If you’ve got a malfunctioning forklift in your fleet, you might be tempted to send one of your workshop guys to take a look at it. However, it’s important to ensure that the person inspecting your forklift and carrying out repairs in Durban is considered a competent person under the Occupational Health and Safety Act (OHSA)Workplace machinery that is inspected, repaired, or maintained by uncertified technicians runs the risk of developing more problems that could result in harm or even death.
To avoid the legal consequences that can come with this failure to comply, it’s important that you adhere to the non-negotiable obligation of ensuring that your workplace machinery is looked after by a certified technician.
What Does the OHSA Require?
The OHSA is quite clear. Employers who have heavy and dangerous machinery need to ensure that it is always maintained in a safe working condition. Specifically, Section 8 outlines that it is the employer’s duty to provide and maintain systems of work that are safe and without risk to health.
In the Driven Machinery Regulations, which is a set of rules issued under the OHSA, the requirement for competent persons to carry out maintenance and repairs on driven machinery is made explicit.
Who is Considered Competent?
According to the Driven Machinery Regulations, specifically Regulation 2, a competent person is defined as someone who has the necessary qualifications, training, experience and knowledge to perform the specific task safely and correctly. This is to limit the possibility of subpar repair work that could lead to safety incidents down the line.
It means that only individuals with the appropriate technical certifications and proven expertise can legally carry out repairs or maintenance on driven machinery, like forklifts.
DIY fixes or ad hoc interventions by unqualified staff are a direct violation of the law and pose a serious workplace hazard. This can put you, as an employer, in a precarious legal position should any incidents occur.
Consequences of Non-Compliance
Failure to adhere to the regulations set out by the OHSA can result in serious consequences for South African businesses. If you are in contravention, you could face legal action, fines and even imprisonment where it can be proved that there was gross negligence in the case of serious injury or death.
Moreover, any insurance claims that you may have for damaged equipment might be invalidated if it is found that work was done on the equipment by unqualified individuals.
To ensure that you remain in the clear, keep regular audits, maintain proper documentation and only use registered professionals to repair or maintain your forklifts.
Don’t risk downtime, injury, or legal fallout. Contact First Forklifts today for certified forklift repairs done by registered professionals you can trust in Durban.