Section 7: Special duty of employers using machinery

7. Special duty of employers using machinery (1) Where the total power used or generated by machinery installed at a place of work exceeds 750 kilowatts, the employer shall employ a registered professional engineer to be in general charge of all such machinery. (2) Where the total power used or generated by machinery installed at a place of work does not exceed 750 kilowatts, the employer shall employ a competent person to be in general charge of the machinery. (3) Every employer who employs a registered professional engineer under subsection (1) shall, not later than 14 days after the Acts 2022 647 Registered professional engineer accepts the offer of employment – (a) inform the Permanent Secretary accordingly, in writing; and (b) furnish any document or relevant information as the Permanent Secretary may require. (4) A registered professional engineer referred to in subsection (1) may be employed – (a) on a full-time basis; or (b) on a part-time basis, in which case, he shall not act in such capacity at more than 3 places of work. (5) (a) A registered professional engineer employed under subsection (1) shall, not later than 14 days after accepting an offer of employment, make an application for registration to be in general charge of machinery to the Permanent Secretary in the form set out in the Twenty-First Schedule. (b) The application under paragraph (a) shall be submitted together with – (i) such document or information as the Permanent Secretary may require; and (ii) such non-refundable processing fee as may be prescribed. (6) (a) The Permanent Secretary may, on receipt of an application, make such enquiry as he thinks necessary. (b) The Permanent Secretary may grant or refuse the application. (c) Where the Permanent Secretary grants the application, he shall – (i) on such terms and conditions as he may determine; and 648 Acts 2022 (ii) on payment of such registration fee as may be prescribed, issue to the applicant a certificate of registration in such form and manner as he may determine. (d) Where the Permanent Secretary refuses an application, he shall inform the applicant accordingly in writing specifying the reasons of his refusal. (7) (a) Where there is any change in the particulars of the certificate of registration of a registered professional engineer in general charge of machinery, he shall submit a new application as per subsection (5) to the Permanent Secretary within 14 days of such change. (b) Any application submitted under paragraph (a) will be processed in accordance with subsection (5). (8) Where a registered professional engineer in general charge of machinery ceases to practise as a registered professional engineer in general charge of machinery, he shall notify in writing the Permanent Secretary of that fact and surrender the certificate of registration within 14 days of ceasing to practise as registered professional engineer. (9) The Permanent Secretary shall keep and maintain a register of registered professional engineers in general charge of machinery registered under this section. (10) A person who is employed as a full-time or part-time registered professional engineer in general charge of machinery at a place of work shall not examine any equipment, machinery or plant specified in sections 51, 52, 53, 54, 57, 58, 59 and 60 at that place of work, in the capacity of a Registered Boiler Inspector or Registered Machinery Inspector. (11) Any employer or registered professional engineer who fails to comply gineers in general charge of machinery registered under this section. (10) A person who is employed as a full-time or part-time registered professional engineer in general charge of machinery at a place of work shall not examine any equipment, machinery or plant specified in sections 51, 52, 53, 54, 57, 58, 59 and 60 at that place of work, in the capacity of a Registered Boiler Inspector or Registered Machinery Inspector. (11) Any employer or registered professional engineer who fails to comply with any provision of this section shall commit an offence. Acts 2022 649