Gold Membership
R
Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)Guidance NotesDriven Machinery Regulations, 201521. 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| Subject to subregulation (2), the approval and registration of a lifting machinery entity or training provider may be withdrawn if— |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. |
Notes:
| (a) | Appeals must be lodged to Labour Court |
