Support
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Geoff , there is little doubt that what we have here is a dangerous situation . Further to the above we find the following in the regulation :
All competent personnel are required to report any contravention of the OHS Act or SANS 10147 statutory requirements immediately to the on-site responsible person of the facility .
If the competent person is a sub-contractor they are required to inform the client both verbally and in writing by including in the daily log sheets submitted details of the said contravention . They are also required to report to their employer the said noncompliance and possible consequences that could arise from the non-compliance .
It is important that effective report back procedures are adopted and that the competent person institutes a paper trail with reports that have been countersigned by the responsible person . It should be noted that failure to do so could result in a competent person being held liable for any occurrence that may transpire due to lack of attention to ensure that the nonconformity is attended to . The law is very specific in this issue , as ignorance cannot be offered as a defence should the lack of action result in an emergency situation that could have been avoided .
Geoff , as you can see you do have recourse and there is a process that should be followed . The contravention can be
Image supplied reported to the client , SARACCA and ultimately to the Department of Labour inspectorate . This type of dangerous practice is being addressed through training and legislation , but clearly more work needs to be done .
REFERENCES : 1 . SARACCA 2 . SANS 10147 3 . OHS Act / Pressure Vessel Regulation
Thank you for all your questions . Send your problems ( and sometimes your creative solutions ) to acra @ netactive . co . za with ‘ Solutions Page ’ in the subject line . You may include pictures . RACA
Disposable cylinders found at a site after commissioning .
www . hvacronline . co . za RACA Journal I November 2021 41