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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Driven Machinery Regulations, 2015

21. Withdrawal of approval and registration of lifting machinery entity or training provider

 

(1) Subject to subregulation (2), the approval and registration of a lifting machinery entity or training provider may be withdrawn if—
(a) a lifting machinery entity no longer has the necessary competency or operational ability;
(b) a training provider is no longer accredited by the Transport Education and Training Authority; or
(c) they are convicted of an offence referred to in regulation 22.

 

(2) The chief inspector may not withdraw an approval and registration unless—
(a) the holder of such approval and registration has been informed of the intended withdrawal and of the grounds upon which it is based; and
(b) such holder has been afforded a reasonable opportunity to make representations.

 

(3) The chief inspector shall inform the holder concerned in writing of the reasons for the decision.

 

(4) Any holder adversely affected by a decision of the chief inspector may appeal in writing to the Director-General: Labour against such decision.

 

(5) An appeal referred to in subregulation (4) shall—
(a) be lodged within 60 days from the date on which the decision was made known; and
(b) set out the grounds for appeal.

 

(6) After considering the grounds for appeal and the chief inspector's reasons for their decision, the Director-General: Labour shall confirm, set aside or amend the decision as soon as practicable.