Sparks Electrical News May 2015

distribution boards, switches, sockets and protection 13

The OHS Act: functions of the chief inspector and inspectors’ special powers Getting to grips with SANS 10142–1 by Hannes Baard THIS month we bid farewell to the Occupational

The flip-side is, of course, also true: you don’t have to take anything lying down if you believe there has been unfair action taken against you. Next month, we’ll look at the procedures for appealing against any decisionmade by an inspector of the Department of Labour who is act- ing under the above sections of the Occupational Health and Safety Act (Act 85 of 1993).

any reasonable time, enter premises to conduct even an unannounced ad hoc or‘surprise’inspec- tion, for instance when he passes a building site and decides to conduct an unannounced inspec- tion. He may freely inspect any book or record that has to be kept in terms of the Occupational Health and Safety Act. He may also seize such book or article that he deems not compliant with the Act and/or Regulations after issuing a receipt

in all spheres of life, therefore I’ll refrain. And so onto Section 28, which states:

Health and Safety Act (Act 85 0f 1993) – but not entirely…As I’ve explained over time, the Occupational Health and Safety Act is the‘starter’ or‘main’document concerning all things related to health and safety in the workplace and, particularly in our case, all things electrical. The Occupational Health and Safety Act also gives legislative life to particular industries by way of the Regulations, which formpart of the Act … but more about that a little later on. So, to partly conclude with the‘main body’of the Occupational Health and Safety Act (Act 85 of 1993) I will summarise a fairly large portion; in fact, I will condense Sections 29 through 34 that deal almost exclusively with the Department of Labour’s inspectors and inspectorate. What is of value to us in the electrical industry is to know that there are systems in place to deal with all kinds of things legal in terms of the Act. Let’s have a look at the sections…we’ll start with Section 27 as it appears in the Occupational Health and Safety Act: 27. Designation and functions of chief inspector (1) The Minister shall designate an officer serving in the Department as chief inspector for the purposes of this Act. (2) The chief inspector shall perform his functions subject to the control and supervision of the Director- General of the Department and may perform any function assigned to an inspector by this Act. (3) (a) The chief inspector may delegate any power conferred upon him by this Act, excluding a power referred to in section 35 (1) or delegated to him under section 42, to any other officer or authorize any such officer to perform any duty assigned to him by this Act. (b) No delegation of a power under paragraph (a) shall prevent the exercise of such power by the chief inspector himself. (4) Whenever the chief inspector is absent or unable to perform his functions as chief inspector or whenever the designation of a chief inspector is pending, the Minister may designate any other officer serving in the Department to act as chief inspector during the chief inspector’s absence or incapacity or until a chief inspector is designated. (5) Any person who immediately prior to the commencement of this Act was designated as chief inspector under section 19 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as chief inspector under subsection (1) of this section. The main thrust of this section is the fact that the Minister shall only appoint someone as chief nspector if this person is working for the Department at the time. It is interesting to note that it can be expected of the chief inspector to perform the duties of one of his inspectors. Does that ever happen? As stated in subsection (3) the chief inspector can delegate his duties, effectively getting his job done through others. I would love to be in a position to just pass onmy job and its responsi- bilities and get paid for it, too. I am tempted to elaborate on the state of affairs regarding com- munication and the follow-up of complaints by the Department (and, in particular, the inspec- torate) but right now there is enough negativity

28. Designation of inspectors by Minister (1) The Minister may designate any person as an inspector to perform, subject to the control and directions of the chief inspector, any or all of the functions assigned to an inspector by this Act. (2) Each inspector designated under subsection (1) shall be furnished with a certificate signed by or on behalf of the Minister and stating that he has been designated as an inspector: Provided that if his designation as inspector is limited to any particular function or functions, his certificate shall state such limitation. (3) Whenever an inspector designated under subsection (1) performs a function under this Act in the presence of any person affected thereby the inspector shall on demand by such person produce to him the certificate referred to in subsection (2). The main difference between Section 27 and Section 28 is the fact that the Minister can ap- point anyone as an inspector, as opposed to the chief inspector whomust be appointed from the pool of departmental employees. Another difference that should be noted is that inspectors can be appointed in a specific sector or industry, such as mechanical or electrical disciplines, for example. The following sections deal mainly with the duties and powers of the Department of Labour’s inspectors. As far as this part of the Occupational Health and Safety Act is concerned, it holds very little‘value’for us in the electrical industry, other than to give some insight into – andmake us aware of – our own responsibilities and duties.

Stay under the radar till next time… 66507_Sparks 2015-04-08T16:49:15+02:00

for that article or book. The OHS Act also allows an inspector to ask for assistance from an inter- preter, a member of the South African Police or any other assistant, when required, to accompany him/her when he/ she performs his/her functions in terms of the Act. And quite frankly, I would wear a bullet proof vest, too. It then stands to reason that an inspector can issue a prohi- bition notice compelling the contractor to stop work and/or fence off or barricade an area in a workplace or machinery when he finds anything unto- ward. He may even go as far as disconnecting the power and sealing the switchgear. After conducting an investigation, an inspector may also hand over his findings to the Attorney General for further action. Does this ever happen? And are prohibition notices ever issued – such as stopping an electri- cal contractor from any further work when he does not have properly qualified workers or an Accredited Person on site? Something to remember is that no-one may refuse to an- swer any reasonable question put to himor her during the course of an investigation and to assist the inspector to the best of his or her ability.

The sections are listed below… 29. Functions of inspectors. 30. Special powers of inspectors. 31. Investigations. 32. Formal inquiries. 33. Joint inquiries.

34. Obstruction of investigation or inquiry or presiding inspector or failure to render assistance. The above comprises a good seven pages of prescriptive and very detailed information, which I will attempt to summarise: An inspector can, at

Three year tender to supply circuit breakers to Eskom awarded

VOLTEX LSis, Midrand has been awarded a tender to supply electronic trip unit circuit breakers to Eskom. This tender is a three-year contract to supply LSis Susol electronic moulded case circuit breakers and 125 A single-pole miniature circuit breakers to Eskomnationally. Susol electrical products are manu- factured by LS Industrial Systems the industrial division of the LG Group – a Korean-basedmanufacturer of switch- gear andmotor control products in southern Africa. Bruce Clegg, salesmanager at Vol- tex LSis Midrand, explains,“The Susol products’superior features, quality and versatility were certainly key aspects that contributed to these products being selected for this tender.” He says key fea-

tures include an electronic trip unit, which ismore reliable than thermal magnetic trip units, the current setting lr (A) is adjustable to 0.4 of full load current (SLC) and it offers a long time overload protection and trip- ping delay, td (SEC). Clegg says,“The ability to adjust the am- perage to suit requirementsmakes these units exceptionally versatile.” Voltex LSis is one of the specialist divisions within the Voltex Group and is the sole agency for LS Industrial Systems, part of the LGGroup. The product offering includesmin- iature circuit breakers, moulded case circuit breakers, air circuit breakers, motor manual starters, contactors, resin core transformers, star delta panels and a vari- ety of other products. Enquiries: +27 11 314 0620

The GRID What is it? PROVEN RELIABILITY AND READILY AVAILABLE SWITCHGEAR TO MEET ALL YOUR NEEDS

The GRID is a graphic element that helps to create the ZEST indentity. Derivative of the proportions of the logo, it is based on a proportion of width and height of 2-to- 3. The distance between the GRID elements is 1/3 of the height of an element.

LV Switchgear Range Awarded the SABS mark

www.zest.co.za +27 11 723 6000

sparks

march 2015

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