Approved Code of Practice for Cranes
Part 2: Application of the PECPR regulations
2.1 Regulations
(1) Introduction
(a) Part 2 is provided to assist readers to interpret and apply the PECPR Regulations to cranes.
(b) The headings used in this part of the code follow the headings in the corresponding parts of the regulations.
(c) The summary provided is necessarily brief. If there is any conflict between this commentary and the regulations, the regulations take precedence.
(2) Interpretation
Key words and terms are defined in part 1 of this code. (See also schedule 1 of the PECPR Regulations.)
(1) Meaning of "controller":
A "controller" of equipment is the person who is the owner, lessee, sub lessee or bailee of any equipment in a place of work.
(2) Exemptions for controllers, designers, manufacturers or suppliers:
(a) Pursuant to regulation 5 of the PECPR Regulations, the Secretary may:
(i) grant an exemption to a controller, designer, manufacturer or supplier from a duty imposed by the PECPR Regulations, and
(ii) impose any condition that the Secretary thinks fit on an exemption.
(b) An exemption may be granted to:
(i) A controller, designer, manufacturer, or supplier specified in the exemption, or
(ii) All controllers, designers, manufacturers or suppliers of a kind specified in the exemption, or
(iii) All controllers, designers, manufacturers, or suppliers.
(c) Kinds of controllers, designers, manufacturers, or suppliers may be specified by reference to a kind of equipment controlled, designed, manufactured, or supplied by them.
(d) The Secretary shall publish a notice in the New Zealand Gazette indicating the extent and effect of an exemption granted to-
(i) All controllers, designers, manufacturers, or suppliers of a kind specified in the exemption, or
(ii) All controllers, designers, manufacturers, or suppliers.
(e) The Secretary may at any time decide to cancel an exemption, if satisfied that it is proper to do so, and must then-
(i) determine the date on which the cancellation takes effect, which must be a reasonable period after the date on which the decision is made, and
(ii) publish a notice in the New Zealand Gazette indicating that the exemption is to be cancelled on the date specified in the notice.
(3) Exemptions for equipment
(a) Pursuant to regulation 6 of the PECPR Regulations, the Secretary may:
(i) exempt equipment from any or all of the PECPR Regulations, and
(ii) impose any condition that the Secretary thinks fit on the exemption.
(b) The Secretary shall publish a notice in the New Zealand Gazette specifying the equipment exempted.
(c) The Secretary may, at any time, decide to cancel an exemption, if satisfied that it is proper to do so, and must then-
(i) Determine the date on which the cancellation takes effect, which must be a reasonable period after the date on which the decision is made, and
(ii) Publish a notice in the New Zealand Gazette indicating that the exemption is to be cancelled on the date specified in the notice.
(4) Relationship between the Act and PECPR Regulations
Except where an exemption is granted, a person on whom a duty is imposed by the PECPR Regulations must comply with that duty even though the Health and Safety in Employment Act 1992 may impose the same, similar or additional duty.
2.2 Duties of Controllers
(1) Information to be held by the controller
(a) Every controller shall take all practicable steps in relation to equipment, to ensure that the following information is obtained from the designer, manufacturer, or supplier:
(i) information necessary to ensure that every activity involving the equipment can be carried out safely. This would include information such as catalogues, drawings, manuals or specifications;
(ii) information establishing compliance with the requirements of the PECPR Regulations relating to design, design verification, equipment inspection, installation and manufacture. This would include information such as drawings, manuals and test certificates.
(b) Where the information noted in 2.2(1)(a)(i) or (ii) is not available from the designer, manufacturer or supplier, the controller shall take all practicable steps to ensure that:
(i) information to the same effect is obtained from another source, and
(ii) the information obtained is confirmed as adequate and appropriate under the controller's quality management system or, if the controller does not have such a system, by an inspection body.
(c) The controller shall take all practicable steps, in relation to equipment, to ensure that the following information is readily accessible by any person, including an inspector, who wants to examine it:
(i) every certificate of design verification, and
(ii) every current certificate of inspection, and
(iii) every report associated with those inspections, and
(iv) any other information that the controller has affecting the safety of the equipment. This could include-
- documents and drawings referred to in certificates of design verification
- test reports arising from the manufacturing, erection and commissioning of the equipment
- erection and commissioning information required for the safe operation, maintenance and servicing of the equipment
- the date, time, full description and the inspection and test reports for any repair or alteration
- maintenance records
- manufacturer's data reports including details of nominal wall thickness and corrosion allowances.
(2) Accident notification
Where any event occurs in a place of work that:
(a) causes damage that affects the operational safety of equipment, or
(b) causes damage to other property that may affect the safety of equipment, and
(c) which might, in different circumstances, have caused a person to be seriously harmed;
every controller shall take all practicable steps to:
(i) notify the Secretary as soon as possible (this initial notice may be provided by phoning the Department of Labour at 0800 20 90 20), and
(ii) give the Secretary, within 7 days of the event's occurrence, a detailed written report of an investigation of the circumstances of the event, carried out by an inspection body other than that which issued the latest certificate of inspection for the equipment in question, or by a chartered professional engineer, independent of the controller.
(3) Duties in relation to operation
(a) Every controller shall take all practicable steps to ensure that equipment-
(i) is safe, and
(ii) is operated safely, and
(iii) is operated within the limits that it was designed to operate within, and
(iv) is maintained in a safe condition.
(b) Every controller shall take all practicable steps to ensure that no equipment is operated unless it has a current certificate of inspection.
(c) Every controller shall take all practicable steps to ensure that equipment that has been:
(i) repaired or altered in a way affecting the operational safety of the equipment, or
(ii) adjusted, altered or repaired following an investigation pursuant to regulation 13 of the PECPR Regulations (potentially unsafe equipment) so that equipment inspection is necessary to ensure operational safety;
is not operated until a new certificate of inspection has been issued.
(4) Duties in relation to repairs or alterations
Every controller shall take all practicable steps to ensure, in relation to a repair or alteration affecting the operational safety of the equipment repaired or altered, or any other equipment, that:
(a) the repair or alteration is designed in accordance with the PECPR Regulations, and
(b) design verification requirements for the design specified by the designer are complied with, and
(c) the repaired or altered equipment is subject to equipment inspection in accordance with the PECPR Regulations.
2.3 Duties in Relation to Unsafe Equipment
(1) Employees' duty
Every employee of a controller who believes that an activity or equipment is unsafe shall, as soon as practicable, take all practicable steps to ensure that the controller is notified to that effect.
(2) Investigation of potentially unsafe equipment
(a) Controllers shall take all practicable steps to ensure that, where they become aware that equipment may be unsafe, the equipment is investigated in a manner and to an extent that is appropriate, having regard to, in particular:
(i) the nature of the problem with the equipment, and
(ii) the degree of expertise likely to be required to deal with the problem, and
(iii) the degree of harm likely to arise from the problem.
(b) If the investigation determines that the equipment is unsafe, the controller shall take all practicable steps to ensure that-
(i) the equipment is withdrawn from service and rendered inoperable, and
(ii) the equipment is clearly marked as withdrawn from service, and
(iii) a record is kept of the withdrawal of the equipment from service and of its location, and
(iv) the equipment is not returned to service until the controller is satisfied that the equipment has been the subject of satisfactory maintenance or a satisfactory adjustment, alteration, or repair, and
(v) the adjusted, altered, or repaired equipment is subject to equipment inspection in accordance with the PECPR Regulations, if equipment inspection is necessary to ensure operational safety, and
(vi) a record is kept of the testing carried out on the equipment to confirm that the maintenance, adjustment, alteration, or repair is satisfactory.
(3) Notification of type fault
If a controller believes that equipment may have a type fault, the controller shall take all practicable steps to ensure that, as soon as practicable, the manufacturer and supplier are given a detailed written notice to that effect. "Type fault" is defined under section 1.4: Definitions.
(4) Correction of type fault
(a) A manufacturer or supplier who receives a notice under regulation 14 of the PECPR Regulations, or who otherwise becomes aware that equipment might have a type fault, must determine whether or not the equipment has a type fault and, if it does, ensure that-
(i) no more equipment with that type fault is manufactured, and
(ii) equipment with that type fault that has been manufactured or supplied is, at the manufacturer's or supplier's expense, recalled or withdrawn and, as the case requires, adjusted, altered, repaired or replaced.
(b) Every manufacturer or supplier who determines that equipment has a type fault shall take all practicable steps to notify the Secretary of what the fault is and what measures the manufacturer or supplier is taking to correct it.
Where the type fault is an immediate risk to safety, the manufacturer or supplier shall advise the controller to withdraw the equipment from service.
2.4 Duties of Designers, Manufacturers and Suppliers
(1) Relationship to duties in the Health and Safety in Employment Regulations 1995
The duties imposed on designers, manufacturers and suppliers under part 3 of the PECPR Regulations complement the duties imposed by part VII of the Health and Safety in Employment Regulations 1995 ("HSE Regulations 1995").
This means, for example, that:
(a) designers must comply with regulation 18 (see 2.4(3) below). This is in addition to the requirements of regulation 66(2) of the HSE Regulations 1995,
(b) manufacturers must comply with regulation 19 (see 2.4(4) below). This is in addition to the requirements of regulation 67(1) of the HSE Regulations 1995,
(c) manufacturers and suppliers must comply with regulation 21 (see 2.4(6) below). This is in addition to the requirements of regulations 67(3) and 67(4) of the HSE Regulations 1995 and must comply with Section 18A of the Health and Safety in Employment Act 1992.
(2) Sufficient compliance with duties in regulations 18 to 20
(a) The Secretary may recognise documents containing standards relating to the operational safety of equipment and may impose any limit or condition thought appropriate on any recognition.
Such standards may relate to, for example:
(i) load
(ii) pressure
(iii) temperature
(iv) operating life
(v) design verification and fabrication inspection
(vi) hazard levels
(b) The Secretary may also withdraw recognition of any document containing standards.
(c) A notice must be published in the New Zealand Gazette of any recognition that has been granted or withdrawn. A recognition notice must include details of any limits or conditions that have been imposed on the recognition.
(d) Designers, manufacturers and suppliers will have complied with a duty relating to design, design verification, fabrication inspection, manufacture and supply which is placed on them by regulations 18, 19 and 20 of the PECPR Regulations, provided they have taken all practicable steps to comply with a recognised standard that relates to that specific duty.
Note:
(1) Standards recognised by the Secretary are listed in Appendix C: Reference Standards and Documents.
(2) Details of any changes to the list of recognised standards since the issue of this code are available from the Secretary.
(3) Duties relating to design and design verification
(a) Designers shall take all practicable steps to design equipment or any alterations to equipment in accordance with standards of generally accepted design practice specified in Appendix C of this code, or otherwise recognised by the Secretary. This includes taking into account any seismic design requirements for the equipment as per NZS 1170.5:Structural Design Actions - Earthquake Actions - New Zealand.
(b) Where there are no recognised standards applicable to an item of equipment, then it shall be designed in accordance with the standards of generally accepted industry practice.
(c) Designers shall take all practicable steps to ensure that equipment, or any alteration to equipment they design:
(i) is safe when used in accordance with its intended purpose
(ii) has its hazard level determined as appropriate and specified in the design documents
(iii) has its design life determined and specified in the design documents
(iv) has its design verification requirements determined and specified in the design documents
(v) has its manufacturing requirements specified in the design documents
(vi) has its fabrication inspection requirements determined and specified in the design documents.
(4) Duties relating to manufacture and fabrication inspection
(a) Manufacturers shall take all practicable steps to ensure that if the equipment was designed in New Zealand, the designers of equipment they are to manufacture have complied with regulation 18.
(b) Manufacturers of equipment shall take all practicable steps to ensure that any manufacturing is carried out in accordance with a verified design and the manufacturing requirements specified in the design.
(c) Manufacturers shall take all practicable steps to ensure that any design changes to equipment during manufacture are approved by the designer and, where appropriate, design verified.
(d) Manufacturers shall take all practicable steps to ensure that equipment is inspected and tested by an inspection body in accordance with the requirements of the manufacturing standard, and any inspection and test plan (ITP) specified by the designer.
(e) Manufacturers shall take all practicable steps to ensure that inspection reports are prepared by the equipment inspectors for the equipment they inspect. The manufacturer shall obtain copies of these inspection reports.
(f) Before manufacturing equipment designed overseas, manufacturers shall take all practicable steps to ensure that it has been designed and design verified to a standard that is equivalent to that required by regulation 18.
Note: Manufacturers who intend using a design from overseas are advised to seek the assistance of their inspection body before committing to manufacture.
(5) Duties relating to supply
(a) Suppliers of cranes manufactured in New Zealand shall take all practicable steps to ensure that, before such equipment is supplied, the manufacturer has complied with regulation 19.
(b) Suppliers of imported equipment shall take all practicable steps to ensure that it has been designed, design verified, manufactured, inspected and tested to standards that are equivalent to regulations 18 and 19.
(c) Every supplier shall take all practicable steps to ensure, when importing, for supply, equipment manufactured in another country, that it has not already exceeded its designated design life.
(d) Section 18A of the HSE Act also requires persons selling or supplying plant (except that which is second-hand and is sold "as is") for use in a place of work to ensure that the plant is designed and made, and has been maintained so that it is safe for its known intended use or any use of that plant that the person could reasonably expect.
(e) In addition, if a person hiring, selling or otherwise supplying to another person plant to be used in a place of work agrees to install or arrange the plant, the person shall take all practicable steps to install or arrange the plant so that it is safe for its intended use.
(6) Duties relating to the provision of information
(a) Designers, manufacturers and suppliers are to take all practicable steps to ensure they provide the following information for the use of purchasers or hirers of equipment:
(i) all data that is necessary to ensure that every activity involving the equipment can be carried out safely. This means: general arrangement drawings, manuals and any other data relevant to the safe operation of the equipment
(ii) all documentation necessary to establish that the equipment has been designed, design verified, manufactured and inspected in accordance with this approved code of practice. This means: certificates of design verification and certificates of inspection issued by an inspection body
(iii) records of previous use.
(b) Manufacturers shall take all practicable steps to ensure that equipment is permanently marked with the design details crucial to its safe operation and any other details that enable its safe operation. This could include:
(i) the name of the manufacturer, the year of manufacture and the unique identifier assigned by the inspection body,
(ii) relevant operating parameters such as safe working loads, etc.
2.5 Administrative Provisions
(1) Sufficient compliance with functions in regulations 23 to 35
(a) The Secretary may, subject to any conditions thought necessary, grant recognition to standards, codes or other documents containing requirements relating to:
(i) recognition procedures for inspection bodies and qualification issuing authorities, or
(ii) functions and recognition of inspection bodies, or
(iii) design verifiers and equipment inspectors, or
(iv) quality management systems, or
(v) qualification issuing agencies, or
(vi) design verification and inspection certificates, or
(vii) certificates of competence.
The clauses containing requirements relating to these matters are 2.5(2) to 2.5(8) and 2.6(1) to 2.6(7) inclusive.
(b) The Secretary shall publish a notice in the New Zealand Gazette specifying details including any limits or conditions of the recognition that has been granted. The Secretary may also withdraw recognition of a document and must publish details of withdrawal of recognition in the New Zealand Gazette.
(c) Provided there is no other evidence to the contrary, a standard or code recognised by the Secretary remains recognised until notice of its withdrawal of recognition has been published in the Gazette.
(d) Compliance with the requirements in a recognised document is sufficient to meet the requirements of regulations 23 to 35 provided the document covers the subject matter of the regulations.
(e) Standards and codes listed in Appendix C: Reference Standards and Documents are recognised by the Secretary.
Note: Details of any changes to the list of recognised standards since the issue of this code are available from the Secretary.
(2) Recognition procedures
(a) The Secretary, on receipt of a written application, may grant recognition as described in:
(i) regulation 25(1) to a New Zealand or Australian inspection body, or
(ii) regulation 25(2) to an overseas inspection body that does not operate in New Zealand or Australia, or
(iii) regulation 29(2) to a qualifications issuing agency.
(b) The Secretary must:
(i) notify the applicant in writing of a grant of recognition
(ii) specify the period for which the recognition is current
(iii) specify any limits and conditions on the recognition.
(c) The Secretary may also withdraw a condition of recognition:
(i) if satisfied that a condition has not been observed, or
(ii) if it would otherwise be in the interests of safety to do so, and
(iii) after giving an individual or organisation concerned an opportunity to be heard.
The Secretary must notify the individual or organisation concerned of the withdrawal of recognition.
(3) Function of Inspection Bodies
(a) The functions that inspection bodies may be accredited to perform are to:
(i) perform design verification and the issue and cancellation of certificates of design verification on the recommendation of design verifiers,
(ii) perform equipment inspections and the issue, renewal, suspension and cancellation of certificates of inspection on the recommendation of equipment inspectors,
(iii) suspend and cancel certificates of inspection issued by other inspection bodies, on the recommendation of equipment inspectors,
(iv) advise the Secretary of any equipment that is so unsafe that the inspection body, on the advice of equipment inspectors, has refused to issue or renew a certificate of inspection, or has suspended or cancelled its certificate of inspection,
(v) provide a unique identifier for equipment when issuing its first certificate of inspection. This unique identifier must be permanently applied to the equipment by the equipment inspector, usually by hard stamping, at the time of the first inspection.
(b) Inspection bodies, depending on the scope of their accreditation, employ or engage design verifiers and/or equipment inspectors to perform the design verification and equipment inspection work in 2.5(3)(a).
(4) Recognition of Inspection Bodies
(a) Inspection bodies operating in Australia and New Zealand may be recognised by the Secretary if satisfied that:
(i) they are accredited to ISO 17020 (EN 45004) by International Accreditation New Zealand (IANZ), or by the National Association of Testing Authorities, Australia (NATA)
(ii) the Department of Labour has been given the opportunity to participate during the accreditation audit and subsequent surveillance audits of the inspection bodies
(iii) they have procedures in place that ensure that persons employed as equipment inspectors or design verifiers have appropriate certificate(s) of competence issued by the Certification Board for Inspection Personnel (CBIP), the Institution of Professional Engineers New Zealand (IPENZ), or the Secretary
(iv) they have procedures in place that ensure that trainee design verifiers and trainee equipment inspectors hold appropriate qualifications, have the necessary experience and skills and are effectively supervised
(v) they have procedures in place that ensure that design verification or equipment inspection is carried out by persons holding an appropriate qualification
(vi) they are likely to carry out their work in an objective fashion that promotes safety and the public interest
(vii) there is no reasonably foreseeable conflict of interest between their design verification and equipment inspection activities and any other work they may undertake.
(b) Inspection bodies operating outside Australia and New Zealand may also be recognised by the Secretary provided:
(i) they are accredited to a recognised industry standard by an organisation that has a mutual recognition agreement with International Accreditation New Zealand, or
(ii) they have the status of an inspection body under the law of the country in which they have their headquarters. The law must impose requirements that are comparable to those imposed by the PECPR regulations.
(5) Design verifiers
Design verifiers perform design verification on behalf of an inspection body and make recommendations to the inspection body on the issue and cancellation of certificates of design verification.
(6) Equipment inspectors
(a) Equipment inspectors perform equipment inspection on behalf of an inspection body and make recommendations to the inspection body on the issue, renewal, suspension or cancellation of certificates of inspection. These recommendations shall be made to the inspection body regardless of whether that inspection body was responsible for the issue of any current certificate of inspection.
(b) They must inform manufacturers and controllers on matters relating to the safety of the equipment that they inspect and on any action to be taken to make the equipment safe.
(7) Quality management systems
(a) A quality management system is one that is currently certified to a recognised industry standard by an agency accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ).
(b) Controllers shall give the Department of Labour the opportunity to participate in the assessment of the system carried out by the agency.
(c) Controllers with a quality management system for equipment must take all practicable steps to comply with the requirements of that quality management system.
(8) Qualification issuing agencies
(a) Qualification issuing agencies issue certificates of competence and advise applicants on the equivalence of qualifications obtained outside New Zealand.
(b) The Secretary may recognise an organisation as a qualification issuing agency if satisfied that it employs or engages people who are competent to perform this function.
(c) A qualification may be issued by a qualification issuing agency only after it has determined by examination, and/or assessment that the person seeking the qualification has the requisite training, skills, knowledge and experience.
(d) The qualification issuing agencies currently recognised by the Secretary and the occupational groups for which they issue qualifications include:
| Occupational Group | Qualification Issuing Agency | |
|---|---|---|
| Equipment Inspectors | Certification Board for Inspection Personnel | (CBIP) |
| Chartered Professional Engineers (CPEng) | Institution of Professional Engineers New Zealand | (IPENZ) |
| Design Verifiers | Institution of Professional Engineers New Zealand | (IPENZ) |
(e) The Secretary may request a qualification issuing agency to supply names of persons holding a particular certificate of competence.
2.6 Certificates
(1) Certificates of design verification
(a) A design verifier may recommend to an inspection body that a certificate of design verification be issued for equipment, provided it has been design verified and the design verifier has reasonable grounds to believe that it is safe.
(b) An inspection body must consider all documents submitted by the design verifier in support of a recommendation to issue a certificate of design verification. If the inspection body agrees with the recommendation, it must stamp the documents and issue a certificate of design verification.
(2) Contents of a certificate of design verification
(a) A certificate of design verification must include the following information about the equipment that has been design verified:
(i) a brief description of the equipment
(ii) the name of the designer, manufacturer, supplier or controller seeking the certificate
(iii) the name of the inspection body
(iv) the name of the design verifier
(v) the date of issue
(vi) the standards of generally accepted design practice, codes, guidelines and so on to which the equipment conforms
(vii) the drawing numbers, included in the verification process
(viii) the principal design parameters, e.g. design life, safe working load etc.
(ix) the seismic coefficient
(x) the maximum permissible operating wind speed
(xi) any design alterations and other requirements that the design verifier specifies for the equipment
(xii) details of any other documents giving further information in relation to (i) to (xi) for the verified design that it is not practicable to include on the certificate of design verification.
(b) Certificates of design verification must be signed by the design verifier and:
(i) carry the logo of the accreditation body that accredited the inspection body issuing the certificate, or
(ii) contain a statement noting that the inspection body is accredited by an accreditation body named on the certificate.
(3) Issue and renewal of a certificate of inspection
(a) An equipment inspector may recommend to an inspection body that a certificate of inspection be issued or renewed for equipment for a specified period provided it has been inspected by an equipment inspector and the equipment inspector has reasonable grounds for believing it is safe and would remain safe during the recommended inspection period.
(b) An inspection body may issue or renew a certificate of inspection, on the recommendation of an equipment inspector, for the recommended inspection period. It may impose conditions on the certificate of inspection.
(c) Cranes that have an existing but expiring certificate of inspection may be issued with a new certificate of inspection upon passing the physical testing, even if not meeting all the necessary documentation requirements of this code of practice.
(4) Term and contents of a certificate of inspection
(a) A certificate of inspection remains in force until the first of the following events occur:
(i) the period specified in the certificate expires, or
(ii) a new certificate of inspection is issued following an adjustment, repair or alteration of the equipment, or
(iii) the certificate is cancelled or suspended by an inspection body.
(b) An equipment inspector may recommend to an inspection body that it extend, subject to any terms or conditions that the inspector thinks fit, the inspection period of a certificate of inspection that is about to expire. The equipment inspector shall only recommend an extension where the equipment inspector has:
(i) visually examined the equipment, and
(ii) reasonable grounds for believing the equipment would be safe for the period of the extension.
(c) An inspection body may extend a certificate of inspection on one occasion only for a maximum period of three months. The extension shall be subject to any terms and conditions recommended by the equipment inspector.
(d) A certificate of inspection must include the following information about the equipment concerned:
(i) description of the equipment
(ii) the unique identifier issued to the equipment by the inspection body responsible for the first inspection
(iii) the purpose of the equipment as specified by the designer
(iv) the location of the equipment when inspected
(v) the name of the manufacturer
(vi) the safe working load
(vii) the name of the equipment inspector
(viii) a statement of the inspector's opinion that the equipment was safe at the date of inspection and will remain safe for the period of the certificate if operated and maintained properly
(ix) the date of the inspection
(x) the date of expiry of the certificate
(xi) the name of the inspection body that issued or renewed the certificate
(xii) the name and business address of the controller
(xiii) the title and location of any other document giving further details in relation to (i) to (xii) where it is impractical for these to be included on the certificate of inspection.
(e) Certificates of inspection must:
(i) carry the logo of the accreditation body that accredited the inspection body issuing the certificate, or
(ii) contain a statement noting that the inspection body is accredited by an accreditation body named on the certificate.
(5) Suspension or cancellation of a certificate of inspection
(a) An equipment inspector who is satisfied on reasonable grounds that equipment is unsafe or unfit for use must recommend to an inspection body that the current certificate of inspection be suspended or cancelled, or that a new certificate not be issued. The inspection body, after giving the controller of the equipment concerned a suitable opportunity for comment:
(i) may cancel or suspend the certificate of inspection
(ii) must advise the controller of the action taken.
(b) The Secretary, where satisfied on reasonable grounds that equipment is unsafe or unfit for use, may, after giving the controller of the equipment concerned a suitable opportunity for comment, cancel or suspend a certificate of inspection. The Secretary must notify the controller of the action taken.
(6) Certificates of competence
(a) A certificate of competence may only be issued by a qualification issuing agency or by the Secretary. This indicates that the certificate holder is qualified to carry out a specified activity relevant to the certification. Specified activities include equipment inspection and design verification.
(b) A certificate of competence is valid for the period shown on the certificate, but may be suspended or cancelled by the Secretary if the Secretary is satisfied on reasonable grounds that the holder has been negligent or is unfit within the parameters of regulation 35 of the PECPR Regulations and that the holder should no longer hold such a certificate. The Secretary must give the holder a suitable opportunity to comment before cancelling or suspending a certificate of competence.
(7) Duties of inspection bodies in relation to certificates of competence
(a) Inspection bodies shall take all practicable steps to ensure that any design verification or equipment inspection they carry out is performed by a holder of a relevant certificate of competence.
(b) Inspection bodies may have trainees carry out design verification or equipment inspection provided they are competent to carry out the tasks assigned to them and they work under the effective supervision of a holder of a relevant certificate of competence. Refer to Appendix I: Effective Equipment Inspector Supervision for further details.