By Eamonn Ryan
Legal and technical documentation plays a critical role in mitigating risks associated with lifting equipment on industrial sites.
At the latest Electra Mining conference (2024), Kyle Graham, executive director of the Lifting Equipment Engineers Association of South Africa (LEEASA), led a crucial session on the importance of appointing competent lifting machinery entities (LMEs) and lifting machinery inspectors (LMIs) to ensure compliance with South Africa’s Occupational Health and Safety Act (OHSA), a principle that cold chain and warehousing businesses must also rigorously apply when dealing with the movement and placement of chillers, large air handling units and other substantial components.
Graham emphasised the significant legal responsibilities that companies bear when it comes to lifting machinery inspections and the importance of mitigating risks associated with lifting operations. According to OHSA, the user or owner of lifting machinery is legally responsible for ensuring the equipment is regularly inspected and maintained. “Appointing an incompetent service provider can have serious legal consequences. In the event of an incident on-site, the appointed service provider may not be held liable, but the site owner or operator could face charges from the Department of Employment and Labour (DEL), and regulatory bodies.”
He stressed the need for thorough due diligence in selecting the right service provider, one that holds the necessary qualifications, certifications and technical knowledge to carry out lifting machinery inspections and load testing.
Key documents for appointing competent inspectors
The presentation focused heavily on the importance of several key documents that ensure an LMI or service provider meets the necessary legal and technical requirements. These documents include:
- LME Certificate: This certificate, issued by DEL, verifies that the entity is qualified based on the competencies of their staff. The certificate provides assurance that the service provider complies with national regulations and has the requisite skills to handle lifting machinery inspections.
- LMI Certificate: Issued by the Engineering Council of South Africa (ECSA), this certificate confirms that an individual is a registered professional LMI. However, Graham cautioned that while the LMI certificate demonstrates registration, it does not specify what the
- LMI’s Letter of Scope: This is arguably the most important document when appointing an LMI. The letter, issued by ECSA, specifies the exact competencies of the inspector, detailing the specific types of equipment and machinery the inspector is authorised to inspect. “It’s like going to a dentist for a tooth problem – you wouldn’t ask them to do brain surgery,” said Graham, emphasising that the Letter of Scope clearly defines the inspector’s areas of competence.
- Technical standards documentation and equipment access: Inspectors must be working with up-to-date technical standards, and they should be able to prove they have access to the necessary equipment to carry out the tests and inspections as per these standards.
Inspection frequency and legal obligations
Graham emphasised that lifting equipment must undergo several types of inspections to ensure it remains safe for use:
- Visual inspections: These should be conducted every three months to check for any immediate hazards or signs of wear and tear
- Electromechanical inspections: These more thorough inspections, which evaluate the functionality of electrical and mechanical components, should take place every six months
- Load testing: An annual requirement, load testing ensures that lifting machinery can handle the maximum weight it is rated for without failure
“Regular inspections are essential to ensure that lifting machinery remains compliant with safety standards and is safe for operation. Failure to comply with these inspection requirements can lead to legal repercussions and increased risk on-site.” “The IESA website is an excellent tool for verifying the credentials of potential service providers. We want to make it as easy as possible for companies to access the information they need to make informed decisions,” Graham said.
The risks of using invalid or fraudulent LME certificates
The LME certificate provides a detailed record of a company’s qualifications, including a list of equipment categories that the company is certified to inspect. This certificate includes the entity’s name, scope of work indicating which machinery the entity is competent to inspect.
However, Graham warned that some entities have been found using another company’s valid LME certificate to fraudulently secure work. “If the entity name does not align with the LME number, that’s a red flag,” he said. To combat this, the
IESA has implemented an online portal for quick verification. By visiting their website and accessing the LME Validation tool, companies can verify whether an LME certificate is valid and corresponds with the correct entity. The system links directly to DEL’s database, providing the most up-to- date information on registered entities.
Equally critical is ensuring that the LMI performing the inspections is properly certified and qualified to work with the specific type of equipment. According to Graham, the LMI certificate alone is not sufficient—companies must also verify that the inspector’s Letter of Scope, issued by ECSA, matches the type of machinery they are inspecting.
The Letter of Scope specifies the exact equipment categories the inspector is authorised to work on, such as overhead cranes, mobile cranes or forklifts. Graham emphasised that you shouldn’t appoint an inspector who isn’t qualified for the specific machinery being inspected. Without a proper Letter of Scope, any certificate issued by the inspector for equipment outside their competency is considered invalid. This can lead to serious consequences: “If an inspector issues a load test certificate for equipment outside their scope, the certificate is legally void. If DEL audits this certificate and discovers discrepancies, the inspector could face disciplinary action, but it is the site owner or legal appointee who will be held liable, particularly in the case of a fatality.”
The importance of verifying the active status of an LMI’s registration was another critical point raised by Graham. An inspector’s registration may be canceled for various reasons, including failure to maintain Continuous Professional Development (CPD) requirements or non- payment of fees. In these cases, the inspector’s certifications are not valid, and any tests or inspections they perform may be legally compromised.
LMI is still actively registered, Graham demonstrated how to use the IESA’s online portal to confirm whether the inspector’s status is active or canceled. This verification tool is linked to the ECSA’s database, ensuring that only qualified and current inspectors are appointed.
The importance of compliance with national standards
In addition to verifying qualifications and registration statuses, Graham stressed the importance of ensuring that LMIs and load testing are performed according to national standards. The IESA website provides access to the full set of gazetted standards, which cover a wide range of lifting equipment, including forklifts, mobile cranes and overhead cranes. These standards, such as SANS 10388:2018 for forklifts and SANS 1976:2018 for mobile cranes, outline the technical requirements for safe operation and inspection procedures.
By adhering to these standards, companies can ensure their lifting equipment remains compliant with the law and safe for operation. Graham emphasised that inspectors should be fully knowledgeable about the relevant standards for each type of equipment they are tasked with inspecting.
A major pain point for many in the lifting machinery sector is the difficulty of navigating the South African Bureau of Standards (SABS) website. “We’ve found that the SABS website is extremely hard to navigate, especially when you’re trying to find something specific. Even if you know what you’re looking for, it can take hours to locate the right standard.”
To address this issue, the IESA has developed a streamlined solution through its own website. By visiting the IESA’s Document Library users can easily access SABS standards using either the reference number or standard name. The website directs users to the correct page on the SABS site, saving time and effort for those seeking to comply with the latest regulations.
Graham also stressed that adhering to the required standards is not just a matter of best practice—it is the law. He urged companies to ensure that the relevant standards are part of their safety documentation, either in physical or digital form, and that engineers or safety officers on site are familiar with them. “These incorporated standards are law, so as a user or owner, you are required to have them in your files. Your safety department should have these on hand, and the person coming to site should be conducting their inspections in line with these standards,” Graham emphasised.
cranes, outline the technical requirements for safe operation
and inspection procedures. Image by Freepik
Inspection and testing intervals
Graham outlined the inspection and load testing intervals mandated by DEL regulations. Key points include:
- Lifting tackle and rigging gear: Visual inspections of lifting tackle, such as rigging gear, must be performed every three months. This is a visual inspection only; no load testing is required during these checks. “If you overload the equipment, dispose of it immediately,” warned Graham. Electromechanical and mobile cranes, must undergo an electromechanical inspection every six months. These inspections check the functionality of moving parts, such as levers and gears, but do not involve load testing.
- Load testing and thorough examinations: A thorough load test and performance examination is required at 12-month intervals. This testing should be conducted by a registered LMI and must comply with the relevant technical standards.
Graham emphasised the importance of documenting all inspections and tests to ensure that both the equipment owner and operator are fully aware of the condition of the machinery at all times. “It’s vital that all findings are recorded so that everyone on site knows what condition the equipment is in,” he said.
An essential principle of lifting machinery inspections is ensuring the independence and integrity of the inspection process. Graham pointed to the importance of the LME, which acts as a third- party inspector for the lifting machinery industry. According to SANS 23814, which outlines the competency requirements for crane inspectors, LMEs must maintain impartiality and avoid any conflicts of interest.
“The inspector must be influence their findings,” said Graham. This standard helps ensure that the LME’s reports on the condition of machinery are unbiased and credible. In essence, the inspection of lifting machinery should be an independent function from the maintenance or service work performed on the equipment.
The overarching goal of the IESA and its website is to support stakeholders and help mitigate the risks associated with lifting machinery operations. By providing access to critical standards, verification tools and resources, the IESA ensures that the lifting machinery industry operates safely and legally, thereby protecting both workers and companies.