OHSAct

	Did you ‘got’ a license?   Every truck driver FleetWatch spoke to who operates a truck mounted crane did not have – or know they needed to have - a Code 32 licence. This uncontrolled area of trucking needs tidying up!

There was a comedian in the second half of the last Century who played the part of a law enforcement officer who always entered the stage with the words 'Did you got a licence'. The traffic then was not as serious as it is today and the tone of the yesteryear statement raised a laugh. Today, the state of law enforcement is tragic and 'did you got a licence' won't even raise a smile. But do you have a Code 32 licence? That's a real licence, the lack of which can land a Managing Director in court for negligence under the OHS Act writes our technical correspondent Dave Scott.

Tucked away under the OHS Act architecture are Regulations and Driven Machinery Regulations (DMR) directly affecting trucks equipped with hydraulic-powered lifting equipment or, in more simple language, truck mounted cranes. To be specific, it's housed in the Occupational Health & Safety Act, Act 85 of 1993: Driven Machinery Regulations 18.
 

Pierre Terblanche, CEO of Culmen Consultants…warns of dire consequences if truck drivers operating truck-mounted cranes do not possess the relevant licence.

A failure aftermath
When lifting tackle breaks and someone's foot gets crushed, or at worst, there's a fatality, the Department of Labour will, according to Pierre Terblanche, CEO of Culmen Consultants, swoop down and look for the following: 

• The crane operator's licence and valid/current certificate of training.

• Crane performance tests in terms of DMR 18 (5) and inspection DMR 18 (6).

• Historical entries in the asset register according to DMR 18 (7).

• And whether the Lifting Machine Inspector (LMI ) is part of an accredited Lifting Machine Entity (LME).

If the failure occurs on mine property, then the Minerals Act of 1991 kicks in. This, in some respects, is even stricter than the OHS Act. Mine management bonuses are linked to safety records. An outside contractor's truck-mounted crane that creates an incident reflects on the mine records with all the consequences that a truck owner does not want, including top management investigation. Transport operators entering quarry and mining areas must comply with and have a good working knowledge of the Minerals Act 

The OHS Act is merciless
Ask most truck drivers operating a truck-mounted crane whether they have a licence to operate it and you'll invariably get a blank stare accompanied by an incredulous: "No, I didn't know I need one." The problem is that when the lifting load fails, for whatever reason, the OHS Act comes into play - and it's merciless. Do you know that an OHS Act conviction is a criminal conviction. As such, it stays with you for life!

Annual sales for new truck-mounted cranes are running at around 1 500 per annum according to Ronnie Boyce from 600 SA. A fair estimate for the truck-mounted crane population is approximately 15 000 - some of the units are 20 years old. What percentage of this population is controlled by Code 32 licensed operators? Optimistically, perhaps 30%! So there could be 10 000 cranes out there working without appropriate legal backing.

Who is going to enforce this? Don't fear the inspectors - fear the lawyers who seek redress for a claimant. When someone needs compensation and the OHS Act has not been complied with, damages can be huge and the criminal conviction a lingering experience. In any event untrained crane operators cause untold damage to expensive lifting equipment - just do it! Go and tidy up this uncontrolled area of trucking!