Legislative Framework

Primary Acts

Occupational Health and Safety Act — Act 85 of 1993 (OHSA)

The OHS Act is the principal statute governing health and safety in South African workplaces outside the mining sector. The Act and its regulations establish the duty of the employer to provide and maintain a working environment that is safe and without risk to health, including ensuring that operators of plant and machinery are competent.

Mine Health and Safety Act — Act 29 of 1996 (MHSA)

The MHSA governs all work performed at a mine. It places duties on the employer, manager and every employee to manage hazards and protect health and safety. Section 11 in particular requires the employer to assess and respond to risk, which includes ensuring operators are competent.

Driven Machinery Regulations

Made under the OHS Act, the Driven Machinery Regulations require that no person may use driven machinery (lifting machinery, lift trucks, mobile cranes, tower cranes, mobile elevating work platforms, and similar equipment) unless that person is in possession of a valid certificate of training issued by an accredited training provider.

National Code of Practice for Lifting Machinery

The national code provides the technical and operational baseline for the use, inspection and operator certification of lifting machinery. SAQCC-registered providers issue competency certificates aligned to this code.

Section 14 — Certification

Section 14 of the gazette sets out the minimum information that must appear on a lifting operator's certificate and licence / carry card. A certificate that omits these fields does not meet the gazetted standard.

14.1  An initial certificate of competence must include the following information:

1. name and logo of the accredited training provider or authorised body;
2. physical address of accredited training provider;
3. accreditation number of accredited training provider;
4. certificate identification or serial number;
5. identification of Act and Regulation;
6. full names and surname of operator;
7. National identification or passport number of operator;
8. lifting machine code, code description of equipment, attachments and capacity;
9. restrictions of operation;
10. registration number of assessor;
11. skills programme number / part qualification or qualification number;
12. skills programme title;
13. NQF level, if applicable;
14. credit value;
15. date of issue; and
16. two authorising signatures.

14.2  A licence / carry card will be valid for a period of up to 24 months, and must be issued upon certification or re-certification and must include the following information:

1. name and logo of the accredited provider or authorised body;
2. licence identification or serial number;
3. initials and surname of operator;
4. identification or passport number of operator;
5. lifting machine code, code description of equipment, attachments and capacity;
6. restrictions of operation;
7. skills programme or qualification number;
8. registration number of assessor;
9. date of issue and expiry date (24 months); and
10. authorising signature.

Supporting legislation

• Skills Development Act, 1998 — establishes the SETAs and the framework for accredited skills development.
• South African Qualifications Authority Act, 1995 — establishes the National Qualifications Framework (NQF) and the registration of unit standards and qualifications.
• Construction Regulations, 2014 — specific competency requirements for construction-site occupations.
• Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA) — reporting and compensation for workplace incidents.
• National Environmental Management Act, 1998 — environmental incidents linked to operating plant and machinery.

NQF level reference

The competency certificates issued through SAQCC-registered providers are aligned to the NQF level of the underlying unit standard or skills programme: