Pressure Equipment Regulations scrap old stock

OHS Act section 43 has been revised, and Vessels Under Pressure Regulations were replaced by Pressure Equipment Regulations in October 2009, forcing equipment compliance on importers.

Luella Oreanda Jacobs, a supply chain manager, writes that the impacts on operators are far reaching. If equipment was engineered, designed and procured after 1 October 2009, full compliance to the new regulations is mandatory.

Pressure accessories like valves, control valves, and level gauges, as addressed in SANS 347, 2007 edition 1, can not be sourced without significant cost and schedule implications for use in RSA.

Existing stock of valves in SA does not comply with the new Pressure Equipment Regulations, as is the case with a variety of control instrumentation. Liability is of a pecuniary nature, meaning fines.

Onus on Importers

The new regulations further impact on procurement officers regarding the definition of Importers, or agents that assume the role of Importers. The onus is on Importers to demonstrate compliance of imported equipment.

Importers are defined as South African entities, and liability could not be imposed on international manufacturers.

Importers are also defined by these roles:

-Users or Owners, if an order is placed for and on their behalf.
-Users or Owners, if an order is placed by a third party for an operator.
-Third party executing a project on an EPC Lump Sum or Lump Sum Turnkey basis for a company.
-RSA Supplier to whom orders are directly awarded by a company, and whom represents an international manufacturer.

There procurers aim to ensure that pressure vessel equipment ordered after 1 October 2009, are in compliance.

It is binding on Bidders or Suppliers reviewing Scopes of Work to apply appropriate due diligence in ensuring that the relevant content would ensure PER compliance.

Commercial terms and conditions that are found to be in conflict with the PER, must be addressed with the Bidder or Supplier prior to quotation submission.

Scopes of work must make explicit reference to the PER.

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