assessment of the outcomes as described in the National Qualifications Framework Standards andlor qualifications, and this Code of Practice, is fair, valid and reliable.

Quality Management System
Means the combination of documented processes used to ensure that the degree of excellence specified is achieved.

Registered Assessor
Means the person who is registered by the relevant authorised body in accordance with criteria established for this purpose by a Standards Generating Body to measure the achievement of specified National Qualifications Framework Standards or qualifications and the criteria of this Code of Practice, and “constituent assessor” has a corresponding meaning.

Facilitator
Means’a person who facilitates learning processes, activities, manages and administers assessments.

Regulations
Means regulations as published under the Occupational Health and Safety Act, Act No.85 of 1993) and shall include other relevant legislation.

Unit Standard
Means the applicable unit standard for operating lifting machine/equipment registered on the National Qualifications Framework by the South African Qualifications Authority

Duties of authorised bodies:

1. The authorised body shall appoint an Accreditation Committee to regulate the accreditation functions under the guidance of an appointed competent person.

2. At least four (4) of the members serving on an Accreditation Committee shall be subject matter experts relevant to the lifting machine/equipment codes and training.

3. The accreditation committee shall make final recommendations to the Board of the Authorised Body for final accreditation approval. After accreditation, the Authorised Body shall forward a copy of the accreditation certificate and relevant details of the accredited provider, to the Chief Inspector for approval under the applicable regulation.

4. The authorised body shall maintain the latest information on the accredited provider's, and shall forward such listings on request or at least every three months to the Chief Inspector. The following information fields are to be included; registered name of provider, postal and physical address, contact name, contact numbers, and accredited codes.

5. The authorised body shall at the last working day of January of each year or as may be requested provide the following returns for the previous calendar year to the Chief Inspector;

   1. the number of new accredited providers;
   2. the number of routine assessments and audits of accredited providers;

   3. the number of certificates of competence issued both new and retrained, per code of lifting machine/equipment.

6. The authorised body shall conduct periodic audits of accredited providers to verify compliance to the Code of Practice. Provided that audits shall be conducted at intervals not exceeding 12 months or as determined by the Authorised Body to verify compliance to the Code of Practice.

7. The authorised body is empowered to suspend or withdraw the accreditation of a provider after a fair process for non-conformance with the accreditation criteria. The Authorised Body shall forthwith notify the Chief Inspector of any suspension or withdrawal.

Duties of accredited providers

1. Accredited providers shall hold valid accreditation issued by an authorised body, in terms of the SAQA Act, and approval from the Chief Inspector, in terms the Driven Machinery Regulation 18, as published under the Occupational Health and Safety Act 1993.

2. An accredited provider’s management representative shall be responsible for the implementation and maintenance of a Quality Management System (QMS).

3. The QMS shall address the “Criteria and Guidelines for providers” (as published by SAQA) and the following -

   1. The management representative’s delegated duties and responsibilities, including the authorisation of all certificates of competence.
   2. The delegation of functions and scope of responsibilities for registered facilitator/s or assessor/s under the supervision and control of an accredited provider, to maintain assurance of management’s support for independent actions and decisions.
   3. The accredited provider shall ensure that all assessments are carried out with integrity. Measures shall be implemented to ensure that the accredited provider and its staff are free from all pressures; financial or otherwise that could influence their judgement.
   4. A clearly defined written policy and procedure for the resolution of any conflict that may arise from clients or other parties about the activities of the accredited provider.
   5. The accredited provider shall ensure confidentiality of all information obtained in the course of its activities. Proprietary rights shall be protected.
   6. The accredited provider shall conduct internal moderation on all aspects of its scope of accreditation. A procedure clarifying whom, when, what and how regarding the internal moderation process shall be conducted.

Field of activity

1. The field of activity and extent of the services for which the provider has been accredited and approved shall be detailed in the accreditation document issued by the authorised body. An accredited provider shall not provide training on any lifting machine/equipment code and extent of services other than those for which the provider holds accreditation and approval.

2. The training provided must lead to the competent operation of the lifting machine/equipment within the specific code.

3. Where certification is provided by an accredited provider at premises other than those inspected and approved by the authorised body, then full details of the facilities and equipment used shall be recorded in the format of the facilities check sheet as detailed in Appendix 8.

Training system documentation

1. The accredited provider will keep available for inspection and audit the following documentation and information -

   1. An approved learning programme for each accredited lifting machine/ equipment code;
   2. Learner material or course notes per learning programme, which shall include safety rules, checklists, load charts and illustrations of machine components;
   3. Theoretical continuous (formative) and final (summative) assessment documents, including model answers for each lifting machine / equipment code;
   4. Practical assessment documents, including assessment mark sheets for each category code;
   5. Attendance register, with provision for learner and facilitator/assessor signatures for each day of training;
   6. A training register to record all certificates issued and shall include; certificate serial number, date of issue, recipient’s name, recipient’s identification number, employer name, lifting machine / equipment codes, facilitator/assessor’s name and accreditation number;
   7. The relevant information required in accordance with SAQAs National Learner Record Database; and proof of submission to the ETQA;
   8. The portfolio of competence of each learner is to include a signed copy of the learner’s identity document and a copy of the certificate(s) issued; and Page 11 G05-006465-8
   9. The evidence of the training register shall be submitted on request and as specified by the authorised body;

Records and retention

1. All learner records shall be maintained by the accredited provider for a minimum period of three (3) years and the records shall be accessible during this time for inspection by the authorised body and Department of Labour.

2. The authorised body will similarly retain for three (3) years all its relevant records.

Training course duration

1. The accredited provider shall ensure that every learner is granted sufficient theoretical and practical training to enable the learner to attain the prescribed competency level according to the assessment criteria of the applicable unit standard. The training course duration and instruction conditions may vary according to previous certification of the learner, as indicated below:

2. Learners without prior training or experience applicable to a specific lifting machine/equipment code -

   1. Shall be trained for a minimum of 40 hours, of which a minimum of 50 percent shall be devoted to practical operating instruction;
   2. The ratio of learners to facilitator shall not exceed 4:l for theory training; and

   3. The ratio of learners to demonstration/practical training per machine shall also not exceed 4:l and all operator training must be subject to direct facilitator supervision.

      Notes:

   • Operators without a valid certificate/carry card shall not operate the relevant lifting machine/equipment in the working or operating environment.
   • Operators of immovable machines (area specific) may be trained/assessed in the working or operating environment only under the direct and constant supervision of a facilitator/assessor and the work area is safe and safeguarded.

   • Should the operator not meet the prescribed unit standard competency further training must be arranged, for the learner to achieve the particular outcome/s.

3. Operators with previous certification -

   1. Operators previously 'certified under the Driven Machinery Regulations whose certificates have expired or are due to expire, shall be subject to re-certification training. Provided the re-certification route for an expired certificate is only applicable if the original certificate expired within a maximum period of 90 calendar days. The re-certification training shall comprise a minimum of 4 hours theoretical instruction with special focus on safety and 1-hour practical training and assessment under a ratio of 1 :1 instructor/assessor supervision.
   2. The ratio of learners to facilitator shall not exceed 4:1 for theory training; and

   3. The ratio of learners to demonstration/practical training per machine shall also not exceed 4:1 and all operator training must be subject to direct facilitator supervision.

      Notes:

   • Operators without a valid certificate shall not operate the relevant lifting machine/equipment in the working or operating environment.
   • Operators of immovable machines (area specific) may be trained/assessed in the working or operating environment only under the direct and constant supervision of a facilitator/assessor and the work area is safe and safeguarded.
   • The 1-hour practical training and assessment period must includesufficient practical preparationltraining of the operator before any assessment.
   • Should the operator not meet the prescribed unit standard competency further training must be arranged, for the learner to achieve the particular outcome/s.

Entrance qualification conditions

1. All learners of whatever status must be physically capable of performing without difficulty the tasks involved in operating the lifting machine/equipment for which they are to receive training or re-certification training and are at least 18 years of age.

2. Before commencing training or re-certification training every learner shall provide the accredited provider with the following:

   1. A declaration from the employer confirming the physical and psychological fitness of the learner to undergo the intended training;
   2. An optometrist's certificate confirming the learner has adequate day and night vision, and depth perception (e.g. Purdue University standard vision test No. 3): Provided that a valid Professional Driver’s Permit can also be accepted in lieu of the optometrist certificate and physical fitness of the learner to undergo the intended training; and
   3. Shall wear the required personal protective equipment as prescribed by the employer under the General Safety Regulation 2 of the Occupational Health and Safety Act.
   
   

3. All new entrants intended under this code will require to hold at least a General Education and Training Certificate Grade 9 (Std 7 - equivalent ABET)

Accreditation requirements for personnel

1. Every application for accreditation must demonstrate that the organisation has in the employ persons holding the criteria and qualifications for the appointment as management representative, registered facilitator/assessor.

2. Every accredited provider shall appoint in writing a full time employee as a management representative.

3. Every accredited provider shall appoint in writing all registered facilitators/ assessors.

   Management Representative

   1. The management representative shall be empowered with the necessary authority to ensure that the provisions of the Code of Practice are implemented and maintained.

   2. The accredited provider shall within 7 days notify the authorised body in writing regarding any changes to the management representative.

   Registered Facilitator

   A registered facilitator is a person holding registration by the authorised body having complied with the following -

   1. Holding a valid certificate of competence for each lifting machine/equipment code in which instruction is given: Provided that in cases continuous training for a particular lifting machine/equipment code the re-certification criteria as an certificated operator may be relaxed/lapsed by the Authorised Body but limited to a maximum period of three (3) years; The duration of initial training for a facilitator shall be at least the same as for a novice operator plus documented 120-hours practical experience.
   2. Demonstrating competence in the following unit standards for providing training as evaluated by the authorised body;
          i. Coach Learners - numbered 9926
          ii. Prepare Learning Aids - numbered 9953
          iii. Facilitate Targeted Skills Development - numbered 9956
   3. Knowledgeable of this code of practice; and
   4. Who is under the supervision and control of an accredited provider

   Registered Assessor

   A registered assessor is a person holding registration by the authorised body having complied with the following -

   1. Demonstrating competence in the following unit standards for providing assessment as evaluated by the authorised body;
      i Plan and Conduct Assessments - SAQA ID 7978 or as amended.
   2. Knowledge of this code of practice;
   3. Demonstrate subject expertise in the category being assessed; and
   4. Have a valid certificate of competence.
   5. Conduct assessments under the auspices of an accredited provider.



4. In the event of personnel vital to the performance of the accredited provider leaving their employment, accreditation shall be suspended for the specific codes until the accredited provider can prove by assessment that the replacement staffs meet the requirements.

Training facilities and course requirements

1. The following facility requirements are to be provided for training -

   1. Lecture and practical training facilities; and
   2. Suitable audio-visual equipment in accordance with the NQF approved
      Learning Materia/Programme which may include
          i. Overhead Projector;
          ii. Video cassette recorder and Monitor or similar; or
          iii. Flip Chart or White Board.

Learning programme requirements for all categories

1. The accredited provider shall ensure that -

1. The approved learning programmes for the lifting machine/equipment codes offered must be aligned to Appendix 1 & 2 of the National Code of Practice and to the applicable unit standard/s; Each learner receives a condensed learner handbook, which includes component illustrations, safety rules, load charts and checklists;
2. The practical and theoretical assessment tools aligned to the unit standard/s; and
3. Demonstrate the revision of learning programmes to reflect any changes in the applicable units standard/s and this code .of practice, within 90 days of the gazette date or published date.