Driven Machinery Regulations, 1988

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

Appendix 10:

The following legislation and definitions relate to to this Cope of Practice.

Occupational Health and Safety Act,1993 (Driven Machinery Regulations.) Regulation 18 (1 1)

The user shall ensure that every lifting machine is operated by an operator specifically trained for a particular type of lifting machine: Provided that in the case of a lift truck with a lifting capacity of 750 kg or more and jib-cranes with a lifting capacity of 5000 kg or more at minimum jib radius, the user shall not require or permit any person to operate such a lifting machine unless the operator is in possession of a certificate of training, issued by a person or organization approved for the purpose by the Chief Inspector.
[Date effective 01 October 1993 - G.N.R.2483 of 4 September 1992]

Definitions

Lifting Machine means a power-driven machine designed and constructed for raising or lowering a load or moving it in suspension, and includes a block and tackle, hoist, crane, lift truck orjib crane, but does not include an elevator, escalator, goods hoist or builders hoist.

Jib crane means any crane of which the load is supporfed by a projecting horizontal or inclined member, known as a jib.

Lift truck means a mobile lifting machine but does not include-

  1. a vehicle designed solely for the purpose of lifting or towing another vehicle;
  2. a mobile earthmoving machine; or
  3. a vehicle designed solely for the removal of a waste bin;

Lifting Tackle means chain slings, rope slings, hooks, shackles, swivels, spreaders or similar appliances.

Appendix 11: Managerial responsibilities

1. The person legally responsible for ensuring that the provisions of the Occupational Health and Safety Act and Regulations of 1993 are implemented on behalf of the employer is the Chief Executive Officer (C.E.O.).

2. In the case of a company without a board of directors or a closed corporation, the Owner will be the C.E.O.

3. In the case of a State department, the C.E.O. is the Director-General, not the Minister. [Section 76 of fhe OHS Act, 1993].

4. It is therefore incumbent upon the C.E.O. that proper information, instructions, training and supervision, as far as practicable are provided for the health and safety of employees. [Section 8 (e) offhe OHS Acf, 1993].

5. The necessary enforcement measures to assure the health and safety of employees are effected through a chain of command structure.

6. All lifting machine operators must be informed about what they are allowed to do. [Secfions 8 0) and Section 37(l)(b)].

7. The C.E.O. must ensure that a health and safety management system is in place to give effect to the provisions of the Act and regulations.

10. Anyone delegated by the C.E.O. to perform certain duties regarding information, instructions, training and supervision for employees, through the management chain of command structure and who omits to do so is contravening the Act and regulations and may be prosecuted.

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