| (1) |
The user shall ensure that every lift, escalator or passenger conveyor is inspected and tested in accordance with the relevant health and safety standards incorporated into these Regulations under section 44 of the Act— |
| (a) |
before such lift, escalator or passenger conveyor is put into use for the first time; or |
| (b) |
after any modification has been effected; or |
| (c) |
after any failure has occurred; or |
| (d) |
whenever there has been a change in the competent lift service provider; and |
| (e) |
at intervals not exceeding 24 months thereafter, or at shorter intervals according to in-house risk assessment, by an inspection service provider who shall complete a comprehensive report separately for each lift, escalator or passenger conveyor so inspected and tested, and such inspection service provider shall date and sign such report and submit it within 30 days to the user, who shall keep the report in a safe place and a copy of the report in the machine compartment. |
| (2) |
If an inspection or test carried out by an inspection service provider on a lift, escalator or passenger conveyor shows that any defect or weakness exists whereby persons are endangered, the inspection service provider shall report such defect or weakness forthwith to the user, the competent lift service provider and the provincial director, and no person shall be conveyed or allowed to be conveyed in or on such lift, escalator or passenger conveyor until such defect has been rectified to the satisfaction of the inspection service provider. |
| (3) |
If a comprehensive report in accordance with a health and safety standard incorporated into these Regulations under section 44 of the Act shows a defect or weakness not considered under subregulation (2) the user shall rectify such defect or weakness. |
| (4) |
A comprehensive report for a lift, escalator or passenger conveyor shall be completed when— |
| (a) |
the lift, escalator or conveyor is put into use for the first time; |
| (b) |
any modification to the lift, escalator or conveyor has been effected; |
| (c) |
a reportable incident in terms of section 24 of the Act occurs; |
| (d) |
there is a change in the designated competent lift service provider; and |
| (e) |
at intervals not exceeding 24 months thereafter. |
| (5) |
When an inspection or a test is conducted by an inspection service provider the inspection service provider shall ensure that all the documents and records required in terms of regulation 8 are kept in good order and are up to date. |
| (6) |
An inspector may at any reasonable time inspect any lift, escalator or passenger conveyor, and the user shall place, free of charge, at the disposal of the inspector any workmen and equipment that may be reasonably required by the inspector for the purpose of carrying out such inspection. |
| (7) |
An inspection service provider who wishes to avail himself or herself of designation as such by the user of a lift, escalator or passenger conveyor in order to carry out an inspection in terms of this regulation, shall register with the accreditation authority. |
Notes:
| (a) |
Annexure formats have been developed for different types of lifts and are available in the relevant standards published by SABS. |
| (b) |
The installation must however comply with the standard which was applicable at the time of installation or modification. |
| (c) |
Refer to Section 24 of the OHS Act with regards to failures |
| (d) |
The owner is under obligation to ensure an in -house risk assessment is conducted. |
| (e) |
The 24 month interval for the inspection and test may be reduced as a result of risk assessment conducted by the owner /user. |
| (f) |
SANS 14798:2009 can be used as a guide on how to conduct risk assessment. |
| (g) |
Use the guidance template developed for reporting of defects. This template does not replace the comprehensive report. See attached template A |
| (h) |
The intention of the requirement of reporting of defects or weaknesses is to inform DoL that the person's life can be endangered. |
| (i) |
Provincial director is the most senior official of the department in the province and is based at the provincial office. |
| (j) |
It is the owner's obligation with regards to the safety of the equipment. |
| (k) |
Inspection service providers do not have the same power as inspectors. |
| (l) |
Inspection service providers must ensure that the equipment is switched off. |
| (m) |
Situations where customers /owners fail to attend to the non compliances, reflected on the comprehensive report, must be reported to the relevant DoL, Weakness or defect |
Below is a list of critical (life threatening) items that must be reported to DoL,
Key components of a lift that may endanger persons: Existing lifts
| b. |
Door fastenings /hanger /slippers |
| c. |
Door detectors /door protection |
| h. |
Overspeed governor/ Safety gear |
| j. |
Ropes /traction sheave |
| l. |
Illumination in the car and landing |
| m. |
Excessive thrust or gear/ drive shaft wear |
Escalators
| e. |
Hand rail entry switches |
| (n) |
Inspector means an inspector from Department of Labour. |
| (o) |
An inspector could inspect a lift as a result of a complaint reported to DoL or as part of routine inspections. An inspector can inspect a lift to ensure compliance. An inspector can also inspect a lift especially a new installation to verify that (commissioning has been done and all the necessary documentations including annexure are in place. |
| (p) |
South African National Accreditation System is the national body mandated to accredit inspection service providers. |
This accreditation ensures that inspection service providers are competent to carry out inspections and tests on lift, escalators or passenger conveyors.
| (q) |
This requirement became mandatory on 1 December 2012. Refer to Regulation 12. |
Medicines and Related Substances Act, 1965
