On Friday, 12 April 2024, Ms M Ruiters, the Chief Inspector of the Department of Employment and Labour, in terms of section 27(1) of the Occupational Health and Safety Act, No. 85 of 1993 (“OHSA“), by virtue of the powers delegated to her by the Minister of Employment and Labour in terms of section 42(1) of OHSA, published a notice in the Government Gazette (GN No. 4718 of 2024) (“the Notice“) relating to her intention to incorporate the Code of Practice for Conveyor Systems (“COP“) into the Driven Machinery Regulations, 2015 (which is binding under OHSA). 

In terms of the Notice, interested parties are invited to submit written comments on the Draft Code of Practice for Conveyor Systems to the office of the Director-General within 60 days from the date of publication of the Notice (being 12 April 2024). The last day for submitting written comments being Tuesday, 11 June 2024. 

Please click on the link for a copy of the Notice, which sets out further details regarding the channels through which submissions can be made.

Background, Scope and Purpose of the COP

• Conveyor systems used for transporting bulk materials are considered dangerous and the most hazardous plant equipment installations due to the size of the installations, which prevents clear and unimpeded visibility down the length of the conveyor system. This often results in injuries and fatalities. 
• The COP was designed as a basis for safety codes and as a guide for the authorities in formulation of safety rules and regulations, as a result of the significant number of injuries and fatalities involving conveyor systems over the years.
• The purpose of the COP is to serve as a minimum specification for the designed safe operating conditions and the fulfilment of safety requirements for conveyor systems. 
• The COP provides practical guidance on how to manage the health and safety risks of plants in the workplace from the installation, commissioning, and use, through to decommissioning and dismantling of conveyor systems. 
• The COP will provide the minimum safety requirements for design, installation and guarding of conveyors and conveyor systems. This includes requirements for users and provides for inspections, maintenance, training and implementation of safe work practices for conveyor belt installations.

Key considerations addressed in the COP

The COP addresses, amongst others, the following:

• the roles and responsibilities of certain personnel (i.e., Engineers, Plant Operators etc.);
• the design standard of conveyor systems;
• the list of conveyors covered under the COP;
• various safety standards and measures in respect of conveyor systems (i.e., isolation, lighting, dust suppression, fire protection/detection/suppression, conveyor guard designs, guarding against dangers of pinch/nip points etc.); 
• ergonomics;
• training of personnel;
• maintenance of conveyors and conveyor systems; and
• the conduct of a risk assessment.

Legal effect of the COP

The COP provides practical guidance in respect of managing health and safety risks pertaining to conveyors and conveyor systems and is not legislation i.e., it is not a law. However, should the draft COP be “incorporated” into the Driven Machinery Regulations, 2015 (which is binding under OHSA) it becomes part of that legislation.

Should the COP in its final form not make provision for sanctions and penalties as a result of non-compliance with the COP, the sanctions and penalties set out in the Driven Machinery Regulations, 2015 and/or OHSA shall apply by virtue of the fact that the COP will be “incorporated” into the Driven Machinery Regulations, 2015 (which is binding under OHSA).

These sanctions and penalties include the payment of a fine and/or imprisonment in the event of contravention. 

Author: Cindy-Lee Bekeer