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Home      The Law in SA      New Legal Requirements for the Lifting Equipment Sector
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New Legal Requirements For The Lifting Equipment Sector

Companies trading in the lifting equipment engineering industry are required by legislation to be registered with the Department of Labour as Lifting Machinery Entities (LME’s). This law came into effect in February 2005. The law also required LME’s to register any personnel who perform load tests as Lifting Machinery Inspectors (LMI’s) by the deadline date of 29 September 2006. The LMI registration which is a process for individuals is completed through the statutory body, the Engineering Council of South Africa (ECSA).

The registration requirements for LMI’s include a considerable amount of technical knowledge as well as familiarity with safety and ethical standards. They are also required to have at least 5 years of lifting machinery engineering experience of which two years of engineering experience is in lifting equipment inspection and testing. These requirements were jointly decided on by the steering committee that consisted of volunteers nominated by the industry stakeholders. This process of consultation and the formation of the requirements commenced during 2005 and was completed in the third quarter of 2006.

Persons who did not apply for registration with ECSA as an LMI before the deadline date of 29 September 2006 are legally not permitted to carry out load tests and issue test certificates. The industry should comply to ensure that all lifting equipment is to be load tested by registered LMI’s. The registration process will eliminate non-competent practitioners, giving clients peace of mind and raising the safety of the industry.

LMI’s will conduct inspections and load testing of lifting machinery, such as cranes and forklifts etc as defined in the Driven Machinery Regulations (DMR) of the Occupational Health and Safety Act (No 85 of 1993).

Registered LMI’s will be allocated a registration number by ECSA, after successful assessment and registration.

In the last quarter of 2006 the ECSA received over 800 applications from individuals who wished to be registered as Lifting Machinery Inspectors. ECSA, through the efforts of its Registration Committee, which consists of nominated volunteers elected from the stakeholders, are at present evaluating the large number of applications received. This group has to peer assess each applicant against the stipulated technical and legal requirements.

Many of the applications received are not complete and do not contain all the information needed for the assessing process to be completed. It is thus of concern to have to report that incomplete applications are not considered for assessment. In the ongoing initial screening process applications that are not complete will merely result in the applicant receiving a letter from ECSA, which gives a brief indication of what information is missing. ECSA has already sent out a few hundred such letters. This letter notes only the obvious shortcomings found in the screening process and does not mean that a further request for additional information such as technical detail etc may not follow at a future date.

ECSA will not register applicants as LMI’s if they cannot demonstrate their commitment and skills in the first instance by submitting incomplete applications.

ECSA was requested by the Department of Labour (DoL) to administer the registration process. ECSA has the responsibility in terms of the Engineering Profession Act to ensure that persons registered are of the correct standard and conform to all the requirements as originally determined by the DoL and the industry stakeholders. It must be borne in mind that a LMI registration is a high level of recognition of competency and a great responsibility rests with such registered persons.

All the persons who have applied for registration as LMI’s with ECSA have been given a temporary concession by the Department of Labour to allow them to do LMI work only until the end of March 2007, thereafter they need to be registered to practice. (Refer Government Gazette, 10 November 2006, Mo. R. 1116).

ECSA has requested an extension on this date from the Department of Labour and awaits an official response.

Persons who apply for registration after the deadline date of 29 September 2006 or submitted incomplete applications may have to wait some months before hearing whether they were assessed as competent or not as their applications have to take their turn in the ongoing process.

 
This ARTICLE can be viewed on ECSA's website by clicking on the link: http://www.ecsa.co.za/index.asp?x=article&y=1  
 
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