Saiosh Comments on the Draft General Machinery Regulations 2025

Saiosh Comments

Draft General Machinery Regulations 2025

Government Gazette R.53210 No. 6532

The Minister of the Department of Employment and Labour (DEL), on 22 August 2025, published Draft General Machinery Regulations 2025 for public comment. Interested persons were given 90 days to submit written comments to the DEL.

Saiosh established a Technical Committee (TC) comprising of member experts, including Occupational Safety and Health Professionals, an OHS Legal Advisor, a Professional Registered Mechanical / Electrical Engineer and an ex-Department of Employment and Labour specialist law writer to compile comments on the Draft General Machinery Regulations 2025.

Saiosh has addressed some key issues that were not adequately covered in the draft GMR:

• Missing scope of application.
• Alignment with OHSA’s Self-Regulation Principle.  Both the original and draft regulations continue to rely heavily on inspector-driven administrative actions. It is proposed that an employer-driven risk management approach, consistent with OHSA, be considered. A full review of the regulations will be needed to address this comprehensively.
• Risk-Based Competency Requirement (GMR 2(1)).  The previous blanket requirement for a competent person wherever machinery exists was not aligned with the definition of “reasonably practicable” under OHSA. A Socio-Economic Impact Assessment (SIA) would likely confirm that such a requirement could impose disproportionate costs without corresponding risk reduction. The revised approach introduces a risk-based application of competency requirements, ensuring proportionality and fairness. This is in line with Section 33 of the Constitution and the Promotion of Administrative Justice Act (PAJA), which together guarantee lawful, reasonable, and procedurally fair administrative action.
  
  

The Saiosh comments comprises the current General Machinery Regulations, the Draft General Machinery Regulations 2025, Saiosh's proposed changes to the draft regulations and motivation for the proposed changes.

The Saiosh comments on the Draft General Machinery Regulations 2025 were submitted to the DEL on Monday the 6th of October 2025.

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