On 17 September 2010 the Minister of Labour, in terms of section 43 of the Occupational Health and Safety Act, 85 of 1993 ("OHSA"), published regulations which will replace and repeal the Lift, Escalator and Passenger Conveyor Regulations promulgated under GNR 797 of 29 April 1994, ("old Regulations").

The Lift, Escalator and Passenger Conveyor Regulations, 2009 published in GNR 828 of 17 September 2010 (“new Regulations”) will come into effect on the 30th of November 2010, save for sub-regulation 6(7) which pertains to the registration of inspection service providers with an accreditation authority. This sub-regulation will only commence on the 1st of December 2012.

The new Regulations apply to any person who has a permanent lift, escalator or passenger conveyor on his or her premises or any person who carries out work on lifts, escalators or passenger conveyors.

We highlight hereunder some of the more significant amendments reflected in the new Regulations.

The first amendment relates to the maintenance of lifts, escalators and passenger conveyors.

• Whereas the old Regulations stated that a competent person or a firm employing a competent person has to examine and maintain lifts, escalators or passenger conveyors on a monthly basis or at longer intervals as may be prescribed by the manufacturer, the new Regulations no longer permit a competent person to perform maintenance on any lifts, escalators or passenger conveyors.

• Further, in terms of the old Regulations, examinations must be done on all the parts prescribed by the relevant manufacturer and the door locks and gates of all lifts must be inspected monthly, whilst the suspension ropes must be examined every six months. The new Regulations prescribe that maintenance and examinations may now only be performed by a competent lift service provider being a person who employs competent lift mechanics or who is a self-employed competent lift mechanic who contracts with the user of lifts, escalators and passenger conveyors for purposes of maintaining and inspecting same.

• Moreover the new Regulations now specify that the lift’s safety gear, over speed governor and buffers must be tested at intervals not exceeding 12 months.

• Subregulation 7(6) of the new Regulations now also places an obligation on all lift service providers to immediately inform the provincial director if it is found that any lift, escalator or passenger conveyor is being operated without a valid comprehensive report.

The second amendment pertains to the interval period of inspections and tests to be performed on lifts, escalator and passenger conveyors. This interval period has been shortened from 36 to 24 months. The new Regulations also list additional circumstances where inspections should be done, for instance when a failure has occurred or whenever there has been a change in the competent lift service provider. It is further to be noted that these inspections may no longer be conducted by registered persons (i.e. persons registered with the Engineering Council of South Africa) but must be performed by an inspection service provider (i.e. persons who are registered lift inspectors and who have been accredited by the South African National System established by section 3 of the Accreditation for Conformity Assessment, Calibration and good Laboratory Practice Act, 19 of 2006). Sub-regulation 6(6) further requires inspection service providers to keep proper record of all inspections conducted by them.

Another noteworthy amendment is in respect of the comprehensive report referred to in sub-regulation 7(6) of the new Regulations. This sub-regulation was amplified to include the following additional circumstances in terms of which a comprehensive report should be completed, namely:

• after a reportable incident in terms of section 24 of the OHSA occurs;
• if there is a change in the designated competent lift service provider; or
• at intervals not exceeding 24 months after the first installation.

The final amendment pertains to the list of details provided in Annexure 1 to the new Regulations as referred to in sub-regulation 3(1)(a). Sub-regulation 3(1)(a) states that no person shall install or permit the installation of a new or used lift, escalator or passenger conveyor unless that person has submitted a completed form in the form of Annexure 1 to the relevant provincial director who shall allocate an official number to the lift, escalator or passenger conveyor. Persons who install or permit the installation of a new or used lift, escalator or passenger conveyor must ensure that with effect from the 30th of November 2010, they make use of the new form attached as Annexure 1.

The new Regulations are, overall, more specific as to who may operate, maintain, inspect and test lifts, escalators and passenger conveyors. It is recommended that cognisance be taken of the required qualifications stipulated in the new Regulations, before appointing operators, lift mechanics and lift service providers in order to ensure compliance therewith.

Written by: Liezl Sterne, Candidate Attorney at Cameron Cross Inc