| Occupational Health and Safety Act No. 85 of 1993 |
Section 1; Definitions |
“approved inspection authority” means an inspection authority approved by the chief inspector: Provided that an inspection authority approved by the chief inspector with respect to any particular service shall be an approved inspection authority with respect to that service only; “biological monitoring” means a planned programme of periodic collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism by person; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“building” includes – (a) any structure attached to the soil; (b) any building or such structure or part thereof which is in the process of being erected; or (c) any prefabricated building or structure not attached to the soil; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“chief executive officer”, in relation to a body corporate or an enterprise conducted by the State, means the person who is responsible for the overall management and control of the business of such body corporate or enterprise; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“chief inspector” means the officer designated under section 27 as chief inspector, and includes any officer acting as chief inspector; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“Council” means the Advisory Council for Occupational Health and Safety established by section 2; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“danger” means anything which may cause injury or damage to persons or property; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“Department” means the Department of Manpower; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“employee” means, subject to the provisions of sub-section (2), any person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of any employer or any other person; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“employer” means, subject to the provisions of sub-section (2), any person who employs or provides work for any person and remunerates that person or expressly or tacitly undertakes to remunerate him, but excludes a labour broker as defined in section 1(1) of the Labour Relations Act, 1956 (Act No. 28 of 1956); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“employers’ organization” means an employers’ organization as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956). |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“employment” or “employed” means employment or employed as an employee; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“explosives” means any substance or article as listed in Class 1: Explosives in South African Bureau of Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods, SABS 0228; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“hazard” means a source of or exposure to danger; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“health and safety committee” means a committee established under section 19; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“health and safety equipment” means any article or part thereof which is manufactured, provided or installed in the interest of the health or safety of any person; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“health and safety representative” means a person designated in terms of section 17(1); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“health and safety standard” means any standard, irrespective of whether or not it has the force of law, which, if applied for the purposes of this Act will in the opinion of the Minister promote the attainment of an object of this Act; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“healthy” means free from illness or injury attributable to occupational causes; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“incident” means an incident as contemplated in section 24(1); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“industrial court” means the industrial court referred to in section 17 of the Labour Relations Act, 1956 (Act No. 28 of 1956); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“inspection authority” means any person who with the aid of specialized knowledge or equipment or after such investigations, tests, sampling or analyses as he may consider necessary, and whether for reward or otherwise, renders a service by making special findings, purporting to be objective findings, as to – (a) the health of any person; (b) the safety or risk to health or any work, article, substance, plant or machinery, or of any condition prevalent on or in any premises; or (c) the question of whether any particular standard has been or is being complied with, with respect to any work, article, substance, plant or machinery, or with respect to work or a condition prevalent on or in any premises, or with respect to any other matter, and by issuing a certificate, stating such findings, to the person to whom the service is rendered; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“inspector” means a person designated under section 28; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“listed work” means any work declared to be listed work under section 11; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“local authority” means – (a) any institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961); (b) any regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985); (c) any other institution or body or the holder of any office declared by the Minister by notice in the Gazette to be a local authority for the purpose of this Act; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“machinery” means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whether incidental thereto or not, for developing, receiving, storing, containing, confirming, transforming, transmitting, transferring, or controlling any form of energy; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“major hazard installation” means an installation, (a) where more than the prescribed quantity of any substance is or may be kept, whether permanently or temporarily; or (b) where any substance is produced, processed, used, handled or stored in such a form and quantity that it has the potential to cause a major incident; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“major incident” means an occurrence of catastrophic proportions, resulting from the use of plant or machinery, or from activities at a workplace; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“mandatary” includes an agent, a contractor or a sub-contractor for work, but without derogating from his status in his own right as an employer or a user; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“medical surveillance” means a planned programme or periodic examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases, by an occupational medicine practitioner; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“Minister” means the Minister of Manpower; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“occupational health” includes occupational hygiene, occupational medicine and biological monitoring; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“occupational health practitioner” means an occupational medicine practitioner or a person who holds a qualification in occupational health recognized as such by the South African Medical and Dental Council as referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), or the South African Nursing Council as referred to in the Nursing Act, 1978 (Act No. 50 of 1978); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“occupational hygiene” means the anticipation, recognition, evaluation and control of conditions arising in or from the workplace, which may cause illness of adverse health effects to persons; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“occupational medicine” means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated with a particular type of work; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“occupational medicine practitioner” means a medical practitioner as defined in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), who holds a qualification in occupational medicine or an equivalent qualification which qualifications or equivalent is recognized as such by the South African Medical and Dental Council referred to in the said Act; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“office” means an office as defined in section 1(1) of the basic Conditions of Employment Act, 1983 (Act No. 3 of 1983); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“organism” means any biological entity which is capable of causing illness to persons; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“plant” includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used for any purpose in connection with such plant; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“premises” includes any building, vehicle, vessel, train or aircraft; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“prescribed” means prescribed by regulations; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“properly used” means used with reasonable care, and with due regard to any information, instruction or advice supplied by the designer, manufacturer, importer, seller or supplier; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“reasonable practicable” means practicable having regard to – (a) the severity and scope of the hazard or risk concerned; (b) the state of knowledge reasonably available concerning that hazard or risk and of any means of removing or mitigating that hazard or risk; (c) the availability and suitability of means to remove or mitigate that hazard or risk; and (d) the cost of removing or mitigating that hazard or risk in relation to the benefits deriving there from; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“regulation” means a regulation made under section 43; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“remuneration” means any payment in money or in kind or both in money and in kind, made or owing to any person in pursuance of such person’s employment; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“risk” means the probability that injury or damage will occur; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“safe” means free from any hazard; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“sell” includes – (a) offer or display for sale or import into the Republic for sale; or (b) exchange, donate, lease or offer or display for leasing; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“shop” means a shop as defined in section 1(1) of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“standard” means any provision occurring – (a) in a specification, compulsory specification, code of practice or standard method as defined in section 1 of the Standards Act, 1983 (Act No. 29 of 1983); or (b) in any specification, code or any other directive having standardization as its aim and issued by an institution or organization inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or territory, seeks to promote standardization; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“substance” includes any solid, liquid, vapour, gas or aerosol, or combination thereof; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“this Act” includes any regulation; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“trade union” means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956); |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“user” in relation to plant or machinery, means any person who uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or any person employed in connection with, that plant or machinery; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“work” means work as an employee or as a self-employed person, and for such purpose an employee is deemed to be at work during the time that he is in the course of his employment, and a self-employed person is deemed to be at work during such time as he devotes to work as a self-employed person; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
“work place” means any premises or place where a person performs work in the course of his employment; |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
The Minister may by notice in the Gazette declare that a person belonging to a category of persons specified in the notice shall for the purposes of this Act or any provisions thereof be deemed to be an employee, and thereupon any person vested and charged with the control and supervision of the said person shall for the said purposes be deemed to be the employer of such person. |
1993 |
| OHSAct No. 85 of 1993 |
Section 1; Definitions |
This Act shall not apply in respect of – (a) a mine, a mining area or any works as defined in the Minerals Act, 1991 (Act No. 50 of 1991), except in so far as that Act provides otherwise; (b) any load line ship (including a ship holding a load line exemption certificate), fishing boat, sealing boat and whaling boat as defined in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), or any floating crane, whether or not such ship, boat or crane is in or out of the water within any harbour in the Republic or within the territorial waters thereof, or in respect of any persons present on or in any such mine, mining area, works, ship, boat or crane. |
1993 |
| OHSAct No. 85 of 1993 |
Section 2; Establishment of Advisory Council for Occupational Health and Safety. |
There is hereby established an Advisory Council for Occupational Health and Safety. |
1993 |
| OHSAct No. 85 of 1993 |
Section 3; Functions of Council. |
1) The Council shall – (a) advise the Minister with regard to – (i) matters of policy arising out of or in connection with the application of the provisions of this Act; (ii) any matter relating to occupational health and safety; (b) perform the functions assigned to it by this Act or referred to it by the Minister. 2) The Council may – (a) with a view to the performance of its functions, do such research and conduct such investigations as it may deem necessary; (b) make rules relating to the calling of meetings of the Council, the determining of a quorum for and the procedure at such meetings, and generally relating to all matters which may be necessary for the effective performance of the functions of the Council or, subject to section 6, of a technical committee; (c) advise the Department concerning – (i) the formulation and publication of standards, specifications, or other forms of guidance for the purpose of assisting employers, employees and users to maintain appropriate standards of occupational health and safety; (ii) the promotion of education and training in occupational health and safety; and (iii) the collection and dissemination of information on occupational health and safety. 3) The Council may for the purposes of the performance of any of its functions, with the approval of the Minister, and with the concurrence of the Minister of State Expenditure, enter into an agreement for the performance of a particular act or particular work or for the rendering of a particular service, on such conditions and at such remuneration as may be agreed upon, with anybody who in the opinion of the Council is fit to perform such act or work or to render such service. 4) Subject to the laws governing the Public Service, the Minister shall provide the Council with such personnel as he may deem necessary for the effective performance of the functions of the Council, and such persons shall perform their functions subject to the control and directions of the chief inspector.
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1993 |
| OHSAct No. 85 of 1993 |
Section 4; Constitution of Council. |
1) The Council shall consist of 20 members, namely – (a) the chief inspector, ex officio, who shall be the chairman; (b) one officer serving in the Department; (c) the Workmen’s Compensation Commissioner, or his nominee; (d) one person nominated by the Minister for National Health and Welfare; (e) one person nominated by the Minister of Mineral and Energy Affairs; (f) six persons to represent the interests of employers from a list of the names of persons nominated by employers’ organizations or federations of employers’ organizations; (g) six persons to represent the interests of employees from a list of the names of persons nominated by trade unions or federations of trade unions; (h) one person who in the opinion of the Minister has knowledge of occupational safety matters; (i) one person who in the opinion of the Minister has knowledge of occupation medicine and who was recommended by the Minister for National Health and Welfare; (j) one person who in the opinion of the Minister has knowledge of occupational hygiene. 2) The members referred to in sub-section (1)(b) up to and including (j) shall be appointed by the Minister.
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1993 |
| OHSAct No. 85 of 1993 |
Section 5; Period of office and remuneration of members of Council. |
1) The members of the Council referred to in section 4 (2) shall be appointed for a period of three years, and on such conditions as the Minister may determine with the concurrence of the Minister of State Expenditure. 2) Any person whose period of office as a member of the Council has expired shall be eligible for reappointment. 3) A member referred to in section 4(1)(f), (g), (i), (j) who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
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1993 |
| OHSAct No. 85 of 1993 |
Section 6; Establishment of technical committees of Council. |
1) The Council may with the approval of the Minister establish one or more technical committees to advise the Council on any matter regarding the performance by the Council of its functions. 2) A member of a technical committee shall be appointed by the Council by reason of his knowledge of the matter for which the committee is established, and such a member need not be a member of the Council. 3) A meeting of a technical committee shall be held at such time and place as may be determined by the chairman of the Council, and in accordance with rules approved by the Council. 4) A member of a technical committee who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
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1993 |
| OHSAct No. 85 of 1993 |
Section 7; Health and Safety Policy |
1) The chief inspector may direct – (a) any employer in writing; and (b) any category of employers by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organization and the arrangement for carrying out and reviewing that policy. 2) Any direction under sub-section (1) shall be accompanied by guide-lines concerning the contents of the policy concerned. 3) An employer shall prominently display a copy of the policy referred to in sub-section (1), signed by the chief executive officer, in the workplace where his employees normally report for service. 8 |
1993 |
| OHSAct No. 85 of 1993 |
Section 8; General duties of employers to their employees |
1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health and safety of his employees. 2) Without derogating from the generality of an employer’s duties under sub-section (1), the matters to which those duties refer include in particular – (a) a provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health, (b) taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety of employees, before resorting to personal protective equipment; (c) making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances; (d) establishing, as far as is reasonably practicable, what hazards to the health and safety or persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant and machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures; (e) providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees; (f) as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken; (g) taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises under his control where plant or machinery is used; (h) enforcing such measures as may be necessary in the interest of health and safety; (i) ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and (j) causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1)(b). |
1993 |
| OHSAct No. 85 of 1993 |
Section 9; General duties of employers and self-employed persons other than their employees |
1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety. 2) Every self-employed person shall conduct his undertaking in such a manner as to ensure, as far as is reasonable practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to hazards to their health and safety.
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1993 |
| OHSAct No. 85 of 1993 |
Section 10; General duties of manufacturers and others regarding articles and substances for use at work |
1) Any person who designs, manufacturers, imports, sells or supplies, any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements. 2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used. 3) Any person who manufacturers, imports, sells or supplies any substance for use at work shall- (a) ensure as far as is reasonably practicable, that the substance is safe and without risk to health when properly used; and (b) take such steps as may be necessary to ensure that information is available with regard to the use of the substance at work, the risks to health and safety associated with such substance, the conditions necessary to ensure that the substance will be safe and without risks to health when properly used and the procedure to be followed in the case of an accident involving such substance. 4) Where a person designs, manufactures, imports, sells or supplies an article or substance for or to another person and that other person undertakes in writing to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms of the undertaking.
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1993 |
| OHSAct No. 85 of 1993 |
Section 11; Listed work |
1) The Minister may, subject to the provisions of sub-section (2) and (3), by notice in the Gazette declare any work, under the conditions or circumstances specified in the notice, to be listed work. 2) (a) Before the Minister declares any work to be listed work, he shall cause to be published in the Gazette a draft of his proposed notice and at the same time invite interested persons to submit to him in writing within a specified period, comments and representations in connection with the proposed notice. (b) A period of no less than three months shall elapse between the publication of the draft notice and the notice under sub-section (1). 3) The provisions of sub-section (2) shall not apply – (a) if the Minister in pursuance of comments and representations received in terms of sub-section (2)(a), decides to publish the notice referred to in sub-section (1) in an amended form; and (b) to any declaration in terms of sub-section (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay. 4) A notice under sub-section (1) may at any time be amended or withdrawn by like notice.
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1993 |
| OHSAct No. 85 of 1993 |
Section 12; General duties of employers regarding listed work |
1) Subject to such arrangements as may be prescribed, every employer whose employees undertake listed work or are liable to be exposed to the hazards emanating from listed work, shall, after consultation with the health and safety committee established for that workplace – (a) identify the hazards and evaluate the risks associated with such work constituting a hazard to the health of such employees, and the steps that need to be taken to comply with the provisions of this Act; (b) as far as is reasonably practicable, prevent the exposure of such employees to the hazards concerned or, where prevention is not reasonably practicable, minimize such exposure, and (c) having regard to the nature of the risk associated with such work and the level of exposure of such employees to the hazards, carry out an occupational hygiene programme and biological monitoring, and subject such employees to medical surveillance. 2) Every employer contemplated in sub-section (1) shall keep the health and safety representatives designated for their workplaces or sections of the workplaces, informed of the actions taken under sub-section (1) in their respective workplaces or sections thereof and of the results of such actions: Provided that individual results of biological monitoring and medical surveillance relating to the work of the employee, shall only with the written consent of such employee be made available to any person other than an inspector, the employer or the employee concerned. |
1993 |
| OHSAct No. 85 of 1993 |
Section 13; Duty to inform |
Without derogating from any specific duty imposed on an employer by this Act, every employer shall– (a) as far as is reasonably practicable, cause every employee to be made conversant with the hazards to his health and safety attached to any work which he has to perform, any article or substance which he has to produce, process, use, handle, store or transport and any plant or machinery which he is required or permitted to use, as well as with the precautionary measures which should be taken and observed with respect to those hazards; (b) inform the health and safety representatives concerned beforehand of inspections, investigations or formal inquiries of which he has been notified by an inspector, and of any application for exemption made by him in terms of section 40; and (c) inform a health and safety representative as soon as reasonably practicable of the occurrence of an incident in the workplace or section of the workplace for which such representative has been designated. |
1993 |
| OHSAct No. 85 of 1993 |
Section 14; General duties of employees at work |
Every employee shall at work – (a) take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions; (b) as regards any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with; (c) carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health and safety; (d) if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation to his employer or the health and safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer; and (e) if he is involved in any incident which may affect his health or which has caused an injury to himself, report such incident to his employer to anyone authorized thereto by the employer, or to his health and safety representative, as soon as practicable but not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that the reporting of the incident was not possible, in which case he shall report the incident as soon as possible thereafter. |
1993 |
| OHSAct No. 85 of 1993 |
Section 15; Duty not to interfere with, damage or misuse things |
No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety. |
1993 |
| OHSAct No. 85 of 1993 |
Section 16; Chief executive officer charged with certain duties |
1) Every chief executive officer shall as far as is reasonably practicable ensure that the duties of his employer as contemplated in this Act, are properly discharged. 2) Without derogating from his responsibility or liability in terms of sub-section (1), a chief executive officer may assign any duty contemplated in the said sub-section, to any person under his control, which person shall act subject to the control and directions of the chief executive officer. 3) The provisions of sub-section (1), shall not, subject to the provisions of section 37, relieve an employer of any responsibility or liability under this Act, 4) For the purpose of sub-section (1), the head of department of any department of State shall be deemed to be the chief executive officer of that department.
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1993 |
| OHSAct No. 85 of 1993 |
Section 17; Health and safety representatives |
1) Subject to the provisions of sub-section (2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof. 2) An employer and the representatives of his employees recognized by him or, where there are no such representatives, the employees shall consult in good faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of sub-section (1): Provided that if such consultation fails, the matter shall be referred for arbitration to a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitration, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final. 3) Arbitration in terms of sub-section (2) shall not be subject to the provisions of the Arbitration Act, 1965 (Act No. 42 of 1965), and a failure of the consultation contemplated in that sub-section shall not be deemed to be a dispute in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister may prescribe the manner of arbitration and the remuneration of the arbitrator designated by the President of the Industrial Court. 4) Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section. 5) The number of health and safety representatives for a workplace or section thereof shall in the case of shops and offices be at least one health and safety representative for every 100 employees or part thereof, and in the case of all other workplaces at least one health and safety representative for every 50 employees or part thereof: Provided that those employees performing work at a workplace other than that where they ordinarily report for duty, shall be deemed to be working at the workplace where they so report for duty. 6) If an inspector is of the opinion that the number of health and safety representatives for any workplace or section thereof, including a workplace of section with 20 or fewer employees, inadequate, he may by notice in writing direct the employer to designate such number of employees as the inspector may determine as health and safety representatives for that workplace or section thereof in accordance with the arrangements and procedures referred to in sub-section (2). 7) All activities in connection with the designation, functions and training of health and safety representatives shall be performed during ordinary working hours, and anytime reasonably spent by any employee in this regard shall for all purposes be deemed to be time spent by him in the carrying out of his duties as an employee.
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1993 |
| OHSAct No. 85 of 1993 |
Section 18; Functions of health and safety representatives |
1) A health and safety representative may perform the following functions in respect of the workplace or section of the workplace for which he has been designated, namely – (a) review the effectiveness of health and safety measures; (b) identify potential hazards and potential major incidents at the workplace; (c) in collaboration with his employer, examine the causes of incidents at the workplace; (d) investigate complaints by any employee relating to that employee’s health or safety at work; (e) make representations to the employer or a health and safety committee on matters arising from paragraphs (a), (b), (c) or (d), or where such representations are unsuccessful, to an inspector; (f) make representations to the employer on general matters affecting the health or safety of the employees at the workplace; (g) inspect the workplace, including any article, substance, plant, machinery or health and safety equipment at that workplace with a view to the health and safety of employees, at such intervals as may be agreed upon with the employer: Provided that the health and safety representative shall give reasonable notice of his intention to carry out such an inspection to the employer, who may be present during the inspection; (h) participate in consultations with inspectors at the workplace and accompany inspectors on inspections of the workplace; (i) receive information from inspectors as contemplated in section 36; and (j) in his capacity as a health and safety representative attend meetings of the health and safety committee of which he is a member, in connection with any of the above functions. 2) A health and safety representative shall, in respect of the workplace or section of the workplace for which he has been designated be entitled to – (a) visit the site of an incident at all reasonable times and attend any inspections in loco; (b) attend any investigation or formal inquiry held in terms of this Act; (c) in so far as it is reasonably necessary for performing his functions, inspect any document which the employer is required to keep in terms of this Act; (d) accompany an inspector on any inspection; (e) with the approval of the employer (which approval shall not be unreasonably withheld), be accompanied by a technical adviser, on any inspection; and (f) participate in any internal health and safety audit. 3) An employer shall provide such facilities, assistance and training as a health and safety representative may reasonably require and as have been agreed upon for the carrying out of his functions. 4) A health and safety representative shall not incur any civil liability by reason of the fact that he failed to do anything which he may do or is required to do in terms of this Act.
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1993 |
| OHSAct No. 85 of 1993 |
Section 19; Health and Safety Committees |
1) An employer shall in respect of each workplace where two or more health and safety representatives have been designated, establish one or more health and safety committees and, at every meeting of such a committee as contemplated in sub-section (4), consult with the committee with a view to initiating, developing, promoting, maintaining and reviewing measures to ensure the health and safety of his employees at work. 2) A health and safety committee shall consist of such number of members as the employer may from time to time determine: Provided that – (a) if one health and safety committee has been established in respect of a workplace, all the health and safety representatives for that workplace shall be members of the committee; (b) if two or more health and safety committees have been established in respect of a workplace, each health and safety representative for that workplace shall be a member of at least one of those committees; and (c) the number of persons nominated by an employer on any health and safety committee established in terms of this section shall not exceed the number of health and safety representatives on that committee. 3) The persons nominated by an employer on a health and safety committee shall be designated in writing by the employer for such period as may be determined by him, while the health and safety representatives shall be members of the committee for the period of their designation in terms of Section 17(1). 4) A health and safety committee shall hold meetings as often as may be necessary, but at least once every three months, at a time and place determined by the committee: Provided that an inspector may by notice in writing direct the members of a health and safety committee to hold a meeting at a time and place determined by him: Provided further that, if more than 10 per cent of the employees at a specific workplace has handed a written request to an inspector, the inspector may by written notice direct that such a meeting be held. 5) The procedure at meetings of a health and safety committee shall be determined by the committee. 6) (a) A health and safety committee may co-opt one or more persons by reason of his or their particular knowledge of health or safety matters as an advisory member or as advisory members of the committee. (b) An advisory member shall not be entitled to vote on any matter before the committee. 7) If an inspector is of the opinion that the number of health and safety committees established for any particular workplace is inadequate, he may in writing direct the employer to establish for such workplace such number of health and safety committees as the inspector may determine. |
1993 |
| OHSAct No. 85 of 1993 |
Section 20; Functions of health and safety committees |
1) A health and safety committee – (a) may make recommendations to the employer or, where the recommendations fail to resolve the matter, to an inspector regarding any matter affecting the health and safety of persons at the workplace or any section thereof for which such committee has been established; (b) shall discuss any incident at the workplace or section thereof in which or in consequence of which any person was injured, became ill or died, any may in writing report on the incident to an inspector; and (c) shall perform such other functions as may be prescribed. 2) A health and safety committee shall keep record of each recommendation made to any employer in terms of sub-section (1) (a) and of any report made to an inspector in terms of sub-section (1) (b). 3) A health and safety committee or a member thereof shall not incur any civil liability by reason of the fact only that it or he failed to do anything which it or he may or is required to do in terms of this Act. 4) An employer shall take the prescribed steps to ensure that a health and safety committee complies with the provisions of section 19 (4) and performs the duties assigned to it by sub-section s (1) and (2).
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1993 |
| OHSAct No. 85 of 1993 |
Section 21; General prohibitions |
1) The Minister may by notice in the Gazette declare – (a) that no employer shall require or permit any employee belonging to a category of employees specified in the notice to perform work on or in any premises on or in which an activity specified in the notice is carried out which in the opinion of the Minister is an activity which threatens or is likely to threaten the health or safety of an employee belonging to that category of employees, or that no employer shall require or permit any such employee to perform any work on or in such premises otherwise than on the conditions specified in the notice. (b) that no employer shall require or permit any employee to perform any work in connection with the carrying out of a process specified in the notice which in the opinion of the Minister is a process which threatens or is likely to threaten the health or safety of any employee, or that no employer shall require or permit an employee to perform any work in connection with the carrying out of such a process otherwise than on the conditions specified in the notice; and (c) that no employer shall require or permit any employee, otherwise than on the conditions specified in the notice, to perform any work on or in any premises where an article or substance specified in the notice is produced, processed, used, handled, stored or transported which in the opinion of the Minister is any article or substance which threatens or is likely to threaten the health or safety of an employee. 2) (a) The Minister shall, before he publishes a notice under sub-section (1), cause a draft of his proposed notice to be published in the Gazette and at the same time invite interested persons to submit to him in writing, within a specified period, comments and representations in connection with the proposed notice. (b) The provisions of paragraph (a) shall not apply if the Minister, in pursuance of comments and representations received, decides to publish the notice referred to in sub-section (1) in an amended form. 3) A notice under sub-section (1) may at any time be amended or withdrawn by like notice. 4) A notice shall not be issued under sub-section (1) or (3) unless the Minister for National Health and Welfare and the Council have been consulted. 5) A notice issued or deemed to have been issued under section 13 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), and which was in force immediately prior to the commencement of this Act, shall be deemed to have been issued under this section. |
1993 |
| OHSAct No. 85 of 1993 |
Section 22; Sale of certain articles prohibited |
Subject to the provisions of section 10(4), if any requirement (including any health and safety standard) in respect of any article, substance, plant, machinery or health and safety equipment or for the use or application thereof has been prescribed, no person shall sell or market in any manner whatsoever such article, substance, plant, machinery or health and safety equipment unless it complies with that requirement.
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1993 |
| OHSAct No. 85 of 1993 |
Section 23; Certain deductions prohibited |
No employer shall in respect of anything which he is in terms of this Act required to provide or to do in the interest of the health or safety of an employee, make any deduction from any employee’s remuneration or require or permit any employee to make any payment to him or any other person. |
1993 |
| OHSAct No. 85 of 1993 |
Section 24; Report to inspector certain incidents |
1) Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which – (a) any person dies, becomes unconscious, suffers the loss of a limb or part of a limb or is otherwise injured or becomes to ill to such a degree that he is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed; (b) a major incident occurred; or (c) the health or safety of any person was endangered and where – (i) a dangerous substance was spilled; (ii) the uncontrolled release of any substance under pressure took place; (iii) machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled moving objects; or (iv) machinery ran out of control, shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be. 2) In the event of an incident in which a person died, or was injured to such an extent that he is likely to die, or suffered the loss of a limb or part of a limb, no person shall without the consent of an inspector disturb the site at which the incident occurred or remove any article or substance involved in the incident there from: Provided that such action may be taken as is necessary to prevent a further incident, to remove the injured or dead, or to rescue persons from danger. 3) The provisions of sub-sections (1) and (2) shall not apply in respect of – (a) a traffic accident on a public road; (b) an incident occurring in a private household, provided the householder forthwith reports the incident to the South African Police; of (c) any accident which is to be investigated under section 12 of the Aviation Act, 1962 (Act No. 74 of 1962). 4) A member of the South African Police to whom an incident was reported in terms of sub-section (3) (b), shall forthwith notify an inspector thereof. |
1993 |
| OHSAct No. 85 of 1993 |
Section 25; Report to chief inspector regarding occupational disease |
Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person’s employment, shall within the prescribed period and in the prescribed manner report the case to the person’s employer and to the chief inspector, and inform that person accordingly.
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1993 |
| OHSAct No. 85 of 1993 |
Section 26; Victimization forbidden |
1) No employer shall dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the fact, or because he suspects or believes, whether or not the suspicion or belief is justified or correct, that employee has given information to the Minister or to any other person charged with the administration of a provision of this Act which in terms of this Act he is required to give or which relates to the terms, conditions or circumstances of his employment or to those of any other employee of his employer, or has complied with a lawful prohibition, requirement, request or direction of an inspector, or has given evidence before a court of law or the industrial court, or has done anything which he may or is required to do in terms of this Act or has refused to do anything which he is prohibited from doing in terms of this Act. 2) No employer shall unfairly dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment in terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the information that the employer has obtained regarding the results contemplated in section 12 (2) or by reason of a report made to the employer in terms of section 25.
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1993 |
| OHSAct No. 85 of 1993 |
Section 27; Designation and functions of chief inspector |
1) The Minister shall designate an officer serving in the Department as chief inspector for the purposes of this Act. 2) The chief inspector shall perform his functions subject to the control and supervision of the Director-General of the Department and may perform any function assigned to an inspector by this Act. 3) (a) The chief inspector may delegate any power conferred upon him by this Act, excluding a power referred to in section 35(1) or delegated to him under section 42, to any other officer or authorize any such officer to perform and duty assigned to him by this Act. (b) No delegation of a power under paragraph (a) shall prevent the exercise of such power by the chief inspector himself. 4) Whenever the chief inspector is absent or unable to perform his functions as chief inspector or whenever the designation of a chief inspector is pending, the Minister may designate any other officer serving in the Department to act as chief inspector during the chief inspector’s absence or incapacity or until a chief inspector is designated. 5) Any person who immediately prior to the commencement of this Act was designated as chief inspector under section 19 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as chief inspector under sub-section (1) of this section.
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1993 |
| OHSAct No. 85 of 1993 |
Section 28; Designation of inspectors by Ministers |
1) The Minister may designate any person as an inspector to perform, subject to the control and directions of the chief inspector, any or all the functions assigned to an inspector by this Act. 2) Each inspector designated under sub-section (1) shall be furnished with a certificate signed by or on behalf of the Minister and stating that he has been designated as an inspector: Provided that if his designation as inspector is limited to any particular function or functions, his certificate shall state such limitation. 3) Whenever an inspector designated under sub-section (1) performs a function under this Act in the presence of any person affected thereby the inspector shall on demand by such person produce to him the certificate referred to in sub-section (2). 4) Any officer who immediately prior to the commencement of this Act was designated as an inspector under section 20 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as an inspector under sub-section (1) of this section.
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1993 |
| OHSAct No. 85 of 1993 |
Section 29; Functions of inspectors |
1) An inspector may, for the purpose of this Act – (a) without previous notice, at all reasonable times, enter any premises which are occupied or used by an employer or on or in which an employee performs any work or any plant or machinery is used, or which he suspects to be such premises; (b) question any person who is or was on or in such premises, either alone or in the presence of any other person, on any matter to which this Act relates; (c) require from any person who has control over or custody of a book, record or other document on or in those premises, to produce to him forthwith, or at such time and place as may be determined by him, such book, record or other document; (d) examine any such book, record or other document or make a copy thereof or an extract there from; (e) require from such a person an explanation of any entry in such book, record or other document; (f) inspect any article, substance, plant or machinery which is or was on or in those premises, or any work performed on or in those premises or any condition prevalent on or in those premises or remove for examination or analysis any article, substance, plant or machinery or a part or sample thereof; (g) seize any such book, record or other document or any such article, substance, plant or machinery or a part or sample thereof which in his opinion may serve as evidence at the trial of ay person charged with an offence under this Act or the common law: Provided that the employer or user of the article, substance, plant or machinery concerned, as the case may be, may make copies of such book, record or document before such seizure; (h) direct any employer, employee or user, including any former employer, employee or user, to appear before him at such time and place as may be determined by him and question such employer, employee or user either alone or in the presence of any other person on any matter to which this Act relates; (i) perform any other function as may be prescribed. 2) (a) An interpreter, a member of the South African Police or any other assistant may, when required by an inspector, accompany him when he performs his functions under this Act. (b) For the purpose of this Act an inspector’s assistant shall, while he acts under the instructions of an inspector, be deemed to be an inspector. 3) When an inspector enters any premises under sub-section (1) the employer occupying or using those premises and each employee performing any work thereon or therein and any user of plant or machinery thereon or therein, shall at all times provide such facilities as are reasonably required by the inspector to enable him and his assistant (if any) to perform effectively and safely his or their functions under this Act. 4) When an inspector removes or seizes any article, substance, plant, machinery, book, record or other document as contemplated in sub-section (1) (f) or (g), he shall issue a receipt to the owner or person in control thereof.
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1993 |
| OHSAct No. 85 of 1993 |
Section 30; Special powers of inspectors |
1) (a) Whenever an employer performs an act of requires or permits an act to be performed, or proposes to perform an act or to require or permit an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person, the inspector may in writing prohibit that employer from continuing or commencing with the performance of that act or from enquiring or permitting that act to be continued or commenced with, as the case may be. (b) Whenever a user of plant or machinery uses or proposes to use any plant or machinery, in a manner or in circumstances which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person who works with such plant or machinery or who is or may come within the vicinity thereof, the inspector may in writing prohibit that user from continuing or commencing with the use of such plant or machinery or in that manner or those circumstances, as the case may be. (c) An inspector may in writing prohibit an employer from requiring or permitting an employee or any employee belonging to a category of employees specified in the prohibition to be exposed in the course of his employment for a longer period than a period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the health or safety of that employee or the employee belonging to that category or employees, as the case may be. (d) A prohibition imposed under paragraph (a), (b) or (c) may at any time be revoked by an inspector in writing if arrangements to the satisfaction of the inspector have been made to dispose of the treat which gave rise to the imposition of the prohibition. 2) In order to enforce a prohibition imposed under sub-section (1) (a) or (b), an inspector may block, bar, barricade or fence off that part of the workplace, plant or machinery to which the prohibition applies, and no person shall interfere with or remove such blocking, bar, barricade or fence. 3) Whenever an inspector is of the opinion that the health or safety of any person at a workplace or in the course of his employment or in connection with the use of plant or machinery is threatened on account of the refusal or failure of an employer or user, as the case may be, to take reasonable steps in the interest of such person’s health or safety, the inspector may in writing direct that employer or user to take such steps as are specified in the direction within a specified period. 4) Whenever an inspector is of the opinion that an employer or a user has failed to comply with a provision of a regulation applicable to him, the inspector may in writing direct that employer or user to take within a period specified in the direction such steps as in the inspector’s opinion are necessary to comply with the said provision, and are specified in the direction. 5) A period contemplated in sub-section (3) or (4) may at any time be extended by an inspector by notice in writing to the person concerned. 6) An employer shall forthwith bring the contents of a prohibition, direction or notice under this section to the attention of the health and safety representatives and employees concerned. |
1993 |
| OHSAct No. 85 of 1993 |
Section 31; Investigations |
1) An inspector may investigate the circumstances of any incident which has occurred at or originated from a workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the inspector could have resulted, in the injury, illness or death of any person in order to determine whether it is necessary to hold a formal investigation in terms of section 32. 2) After completing the investigation in terms of sub-section (1) the inspector shall submit a written report thereon, together with all relevant statements, documents and information gathered by him, to the attorney-general within whose area of jurisdiction such incident occurred and he shall at the same time submit a copy of the report, statements and documents to the chief inspector. 3) Upon receipt of a report referred to in sub-section (2), the attorney-general shall deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No. 58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case may be. 4) An inspector holding an investigation shall not incur any civil liability by virtue of anything contained in the report referred to in sub-section (2). |
1993 |
| OHSAct No. 85 of 1993 |
Section 32; Formal Inquiries |
1) The chief inspector may, and he shall when so requested by a person producing prima facie evidence of an offence, direct an inspector to conduct a formal inquiry into any incident which has occurred at or originated from a workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the chief inspector could have resulted, in the injury, illness or death of any person. 2) For the purpose of an inquiry referred to in sub-section (1) an inspector may subpoena any person to appear before him on a day and at a place specified in the subpoena and to give evidence or to produce any book, document or thing which in the opinion of the inspector has a bearing on the subject of the inquiry. 3) Save as is otherwise provided in this section, the law governing criminal trials in magistrates’ courts shall mutatis mutandis apply to obtaining the attendance of witnesses at an inquiry under this section, the administering of an oath or affirmation to them, their examination, the payment of witness fees to them and the production by them of books, documents and things. 4) Any inquiry under this section shall be held in public: Provided that the presiding inspector may exclude from the place where the inquiry is held, any person whose presence is, in his opinion, undesirable or not in the public interest. 5) (a) The presiding inspector may designate any person to lead evidence and to examine any witness giving evidence at a formal inquiry. (b) Any person who has an interest in the issue of the formal inquiry may personally or by representative, advocate or attorney put such questions to a witness at the inquiry to such extent as the presiding inspector may allow. (c) The following persons shall have an interest as referred to in paragraph (b), namely – (i) any person who was injured or suffered damage as a result of the incident forming the subject of the inquiry; (ii) the employer or user, as the case may be, involved in the incident; (iii) any person in respect of whom in the opinion of the presiding inspector it can reasonably be inferred from the evidence that he could be held responsible for the incident; (iv) a trade union recognized by the employer concerned or any trade union of which a person referred to in sub-paragraph (i) or (iii) is a member; (v) any owner or occupier of any premises where the said incident occurred; (vi) any other person who, at the discretion of the presiding inspector, can prove such interest. 6) (a) An inquiry may, if it is necessary or expedient, be adjourned at any time by the presiding inspector. (b) An inquiry adjourned under paragraph (a) may at any stage be continued by an inspector other than the inspector before whom the inquiry commenced, and may after an adjournment again be continued by the inspector before whom the inquiry commenced. 7) An affidavit made by any person in connection with the incident in respect of which the inquiry is held, shall at the discretion of the presiding inspector upon production be admissible as proof of the facts stated therein, and the presiding inspector may, at his discretion, subpoena the person who made such an affidavit to give oral evidence at the inquiry or may submit written interrogatories to him for reply, and such interrogatories and any reply thereto purporting to be a reply from such person shall likewise be admissible in evidence at the inquiry: Provided that the presiding inspector shall afford any person present at the inquiry the opportunity to refute the facts stated in such document, evidence or reply. 8) (a) Whenever in the course of any inquiry it appears to the presiding inspector that the examination of a witness is necessary and that the attendance of such witnesses cannot be procured without a measure of delay, expense or inconvenience which in the circumstances would be unreasonable, the presiding inspector may dispense with such attendance and may appoint a person to be a commissioner to take the evidence of such witness, whether within or outside the Republic, in regard to such matters or facts as the presiding inspector may indicate. (b) Any person referred to in sub-section (5) (b) may in person or through a representative, advocate or attorney appear before such commissioner in order to examine the said witness. (c) The evidence recorded in terms of this sub-section shall be admissible in evidence at the inquiry. 9) At the conclusion of an inquiry under this section, the presiding inspector shall compile a written report thereon. 10) The evidence give at any inquiry under this section shall be recorded and a copy thereof shall be submitted by the presiding inspector together with his report to the chief inspector, and in the case of an incident in which or as a result of which any person died or was seriously injured or became ill, the inspector shall submit a copy of the said evidence and the report to the attorney-general within whose area of jurisdiction such incident occurred. 11) Nothing contained in this section shall be construed as preventing the institution of criminal proceedings against any person or as preventing any person authorized thereto from issuing a warrant for the arrest of or arresting any person, whether or not an injury has already commenced. 12) Upon receipt of a report referred to in sub-section (10), the attorney-general shall deal therewith in accordance with the provisions of the Inquests Act, 1959 (Act No. 58 of 1959), or the Criminal Procedure Act, 1977 (Act No. 51 of 1977), as the case may be. 13) An inspector presiding at any formal inquiry shall not incur any civil liability by virtue of anything contained in the report compiled in terms of subsection (9).
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1993 |
| OHSAct No. 85 of 1993 |
Section 33; Joint inquiries |
1) The provisions of section 32 shall not affect the provisions of any law requiring and regulating inquests or other inquiries in case of death resulting from other than natural causes, and in respect of each incident referred to in that section in which or in consequence of which any person has died there shall be held, in addition to an inquiry under the said section, such inquest or inquiry as is required by any such law, but an inquiry under the said section and an inquest held by a judicial officer under the Inquests Act, 1959 (Act No. 58 or 1959), may be held jointly. 2) At such a joint inquiry and inquest the judicial officer shall presided and thereupon the provisions of the Inquests Act, 1959, shall apply, but the inspector and the judicial officer shall each make the report required of them by section 32 (9) and that Act, respectively. |
1993 |
| OHSAct No. 85 of 1993 |
Section 34; Obstruction of investigation or inquiry or presiding inspector or failure to render assistance |
No person shall, in relation to any investigation or inquiry held in terms of section 31 or 32 – (a) without reasonable justification fail to comply with any lawful direction, subpoena, request or order issued or given by the presiding inspector. (b) refuse or fail to answer to the best of his knowledge any question lawfully put to him or with the concurrence of the presiding inspector: Provided that no person shall be obliged to answer any question whereby he may incriminate himself; (c) in any manner whatsoever advise, encourage, incite, order to persuade any person who has been directed, subpoenaed, requested or order to do something by the presiding inspector, not to comply with such direction, subpoena, requested or order or in any manner prevent him from doing so; (d) refuse or fail, when required thereto by the presiding inspector, to furnish him with the means or to render him the necessary assistance for holding such inquiry; (e) refuse or fail, when required thereto by the presiding inspector, to attend an inquiry; or (f) intentionally insult the presiding inspector or his assistant or intentionally interrupt the proceedings thereof. |
1993 |
| OHSAct No. 85 of 1993 |
Section 35; Appeal against decision of inspector |
1) Any person aggrieved by and decision taken by an inspector under a provision of this Act may appeal against such decision to the chief inspector, and the chief inspector shall, after he has considered the grounds of the appeal and the inspector’s reason for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the inspector in the chief inspector’s opinion ought to have taken. 2) Any person who wishes to appeal in terms of sub-section (1), shall within 60 days after the inspector’s decision was made known, lodge such an appeal with the chief inspector in writing, setting out the grounds on which it is made. 3) Any person aggrieved by a decision taken by the chief inspector under sub-section (1) or in the exercise of any power under this Act, may appeal against such decision to the Labour Court, and the Labour Court shall inquire into and consider the matter forming the subject of the appeal and confirm, set aside or vary the decision or substitute for such decision any other decision which the chief inspector in the opinion of the Labour Court ought to have taken. 4) Any person who wishes to appeal in terms of sub-section (3), shall within 60 days after the chief inspector’s decision was given, lodge the appeal with the registrar of the Labour Court in accordance with the Labour Relations Act, 1995, and the rules of the Labour Court. 5) An appeal under sub-section (1) or (3) in connection with a prohibition imposed under section 30 (1) (a) or (b) shall not suspend the operation of such prohibition.
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1993 |
| OHSAct No. 85 of 1993 |
Section 36; Disclosure of information |
No person shall disclose any information concerning the affairs of any other person obtained by him in carrying out his functions in terms of this Act, except – (a) to the extent to which it may be necessary for the proper administration of a provision of this Act; (b) for the purposes of the administration of justice; or (c) at the request of a health and safety representative or a health and safety committee entitled thereto. |
1993 |
| OHSAct No. 85 of 1993 |
Section 37; Acts or omissions by employees or mandataries |
1) Whenever an employee does or omits to do any act which it would be an offence in terms of this Act for the employer of such employee or a user to do or omit to do, then, unless it is proved that – (a) in doing or omitting to do that act the employee was acting without the connivance or permission of the employer or any such user; (b) it was not under any condition or in any circumstance within the scope of the authority of the employee to do or omit to do an act, whether lawful or unlawful, of the character of the act or omission charged; and (c) all reasonable steps were taken by the employer or any such user to prevent any act or omission of the kind in question, the employer or any such user himself shall be presumed to have done or omitted to do that act, and shall be liable to be convicted and sentenced in respect thereof; and the fact that he issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission. 2) The provisions of sub-section (1) shall mutatis mutandis apply in the case of a mandatary of any employer or user, except if the parties have agreed in writing to the arrangements and procedures between them to ensure compliance by the mandatary with the provisions of this Act. 3) Whenever any employee or mandatary of any employer or user does or omits to do an act which it would be an offence in terms of this Act for the employer or any such user to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the employer or user. 4) Whenever any employee or mandatary of the State commits or omits to do an act which would be an offence in terms of this Act, had he been the employee or mandatary of an employer other than the State and had such employer committed or omitted to do that act, he shall be liable to be convicted and sentenced in respect thereof as if he were such an employer. 5) Any employee or mandatary referred to in sub-section (3) may be so convicted and sentenced in addition to the employer or user. 6) Whenever the employee or mandatary of an employer is convicted of an offence consisting of a contravention of section 23, the court shall, when making an order under section 38(4), make such an order against the employer and not against such employee or mandatary.
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1993 |
| OHSAct No. 85 of 1993 |
Section 38; Offences, penalties and special orders of court |
1) Any person who – (a) contravenes or fails to comply with a provision of section 7, 8, 9, 10(1), (2) or (3), 12, 13, 14, 15, 16(1) or (2), 17(1), (2) or (5), 18(3), 19(1), 20(2) or (4), 22, 23, 24(1) or (2), 25, 26, 29(3), 30(2) or (6), 34 or 36; (b) contravenes or fails to comply with a direction or notice under section 17(6), 19(4) or (7), 21(1) or 30(1)(a), (b) or (c) or (3), (4) or (6); (c) contravenes or fails to comply with a condition of an exemption under section 40 (1); (d) in any record, application, statement or other document referred to in this Act willfully furnishes information or makes a statement which is false in any material respect; (e) hinders or obstructs an inspector in the performance of his functions; (f) refuses or fails to comply to the best of his ability with any requirement or request made by an inspector in the performance of his functions; (g) refuses or fails to answer to the best of his ability and question which an inspector in the performance of his functions has put to him; (h) willfully furnishes to an inspector information which is false or misleading; (i) gives himself out as an inspector; (j) having been subpoenaed under section 32 to appear before an inspector, without sufficient cause (the onus of proof whereof shall rest upon him) fails to attend on the day and at the place specified in the subpoena, or fails to remain in attendance until the inspector has excused him from further attendance; (k) having been called under section 32, without sufficient cause (the onus of proof whereof shall rest upon him) – (i) refuses to appear before the inspector; (ii) refuses to be sworn or to make affirmation as a witness after he has been directed to do so; (iii) refuses to answer, or fails to answer to the best of his knowledge and belief, any question put to him; or (iv) refuses to comply with a requirement to produce a book, document or thing specified in the subpoena or which he has with him; (l) tampers with or discourages, threatens, deceives or in any way unduly influences any person with regard to evidence to be given or with regard to a book, document or thing to be produced by such a person before an inspector under section 32; (m) prejudice, influence or anticipates the proceedings or findings of an inquiry under section 32 or 33; (n) tampers with or misuses any safety equipment installed or provided to any person by an employer or user; (o) fails to use any safety equipment at a workplace or in the course of his employment or in connection with the use of plant or machinery, which was provided to him by an employer or such a user; (p) willfully or recklessly does anything at a workplace or in connection with the use of plant or machinery which threatens the health or safety of any person, shall be guilty of an offence and on conviction be liable to a fine not exceeding R50 000,00 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment. 2) Any employer who does or omits to do an act, thereby causing any person to be injured at a workplace, or, in the case of a person employed by him, to be injured at any place in the course of his employment, or any user who does or omits to do an act in connection with the use of plant or machinery, thereby causing any person to be injured, shall be guilty of an offence if that employer or user, as the case may be, would in respect of that act or omission have been guilty of the offence of culpable homicide had that act or omission caused the death of the said person, irrespective of whether or not the injury could have led to the death of such person, and on conviction of liable to a fine not exceeding R100 000.00 or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. 3) Whenever a person is convicted of an offence consisting of a failure to comply with a provision of this Act or of any direction or notice issued thereunder, the court convicting him may, in addition to any punishment imposed on him in respect of that offence, issue an order requiring him to comply with the said provision within a period determined by the court. 4) Whenever an employer is convicted of an offence consisting f a contravention of a provision of section 23, the court convicting him shall inquire into and determine the account which contrary to the said provision was deducted from the remuneration of the employee concerned or recovered from him and shall the act with respect to the said amount mutatis mutandis in accordance with section 28 and 29 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983), as if such amount is an amount underpaid within the meaning of those sections. |
1993 |
| OHSAct No. 85 of 1993 |
Section 39; Proof of certain facts |
1) Whenever in any legal proceedings in terms of this Act it is proved that any person was present on or in any premises, that person shall, unless the contrary is proved, be presumed to be an employee. 2) In the absence of satisfactory proof of age, the age of any person shall, in any legal proceedings in terms of this Act, be presumed to be that stated by an inspector to be in his opinion the probable age of the person; but any person having an interest who is dissatisfied with that statement of opinion may, at his own expense, require that the person whose age is in question appear before and be examined by a district surgeon, and a statement contained in a certificate by a district surgeon who examined that person as to what in his opinion is the probable age of that person shall, but only for the purpose of the said proceedings, be conclusive proof of the age of that person. 3) In any legal proceedings in terms of this Act, any statement or entry contained in any book or document kept by any employer or user or by his employee or mandatary, or found on or in any premises occupied or used by that employer or user, and any copy or reproduction of any such statement or entry, shall be admissible in evidence against him as an admission of the facts set forth in that statement or entry, unless it is proved that that statement or entry was not made by that employer or user or by any employee or mandatary of that employer or user within the scope of his authority. 4) Whenever in any legal proceedings in terms of this Act it is proved that any untrue statement or entry is contained in any record kept by any person, he shall be presumed, until the contrary is proved, willfully to have falsified that record. 5) (a) Whenever at the trial of any person charged with a contravention of section 22 it is proved that the accused sold or marketed any article, substance, plant, machinery or health and safety equipment contemplated in that section, it shall be presumed, until the contrary is proved, that such article, substance, plant, machinery or health and safety equipment did not at the time of the sale or marketing thereof comply with the said requirements. (b) At any trial any document purporting to be a certificate or statement by an approved inspection authority and in which it is alleged that the article, substance, plant, machinery or health and safety equipment forming the subject of the charge complies with the requirements prescribed in respect thereof or with any particular standard, shall on its mere production at that trial by or on behalf of the accused be accepted as prima facie proof of the facts stated therein. 6) Notwithstanding the provisions of section 31 (3) of the Standards Act, 1993 (Act No. 29 of 1993), whenever in any legal proceedings in terms of this Act the question arises whether any document contains the text of a health and safety standard incorporated in the regulations under section 44, any document purporting to be a statement by a person who in that statement alleges that he is an inspector and that a particular document contains the said text, shall on its mere production at those proceedings by an person be prima facie proof of the facts stated therein. 7) The records to be kept by a health and safety committee in terms of section 20 (2), including any document purporting to be certified by an inspector as a true extract from any such records, shall on their mere production at any legal proceedings by any person be admissible as evidence of the fact that a recommendation or report recorded in such records was made by a health and safety committee to an employer or inspector concerned. |
1993 |
| OHSAct No. 85 of 1993 |
Section 40; Exemptions |
1) The Minister may, for such period and on such conditions as may be determined by him, exempt any employer or user or any category of employers or users, generally or with respect to any particular employee or category of employees or users or with respect any matter, from any of or all the provisions of this Act or the provisions of a notice or direction issued under this Act. 2) The period for which exemption may be granted under sub-section (1) may commence on a date earlier than the date on which exemption is granted, but not earlier than the date on which application for such exemption was made to the Minister. 3) An exemption under sub-section (1) shall – (a) in the case of the exemption of a particular employer or user, be granted by issuing to such employer or user a certificate of exemption in which his name and the scope, period and conditions of the exemption are specified; (b) in the case of the exemption of a category of employers or of a category of such users, be granted by the publication in the Gazette of a notice in which that category of employers or users is described and the scope, period and conditions of the exemption are specified; Provided that the Minister may grant exemption – (i) to an organization of employers or an organization of users in accordance with the requirements of either paragraph (a) of paragraph (b); (ii) from any health and safety standard incorporated in the regulations under section 44, in any manner which he may deem expedient. 4) A certificate of exemption contemplated in sub-section (3)(a) and a notice contemplated in sub-section (3)(b) may at any time be amended or withdrawn by the Minister. 5) An exemption under sub-section (1) shall lapse – (a) upon termination of the period for which it was granted; (b) upon withdrawal of the relevant certificate or notice under sub-section (4). 6) Any exemption granted under section 32 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), to the extent to which it grants exemption from the operation of a provision similar to a provision in respect of which exemption may be granted under sub-section (1) of this section, which exemption has at the commencement of this Act not lapsed as contemplated in sub-section (5) of the said section 32, shall be deemed to have been granted under this section.
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1993 |
| OHSAct No. 85 of 1993 |
Section 41; This Act not affected by agreements |
Subject to the provisions of sections 10(4) and 37(2), a provision of this Act or a condition specified in any notice or direction issued thereunder or subject to which exemption was granted to any person under section 40, shall not be affected by any condition of any agreement, whether such agreement was entered into before the commencement of this Act or before or after the imposition of any such condition, as the case may be.
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1993 |
| OHSAct No. 85 of 1993 |
Section 42; Delegation and assignment of functions |
1) The Minister may delegate any power conferred upon him by or under this Act, except the power contemplated in section 43, to an officer. 2) A delegation under sub-section (1) shall not prevent the exercise of the relevant power by the Minister himself. 3) The Minister may authorize any provincial administration or local authority to perform any function referred to in this Act. 4) An authorization under sub-section (3) shall not prevent the performance of the relevant function by the Minister, the chief inspector or an inspector, as the case may be. |
1993 |
| OHSAct No. 85 of 1993 |
Section 43; Regulations |
1) The Minister may make regulations – (a) as to any matter which in terms of this Act shall or may be prescribed; (b) which in the opinion of the Minister are necessary or expedient in the interest of the health and safety of persons at work or the health and safety of person in connection with the use of plant or machinery, of the protection of persons other than persons at work against risks to health and safety arising from or connected with the activities of persons at work, including regulations as to – (i) the planning, layout, construction, use, alteration, repair, maintenance or demolition of buildings; (ii) the design, manufacture, construction, installation, operation, use, handling, alteration, repair, maintenance or conveyance of plant, machinery or health and safety equipment; (iii) the training, safety equipment or facilities to be provided by employers or users, the persons to whom and the circumstances in which they are to be provided and the application thereof; (iv) the health or safety measures to be taken by employers or users; (v) the occupational hygiene measures to be taken by employers or users; (vi) any matter regarding the biological monitoring or medical surveillance of employees; (vii) the production, processing, use, handling, storage or transport of, and the exposure of employees and other persons to, hazardous articles, substances or organisms or potentially hazardous articles, substances or organisms, including specific limits, thresholds or indices of or for such exposure; (viii) the performance of work in hazardous or potentially hazardous conditions or circumstances; (ix) the emergency equipment and medicine to be held available by employers and users, the places where such equipment and medicine are to be held, the requirements with which such equipment and medicine shall comply, the inspection of such equipment and medicine, the application of first-aid and the qualifications which persons applying first-aid shall possess; (x) the compilation by employers of health and safety directives in respect of a workplace, the matters to be dealt with in such directives and the manner in which such directives shall be brought to the attention of employees and other persons at such a workplace; (xi) the registration of persons performing hazardous work or using or handling plant or machinery, the qualifications which such persons shall possess and the fees payable to the State in respect of such registration; (xii) the accreditation, functions, duties and activities of approved inspection authorities; (xiii) the consultations between an employer and employees on matters of health and safety; (xiv) subject to section 36, the provision of information by an employer or user to employees or the public on any matter to which this Act relates; (xv) the conditions under which any employer is prohibited from permitting any person to partake of food or to smoke on or in any premises where a specified activity is carried out; (xvi) the conditions under which the manufacturer of explosives and activities incidental thereto may take place; (c) as to the preventive and protective measures for major hazard installations with a view to the protection of employees and the public against the risk of major incidents; (d) as to the registration of premises where employees perform any work or where plant or machinery is used and the fee payable to the State in respect of such registration; (e) whereby provision is made for the continuation of any registration under this Act; (f) as to the registration of plant and machinery and the fee payable to the State in respect of such registration; (g) as to the establishment of one or more committees for the administration of a provision of the regulations, the constitution of such committees, the functions of such committees, the procedure to be followed at meetings of such committees, the allowances which may be paid to members of such committees from money appropriated by Parliament for such purpose and the person by whom such allowances shall be fixed; (h) prescribing the records to be kept and the returns to be rendered by employers and users and the person or persons to whom such returns shall be rendered; (i) as to the designation and functions of health and safety representatives and health and safety committees and the training of health and safety representatives; (j) as to the activities of self-employed persons; and (k) as to any other matter the regulation of which is in the opinion of the Minister necessary or desirable for the effectiveness carrying out of the provisions of this Act. 2) No regulation shall be made by the Minister except after consultation with the Council, and no regulation relating to State income or expenditure or to any health matter shall be made by the Minister except after consultation also with the Minister of State Expenditure and the Minister for National Health and Welfare, respectively. 3) In making regulations the Minister may apply any method of differentiation that he may deem advisable: Provided that no differentiation on the basis of race or colour shall be made. 4) A regulation may in respect of any contravention thereof or failure to comply therewith prescribe a penalty of a fine, or imprisonment for a period not exceeding 12 months, and, in the case of a continuous offence not exceeding an additional fine of R200 or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days. 5) A regulation made under section 35 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), which was in force immediately prior to the commencement of this Act and which could have been made under this section, shall be deemed to have been made under this section. |
1993 |
| OHSAct No. 85 of 1993 |
Section 44; Incorporation of health and safety standards in regulations |
1) The Minister may by notice in the Gazette incorporate in the regulations any health and safety standard or part thereof, without stating the text thereof, be mere reference to the number, title and year of issue of that health and safety standard or to any other particulars by which that health and safety standard is sufficient identified. 2) No health and safety standard shall be incorporated in the regulations except after consultation with the Council; 3) Any health and safety standard incorporated in the regulations under sub-section (1) shall for the purpose of this Act, in so far as it is not repugnant to any regulation made under section 43, be deemed to be a regulation, but not before the expiry of two months from the date of incorporation thereof. 4) Whenever any health and safety standard is at any time after the incorporation thereof as aforesaid, amended or substituted by the competent authority, the notice incorporating that health and safety standard shall, unless otherwise stated therein, be deemed to refer to that health and safety standard as so amended or substituted, as the case may be. 5) The chief inspector shall keep a register of particulars of every publication in which a health and safety standard incorporated in the regulations under sub-section (1), and every amendment or substitution of any such health and safety standard, was published, and also of the place in the Republic where such publication is obtainable or otherwise available for inspection, and he shall make the register or an extract there from available free of charge to persons having an interest, for inspection. 6) The provisions of section 31 of the Standards Act, 1993 (Act No. 29 of 1993), shall not apply to any incorporation of a health and safety standard or of any amendment or substitution of a health and safety standard under this section. 7) Any safety standard which was immediately prior to the commencement of this Act incorporated under section 36 of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), in the regulations made under that Act, shall be deemed to be a health and safety standard incorporated under this section.
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1993 |
| OHSAct No. 85 of 1993 |
Section 45; Serving of notices |
Unless another method is prescribed, a notice under this Act shall be served – (a) by delivering a copy thereof to the person upon whom it is to be served; (b) by leaving such a copy at the usual or last know place of residence or business of such a person; or (c) by sending such a copy by registered post to the usual or last know place of residence or business of such a person. |
1993 |
| OHSAct No. 85 of 1993 |
Section 46; Jurisdiction of magistrates’ court |
Notwithstanding anything to the contrary contained in any law – (a) a magistrate’s court shall have jurisdiction to impose any penalty or to make any order provided for in this Act; (b) no magistrate’s court shall be competent to pronounce upon the validity of any regulation made under this Act. |
1993 |
| OHSAct No. 85 of 1993 |
Section 47; State bound |
This Act shall bind the State. |
1993 |
| OHSAct No. 85 of 1993 |
Section 48; Conflict of provisions |
In so far as any provision of the Explosives Act, 1956 (Act No. 26 of 1956), is repugnant to a provision of this Act the provisions of this Act shall apply. |
1993 |
| OHSAct No. 85 of 1993 |
Section 49; Repeal of laws |
The Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), the Machinery and Occupational Safety Amendment Act, 1989 (Act No. 40 of 1989), and the Machinery and Occupational Safety Amendment Act, 1991 (Act No. 97 of 1991), are hereby repealed.
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1993 |
| OHSAct No. 85 of 1993 |
Section 50; Short title and commencement |
1) This Act shall be called the Occupational Health and Safety Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette. 2) Different dates may be so fixed in respect of different provisions of this Act. |
1993 |
| General Administrative Regulations |
Section 1; Definitions |
"bargaining council" means the bargaining council established by section 27 of the Labour Relations Act; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"CCMA" means the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Labour Relations Act; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"Compensation Commissioner" means the Compensation Commissioner appointed under section 2 of the Compensation for Occupational Injuries and Diseases Act, 1993; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"Compensation for Occupational Injuries and Diseases Act" means the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"Labour Court" means the Labour Court established by section 151 of the Labour Relations Act; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"Labour Relations Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995); |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"provincial director", in respect of the-(a) Province of Eastern Cape, means the Provincial Director: Eastern Cape, Department of Labour, Private Bag X9005, East London, 5200; (b) Province of Free State, means the Provincial Director: Free State, Department of Labour, P.O. Box 522, Bloemfontein, 9300; (c) Province of Gauteng in the Magisterial Districts of- (i) Benoni, Bronkhorstspruit, Cullinan, Krugersdorp, Nigel, Pretoria, Randfontein, Soshanguve 1, Soshanguve 2, Springs and Wonderboom, means the Provincial Director: Gauteng North, Department of Labour, PO. Box 393, Pretoria, 0001; or (ii) Alberton, Boksburg, Brakpan, Germiston, Heidelberg, Johannesburg, Kemptonpark, Oberholzer, Randburg, Roodepoort, Vanderbijlpark, Vereeniging and Westonaria, means the Provincial Director: Gauteng South, Department of Labour, P.O. Box 4560, Johannesburg, 2000; (d) Province of KwaZulu-Natal, means the Provincial Director: KwaZulu- Natal, Department of Labour, P.O. Box 940, Durban, 4000; (e) Province of Mpumalanga, means the Provincial Director: Mpumalanga, Department of Labour, Private Bag X7263, Witbank, 1035; (f) Province of the Northern Cape, means the Provincial Director. Northern Cape, Department of Labour, Private Bag X5102, Kimberley, 8300; (g) Limpopo Province, means the Provincial Director: Limpopo, Department of Labour, Private Bag X9368, Pietersburg, 0700; (h) Province of North West, means the Provincial Director: North West, Department of Labour, Private Bag X1, Buhrmansdrif, 2867; or (i) Province of the Western Cape, means the Provincial Director: Western Cape, Department of Labour, P.O. Box 872, Cape Town, 8000 |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"provincial executive manager" has a corresponding meaning; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"registered trade union for a workplace" means a trade union registered in terms of the Labour Relations Act, with members in that workplace; |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); |
2003 |
| General Administrative Regulations |
Section 1; Definitions |
"WCL 1", "WCL 2" and "WCL 22" means the prescribed forms for reporting of incidents and occupational diseases referred to in the Compensation for Occupational Injuries and Diseases Act. |
2003 |
| General Administrative Regulations |
Section 2; Access to premises |
2. (1) No person shall refuse an inspector entry into his or her premises to perform his or her functions unless that person is authorized to do so by any other law. (2) An inspector or his or her assistant may require an employer or user to make a person available who has full knowledge of the hazards associated with the activities of the workplace to accompany him or her during the entire visit of the workplace. |
2003 |
| General Administrative Regulations |
Section 3; Exemption |
3. A certificate of exemption issued in terms of section 40 of the Act shall be signed by the chief inspector. |
2003 |
| General Administrative Regulations |
Section 4; Copy of the Act |
4. Every employer with five or more persons in his employ shall have a copy of the Act and the relevant regulations readily available at the work place: Provided that, where the total number of employees is less than five, the employer shall, on request of an employee, make a copy of the Act available to that employee. |
2003 |
| General Administrative Regulations |
Section 5; Health and safety committee |
5. Where a health and safety committee has been established in terms of section 19 of the Act, an employer shall- (a) make available a suitable meeting place to such committee; and(b) ensure that the records, as contemplated in section 20(2) of the Act, are kept for a period of at least three years. |
2003 |
| General Administrative Regulations |
Section 6; Negotiations and consultations before designation of health and safety representatives |
6. (1) The employer shall, in any workplace where there must be a health and safety representative in terms of section 17(1) of the Act and within four months after the commencement of these regulations or after commencing business, meet with the registered trade unions of that workplace in order to consult or bargain in good faith and conclude an agreement concerning the- (a) nomination or election of health and safety representatives; (b) terms of office of health and safety representatives and the circumstances and the prescribed manner in which they may be removed as health and safety representatives;(c) manner in which vacancies are to be filled;(d) manner in which health and safety representatives must perform their functions in terms of the Act; and (e) facilities, training and assistance that must be provided to a health and safety representative in terms of section 18(3) of the Act; Provided that, where there is no registered trade union, the employer shall enter into consultation with all employee representatives in that workplace in order to conclude an agreement with regard to subregulation (1). (2) An agreement referred to in subregulation (1) may include two or more employers as parties to the agreement. (3) The conditions applicable to collective agreements in terms of the Labour Relations Act, read with the changes required by the context, shall apply to agreements concluded in terms of subregulation (1). (4) A dispute shall exist if no agreement in terms of subregulation (1) is concluded on the arrangement and procedures for the nomination and the election of health and safety representatives at a workplace.(5) If a dispute exists in terms of subregulation (4), any party to the dispute may refer the dispute to the CCMA or Bargaining Council. (6) If a dispute is referred to the CCMA or Bargaining Council under subregulation (5), the CCMA shall attempt to resolve it through conciliation. (7) If a dispute remains unresolved, any party to the dispute may request that it be resolved through arbitration, in which case the CCMA shall, taking into account the objectives of the Act and the proposals of the parties, determine the arrangement and procedures for the nomination or the election of the health and safety representatives. |
2003 |
| General Administrative Regulations |
Section 7; Designation of health and safety representatives |
7. An employer shall ensure that the designation of health and safety representatives is in accordance with the agreement contemplated in regulation 6. |
2003 |
| General Administrative Regulations |
Section 8; Reporting of incidents and occupational diseases |
8.(1) An employer or user, as the case may be, shall - (a) within seven days of any incident referred to in section 24(1)(a) of the Act, give notice thereof to the provincial director in the form of WCL1 or WCL 2; and (b) where a person, in consequence of such an incident, dies, becomes unconscious, suffers the loss of a limb or part of a limb, or is otherwise injured or becomes ill to such a degree that he or she s likely either to die or to suffer a permanent physical defect, such incident, including any other incident contemplated in section 24(1)(b) and (c) of the Act, shall forthwith also be reported to the provincial director by telephone, facsimile or similar means of communication.(2) If an injured person dies after notice of the incident in which he or she was injured was given in terms of subregulation (1), the employer or user, as the case may be, shall forthwith notify the provincial director of his or her death. (3) Whenever an incident arising out of or in connection with the activities of persons at work occur to persons other than employees, the user, employer or self-employed person, as the case may be, shall forthwith notify the provincial director by facsimile or similar means of communication as to the- (a) name of the injured person; (b) address of the injured person; (c) name of the user, employer or self-employed person; (d) address of the user, employer or self-employed person; (e) telephone number of the user, employer or self-employed person; (f) name of contact person; (g) details of incident: (i) What happened; (ii) where it happened (place); (iii) when it happened (date and time); (iv) how it happened; (v) why it happened; and (h) names of witnesses. (4) Any registered medical practitioner shall, within 14 days of the examination or treatment of a person for a disease contemplated in section 25 of the Act, give notice thereof to the chief inspector and the employer in the form of WCL 22. (5) Any other person not contemplated in this regulation may in writing give notice of any disease contemplated in section 25 of the Act, to the employer and chief inspector. |
2003 |
| General Administrative Regulations |
Section 9; Recording and investigation of incident |
9.(1) An employer or user shall keep at a workplace or section of a workplace, as the case may be, a record in the form of Annexure 1 for a period of at least three years, which record shall be open for inspection by an inspector, of all incidents which he or she is required to report in terms of section 24 of the Act and also of any other incident which resulted in the person concerned having had to receive medical treatment other than first aid. (2) An employer or user shall cause every incident which must be recorded in terms of subregulation (1), to be investigated by the employer, a person appointed by him or her, by a health and safety representative or a member of a health and safety committee within 7 days from the date of the incident and finalised as soon as is reasonably practicable, or within the contracted period in the case of contracted workers. (3) The employer or user shall cause the findings of the investigation contemplated in subregulation (2) to be entered in Annexure 1 immediately after completion of such investigation. (4) An employer shall cause every record contemplated in subregulation (1) to be examined by the health and safety committee for that workplace or section of the workplace at its next meeting and shall ensure that necessary actions, as may be reasonable practicable, are implemented and followed up to prevent the recurrence of such incident.
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2003 |
| General Administrative Regulations |
Section 10; Witness at inquiry |
10.(1) When an inspector is directed to hold a formal inquiry into an incident in terms of section 32(1) of the Act, he or she shall notify the employer or user concerned of the date, time and place of such inquiry. (2) The employer or user shall forthwith advise in writing those persons who witnessed an incident, the union recognised by him or her and any other person specified by the inspector, of such date, time and place, and that their presence shall be required at the inquiry. (3) The employer or user concerned shall ascertain which of the persons he or she has advised in terms of subregulation (2) are likely to refuse to attend the inquiry, and shall forthwith advise the inspector of the names and addresses of such persons in for the inspector to subpoena such persons. (4) A subpoena issued in terms of section 32(2) of the Act shall be in the form of Annexure 2: Provided that, when a subpoena is served personally on a person, the service of such subpoena may be effected by any person authorised thereto by the inspector who has signed it.
|
2003 |
| General Administrative Regulations |
Section 11; Returns |
11. An employer or a user shall on demand furnish the inspector with such returns as may be required for the purposes of the administration of the Act. |
2003 |
| General Administrative Regulations |
Section 12; Offences and penalties |
12. Any person who- (a) contravenes or fails to comply with any provision of regulations 2(1), 4, 5, 6(1), 7, 8(1), 8(2), 8(3), 8(4), 9(1), 9(2), 9(3), 9(4), 10(2) or 10(3); (b) fails to furnish a return required in terms of regulation 11; or (c) refuses or fails to comply, to the best of his or her ability, with a request made by the inspector to make available a person to accompany him or her during the visit of the workplace, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues or to additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall in no case exceed 90 days. |
2003 |
| General Administrative Regulations |
Section 13; Repeal of regulations |
13. Regulations 1, 2, 3, 4, 5, 6, 8, 9, 12, 14, 15, 16, and 17 of the General Administrative Regulations, published under Government Notice No. R: 1449 of 6 September 1996, are hereby repealed. |
2003 |
| General Administrative Regulations |
Annexure 1 |
Annexure 1 |
2003 |
| General Administrative Regulations |
Annexure 2 |
Annexure 2 |
2003 |
| Construction Regulations |
Section 1; Definitions |
"agent" means a competent person who acts as a representative for a client; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"angle of repose" means the steepest angle of a surface at which a mass of loose or fragmented material will remain stationary in a pile on the surface, rather than sliding or crumbling away; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"bulk mixing plant" means machinery, appliances or other similar devices that are assembled in such a manner so as to be able to mix materials in bulk for the purposes of using the mixed product for construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"client" means any person for whom construction work is being performed; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"competent person" means a person who- (a) has in respect of the work or task to be performed the required knowledge, training and experience and, where applicable, qualifications, specific to that work or task: Provided that where appropriate qualifications and training are registered in terms of the provisions of the National Qualification Framework Act, 2000 (Act No. 67 of 2000), those qualifications and that training must be regarded as the required qualifications and training; and (Editorial Note: Wording as per original Government Gazette. It is suggested that the phrase "National Qualification Framework Act, 2000 (Act No. 67 of 2000)" is intended to be "National Qualifications Framework Act, 2008 (Act No. 67 of 2008)".) (b) is familiar with the Act and with the applicable regulations made under the Act; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction manager" means a competent person responsible for the management of the physical construction processes and the coordination, administration and management of resources on a construction site; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction site" means a work place where construction work is being performed; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction supervisor" means a competent person responsible for supervising construction activities on a construction site; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction vehicle" means a vehicle used as a means of conveyance for transporting persons or material, or persons and material, on and off the construction site for the purposes of performing construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction work" means any work in connection with- (a) the construction, erection, alteration, renovation, repair, demolition or dismantling of or addition to a building or any similar structure; or (b) the construction, erection, maintenance, demolition or dismantling of any bridge, dam, canal, road, railway, runway, sewer or water reticulation system; or the moving of earth, clearing of land, the making of excavation, piling, or any similar civil engineering structure or type of work;
|
2014 |
| Construction Regulations |
Section 1; Definitions |
"construction work permit" means a document issued in terms of regulation 3; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"contractor" means an employer who performs construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"demolition work" means a method to dismantle, wreck, break, pull down or knock down of a structure or part thereof by way of manual labour, machinery, or the use of explosives; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"design" in relation to any structure, includes drawings, calculations, design details and specifications; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"designer" means- (a) a competent person who- (i) prepares a design; (ii) checks and approves a design; (iii) arranges for a person at work under his or her control to prepare a design, including an employee of that person where he or she is the employer; or (iv) designs temporary work, including its components; (b) an architect or engineer contributing to, or having overall responsibility for a design; (c) a building services engineer designing details for fixed plant; (d) a surveyor specifying articles or drawing up specifications; (e) a contractor carrying out design work as part of a design and building project; or ( f ) an interior designer, shop-fitter or landscape architect; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"excavation work" means the making of any man-made cavity, trench, pit or depression formed by cutting, digging or scooping; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"explosive actuated fastening device" means a tool that is activated by an explosive charge and that is used for driving bolts, nails and similar objects for the purpose of providing fixing; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"fall arrest equipment" means equipment used to arrest a person in a fall, including personal equipment, a body harness, lanyards, deceleration devices, lifelines or similar equipment;
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2014 |
| Construction Regulations |
Section 1; Definitions |
"fall prevention equipment" means equipment used to prevent persons from falling from a fall risk position, including personal equipment, a body harness, lanyards, lifelines or physical equipment such as guardrails, screens, barricades, anchorages or similar equipment; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"fall protection plan" means a documented plan, which includes and provides for- (a) all risks relating to working from a fall risk position, considering the nature of work undertaken; (b) the procedures and methods to be applied in order to eliminate the risk of falling; and (c) a rescue plan and procedures; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"fall risk" means any potential exposure to falling either from, off or into; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"health and safety file" means a file, or other record containing the information in writing required by these Regulations; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"health and safety plan" means a site, activity or project specific documented plan in accordance with the client's health and safety specification; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"health and safety specification" means a site, activity or project specific document prepared by the client pertaining to all health and safety requirements related to construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"material hoist" means a hoist used to lower or raise material and equipment, excluding passengers; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"medical certificate of fitness" means a certificate contemplated in regulation 7 (8); |
2014 |
| Construction Regulations |
Section 1; Definitions |
"mobile plant" means any machinery, appliance or other similar device that is able to move independently, and is used for the purpose of performing construction work on a construction site; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"National Building Regulations" means the National Building Regulations made under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and promulgated by Government Notice No. R.2378 of 30 July 1990, as amended by Government Notices No's R.432 of 8 March 1991, R.919 of 30 July 1999 and R.547 of 30 May 2008; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"person day" means one normal working shift of carrying out construction work by a person on a construction site; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"principal contractor" means an employer appointed by the client to perform construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"Professional Engineer or Professional Certificated Engineer" means a person holding registration as either a Professional Engineer or Professional Certificated Engineer in terms of the Engineering Profession Act, 2000 (Act No. 46 of 2000); |
2014 |
| Construction Regulations |
Section 1; Definitions |
"Professional Technologist" means a person holding registration as a Professional Engineering Technologist in terms of the Engineering Profession Act, 2000; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"provincial director" means the provincial director as defined in regulation 1 of the General Administrative Regulations, 2003; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"scaffold" means a temporary elevated platform and supporting structure used for providing access to and supporting workmen or materials or both; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"shoring" means a system used to support the sides of an excavation and which is intended to prevent the cave-in or the collapse of the sides of an excavation; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"structure" means- (a) any building, steel or reinforced concrete structure (not being a building), railway line or siding, bridge, waterworks, reservoir, pipe or pipeline, cable, sewer, sewage works, fixed vessels, road, drainage works, earthworks, dam, wall, mast, tower, tower crane, bulk mixing plant, pylon, surface and underground tanks, earth retaining structure or any structure designed to preserve or alter any natural feature, and any other similar structure; (b) any falsework, scaffold or other structure designed or used to provide support or means of access during construction work; or (c) any fixed plant in respect of construction work which includes installation, commissioning, decommissioning or dismantling and where any construction work involves a risk of a person falling; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"suspended platform" means a working platform suspended from supports by means of one or more separate ropes from each support; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"temporary works" means any falsework, formwork, support work, scaffold, shoring or other temporary structure designed to provide support or means of access during construction work; |
2014 |
| Construction Regulations |
Section 1; Definitions |
"the Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); |
2014 |
| Construction Regulations |
Section 1; Definitions |
"tunneling" means the construction of any tunnel beneath the natural surface of the earth for a purpose other than the searching for or winning of a mineral. |
2014 |
| Construction Regulations |
Section 2; Scope of application |
(1) These Regulations are applicable to all persons involved in construction work. (2) Regulations 3 and 5 are not applicable where the construction work carried out is in relation to a single storey dwelling for a client who intends to reside in such dwelling upon completion thereof.
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2014 |
| Construction Regulations |
Section 3; Application for construction work permit |
(1) A client who intends to have construction work carried out, must at least 30 days before that work is to be carried out apply to the provincial director in writing for a construction work permit to perform construction work if the intended construction work will- (a) exceed 180 days; (b) will involve more than 1 800 person days of construction work; or (c) the works contract is of a value equal to or exceeding thirteen million rand or Construction Industry Development Board (CIDB) grading level 6. (2) An application contemplated in subregulation (1) must be done in a form similar to Annexure 1. (3) The provincial director must issue a construction work permit in writing to perform construction work contemplated in subregulation (1) within 30 days of receiving the construction work permit application and must assign a site specific number for each construction site. (4) A site specific number contemplated in subregulation (3) must be conspicuously displayed at the main entrance to the site for which that number is assigned. (5) A construction work permit contemplated in this regulation may be granted only if- (a) the fully completed documents contemplated in regulation 5 (1) (a) and (b) have been submitted; and (b) proof in writing has been submitted- (i) that the client complies with regulation 5 (5) (ii) with regard to the registration and good standing of the principal contractor as contemplated in regulation 5 (1) ( j); and (iii) that regulation 5 (1) (c), (d), (e), ( f ), (g) and (h) has been complied with. (6) A client must ensure that the principal contractor keeps a copy of the construction work permit contemplated in subregulation (1) in the occupational health and safety file for inspection by an inspector, the client, the client's authorised agent, or an employee. (7) No construction work contemplated in subregulation (1) may be commenced or carried out before the construction work permit and number contemplated in subregulation (3) have been issued and assigned. (8) A site specific number contemplated in subregulation (3) is not transferrable.
|
2014 |
| Construction Regulations |
Section 4; Notification of construction work |
(1) A contractor who intends to carry out any construction work other than work contemplated in regulation 3 (1), must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2 if the intended construction work will- (a) include excavation work; (b) include working at a height where there is risk of falling; (c) include the demolition of a structure; or (d) include the use of explosives to perform construction work. (2) A contractor who intends to carry out construction work that involves construction of a single storey dwelling for a client who is going to reside in such dwelling upon completion, must at least 7 days before that work is to be carried out notify the provincial director in writing in a form similar to Annexure 2. |
2014 |
| Construction Regulations |
Section 5; Duties of client |
(1) A client must- (a) prepare a baseline risk assessment for an intended construction work project; (b) prepare a suitable, sufficiently documented and coherent site specific health and safety specification for the intended construction work based on the baseline risk assessment contemplated in paragraph (a); (c) provide the designer with the health and safety specification contemplated in paragraph (b); (d) ensure that the designer takes the prepared health and safety specification into consideration during the design stage; (e) ensure that the designer carries out all responsibilities contemplated in regulation 6; (f) include the health and safety specification in the tender documents; (g) ensure that potential principal contractors submitting tenders have made adequate provision for the cost of health and safety measures; (h) ensure that the principal contractor to be appointed has the necessary competencies and resources to carry out the construction work safely; (i) take reasonable steps to ensure co-operation between all contractors appointed by the client to enable each of those contractors to comply with these Regulations; (j) ensure before any work commences on a site that every principal contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); (k) appoint every principal contractor in writing for the project or part thereof on the construction site; (l) discuss and negotiate with the principal contractor the contents of the principal contractor's health and safety plan contemplated in regulation 7 (1), and must thereafter finally approve that plan for implementation; (m) ensure that a copy of the principal contractor's health and safety plan is available on request to an employee, inspector or contractor; (n) take reasonable steps to ensure that each contractor's health and safety plan contemplated in regulation 7 (1) (a) is implemented and maintained; (o) ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days; (p) ensure that a copy of the health and safety audit report contemplated in paragraph (o) is provided to the principal contractor within seven days after the audit; (q) stop any contractor from executing a construction activity which poses a threat to the health and safety of persons which is not in accordance with the client's health and safety specifications and the principal contractor's health and safety plan for the site; (r) where changes are brought about to the design or construction work, make sufficient health and safety information and appropriate resources available to the principal contractor to execute the work safely; and (s) ensure that the health and safety file contemplated in regulation 7 (1) (b) is kept and maintained by the principal contractor. (2) Where a client requires additional work to be performed as a result of a design change or an error in construction due to the actions of the client, the client must ensure that sufficient safety information and appropriate additional resources are available to execute the required work safely. (3) Where a fatality or permanent disabling injury occurs on a construction site, the client must ensure that the contractor provides the provincial director with a report contemplated in section 24 of the Act, in accordance with regulations 8 and 9 of the General Administrative Regulations, 2013, and that the report includes the measures that the contractor intends to implement to ensure a safe construction site as far as is reasonably practicable. (4) Where more than one principal contractor is appointed as contemplated in subregulation (1) (k), the client must take reasonable steps to ensure co-operation between all principal contactors and contractors in order to ensure compliance with these Regulations. (5) Where a construction work permit is required as contemplated in regulation 3 (1), the client must, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed. (6) Where notification of construction work is required as contemplated in regulation 4 (1), the client may, without derogating from his or her health and safety responsibilities or liabilities, appoint a competent person in writing as an agent to act as his or her representative, and where such an appointment is made the duties that are imposed by these Regulations upon a client, apply as far as reasonably practicable to the agent so appointed: Provided that, where the question arises as to whether an agent is necessary, the decision of an inspector is decisive. (7) An agent contemplated in subregulations (5) and (6) must- (a) manage the health and safety on a construction project for the client; and (b) be registered with a statutory body approved by the Chief Inspector as qualified to perform the required functions; (8) When the chief inspector has approved a statutory body as contemplated in subregulation (7) (b), he or she must give notice of that approval in the Gazette. |
2014 |
| Construction Regulations |
Section 6; Duties of designer |
(1) The designer of a structure must- (a) ensure that the applicable safety standards incorporated into these Regulations under section 44 of the Act are complied with in the design; (b) take into consideration the health and safety specification submitted by the client; (c) before the contract is put out to tender, make available in a report to the client- (i) all relevant health and safety information about the design of the relevant structure that may affect the pricing of the construction work; (ii) the geotechnical-science aspects, where appropriate; and (iii) the loading that the structure is designed to withstand; (d) inform the client in writing of any known or anticipated dangers or hazards relating to the construction work, and make available all relevant information required for the safe execution of the work upon being designed or when the design is subsequently altered; (e) refrain from including anything in the design of the structure necessitating the use of dangerous procedures or materials hazardous to the health and safety of persons, which can be avoided by modifying the design or by substituting materials; (f) take into account the hazards relating to any subsequent maintenance of the relevant structure and must make provision in the design for that work to be performed to minimize the risk; (g) when mandated by the client to do so, carry out the necessary inspections at appropriate stages to verify that the construction of the relevant structure is carried out in accordance with his design: Provided that if the designer is not so mandated, the client's appointed agent in this regard is responsible to carry out such inspections; (h) when mandated as contemplated in paragraph (g), stop any contractor from executing any construction work which is not in accordance with the relevant design's health and safety aspects: Provided that if the designer is not so mandated, the client's appointed agent in that regard must stop that contractor from executing that construction work; (i) when mandated as contemplated in paragraph (g), in his or her final inspection of the completed structure in accordance with the National Building Regulations, include the health and safety aspects of the structure as far as reasonably practicable, declare the structure safe for use, and issue a completion certificate to the client and a copy thereof to the contractor; and (j) during the design stage, take cognisance of ergonomic design principles in order to minimize ergonomic related hazards in all phases of the life cycle of a structure. (Editorial Note: Numbering as per original Government Gazette.) (2) The designer of temporary works must ensure that- (a) all temporary works are adequately designed so that it will be capable of supporting all anticipated vertical and lateral loads that may be applied; (b) the designs of temporary works are done with close reference to the structural design drawings issued by the contractor, and in the event of any uncertainty consult the contractor; (c) all drawings and calculations pertaining to the design of temporary works are kept at the office of the temporary works designer and are made available on request by an inspector; and (d) the loads caused by the temporary works and any imposed loads are clearly indicated in the design. |
2014 |
| Construction Regulations |
Section 7; Duties of principal contractor and contractor |
(1) A principal contractor must- (a) provide and demonstrate to the client a suitable, sufficiently documented and coherent site specific health and safety plan, based on the client's documented health and safety specifications contemplated in regulation 5 (1) (b), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the principal contractor as work progresses; (b) open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client's agent or a contractor; and (c) on appointing any other contractor, in order to ensure compliance with the provisions of the Act- (i) provide contractors who are tendering to perform construction work for the principal contractor, with the relevant sections of the health and safety specifications contemplated in regulation 5 (1) (b) pertaining to the construction work which has to be performed; (ii) ensure that potential contractors submitting tenders have made sufficient provision for health and safety measures during the construction process; (iii) ensure that no contractor is appointed to perform construction work unless the principal contractor is reasonably satisfied that the contractor that he or she intends to appoint, has the necessary competencies and resources to perform the construction work safely; (iv) ensure prior to work commencing on the site that every contractor is registered and in good standing with the compensation fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993; (v) appoint each contractor in writing for the part of the project on the construction site; (vi) take reasonable steps to ensure that each contractor's health and safety plan contemplated in subregulation (2) (a) is implemented and maintained on the construction site; (vii) ensure that the periodic site audits and document verification are conducted at intervals mutually agreed upon between the principal contractor and any contractor, but at least once every 30 days; (viii) stop any contractor from executing construction work which is not in accordance with the client's health and safety specifications and the principal contractor's health and safety plan for the site or which poses a threat to the health and safety of persons; (ix) where changes are brought about to the design and construction, make available sufficient health and safety information and appropriate resources to the contractor to execute the work safely; and (x) discuss and negotiate with the contractor the contents of the health and safety plan contemplated in subregulation (2) (a), and must thereafter finally approve that plan for implementation; (d) ensure that a copy of his or her health and safety plan contemplated in paragraph (a), as well as the contractor's health and safety plan contemplated in subregulation (2) (a), is available on request to an employee, an inspector, a contractor, the client or the client's agent; (e) hand over a consolidated health and safety file to the client upon completion of the construction work and must, in addition to the documentation referred to in subregulation (2) (b), include a record of all drawings, designs, materials used and other similar information concerning the completed structure; (f) in addition to the documentation required in the health and safety file in terms of paragraph (c) (v) and subregulation (2) (b), include and make available a comprehensive and updated list of all the contractors on site accountable to the principal contractor, the agreements between the parties and the type of work being done; and (g) ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3. (2) A contractor must prior to performing any construction work- (a) provide and demonstrate to the principal contractor a suitable and sufficiently documented health and safety plan, based on the relevant sections of the client's health and safety specification contemplated in regulation 5 (1) (b) and provided by the principal contractor in terms of subregulation (1) (a), which plan must be applied from the date of commencement of and for the duration of the construction work and which must be reviewed and updated by the contractor as work progresses; (b) open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, and which must be made available on request to an inspector, the client, the client's agent or the principal contractor; (c) before appointing another contractor to perform construction work be reasonably satisfied that the contractor that he or she intends to appoint has the necessary competencies and resources to perform the construction work safely; (d) co-operate with the principal contractor as far as is necessary to enable each of them to comply with the provisions of the Act; and (e) as far as is reasonably practicable, promptly provide the principal contractor with any information which might affect the health and safety of any person at work carrying out construction work on the site, any person who might be affected by the work of such a person at work, or which might justify a review of the health and safety plan. (3) Where a contractor appoints another contractor to perform construction work, the duties determined in subregulation (1) (b) to (g) that apply to the principal contractor apply to the contractor as if he or she were the principal contractor. (4) A principal contractor must take reasonable steps to ensure co-operation between all contractors appointed by the principal contractor to enable each of those contractors to comply with these Regulations. (5) No contractor may allow or permit any employee or person to enter any site, unless that employee or person has undergone health and safety induction training pertaining to the hazards prevalent on the site at the time of entry. (6) A contractor must ensure that all visitors to a construction site undergo health and safety induction pertaining to the hazards prevalent on the site and must ensure that such visitors have the necessary personal protective equipment. (7) A contractor must at all times keep on his or her construction site records of the health and safety induction training contemplated in subregulation (6) and such records must be made available on request to an inspector, the client, the client's agent or the principal contractor. (8) A contractor must ensure that all his or her employees have a valid medical certificate of fitness specific to the construction work to be performed and issued by an occupational health practitioner in the form of Annexure 3. |
2014 |
| Construction Regulations |
Section 8; Management and supervision of construction work |
(1) A principal contractor must in writing appoint one full-time competent person as the construction manager with the duty of managing all the construction work on a single site, including the duty of ensuring occupational health and safety compliance, and in the absence of the construction manager an alternate must be appointed by the principal contractor. (2) A principal contractor must upon having considered the size of the project, in writing appoint one or more assistant construction managers for different sections thereof: Provided that the designation of any such person does not relieve the construction manager of any personal accountability for failing in his or her management duties in terms of this regulation. (3) Where the construction manager has not appointed assistant construction managers as contemplated in subregulation (2), or, in the opinion of an inspector, a sufficient number of such assistant construction managers have not been appointed, that inspector must direct the construction manager in writing to appoint the number of assistant construction managers indicated by the inspector, and those assistant construction managers must be regarded as having been appointed under subregulation (2). (4) No construction manager appointed under subregulation (1) may manage any construction work on or in any construction site other than the site in respect of which he or she has been appointed. (5) A contractor must, after consultation with the client and having considered the size of the project, the degree of danger likely to be encountered or the accumulation of hazards or risks on the site, appoint a full-time or part-time construction health and safety officer in writing to assist in the control of all health and safety related aspects on the site: Provided that, where the question arises as to whether a construction health and safety officer is necessary, the decision of an inspector is decisive. (6) No contractor may appoint a construction health and safety officer to assist in the control of health and safety related aspects on the site unless he or she is reasonably satisfied that the construction health and safety officer that he or she intends to appoint is registered with a statutory body approved by the Chief Inspector and has necessary competencies and resources to assist the contractor. (7) A construction manager must in writing appoint construction supervisors responsible for construction activities and ensuring occupational health and safety compliance on the construction site. (8) A contractor must, upon having considered the size of the project, in writing appoint one or more competent employees for different sections thereof to assist the construction supervisor contemplated in subregulation (7), and every such employee has, to the extent clearly defined by the contractor in the letter of appointment, the same duties as the construction supervisor: Provided that the designation of any such employee does not relieve the construction supervisor of any personal accountability for failing in his or her supervisory duties in terms of this regulation. (9) Where the contractor has not appointed an employee as contemplated in subregulation (8), or, in the opinion of an inspector, a sufficient number of such employees have not been appointed, that inspector must instruct the employer to appoint the number of employees indicated by the inspector, and those employees must be regarded as having been appointed under subregulation (8). (10) No construction supervisor appointed under subregulation (7) may supervise any construction work on or in any construction site other than the site in respect of which he or she has been appointed: Provided that if a sufficient number of competent employees have been appropriately designated under subregulation (7) on all the relevant construction sites, the appointed construction supervisor may supervise more than one site. |
2014 |
| Construction Regulations |
Section 9; Risk assessment for construction work |
(1) A contractor must, before the commencement of any construction work and during such construction work, have risk assessments performed by a competent person appointed in writing, which risk assessments form part of the health and safety plan to be applied on the site, and must include- (a) the identification of the risks and hazards to which persons may be exposed to; (b) an analysis and evaluation of the risks and hazards identified based on a documented method; (c) a documented plan and applicable safe work procedures to mitigate, reduce or control the risks and hazards that have been identified; (d) a monitoring plan; and (e) a review plan. (2) A contractor must ensure that as far as is reasonably practicable, ergonomic related hazards are analyzed, evaluated and addressed in a risk assessment. (3) A contractor must ensure that all employees under his or her control are informed, instructed and trained by a competent person regarding any hazard and the related work procedures and or control measures before any work commences, and thereafter at the times determined in the risk assessment monitoring and review plan of the relevant site. (4) A principal contractor must ensure that all contractors are informed regarding any hazard that is stipulated in the risk assessment before any work commences, and thereafter at the times that may be determined in the risk assessment monitoring and review plan of the relevant site. (5) A contractor must consult with the health and safety committee or, if no health and safety committee exists, with a representative trade union or representative group of employees, on the monitoring and review of the risk assessments of the relevant site. (6) A contractor must ensure that copies of the risk assessments of the relevant site are available on site for inspection by an inspector, the client, the client's agent, any contractor, any employee, a representative trade union, a health and safety representative or any member of the health and safety committee. (7) A contractor must review the relevant risk assessment- (a) where changes are effected to the design and or construction that result in a change to the risk profile; or (b) when an incident has occurred. |
2014 |
| Construction Regulations |
Section 10; Fall protection |
-(1) A contractor must- (a) designate a competent person to be responsible for the preparation of a fall protection plan; (b) ensure that the fall protection plan contemplated in paragraph (a) is implemented, amended where and when necessary and maintained as required; and (c) take steps to ensure continued adherence to the fall protection plan. (2) A fall protection plan contemplated in subregulation (1), must include- (a) a risk assessment of all work carried out from a fall risk position and the procedures and methods used to address all the risks identified per location; (b) the processes for the evaluation of the employees' medical fitness necessary to work at a fall risk position and the records thereof; (c) a programme for the training of employees working from a fall risk position and the records thereof; (d) the procedure addressing the inspection, testing and maintenance of all fall protection equipment; and (e) a rescue plan detailing the necessary procedure, personnel and suitable equipment required to affect a rescue of a person in the event of a fall incident to ensure that the rescue procedure is implemented immediately following the incident. (3) A contractor must ensure that a construction manager appointed under regulation 8 (1) is in possession of the most recently updated version of the fall protection plan. (4) A contractor must ensure that- (a) all unprotected openings in floors, edges, slabs, hatchways and stairways are adequately guarded, fenced or barricaded or that similar means are used to safeguard any person from falling through such openings; (b) no person is required to work in a fall risk position, unless such work is performed safely as contemplated in subregulation (2); (c) fall prevention and fall arrest equipment are- (i) approved as suitable and of sufficient strength for the purpose for which they are being used, having regard to the work being carried out and the load, including any person, they are intended to bear; and (ii) securely attached to a structure or plant, and the structure or plant and the means of attachment thereto are suitable and of sufficient strength and stability for the purpose of safely supporting the equipment and any person who could fall; and (d) fall arrest equipment is used only where it is not reasonably practicable to use fall prevention equipment. (5) Where roof work is being performed on a construction site, the contractor must ensure that, in addition to the requirements set out in subregulations (2) and (4), it is indicated in the fall protection plan that- (a) the roof work has been properly planned; (b) the roof erectors are competent to carry out the work; (c) no employee is permitted to work on roofs during inclement weather conditions or if any conditions are hazardous to the health and safety of the employee; (d) all covers to openings and fragile material are of sufficient strength to withstand any imposed loads; (e) suitable and sufficient platforms, coverings or other similar means of support have been provided to be used in such a way that the weight of any person passing across or working on or from fragile material is supported; and (f) suitable and sufficient guard-rails, barriers and toe-boards or other similar means of protection prevent, as far as is reasonably practicable, the fall of any person, material or equipment. |
2014 |
| Construction Regulations |
Section 11; Structures |
-(1) A contractor must ensure that- (a) all reasonably practicable steps are taken to prevent the uncontrolled collapse of any new or existing structure or any part thereof, which may become unstable or is in a temporary state of weakness or instability due to the carrying out of construction work; (b) no structure or part of a structure is loaded in a manner which would render it unsafe; and (c) all drawings pertaining to the design of the relevant structure are kept on site and are available on request to an inspector, other contractors, the client and the client's agent or employee. (2) An owner of a structure must ensure that- (a) inspections of that structure are carried out periodically by competent persons in order to render the structure safe for continued use; (b) that the inspections contemplated in paragraph (a) are carried out at least once every six months for the first two years and thereafter yearly; (c) the structure is maintained in such a manner that it remains safe for continued use; (d) the records of inspections and maintenance are kept and made available on request to an inspector. |
2014 |
| Construction Regulations |
Section 12; Temporary works |
(1) A contractor must appoint a temporary works designer in writing to design, inspect and approve the erected temporary works on site before use. (2) A contractor must ensure that all temporary works operations are carried out under the supervision of a competent person who has been appointed in writing for that purpose. (3) A contractor must ensure that- (a) all temporary works structures are adequately erected, supported, braced and maintained by a competent person so that they are capable of supporting all anticipated vertical and lateral loads that may be applied to them, and that no loads are imposed onto the structure that the structure is not designed to withstand; (b) all temporary works structures are done with close reference to the structural design drawings, and where any uncertainty exists the structural designer should be consulted; (c) detailed activity specific drawings pertaining to the design of temporary works structures are kept on the site and are available on request to an inspector, other contractors, the client, the client's agent or any employee; (d) all persons required to erect, move or dismantle temporary works structures are provided with adequate training and instruction to perform those operations safely; (e) all equipment used in temporary works structure are carefully examined and checked for suitability by a competent person, before being used; (f) all temporary works structures are inspected by a competent person immediately before, during and after the placement of concrete, after inclement weather or any other imposed load and at least on a daily basis until the temporary works structure has been removed and the results have been recorded in a register and made available on site; (g) no person may cast concrete, until authorization in writing has been given by the competent person contemplated in paragraph (a); (h) if, after erection, any temporary works structure is found to be damaged or weakened to such a degree that its integrity is affected, it is safely removed or reinforced immediately; (i) adequate precautionary measures are taken in order to- (i) secure any deck panels against displacement; and (ii) prevent any person from slipping on temporary works due to the application of release agents; (j) as far as is reasonably practicable, the health of any person is not affected through the use of solvents or oils or any other similar substances; (k) upon casting concrete, the temporary works structure is left in place until the concrete has acquired sufficient strength to safely support its own weight and any imposed load, and is not removed until authorization in writing has been given by the competent person contemplated in paragraph (a); (l) the foundation conditions are suitable to withstand the loads caused by the temporary works structure and any imposed load in accordance with the temporary works design; (m) provision is made for safe access by means of secured ladders or staircases for all work to be carried out above the foundation bearing level; (n) a temporary works drawing or any other relevant document includes construction sequences and methods statements; (o) the temporary works designer has been issued with the latest revision of any relevant structural design drawing; (p) a temporary works design and drawing is used only for its intended purpose and for a specific portion of a construction site; and (q) the temporary works drawings are approved by the temporary works designer before the erection of any temporary works. (4) No contractor may use a temporary works design and drawing for any work other than its intended purpose. |
2014 |
| Construction Regulations |
Section 13; Excavation |
(1) A contractor must- (a) ensure that all excavation work is carried out under the supervision of a competent person who has been appointed in writing for that purpose; and (b) evaluate, as far as is reasonably practicable, the stability of the ground before excavation work begins. (2) A contractor who performs excavation work- (a) must take reasonable and sufficient steps in order to prevent, as far as is reasonably practicable, any person from being buried or trapped by a fall or dislodgement of material in an excavation; (b) may not require or permit any person to work in an excavation which has not been adequately shored or braced: Provided that shoring and bracing may not be necessary where- (i) the sides of the excavation are sloped to at least the maximum angle of repose measured relative to the horizontal plane; or (ii) such an excavation is in stable material: Provided that- (aa) permission has been given in writing by the appointed competent person contemplated in subregulation (1) upon evaluation by him or her of the site conditions; and (bb) where any uncertainty pertaining to the stability of the soil still exists, the decision from a professional engineer or a professional technologist competent in excavations is decisive and such a decision must be noted in writing and signed by both the competent person contemplated in subregulation (1) and the professional engineer or technologist, as the case may be; (c) must take steps to ensure that the shoring or bracing contemplated in paragraph (b) is designed and constructed in a manner that renders it strong enough to support the sides of the excavation in question; (d) must ensure that no load, material, plant or equipment is placed or moved near the edge of any excavation where it may cause its collapse and consequently endangers the safety of any person, unless precautions such as the provision of sufficient and suitable shoring or bracing are taken to prevent the sides from collapsing; (e) must ensure that where the stability of an adjoining building, structure or road is likely to be affected by the making of an excavation, steps are taken to ensure the stability of such building, structure or road and the safety of persons; (f) must cause convenient and safe means of access to be provided to every excavation in which persons are required to work, and such access may not be further than six meters from the point where any worker within the excavation is working; (g) must ascertain, as far as is reasonably practicable, the location and nature of electricity, water, gas or other similar services which may in any way be affected by the work to be performed, and must before the commencement of excavation work that may affect any such service, take the steps that are necessary to render the circumstances safe for all persons involved; (h) must ensure that every excavation, including all bracing and shoring, is inspected- (i) daily, prior to the commencement of each shift; (ii) after every blasting operation; (iii) after an unexpected fall of ground; (iv) after damage to supports; and (v) after rain, by the competent person contemplated in subregulation (1), in order to ensure the safety of the excavation and of persons, and those results must be recorded in a register kept on site and made available on request to an inspector, the client, the client's agent, any other contractor or any employee; (i) must cause every excavation which is accessible to the public or which is adjacent to public roads or thoroughfares, or whereby the safety of persons may be endangered, to be- (i) adequately protected by a barrier or fence of at least one metre in height and as close to the excavation as is practicable; and (ii) provided with warning illuminants or any other clearly visible boundary indicators at night or when visibility is poor, or have resort to any other suitable and sufficient precautionary measure where subparagraphs (i) and (ii) are not practicable; (j) must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with by any person entering any excavation; (k) must, where the excavation work involves the use of explosives, appoint a competent person in the use of explosives for excavation, and must ensure that a method statement is developed by that person in accordance with the applicable explosives legislation; and (l) must cause warning signs to be positioned next to an excavation within which or where persons are working or carrying out inspections or tests. |
2014 |
| Construction Regulations |
Section 14; Demolition work |
(1) A contractor must appoint a competent person in writing to supervise and control all demolition work on site. (2) A contractor must ensure that before any demolition work is carried out, and in order to ascertain the method of demolition to be used, a detailed structural engineering survey of the structure to be demolished is carried out by a competent person and that a method statement on the procedure to be followed in demolishing the structure is developed by that person. (3) During a demolition, the competent person contemplated in subregulation (1) must check the structural integrity of the structure at intervals determined in the method statement contemplated in subregulation (2), in order to avoid any premature collapses. (4) A contractor who performs demolition work must- (a) with regard to a structure being demolished, take steps to ensure that- (i) no floor, roof or other part of the structure is overloaded with debris or material in a manner which would render it unsafe; (ii) all reasonably practicable precautions are taken to avoid the danger of the structure collapsing when any part of the framing of a framed or partly framed building is removed, or when reinforced concrete is cut; and (iii) precautions are taken in the form of adequate shoring or other means that may be necessary to prevent the accidental collapse of any part of the structure or adjoining structure; (b) ensure that no person works under overhanging material or a structure which has not been adequately supported, shored or braced; (c) ensure that any support, shoring or bracing contemplated in paragraph (b), is designed and constructed so that it is strong enough to support the overhanging material; (d) where the stability of an adjoining building, structure or road is likely to be affected by demolition work on a structure, take steps to ensure the stability of such structure or road and the safety of persons; (e) ascertain as far as is reasonably practicable the location and nature of electricity, water, gas or other similar services which may in any way be affected by the work to be performed, and must before the commencement of demolition work that may affect any such service, take the steps that are necessary to render circumstances safe for all persons involved; (f) cause every stairwell used and every floor where work is being performed in a building being demolished, to be adequately illuminated by either natural or artificial means; (g) cause convenient and safe means of access to be provided to every part of the demolition site in which persons are required to work; and (h) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass under, or fence off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe where there is a danger or possibility of persons being struck by falling objects. (5) A contractor must ensure that no material is dropped to any point, which falls outside the exterior walls of the structure, unless the area is effectively protected. (6) No person may dispose of waste and debris from a high place by a chute unless the chute- (a) is adequately constructed and rigidly fastened; (b) if inclined at an angle of more than 45 degrees to the horizontal, is enclosed on its four sides; (c) if of the open type, is inclined at an angle of less than 45 degrees to the horizontal; (d) where necessary, is fitted with a gate at the bottom end to control the flow of material; and (e) discharges into a container or an enclosed area surrounded by barriers. (7) A contractor must ensure that every chute used to dispose of rubble is designed in such a manner that rubble does not free-fall and that the chute is strong enough to withstand the force of the debris travelling along the chute. (8) A contractor must ensure that no equipment is used on floors or working surfaces, unless such floors or surfaces are of sufficient strength to support the imposed loads. (9) Where a risk assessment indicates the presence of asbestos, a contractor must ensure that all asbestos related work is conducted in accordance with the Asbestos Regulations, 2001, promulgated by Government Notice No. R.155 of 10 February 2002. (10) Where a risk assessment indicates the presence of lead, a contractor must ensure that all lead related work is conducted in accordance with the Lead Regulations, 2001, promulgated by Government Notice No. R.236 of 28 February 2002. (11) Where the demolition work involves the use of explosives, a method statement must be developed in accordance with the applicable explosives legislation, by an appointed person who is competent in the use of explosives for demolition work and all persons involved in the demolition works must adhere to demolition procedures issued by the appointed person. (12) A contractor must ensure that all waste and debris are as soon as reasonably practicable removed and disposed of from the site in accordance with the applicable legislation. |
2014 |
| Construction Regulations |
Section 15; Tunneling |
No person may enter a tunnel, which has a height dimension of less than 800 millimetres. |
2014 |
| Construction Regulations |
Section 16; Scaffolding |
(1) A contractor must appoint a competent person in writing who must ensure that all scaffolding work operations are carried out under his or her supervision and that all scaffold erectors, team leaders and inspectors are competent to carry out their work. (2) A contractor using access scaffolding must ensure that such scaffolding, when in use, complies with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act. |
2014 |
| Construction Regulations |
Section 17; Suspended platforms |
(1) A contractor must appoint a competent person in writing who must ensure that all suspended platforms work operations are carried out under his or her supervision and that all suspended platform erectors, operators and inspectors are competent to carry out their work. (2) No contractor may use or permit the use of a suspended platform, unless- (a) the design, stability and construction thereof comply with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act; (b) he or she is in possession of a certificate of system design issued by a professional engineer, certificated engineer or a professional technologist for the use of the suspended platform system; and (c) he or she is, before the commencement of the work, in possession of an operational compliance plan developed by a competent person based on the certificate of system design contemplated in subparagraph (b) and applicable to the environment in which the system is being used, which operational compliance plan must include proof of the- (i) appointment of the competent person contemplated in subregulation (1); (ii) competency of erectors, operators and inspectors; (iii) operational design calculations, which must comply with the requirements of the system design certificate; (iv) performance test results; (v) sketches indicating the completed system with the operational loading capacity of the platform; (vi) procedures for and records of inspections having been carried out; and (vii) procedures for and records of maintenance work having been carried out. (3) A contractor making use of a suspended platform system must submit a copy of the certificate of system design contemplated in subregulation (2) (b), including a copy of the operational design calculations contemplated in subregulation (2) (c) (iii), sketches and test results, to the provincial director before commencement of the use of the system and must further indicate the intended type of work that the system will be used for. (4) A contractor must submit a copy of the certificate of system design in the manner contemplated in subregulation (3) for every new project. (5) A contractor must ensure that the outriggers of each suspended platform- (a) are constructed of material of adequate strength and have a safety factor of at least four in relation to the load it is to carry; and (b) have suspension points provided with stop devices or other effective devices at the outer ends to prevent the displacement of ropes. (6) A contractor must ensure that- (a) the parts of the building or structure on which the outriggers of a suspended platform are supported, are checked by means of calculations to ensure that the required safety factor is adhered to without risk of damage to the building or structure; (b) the suspension wire rope and the safety wire rope are separately connected to the outrigger; (c) each person on a suspended platform is provided with and wears a body harness as a fall prevention device, which must at all times be attached to the suspended platform; (d) the hand or power driven machinery to be used for the lifting or lowering of the working platform of a suspended platform is constructed and maintained in such a manner that an uncontrolled movement of the working platform cannot occur; (e) the machinery referred to in paragraph (d) is so situated that it is easily accessible for inspection; (f) the rope connections to the outriggers are vertically above the connections to the working platform; and (g) when the working platform is suspended by two ropes only, the connections of the ropes to the working platform are of a height above the level of the working platform to ensure the stability of the working platform. (7) A contractor must ensure that a suspended platform- (a) is suspended as near as possible to the structure to which work is being done to prevent as far as is reasonably practicable horizontal movement away from the face of the structure; (b) is fitted with anchorage points to which workers must attach the lanyard of the safety harness worn and used by the worker, and such anchorage connections must have sufficient strength to withstand any potential load applied to it; and (c) is fitted with a conspicuous notice easily understandable by all workers working with the suspended platform, showing- (i) the maximum mass load; (ii) the maximum number of persons; and (iii) the maximum total mass load, including load and persons, which the suspended platform can carry. (8) A contractor must cause- (a) the whole installation and all working parts of a suspended platform to be thoroughly examined by a competent person in accordance with the manufacturer's specification; (b) the whole installation to be subjected to a performance test as determined by the standard to which the suspended platform was manufactured; (c) the performance test contemplated in paragraph (b) to be done by a competent person appointed in writing, with the knowledge and experience of erection and maintenance of suspended platforms or similar machinery, and who must determine the serviceability of the structures, ropes, machinery and safety devices before they are used, every time suspended platforms are erected; and (d) the performance test contemplated in paragraph (b) of the whole installation of the suspended platform to be subjected to a load equal to that prescribed by the manufacturer or, in the absence of such load, to a load of 110 per cent of the rated mass load, at intervals not exceeding 12 months and in such a manner that every part of the installation is stressed accordingly. (9) A contractor must, in addition to subregulation (8), cause every hoisting rope, hook or other load- attaching device which forms part of the suspended platform to be thoroughly examined in accordance with the manufacturer's specification by the competent person contemplated in subregulation (8) before they are used every time they are assembled, and, in cases of continuous use, at intervals not exceeding three months. (10) A contractor must ensure that the suspended platform supervisor contemplated in subregulation (1), or the suspended platform inspector contemplated in subregulation (8) (c), carries out a daily inspection of all the equipment prior to use, including establishing whether- (a) all connection bolts are secure; (b) all safety devices are functioning; (c) all safety devices are not tampered with or vandalized; (d) the total maximum mass load of the platform is not exceeded; (e) the occupants in the suspended platform are using body harnesses which have been properly attached; (f) there are no visible signs of damage to the equipment; and (g) all reported operating problems have been attended to. (11) A contractor must ensure that all inspection and performance test records are kept on the construction site at all times and made available to an inspector, the client, the client's agent or any employee upon request. (12) A contractor must ensure that all employees required to work or to be supported on a suspended platform are- (a) medically fit to work safely in a fall risk position or such similar environment by being in possession of a medical certificate of fitness; (b) competent in conducting work related to suspended platforms safely; (c) trained or received training, which includes at least- (i) how to access and egress the suspended platform safely; (ii) how to correctly operate the controls and safety devices of the equipment; (iii) information on the dangers related to the misuse of safety devices; and (iv) information on the procedures to be followed in the case of- (aa) an emergency; (bb) the malfunctioning of equipment; and (cc) the discovery of a suspected defect in the equipment; and (v) instructions on the proper use of body harnesses. (13) A contractor must ensure that where the outriggers of a suspended platform are to be moved, only persons trained and under the supervision of the competent person effect such move, within the limitation stipulated in the operational compliance plan contemplated in subregulation (2) (c), and that the supervisor must carry out an inspection and record the result thereof prior to re-use of the suspended platform. (14) A contractor must ensure that the suspended platform is properly isolated after use at the end of each working day in such a manner that no part of the suspended platform presents a danger to any person thereafter. |
2014 |
| Construction Regulations |
Section 18; Rope Access Work |
(1) A contractor must- (a) appoint a competent person in writing as a rope access supervisor with the duty of supervising all rope access work on the site, including the duty of ensuring occupational health and safety compliance in relation to rope access work: Provided that the appointment of any such person does not relieve the construction manager of any personal accountability for failing in his management duties in terms of this regulation; (b) ensure that all rope access work on the construction site is carried out under the supervision of a competent person; and (c) ensure that all rope access operators are competent and licensed to carry out their work. (2) No contractor may use or allow the use of rope access work unless- (a) the design, selection and use of the equipment and anchors comply with the safety standards incorporated for this purpose into these Regulations under section 44 of the Act; and (b) he or she is in possession of a site specific fall protection plan developed by a competent person applicable to the specific work and environment prior to the commencement of the work, including records of maintenance and inspections of all the equipment used for the work operations. (3) A contractor must ensure that adequate measures are in place to allow rescue procedures to commence immediately in the event of a fall incident taking place. |
2014 |
| Construction Regulations |
Section 19; Material hoists |
(1) A contractor must ensure that every material hoist and its tower have been constructed in accordance with the generally accepted technical standards and are strong enough and free from defects. (2) A contractor must ensure that the tower of every material hoist is- (a) erected on firm foundations and secured to the structure or braced by steel wire guy ropes, and extends to a distance above the highest landing to allow a clear and unobstructed space of at least 900 millimetres for over travel; (b) enclosed on all sides at the bottom, and at all floors where persons are at risk of being struck by moving parts of the hoist, except on the side or sides giving access to the material hoist, with walls or other effective means to a height of at least 2 100 millimetres from the ground or floor level; and (c) provided with a door or gate at least 2 100 millimetres in height at each landing, and that door or gate must be kept closed except when the platform is at rest at such a landing. (3) A contractor must cause- (a) the platform of every material hoist to be designed in a manner that it safely contains the loads being conveyed and that the combined mass of the platform and the load does not exceed the designed lifting capacity of the hoist; (b) the hoisting rope of every material hoist which has a remote winch to be effectively protected from damage by any external cause to the portion of the hoisting rope between the winch and the tower of the hoist; and (c) every material hoist to be provided with an efficient brake capable of holding the platform with its maximum load in any position when power is not being supplied to the hoisting machinery. (4) No contractor may require or permit trucks, barrows or material to be conveyed on the platform of a material hoist and no person may so convey trucks, barrows or material unless those articles are secured or contained in a manner that displacement thereof cannot take place during movement. (5) A contractor must cause a notice, indicating the maximum mass load which may be carried at any one time and the prohibition of persons from riding on the platform of the material hoist, to be affixed around the base of the tower and at each landing. (6) A contractor of a material hoist may not require or permit any person to operate a hoist, unless the person is competent in the operation of that hoist. (7) No contractor may require or permit any person to ride on a material hoist. (8) A contractor must ensure that every material hoist- (a) is inspected on daily basis by a competent person appointed in writing by the contractor and such competent person must have the experience pertaining to the erection and maintenance of material hoists or similar machinery; (Editorial Note: Wording as per original Government Gazette. It is suggested that the phrase "inspected on daily basis" is intended to be "inspected on a daily basis".) (b) inspection contemplated in paragraph (a), includes the determination of the serviceability of the entire material hoist, including guides, ropes and their connections, drums, sheaves or pulleys and all safety devices; (c) inspection results are entered and signed in a record book by a competent person, which book must be kept on the premises for that purpose; (d) is properly maintained and the maintenance records in this regard are kept on site. |
2014 |
| Construction Regulations |
Section 20; Bulk mixing plant |
(1) A contractor must ensure that the operation of a bulk mixing plant is supervised by a competent person who has been appointed in writing and is- (a) aware of all the dangers involved in the operation thereof; and (b) conversant with the precautionary measures to be taken in the interest of health and safety. (2) No person supervising or operating a bulk mixing plant may authorize any other person to operate the plant, unless that person is competent to operate a bulk mixing plant. (3) A contractor must ensure that the placement and erection of a bulk mixing plant complies with the requirements set out by the manufacturer and that such plant is erected as designed. (4) A contractor must ensure that all devices to start and stop a bulk mixing plant are provided and that those devices are- (a) placed in an easily accessible position; and (b) constructed in a manner to prevent accidental starting. (5) A contractor must ensure that the machinery and plant selected is suitable for the mixing task and that all dangerous moving parts of a mixer are placed beyond the reach of persons by means of doors, covers or other similar means. (6) No person may remove or modify any guard or safety equipment relating to a bulk mixing plant, unless authorized to do so by the appointed person contemplated in subregulation (1). (7) A contractor must ensure that all precautionary measures stipulated for confined spaces as determined in the General Safety Regulations, 2003, are complied with when entering any silo. (8) A contractor must ensure that a record is kept of all repairs or maintenance to a bulk mixing plant and that the record is available on site to an inspector, the client, the client's agent or any employee. |
2014 |
| Construction Regulations |
Section 21; Explosive actuated fastening device |
(1) No contractor may use or permit any person to use an explosive actuated fastening device, unless- (a) the user is provided with and uses suitable protective equipment; (b) the user is trained in the operation, maintenance and use of such a device; (c) the explosive actuated fastening device is provided with a protective guard around the muzzle end, which effectively confines any flying fragments or particles; and (d) the firing mechanism is so designed that the explosive actuated fastening device, will not function unless- (i) it is held against the surface with a force of at least twice its weight; and (ii) the angle of inclination of the barrel to the work surface is not more than 15 degrees from a right angle. (2) A contractor must ensure that- (a) only cartridges suited for the relevant explosive actuated fastening device, and the work to be performed, are used; (b) an explosive actuated fastening device is cleaned and examined daily before use and as often as may be necessary for its safe operation by a competent person who has been appointed for that purpose; (c) the safety devices of an explosive actuated fastening device are in good working order prior to use; (d) when not in use, an explosive actuated fastening device and its cartridges are locked up in a safe place, which is inaccessible to unauthorized persons; (e) an explosive actuated fastening device is not stored in a loaded condition; (f) a warning notice is displayed in a conspicuous manner in the immediate vicinity wherever an explosive actuated fastening device is used; and (g) the issuing and collection of cartridges and nails or studs of an explosive actuated fastening device are- (i) controlled and done in writing by a person having been appointed in writing for that purpose; and (ii) recorded in a register by a competent person and that the recipient has accordingly signed for the receipt thereof as well as the returning of any spent and unspent cartridges. |
2014 |
| Construction Regulations |
Section 22; Cranes |
A contractor must, in addition to compliance with the Driven Machinery Regulations, 1988 ensure that where tower cranes are used- (a) they are designed and erected under the supervision of a competent person; (b) a relevant risk assessment and method statement are developed and applied; (c) the effects of wind forces on the crane are taken into consideration and that a wind speed device is fitted that provides the operator with an audible warning when the wind speed exceeds the design engineer's specification; (d) the bases for the tower cranes and tracks for rail-mounted tower cranes are firm, level and secured; (e) the tower crane operators are competent to carry out the work safely; and (f) the tower crane operators have a medical certificate of fitness to work in such an environment, issued by an occupational health practitioner in the form of Annexure 3. |
2014 |
| Construction Regulations |
Section 23; Construction vehicles and mobile plant |
(1) A contractor must ensure that all construction vehicles and mobile plant- (a) are of an acceptable design and construction; (b) are maintained in a good working order; (c) are used in accordance with their design and the intention for which they were designed, having due regard to safety and health; (d) are operated by a person who- (i) has received appropriate training, is certified competent and in possession of proof of competency and is authorised in writing to operate those construction vehicles and mobile plant; (ii) has a medical certificate of fitness to operate those construction vehicles and mobile plant, issued by an occupational health practitioner in the form of Annexure 3; (e) have safe and suitable means of access and egress; (f) are properly organized and controlled in any work situation by providing adequate signalling or other control arrangements to guard against the dangers relating to the movement of vehicles and plant, in order to ensure their continued safe operation; (g) are prevented from falling into excavations, water or any other area lower than the working surface by installing adequate edge protection, which may include guardrails and crash barriers; (h) are fitted with structures designed to protect the operator from falling material or from being crushed should the vehicle or mobile plant overturn; (i) are equipped with an acoustic warning device which can be activated by the operator; (j) are equipped with an automatic acoustic reversing alarm; and (k) are inspected by the authorised operator or driver on a daily basis using a relevant checklist prior to use and that the findings of such inspection are recorded in a register kept in the construction vehicle or mobile plant. (2) A contractor must ensure that- (a) no person rides or is required or permitted to ride on a construction vehicle or mobile plant otherwise than in a safe place provided thereon for that purpose; (b) every construction site is organized in such a way that, as far as is reasonably practicable, pedestrians and vehicles can move safely and without risks to health; (c) the traffic routes are suitable for the persons, construction vehicles or mobile plant using them, are sufficient in number, in suitable positions and of sufficient size; (d) every traffic route is, where necessary, indicated by suitable signs; (e) all construction vehicles and mobile plant left unattended at night, adjacent to a public road in normal use or adjacent to construction areas where work is in progress, have appropriate lights or reflectors, or barricades equipped with appropriate lights or reflectors, in order to identify the location of the vehicles or plant; (f) all construction vehicles or mobile plant when not in use, have buckets, booms or similar appendages, fully lowered or blocked, controls in a neutral position, motors stopped, wheels chocked, brakes set and ignition secured; (g) whenever visibility conditions warrant additional lighting, all mobile plant are equipped with at least two headlights and two taillights when in operation; (h) tools, material and equipment are secured and separated by means of a physical barrier in order to prevent movement when transported in the same compartment with employees; (i) vehicles used to transport employees have seats firmly secured and adequate for the number of employees to be carried; and (j) all construction vehicles or mobile plant traveling, working or operating on public roads comply with the requirements of the National Road Traffic Act, 1996. |
2014 |
| Construction Regulations |
Section 24; Electrical installations and machinery on construction sites |
A contractor must, in addition to compliance with the Electrical Installation Regulations, 2009, and the Electrical Machinery Regulations, 1988, promulgated by Government Notice No. R.1593 of 12 August 1988, ensure that- (a) before construction commences and during the progress thereof, adequate steps are taken to ascertain the presence of and guard against danger to workers from any electrical cable or apparatus which is under, over or on the site; (b) all parts of electrical installations and machinery are of adequate strength to withstand the working conditions on construction sites; (c) the control of all temporary electrical installations on the construction site is designated to a competent person who has been appointed in writing for that purpose; (d) all temporary electrical installations used by the contractor are inspected at least once a week by a competent person and the inspection findings are recorded in a register kept on the construction site; and (e) all electrical machinery is inspected by the authorized operator or user on a daily basis using a relevant checklist prior to use and the inspection findings are recorded in a register kept on the construction site. |
2014 |
| Construction Regulations |
Section 25; Use and temporary storage of flammable liquids on construction sites |
A contactor must, in addition to compliance with the provisions for the use and storage of flammable liquids in the General Safety Regulations, 2003, ensure that- (a) where flammable liquids are being used, applied or stored at the workplace concerned, it is done in a manner that does not cause a fire or explosion hazard, and that the workplace is effectively ventilated; (b) no person smokes in any place in which flammable liquid is used or stored, and the contractor must affix a suitable and conspicuous notice at all entrances to any such areas prohibiting such smoking; (c) an adequate amount of efficient fire-fighting equipment is installed in suitable locations around the flammable liquids store with the recognized symbolic signs; (d) only the quantity of flammable liquid needed for work on one day is taken out of the store for use; (e) all containers holding flammable liquids are kept tightly closed when not in actual use and, after their contents have been used up, are removed from the construction site and safely disposed of; (f) where flammable liquids are decanted, the metal containers are bonded and earthed; and (g) no flammable material, including cotton waste, paper, cleaning rags or similar material is stored together with flammable liquids. |
2014 |
| Construction Regulations |
Section 26; Water environments |
(1) A contractor must ensure that where construction work is done over or in close proximity to water, provision is made for- (a) preventing persons from falling into water; and (b) the rescuing of persons in danger of drowning. (2) A contractor must ensure that where a person is exposed to the risk of drowning by falling into the water, the person is provided with and wears a lifejacket. |
2014 |
| Construction Regulations |
Section 27; Housekeeping and general safeguarding on construction sites |
A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, promulgated by Government Notice No. R.2281 of 16 October 1987, ensure that suitable housekeeping is continuously implemented on each construction site, including- (a) the proper storage of materials and equipment; (b) the removal of scrap, waste and debris at appropriate intervals; (c) ensuring that materials required for use, are not placed on the site so as to obstruct means of access to and egress from workplaces and passageways; (d) ensuring that materials which are no longer required for use, do not accumulate on and are removed from the site at appropriate intervals; (e) ensuring that waste and debris are not disposed of from a high place with a chute, unless the chute complies with the requirements set out in regulation 14 (6); (f) ensuring that construction sites in built-up areas adjacent to a public way are suitably and sufficiently fenced off and provided with controlled access points to prevent the entry of unauthorized persons; and (g) ensuring that a catch platform or net is erected above an entrance or passageway or above a place where persons work or pass under, or fencing off the danger area if work is being performed above such entrance, passageway, or place so as to ensure that all persons are kept safe in the case of danger or possibility of persons being struck by falling objects. |
2014 |
| Construction Regulations |
Section 28; Stacking and storage on construction sites |
A contractor must, in addition to compliance with the provisions for the stacking of articles in the General Safety Regulations, 2003, ensure that- (a) a competent person is appointed in writing with the duty of supervising all stacking and storage on a construction site; (b) adequate storage areas are provided; (c) there are demarcated storage areas; and (d) storage areas are kept neat and under control. |
2014 |
| Construction Regulations |
Section 29; Fire precautions on construction sites |
A contractor must, in addition to compliance with the Environmental Regulations for Workplaces, 1987, ensure that- (a) all appropriate measures are taken to avoid the risk of fire; (b) sufficient and suitable storage is provided for flammable liquids, solids and gases; (c) smoking is prohibited and notices in this regard are prominently displayed in all places containing readily combustible or flammable materials; (d) in confined spaces and other places in which flammable gases, vapours or dust can cause danger- (i) only suitably protected electrical installations and equipment, including portable lights, are used; (ii) there are no flames or similar means of ignition; (iii) there are conspicuous notices prohibiting smoking; (iv) oily rags, waste and other substances liable to ignite are without delay removed to a safe place; and (v) adequate ventilation is provided; (e) combustible materials do not accumulate on the construction site; (f) welding, flame cutting and other hot work are done only after appropriate precautions have been taken to reduce the risk of fire; (g) suitable and sufficient fire-extinguishing equipment is placed at strategic locations or as may be recommended by the Fire Chief or local authority concerned, and that such equipment is maintained in a good working order; (h) the fire equipment contemplated in paragraph (g) is inspected by a competent person, who has been appointed in writing for that purpose, in the manner indicated by the manufacturer thereof; (i) a sufficient number of workers are trained in the use of fire-extinguishing equipment; (j) where appropriate, suitable visual signs are provided to clearly indicate the escape routes in the case of a fire; (k) the means of escape is kept clear at all times; (l) there is an effective evacuation plan providing for all- (i) persons to be evacuated speedily without panic; (ii) persons to be accounted for; and (iii) plant and processes to be shut down; and (m) a siren is installed and sounded in the event of a fire. |
2014 |
| Construction Regulations |
Section 30; Construction employees' facilities |
(1) A contractor must, in addition to the construction site provisions in the Facilities Regulations, 2004, promulgated by Government Notice No. R.924 of 3 August 2004, provide at or within reasonable access of every construction site, the following clean, hygienic and maintained facilities- (a) shower facilities after consultation with the employees or employees representatives, or at least one shower facility for every 15 persons; (b) at least one sanitary facility for each sex and for every 30 workers; (c) changing facilities for each sex; and (d) sheltered eating areas. (2) A contractor must provide reasonable and suitable living accommodation for the workers at construction sites who are far removed from their homes and where adequate transportation between the site and their homes, or other suitable living accommodation, is not available. |
2014 |
| Construction Regulations |
Section 31; Construction health and safety technical committee |
(1) The chief inspector must establish a construction health and safety technical committee which must consist of- (a) a person who is to be the chairperson; (b) two persons designated by the Chief Inspector from the employees of the Department of Labour; (c) two persons to represent the Department of Public Works, one each designated by the Built Environmental Council and the Construction Industry Development Board; (d) one person to represent Higher Education in the field of construction and related studies designated by the Director General of the Department of Higher Education; (e) one person designated by the South African Property Owners Association; (f) two persons designated by employer's organizations to represent employers who are directly involved in the construction industry; (g) two persons designated by employees organizations to represent the unions who are directly involved in the construction industry; (h) one person to represent consultants who are directly involved in the construction industry: and (i) persons who are competent in respect of the matters to be dealt with by the construction health and safety technical committee who have been co-opted by the committee with the authorization of the chief inspector. (2) The chief inspector must appoint the members of the Construction Health and Safety Technical Committee for the period that he or she may determine at the time of appointment: Provided that the chief inspector may after having afforded a member a reasonable opportunity to respond, discharge him or her at any time, for reasons that are fair and just, and appoint a new member in his or her place. (3) The Construction Health and Safety Technical Committee must- (a) advise the chief inspector on construction related codes, standards and training requirements: Provided that any accredited or approved training must be in accordance with South African Qualifications Authority standards; (b) designate persons in writing to examine safety systems and safety records of companies who have high incident rates and provide recommendations to the chief inspector of occupational health and safety on the findings; (c) make recommendations and submit reports to the chief inspector of occupational health and safety regarding any matter to which these Regulations relate; (d) advise the chief inspector of occupational health and safety regarding any matter referred to the Construction Regulations Technical Committee by the chief inspector of occupational health and safety; (e) perform any other function for the administration of a provision of these Regulations that may be requested by the chief inspector of occupational health and safety; (f) conduct its work in accordance with the instructions and rules of conduct framed by the chief inspector of occupational health and safety; and (g) refer appeals against decisions of the Construction Regulations Technical Committee to the chief inspector of occupational health and safety. (4) Any person affected by any decision of the Construction Health and Safety Technical Committee may appeal against such decision to the chief inspector within 60 days of such decision becoming known and the chief inspector shall, after having considered the grounds of the appeal and the Construction Health and Safety Technical Committee's reasons for the decision, confirm, set aside or vary the decision or substitute for such decision any other decision which the Construction Health and Safety Technical Committee's in the chief inspector's opinion ought to have taken. (5) Any person aggrieved by a decision taken by the chief inspector under subregulation (4) may, within 60 days after the chief inspector's decision was given appeal against such decision to the Labour court. |
2014 |
| Construction Regulations |
Section 32; Approved Inspection Authority |
(1) The chief inspector may approve as an Inspection Authority any organisation that has been accredited in terms of the provision of the Act and these Regulations. (2) The Approved Inspection Authority will perform its functions as prescribed by the guidance document issued by the Department of Labour for Approved Inspection Authorities. (3) The chief inspector may at any time withdraw any approval granted to an approved inspection authority, subject to section 35 of the Act. |
2014 |
| Construction Regulations |
Section 33; Offences and penalties |
Any person who contravenes or fails to comply with any provision of regulations 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30, is guilty of an offence and liable upon conviction to a fine or to imprisonment for a maximum of 12 months and, in the case of a continuous offence, not exceeding an additional fine of R200 or additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment will not exceed 90 days. |
2014 |
| Construction Regulations |
Section 34; Repeal of regulations and commencement |
(1) The Construction Regulations, 2003, promulgated by Government Notice No. R.1010 of 18 July 2003, are hereby repealed. (2) Regulation 3 and 5 (7) (b) will come into effect 18 months after the commencement of these Regulations. |
2014 |
| Construction Regulations |
Section 35; Short title |
These Regulations are called the Construction Regulations, 2014. |
2014 |
| Facilities Regulations |
Section 1; Definitions |
"adjoining" in relation to premises, means having a common boundary line; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"drinking water" means water that complies with SABS 241; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"hot water" means water at a temperature more than 35 degrees Celsius; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"hazardous biological agent" means a hazardous biological agent defined as such in regulation 1 of the Regulations for Hazardous Biological Agents promulgated by Government Notice No. R. 1390 of 27 December 2001; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"hazardous chemical substance" means a substance defined as such in regulation 1 of the Hazardous Chemical Substances Regulations promulgated by Government Notice No. R. 1179 of 25 August 1995 as amended by Government Notice No. R. 930 of 25 June 2003; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"National Building Regulations" means the National Building Regulations promulgated by Government Notice No. R. 1081 of 10 June 1988; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"SABS 0400" means the South African Bureau of Standards' Code of Practice for the application of the National Building Regulations; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"SABS 241" means the South African Bureau of Standards' Standard Specification for Water for Domestic Supplies; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"sanitary facilities" means sanitary fixtures as defined in SABS 0400; |
2004 |
| Facilities Regulations |
Section 1; Definitions |
"the Act" means the Occupational Health and Safety Act, 1993 (Act No 85 of 1993). |
2004 |
| Facilities Regulations |
Section 2; Sanitation |
2. (1) Every employer shall provide sanitary facilities at a workplace in accordance with Parts F, P and Q of the application of the National Building Regulations. (2) Notwithstanding the provisions of subregulation (1), an employer may, where less than 11 persons are employed on one premises, make arrangements in writing for such persons to use closets and washbasins on adjoining premises: Provided that- (a) such facilities are freely and readily accessible; and (b) the facilities comply with the provisions of these Regulations as well as with SABS 0400 with respect to- (i) the total number of employees who will be using the facilities; and (ii) the condition of such facilities. (3) Every employer shall- (a) make toilet paper available free of charge to employees; (b) provide every water closet pan designed to have a seat, with a seat; (c) supply a towel to every employee for his or her sole use or disposable paper towels or hot air blowers or clean portions of continuous cloth towels, at washbasins; and (d) provide toilet soap or a similar cleansing agent free of charge to employees. (4) Every employer shall, under the circumstances contemplated in Table 4 of Part P of SABS 0400, provide showers for the use of his or her employees, and he or she shall- a) provide running hot and cold or premixed hot and cold water for washbasins and showers; (b) ensure that the walls of that part of a room in which there are showers, are smooth and impermeable, and that the floor thereof is slip-free and sloped for effective drainage; and (c) ensure that where showers are provided in a room with windows, such windows are glazed in obscure glass or similar material. (5) In respect of each room in which there are closets, urinals, showers or washbasins, every employer shall- (a) provide a conspicuous sign outside the entrance to such room to indicate the gender of the persons for whom the room is intended; (b) ventilate such rooms in accordance with the provisions of Part O of National Building Regulations; (c) provide the necessary screen walls, partitions or doors in order to provide privacy; and (d) ensure that water feeding to showers or washbasins on his or her premises which is not obtained from the water supply system of a local authority, complies with SABS 241.
| 2004 |
| Facilities Regulations |
Section 3; Facilities for Safekeeping |
3. (1) An employer in a workplace shall provide every employee in his or her service, excluding office workers, with a personal facility for safekeeping in which clothes or other personal items of the employee can be kept safely and in a good condition. (2) Every employer shall ensure that every employee referred in subregulation (1) shall store his or her clothing and other personal items in his or her facility for safekeeping. (3) The provisions of this regulation shall not apply in respect of activities for which specific types or numbers of facilities for safekeeping are prescribed.
| 2004 |
| Facilities Regulations |
Section 4; Changing rooms |
4. (1) In respect of employees- (a) for whom showers are prescribed; or (b) who need to undress, the employer shall provide separate changing rooms for males and females respectively, in accordance with Part C of SABS 0400. (2) An employer contemplated in sub-regulation (1) shall- (a) ensure that a changing room is not connected directly by means of a door or of any other opening to any room in which there is exposure to a hazardous chemical substance or a hazardous biological agent; or in which untanned hides or skins or unwashed wool or mohair are treated, processed or stored; (b) provide adequate seating in the form of chairs or benches in every changing room for the maximum number of employees that will be using such changing room at any one time; (c) not store any material, tools or other goods not related to use of a changing room in such changing room or allow such items to be stored therein; (d) where a change-room has windows, glaze such windows in obscure glass or similar material; (e) screen the entrance of every changing room in order to afford privacy; (f) provide a conspicuous sign at the entrance to a changing room to indicate the gender of the persons for whom the changing room is intended; (g) provide facilities for the drying of wet clothes, if the employees for whom the changing room has been provided, may become wet in the course of their work; (h) ensure that every changing room is naturally or artificially ventilated in accordance with Part O of the National Building Regulations; and (i) ensure that no employee referred to in subregulation (1) changes his or her clothing at any other place at a workplace than in the changing room provided for him or her. (3) Subject to the provisions of regulation 5 an employer may allow a changing room to be used for the partaking of meals provided that- (a) an obscure partition that reaches the ceiling or roof is installed between showers and eating places; and (b) there is no direct communication between the changing room and the toilet facilities.
|
2004 |
| Facilities Regulations |
Section 5; Dining-rooms |
5. (1) Notwithstanding the provisions of regulation 4 (3), every employer of employees who at a workplace- (a) are exposed to a hazardous chemical substance or a hazardous biological agent; (b) come into physical contact with any known poisonous substance, which may cause illness if taken orally; (c) are exposed to dirt, dust, soot or similar filth; or (d) handle or process untanned hides or skins, or unwashed wool or mohair, shall provide a separate dining-room or eating place on the premises which in respect of the maximum number of employees who will be using it at any one time, shall be in accordance with Part C of SABS 0400. 2) An employer contemplated in subregulation (1) shall- (a) provide tables and chairs in every dining room for the maximum number of employees who will be using the dining room at any one time; (b) ensure that a dining-room or eating place is not connected directly by means of a door or any other opening with any room in which there is exposure to a hazardous chemical substance or hazardous biological agent; or in which untanned hides or skins or unwashed wool or mohair are treated, processed or stored; (c) not store any material, tools or other goods not related to use of a dining-room in such dining-room or allow such items to be stored therein; and (d) ensure that every dining room is naturally or artificially ventilated in accordance with Part O of the National Building Regulations.
|
2004 |
| Facilities Regulations |
Section 6; Prohibition |
6. Every employer shall- (a) prohibit smoking, eating or drinking at workplaces contemplated in regulation 5(1); and (b) display conspicuous signs or notices at such workplaces prohibiting smoking, eating or drinking. |
2004 |
| Facilities Regulations |
Section 7; Drinking water |
7. Every employer shall-(a) make available an adequate supply of drinking water for his or her employees at their workplace; and (b) clearly and conspicuously mark such, taps and pipes that is not fit for human consumption. |
2004 |
| Facilities Regulations |
Section 8; Seats |
8. Every employer shall- (a) where reasonably practicable, provide an ergonomically sound seat for every employee whose work can be effectively performed while sitting; (b) where reasonably practicable, permit an employee whose work is normally performed standing to take advantage of any opportunity for sitting which may occur, and for this purpose the employer shall provide seating facilities; and (c) provide seats with backrests where the nature of work performed by the employees is such that such seats can be used. |
2004 |
| Facilities Regulations |
Section 9; Condition of rooms and facilities |
9. Every employer shall maintain all rooms and facilities which are prescribed or provided for in terms of the provisions of these regulations, in a clean, hygienic, safe, whole and leak-free condition, and in a good state of repair. |
2004 |
| Facilities Regulations |
Section 9; Condition of rooms and facilities |
|
2004 |
| Facilities Regulations |
Section 10; Offences and penalties |
10. Any person who contravenes or fails to comply with any provisions of regulation 2 (1), 2(3), 2(4), 2(5), 3(1), 3(2), 4, 5, 6, 7, 8 or 9 shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues or additional imprisonment of one day on which the offence continues: Provided that the period of such additional imprisonment shall in no case exceed 90 days. |
2004 |
| Facilities Regulations |
Section 11; Repeal of regulations |
11. The Facilities Regulations promulgated by Government Notice No. R 2375 of October 1990, are hereby repealed. |
2004 |
| Facilities Regulations |
Section 12; Short Title |
12. These regulations shall be called the Facilities Regulations, 2004.
| 2004 |
| General Safety Regulations |
Section 1; Definitions |
“Boatswain’s chair” means a suspended platform seat intended for supporting one person in an elevated position; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“building work” means building work as defined in the General Administrative Regulations published under Government Notice R206 of 5 October 1984; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“confined space” means an enclosed, restricted, or limited space in which, because of its construction, location or contents, or any work activity carried on therein, a hazardous substance may accumulate or an oxygen-deficient atmosphere may occur, and includes any chamber, tunnel, pipe, pit, sewer, container, valve, pump, sump, or similar construction, equipment, machinery or object in which a dangerous liquid or dangerous concentration of gas, vapour, dust or fumes may be present; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“fire resistance” means the minimum period for which a building element or component will comply with the requirements for stability, integrity, and insulation when tested in accordance with SABS 0177: Part II; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“flammable liquid” means any liquid which produces a vapour that forms an explosive mixture with air, and includes any liquid with a closed-cup flash-point of less than 55 degrees C; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“high-risk substance” means a substance listed in the Schedule to the General Administrative Regulations published under Government Notice R.2206 of 5 October 1984, as amended from time to time; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“putlog scaffold” means a scaffold supported by a single row of standards and the structure in connection with which it is being used; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“SABS 0177: Part II” means the South African Bureau of Standards’ code of practice entitled Fire Resistance Test For Building Elements, SABS 0177: Part II – 1981. |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“scaffold” means any temporary elevated platform and supporting structure used for supporting workmen or materials or both; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“Suspended scaffold” means a working platform suspended from supports by means of one or more separate suspensions from each support; |
1986 |
| General Safety Regulations |
Section 1; Definitions |
“trestle scaffold” means a working platform supported on trestles, stepladders, tripods and the like. |
1986 |
| General Safety Regulations |
Section 2; Personal safety equipment and facilities |
2.(1) Subject to the provisions of paragraphs (f), (g), (h) and (i) of regulation 5 of the General Administrative Regulations published under Government Notice R. 2206 of 5 October 1984, every employer and every user of machinery shall make an evaluation of the risk attached to any condition or situation which may arise from the activities of such employer or user, as the case may be, and to which persons at a workplace or in the course of their employment or in connection with the use of machinery are exposed, and he shall take such steps as may under the circumstances be necessary to make such condition or situation safe. (Replaced by GAR,1994 by Government Notice R. 17403 of 6 September, 1996.) (2) Where it is not practicable to safeguard the condition or situation contemplated in subregulation (1), the employer or user of machinery, as the case may be, shall take steps to reduce the risk as much as is practicable, and shall provide free of charge and maintain in a good and clean condition such safety equipment and facilities as may be necessary to ensure that any person exposed to any such condition or situation at a workplace or in the course of his employment or on premises where machinery is used is rendered safe. 3) Taking into account the nature of the hazard that is to be countered, and without derogating from the general duties imposed on employers and users of machinery by subregulations (1) and (2), the safety equipment and facilities ontemplated in subregulation (2) shall include, as may be necessary -- (a) suitable goggles, spectacles, face shields, welding shields, visors, hard hats, protective helmets, caps, gloves, gauntlets, aprons, jackets, capes, sleeves, leggings, spats, gaiters, protective footwear, protective overalls, or any similar safety equipment or facility of a type that will effectively prevent bodily injury; (b) waterproof clothing, high-visibility clothing, chemical-resistant clothing, low temperature clothing, chain mail garments, waders, fire retardant or flame-proof clothing, ice-jackets, or any similar safety equipment of a type that will effectively protect the wearer thereof against harm; (c) belts, harnesses, nets, fall arresters, life lines, safety hooks, or any similar equipment of a type that will effectively protect persons against falls; (d) mats, barriers, locking-out devices, safety signs, or any similar facility that will effectively prevent slipping, unsafe entry or unsafe conditions; (e) protective ointments, ear-muffs, ear-plugs, respirators, breathing apparatus, masks; air lines, hoods, helmets, or any similar safety equipment or facility of a type that will effectively protect against harm; (f) suitable insulating material underfoot where persons work on a floor made of metal stone, concrete or other similar material; and (g) generally, such safety equipment or facilities as may be necessary to render the persons concerned safe. (4) An employer or a user of machinery, as the case may be, shall take steps to ensure that no safety equipment or facility provided as required by this or any other regulation is removed from a workplace or from premises where machinery is used, except for purposes of cleaning, repair, maintenance, modification, mending or replacement, and no person shall remove any such safety equipment or facility from a workplace or premises where machinery is used, except for the aforesaid purposes. (5) An employer shall instruct his employees in the proper use, maintenance and limitations of the safety equipment and facilities provided. (6) An employer shall not require or permit any employee to work unless such an employee uses the required safety equipment or facility provided in terms of this or any other regulation. (7) The provisions of this regulation shall not be construed as derogating from the provisions of any specific regulation prescribing specific safety equipment or facilities. |
1986 |
| General Safety Regulations |
Section 2A; Intoxication |
2A. (1) Subject to the provisions of subregulation (3), an employer or a user, as the case may be, shall not permit any person who is or who appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a workplace. (2) Subject to the provisions of subregulation (3), no person at a workplace shall be under the influence of or have in his or her possession or partake of or offer any other person intoxicating liquor or drugs. (3) An employer or a user, as the case may be, shall, in the case where a person is taking medicines, only allow such person to perform duties at the workplace if the side effects of such medicine do not constitute a threat to the health or safety of the person concerned or other persons at such workplace. |
1986 |
| General Safety Regulations |
Section 2B; Display of substituted notices and signs |
2B. If the provisions of any regulation prescribe a particular notice or sign to be displayed by an employer or by a user at a workplace, the employer or user may, in lieu thereof, display a corresponding symbolic sign, as contained in a safety standard incorporated for this purpose into these regulations under section 44 of the Act, in which case the employer or user shall be deemed to have complied with such provisions. |
1986 |
| General Safety Regulations |
Section 2C; Admittance of persons |
2C. (1) Subject to section 8 of the Act, an employer or user, as the case may be, shall not permit a person to enter a workplace where the health or safety of such person is at risk or may be at risk, unless such person enters such workplace with the express or implied permission of and subject to the conditions laid down by such employer or user: Provided that such express or implied permission shall not apply in respect of a person entitled by law to enter such workplace or premises. (2) An employer or a user, as the case may be, shall, if he deems it necessary in the interests of health and safety, post up a notice at every entrance to a workplace prohibiting the entry of unauthorised persons to such workplace and no person shall enter or remain at such workplace without the permission of the employer or user, as the case may be. |
1986 |
| General Safety Regulations |
Section 3; First aid, emergency equipment and procedures |
3. (1) An employer shall take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive prompt first aid treatment in case of injury or emergency. (2) Where more than five employees are employed at a workplace, the employer of such employees shall provide a first aid box or boxes at or near the workplace which shall be available and accessible for the treatment of injured persons at that workplace. (3)(a) Taking into account the type of injuries that are likely to occur at a workplace, the nature of the activities performed and the number of employees employed at such workplace, the employer shall make sure that the first aid box or boxes contemplated in sub-regulation (2) contain suitable first aid equipment which include at least the equipment listed in the Annexure hereto. (b) Such an employer shall make sure that only articles and equipment contemplated in subregulation (a) or other similar equipment or medicine is kept in the first aid box or boxes. (4) Where more than 10 employees are employed at a workplace, the employer of such employees shall take steps to ensure that for every group of up to 50 employees at that workplace, or in the case of a shop or an office as contemplated in the Basic Conditions of employment Act, 1983 (Act No. 3 of 1983), for every group of up to 100 employees, at least one person is readily available during normal working hours, who is in possession of a valid certificate of competency in first aid, issued by - (a) the SA Red Cross Society; (b) the St. John Ambulance; (c) the SA First Aid League; or (d) a person or organisation approved by the chief inspector for this purpose. (5) An employer shall at a workplace where a high risk substance or toxic, corrosive or similar hazardous substances are used, handled, processed or manufactured, ensure that the first aid worker contemplated in subregulation (4) is trained in the first aid procedures that are necessary for the treatment of injuries that may result from such activities, including the acute detrimental effects of exposure to such substances, and in the emergency procedures which are necessary in the case of accidental leakage or dumping of such substances. (6) An employer shall affix a prominent notice or sign in a conspicuous place at a workplace, indicating where the first aid box or boxes are kept as well as the name of the person in charge of such first aid box or boxes. (7) An employee with an open wound, cut, sore or any similar injury, who works in a workplace where a substance contemplated in subregulation 5 is used, handled, processed or manufactured, shall report such injury to his employer forthwith. The employer may not permit such employee to continue working before the injury has been cleaned with soap and water or with a diluted disinfectant. (8) Where an employee is exposed or can be exposed to a potential hazard of injury to the eye through contact with a biological or chemical substance, the employer concerned shall make sure that there is an eyewash fountain or any similar facilities, in the immediate vicinity of the workplace of such employee and that the employee is trained in the use thereof. (9) Where an employee at a workplace is exposed or can be exposed to a potential hazard of injury to or absorption through the skin as a result of sudden contact with a large amount of toxic, corrosive, high risk or similar hazardous substance, the employer concerned shall make sure that there is a fast-reacting deluge- shower with clean water or a similar facility in the immediate vicinity of the workplace of such employee and that the employee is trained in the use thereof. |
1986 |
| General Safety Regulations |
Section 4; Use and storage of flammable liquids |
4. (1) No employer shall require or permit any person to work in a place where the vapour of any flammable liquid is generated to such an extent that it constitutes an actual or potential fire or explosion hazard or endangers the safety of any person, unless the provisions of subregulations (2) to (12) of this regulation are complied with. (2) No employer shall require or permit a flammable liquid to be used or applied other than in a room, cabinet or other enclosure specially constructed for this purpose of fire-resisting material or in a place which, owing to its situation or construction or any other feature or circumstance, is of such a nature that- (a) no fire or explosion hazard is, can or may be created thereat; (b) any vapour resulting from such use or application is efficiently dispersed and diluted into the atmosphere subject to the provisions of the Air Pollution Prevention Act, 1965 (Act 45 of 965); and (c) no other workplace can or may be contaminated by such vapour. (3) An employer shall cause every room, cabinet or enclosure contemplated in subregulation (2) to be fitted with an efficient intake and exhaust ventilation system to remove any vapour therefrom and to prevent its recirculation in a manner which may lead to the contamination of any other workplace of the creation of a fire or explosion hazard: Provided that, notwithstanding any other provision of this regulation, an employer shall provide every employee doing spraying with a respirator, mask or breathing apparatus of a type approved by the chief inspector, and that any such employee shall while spraying use such apparatus provided to him. (4) Where spraying is done in any room the employer concerned shall cause the ventilation system contemplated in subregulation (3) to conform to the following requirements: (a) if the air supply and extraction is horizontal, the average air speed measured at a level of 1.5 meters above the floor, or at the level of the platform on which persons stand to work, shall not be less than 0.5 meters per second; (b) if the air supply is vertical and the extraction thereof is done through slits or a grill along the side walls at floor level, the average air speed measured as a level of 1.5 meters above the floor, or at the level of the platform on which persons stand to work, shall not be less than 0.4 meters per second; or (c) if the air supply is vertical and the extraction thereof is done through a grill over the whole of the floor area, the average air speed measured at a level of 1.5 meters above the floor, or at the level of the platform on which persons stand to work, shall not be less than 0.3 meters per second. (5) Where spraying is done into any cabinet or enclosure as contemplated in subregulation (2), the employer concerned shall cause the ventilation system contemplated in subregulation (3) to comply with the following requirements: (a) where the area of the open face of the cabinet is not more than one square metre, the average speed of air movement through the said face shall not be less than one metre per second; (b) where the area of the open face is more than one square metre but less than two square meters, the average speed of air movement through the said face shall not be less than 0.75 meters per second; or (c) where the area of the open face is equal to or exceeds two square meters, the average speed of air movement through the said face shall not be less than 0.5 meters per second. (6) With regard to the ventilation system contemplated in subregulation (3) the employer shall cause -- (a) all ducts, trunks and enclosures of the system to be of fire resistant material with a smooth interior finish and to be constructed in such a manner as to facilitate the cleaning thereof; (b) the system to be kept in operation during working hours as well as for at least the period of time thereafter that may be necessary to clear the vapour from the atmosphere of the room, cabinet or enclosure to below 25 per cent of the lower explosive limit of that vapour; and (c) the work to be so organized that the flow of air towards the intake of such ventilation system is not obstructed and draws the spray or vapour of the flammable liquid away from any employee operating the equipment. (7) With regard to any room contemplated in subregulation (2) the employer shall cause every such room -- (a) with a floor area exceeding 20 square meters to have at least two separate entrances at opposite ends of the room, which shall be fitted with doors openings outwards that cannot be locked; and (b) to be fitted with an inspection window of strengthened and shatterproof glass that cannot be opened. (8)(a) An employer shall not permit-- (i) any fire, flame or naked light or anything which may generate static electricity or any other thing which may ignite a flammable liquid or its vapour, to be used in or taken into any room, cabinet or enclosure contemplated in subregulation (2) in which any such flammable liquid is used, sprayed or stored, and shall affix a suitable and conspicuous sign prohibiting any such act at all the entrances to any such room, cabinet or enclosure; (ii) any person to, and no person shall, smoke in any place in which flammable liquid is used or stored, and such employer shall affix a suitable and conspicuous notice prohibiting such smoking at all the entrances to any such place; and (iii) any process capable of causing sparks or fire, or the application of any heat for the drying of sprayed or treated articles, to take place in any room, cabinet or enclosure used for spraying, before the space or atmosphere has been cleared of all vapour. (b) No person shall contravene any prohibition made known as contemplated in subparagraph (i) or (ii) of paragraph (a). (9) With respect to any room, cabinet or enclosure contemplated in subregulation (2), the employer concerned shall cause -- (a) discarded cotton waste, cleaning rags or similar material to be removed daily and safely disposed of; (b) only that quantity of flammable liquid needed for work on one day to be taken into or kept in such room, cabinet or enclosure: Provided that partially consumed stock may be stored in a properly marked, fireproof wall cabinet inside the work place; (c) all drums, cans, canisters or similar containers holding flammable liquids to be kept tightly closed when not in actual use and, after their contents have been used up, to be removed from the workplace and safety disposed of daily; and (d) every such room, cabinet or enclosure to be kept clean and all fans, ducts, trunks and enclosures of the ventilation system contemplated in subregulation (3) to be kept clean and in good working order: Provided that any cleaning, scraping or scouring shall be done with implements that cannot cause sparking if the concentration of the vapour exceeds 25 per cent of the lower explosive limit of that vapour. (10) An employer shall cause every flammable liquid store to be -- (a) separated by means of fire-resisting material with a fire-resistance of two hours from any room, cabinet or enclosure contemplated in subregulation (2); (b) constructed of fire-resisting material with a fire-resistance of two hours; (c) constructed in such a way that, in case of spillage, a volume of the flammable liquid in question equal to the quantity of flammable liquid ordinarily kept in store plus 10 per cent of that quantity, can be contained; (d) ventilated to the open air in such a manner that vapour cannot accumulate inside the store; and (e) clearly marked with a sign indicating that it is such a store and also indicating the amount of flammable liquid which may be stored therein. (11) Taking into account the construction and location of the premises in question and the quantity and types of flammable liquids involved, an employer shall install an adequate amount of efficient fire-fighting equipment in suitable locations in and around every building in which such substances are used, handled or stored, or as may be recommended by the fire chief of the local authority concerned. (12) The provisions of this regulation shall not be construed as applying to the use of flammable liquids in the course of or in connection with building work: Provided that every employer engaged in building work shall ensure that, where flammable liquids are used or applied at the workplace concerned, this is done in such a manner that no fire or explosion hazard is created, and that the workplace is effectively ventilated: Provided further that where the workplace cannot be ventilated effectively the employer shall provide every employee involved with a respirator, mask or breathing apparatus of a type approved by the chief inspector, and shall take steps to ensure that every such employee, while using or applying flammable liquid, uses the apparatus supplied to him.
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1986 |
| General Safety Regulations |
Section 5; Work in confined spaces |
5. (1) An employer or a user of machinery shall take steps to ensure that a confined space is entered by an employee or other person only after the air therein has been tested and evaluated by a person who is competent to pronounce on the safety thereof, and who has certified in writing that the confined space is safe and will remain safe while any person is in the confined space, taking into account the nature and duration of the work to be performed therein. (2) Where the provisions of subregulation (1) cannot be complied with the employer or user of machinery, as the case may be, shall take steps to ensure that any confined space in which there exists or is likely to exist a hazardous gas, vapour, dust or fumes, or which has or is likely to have, an oxygen content of less than 20 per cent by volume, is entered by an employee or other person only when-- (a) subject to the provisions of subregulation (3), the confined space is purged and ventilated to provide a safe atmosphere therein and measures necessary to maintain a safe atmosphere therein have been taken; and (b) the confined space has been isolated from all pipes, ducts and other communicating openings by means of effective blanking other than the shutting or locking of a valve or a cock, or, if this is not practicable, only when all valves and cocks which are a potential source of danger have been locked and securely fastened by means of chains and padlocks. (3) Where the provisions of subregulation (2)(a) cannot be complied with, the employer or user of machinery shall take steps to ensure that the confined space in question is entered only when the employee or person entering is using breathing apparatus of a type approved by the chief inspector and, further, that-- (a) the provisions of subregulation (2) (b) are complied with; (b) any employee or person entering the confined space is using a safety harness or other similar equipment, to which a rope is securely attached which reaches beyond the access to the confined space, and the free end of which is attended to by a person referred to in paragraph (c); (c) at least one other person trained in resuscitation is and remains in attendance immediately outside the entrance of the confined space in order to assist or remove any or persons from the confined space, if necessary; and (d) effective apparatus for breathing and resuscitation of a type approved by the chief inspector is available immediately out side the confined space. (4) An employer or user of machinery shall take steps to ensure that all persons vacate a confined space on completion of any work therein. (5) Where the hazardous gas, vapour, dust or fumes contemplated in subregulation (2) are of an explosive or flammable nature, an employer or user of machinery shall further take steps to ensure that such a confined space is entered only if -- (a) the concentration of the gas, vapour, dust or fumes does not exceed 25 per cent of the lower explosive limit of the gas, vapour, dust or fumes concerned where the work to be performed is of such a nature that it does not create a source of ignition; or (b) such concentration does not exceed 10 per cent of the lower explosive limit of the gas, vapour, dust or fumes where other work is performed. (6) The provisions of this regulation shall mutatis mutandis also apply, in so far as they can be so applied, to any work which is performed in any place or space on the outside of and bordering on or in the immediate vicinity of, any confined space, and in which place or space, owing to its proximity to the confined space, any hazardous article, oxygen-deficient atmosphere or dangerous concentration of gas, vapour, dust or fumes may occur or be present. |
1986 |
| General Safety Regulations |
Section 6; Work in elevated positions |
6. No employer shall require or permit any person to work in an elevated position, and no person shall work in an elevated position, unless such work is performed safely from a ladder or scaffolding, or from a position where such person has been made as safe as if he were working from scaffolding. |
1986 |
| General Safety Regulations |
Section 7; Working in danger of engulfment |
7. No employer shall require or permit any person to, and no person shall, enter any place from or into which solid or particulate material is being discharged where a danger exists of a person being engulfed by such solid or particulate material, unless -- (a) such a person is provided with and properly uses a safety belt and rope; (b) at least one other person who has been properly instructed, is and remains in attendance outside such place to keep the persons therein under continuous observation in order to render assistance in case of emergency; and (c) the precautions prescribed by regulation 5 of these regulations are taken if dangerous gas, fumes, dust or vapour may be present in such a place. |
1986 |
| General Safety Regulations |
Section 8; Stacking of articles |
8. (1) No employer shall require or permit the building of stacks which consist of successive tiers, one on top of another, unless -- (a) the stacking operation is executed by or under the personal supervision of a person with specific knowledge and experience of this type of work; (b) the base is level and capable of sustaining the weight exerted on it by the stack; (c) the articles in the lower tiers are capable of sustaining the weight exerted on them by the articles stacked above them; (d) all the articles which make up any single tier are consistently of the same size, shape and mass; (e) pallets and containers are in good condition; and (f) any support structure used for the stacking of articles is structurally sound and can support the articles to be stacked on it. (2) An employer shall not permit -- a) articles to be removed from a stack except from the topmost tier or part of that tier; and (b) anybody to climb onto or from a stack, except if the stack is stable and the climbing is done with the aid of a ladder or other safe facility or means. (3) An employer shall take steps to ensure that -- (a) persons engaged in stacking operations do not come within reach of machinery which may endanger their safety; (b) stacks that are in danger of collapsing are dismantled immediately in a safe manner; and (c) the stability of stacks is not endangered by vehicles or other machinery or persons moving past them. (4) Unless a stack is otherwise supported an employer shall take steps to ensure that tiers of stacked material consisting of sacks, cases, cartons, tins or similar containers -- (a) are secured by laying up articles in a header and stretcher fashion and that corners are securely bonded; and (b) are stepped back half the depth of a single container at least every fifth tier or that, alternatively, successive tiers are stepped back by a lesser amount: Provided that at least the same average angle of inclination to the vertical is achieved: Provided further that where the containers are of a regular shape and their nature and size are such that the stack will be stable, they may be stacked with the sides of the stack vertical if the total height of the stack does not exceed three times the smaller dimension of the underlying base of the stack. (5) Notwithstanding the provisions of subregulation (4), free-standing stacks that are built with the aid of machinery may, with the approval of an inspector, be built to a height and in a manner permitted by the nature of the containers being stacked: Provided that -- (a) the stacks are stable and do not overhang; and (b) the operator of the stacking machinery is rendered safe as regards falling articles |
1986 |
| General Safety Regulations |
Section 9; Welding, flame cutting, soldering and similar operations |
9. (1) No employer or user of machinery shall require or permit welding or flame cutting operations to be undertaken, unless - (a) the person operating the equipment has been fully instructed in the safe operation and use of such equipment and in the hazards which may arise from its use; (b) effective protection is provided and used for the eyes and respiratory system and, where necessary, for the face, hands, feet, legs, body and clothing of persons performing such operations, as well as against heat, incandescent or flying particles or dangerous radiation; (c) leads and electrode holders are effectively insulated; and (d) the workplace is effectively partitioned off where practicable and where not practicable all other persons exposed to the hazards contemplated in paragraph (b) are warned and provided with suitable protective equipment. (2) No employer or user of machinery shall require or permit welding or name cutting operations to be undertaken in a confined space, unless -- (a) effective ventilation is provided and maintained; or (b) masks or hoods maintaining a supply of safe air for breathing are provided and used by the persons performing such operations. (3) No employer or user of machinery shall require or permit electric welding to be undertaken in wet or damp places, inside metal vessels or in contact with large masses of metal, unless -- (a) the insulation of the electrical leads is in a sound condition; (b) the electrode holder is completely insulated to prevent accidental contact with current-carrying parts; (c) the welder is completely insulated by means of boots, gloves or rubber mats; and (d) at least one other person who has been properly instructed to assist the welder in case of an emergency is and remains in attendance during operations: Provided that the provisions of this sub-regulation shall not apply to a welding process where the maximum voltage to earth does not exceed 50 volts. (4) No employer or user of machinery shall require or permit welding, flame cutting, grinding, soldering or similar work to be undertaken in respect of any tube, tank, drum, vessel or similar object or container where such object or container -- (a) is completely closed, unless a rise in internal pressure cannot render it dangerous; or (b) contains any substance which, under the action of heat, may -- (i) ignite or explode; or (ii) react to form dangerous or poisonous substances, unless a person who is competent to pronounce on the safety thereof has, after examination, certified in writing that any such danger has been removed by opening, ventilating or purging with water or steam, or by any other effective means. (5) Where hot work involving welding, cutting, brazing or soldering operations is carried out at places, other than workplaces which have been specifically designated and equipped for such work, the employer shall take steps to ensure that proper and adequate fire precautions are taken. |
1986 |
| General Safety Regulations |
Section 10; Operating trains |
10. (1) An employer or a user of machinery who operates a train or a train of tramway-trucks, as the case may be, shall cause a signalman carrying a red flag or red light to be stationed at every level crossing where a railway line or tramway crosses or joins a railway or a road, or shall provide other adequate means at such crossing to warn - (a) the driver of the train or the train of tramway-trucks of the approach of a train; and (b) traffic on the road of the approach of the train or train of tramway-trucks. (2) An employer or a user of machinery shall not permit a train or a train of tramwaytrucks to be run over a level crossing contemplated in subregulation (1) at a speed in excess of 10 kilometers per hour, and the driver thereof shall not exceed such speed. (3) No person shall drive or permit any other person to drive a locomotive, unless authorised to do so by his employer or the user of machinery, as the case may be. (4) An employer or a user of machinery shall not, except as provided for in subregulation (5), authorise any person to drive a locomotive while it is being used for the conveyance of persons other than those required for the working of the locomotive or train, unless such person is the holder of a locomotive engine driver's certificate issued by the South African Transport Services or in terms of regulations made under the Mines and Works Act, 1956 (Act 27 of 1956). (5) In the case of a locomotive other than a steam locomotive, having a design speed not exceeding 20 kilometres per hour, an employer or user of machinery, as the case may be, may authorize a person who has attained the age of 18 years to drive such a locomotive while it is being used for the conveyance of persons: Provided that -- (a) the employer or user of machinery is satisfied that the sight and hearing of any such person are not defective and that he does not suffer from any other physical or mental infirmity which is likely to interfere with the efficient and safe performance of his duties; and (b) the person so authorised is competent to carry out the duties assigned to him. (6) The provisions of this regulation shall not apply to trains operated by the South African Transport Services. |
1986 |
| General Safety Regulations |
Section 13A; Ladders |
13A (1) An employee shall ensure that every ladder is constructed of sound material and is suitable for the purpose for which it is used, and - (a) is fitted with non-skid devices at the bottom ends and hooks or similar devices at the upper ends of the stiles which shall ensure the stability of the ladder during normal use; or (b) is so lashed, held or secured whilst being used as to ensure the stability of the ladder under all conditions and at all times. (2) No employer shall use a ladder, or permit it to be used, if it - (a) (i) has rungs fastened to the stiles only by means of nails, screws, spikes or in like manner; or (ii) has rungs which have not been properly let into the stiles: Provided that in the case of welded ladder or ladders of which the rungs are bolted or riveted to the stiles, the rungs need not be let into the sides; or (b) has damaged stiles, or damaged or missing rungs. (3) No employer may permit that - (a) a ladder which is required to be leaned against an object for support be used which is longer than 9 m; and (b) except with the approval of an inspector, the reach of a ladder be extended by fastening together two or more ladders: Provided that the provisions of this subregulation shall not apply to extension of free-standing ladders. (4) In the case of wooden ladders the employer shall ensure that - (a) the ladders are constructed of straight grained wood, free from defects, and with the grain running in the length of the stiles and rungs; and (b) the ladders are not painted or covered in any manner, unless it has been established that there are no cracks or other inherent weaknesses: Provided that ladders may be treated with oil or covered with clear varnish or wood preservative. (5) When work is done from a ladder, the employer shall - (a) take special precautionary measures to prevent articles from falling off; and (b) provide suitable sheaths or receptacles in which hand tools shall be kept when not being used. (6) An employer shall ensure that a fixed ladder which exceeds 5 m in length and is attached to a vertical structure with an inclination to the horizontal level of 75 or more - (a) has its rungs at least 150 mm away from the structure to which the ladder is attached; and (b) is provided with a cage which - (i) extends from a point not exceeding 2.5 m from the lower level to a height of at least 900 mm above the top level served by the ladder; and (ii) shall afford firm support along its whole length for the back of the person climbing the ladder, and for which purpose no part of the cage shall be more than 700 mm away from the level of the rungs: Provided that the foregoing provisions of paragraph (b) shall nor apply if platforms, which are spaced not more than 8 m apart and suitable for persons to rest on, are provided. |
1986 |
| General Safety Regulations |
Section 13B; Ramps |
13B.(1) An employer shall ensure that every ramp - (a) is constructed in accordance with accepted technical standards; (b) has a safety factor of at least two with respect to the load it is expected to carry: Provided that the design makes sufficient provision for the load on the ramp as a result of the turning, braking and acceleration of vehicles, if the ramp is used for vehicles; and (c) has an inclination to the horizontal level of not more than 34° or one vertical to one and one half horizontal. (2) An employer shall ensure that every ramp - (a) the inclination of which renders additional foothold necessary, in every case where the inclination is more than 14° or one vertical to four horizontal, is provided with stepping laths which - (i) are placed at suitable intervals; and (ii) extend the full width of the ramp: Provided that the stepping laths may be interrupted over a width not exceeding 230 mm to facilitate the movement of barrows; and (b) which is higher than 2 m and is provided on both sides with - (i) substantial guard rails which are at least 900 mm and not exceeding 1 000 mm in height, and(ii) toe-boards which are at least 150 mm high and so affixed that no open space exists between the toe-board and the ramp. |
1986 |
| General Safety Regulations |
Section 14; Offences and penalties |
14. Any person who contravenes or fails to comply with any provision of regulation 2(1), 2(2), 2(4), 2(5), 2(6), 2A, 2C, 3, 4, 5, 6, 7, 8(1), 8(2), 8(3), 8(4), 9, 10(1), 10(2), 10(3), 10(4), 11(1), 12, 13A, 13B, 13C, 13D, 13E, 13F, or 13G shall be guilty of an offence and liable, on conviction to a fine or to imprisonment for a period not exceeding six months and, in the case of a continuous offence, to an additional fine of R200 for each day on which the offence continues, or to additional imprisonment of one day for each day on which the offence continues: Provided that the period of such additional imprisonment shall in no case exceed 90 days. |
1986 |
| General Safety Regulations |
Section 15; Withdrawal of Regulations |
15. The following regulations are hereby repealed: (a) regulations B.6, B.12 and B.14, published under Government Notice R. 929 of 28 June 1963; (b) regulations C. 14, C.16, C.17, C.20, C.47, C.48 and C.50, published under Government Notice R. 929 of 28 June 1963, as amended by Government Notices R. 3475 of 9 October 1969 and R. 109 of 26 January 1973; (c) regulation C.13A, published under Government Notice R. 109 of 26 January 1973; and (d) regulations D.3, D.5, D.13, D.14 and D.16, published under Government Notice R. 1934 of 13 December 1963, as amended by Government Notices R. 3475 of 9 October 1969, R. 1336 of 21 August 1970 and R. 109 of 26 January 1973. |
1986 |
| General Safety Regulations |
Section 16; Short title |
16. These regulations shall be called the General Safety Regulations. |
1986 |
| General Safety Regulations |
Minimum contents of a First Aid Box |
In the case of shops and offices, the quantities stated under items 1, 8, 9, 10, 14, 15, 17, and 18 may be reduced by half. Item 1 Wound cleaner / antiseptic (100ml) Item 2 Swabs for cleaning wounds Item 3 Cotton wool for padding (100g) Item 4 Sterile gauze (minimum quantity 10) Item 5 1 pair of forceps (for splinters) Item 6 1 pair of scissors (minimum size 100mm) Item 7 1 set of safety pins Item 8 4 triangular bandages Item 9 4 roller bandages (75mm x 5m) Item 10 4 roller bandages (100mm x 5m) Item 11 1 roll of elastic adhesive (25mm x 3m) Item 12 1 Non-allergenic adhesive strip (25mm x 3m) Item 13 1 Packet of adhesive dressing strips (minimum quantity 10 assorted sizes) Item 14 4 First aid dressing (75mm x 100mm) Item 15 4 First aid dressings (150mm x 200mm) Item 16 2 Straight splints Item 17 2 Pairs large and 2 pairs medium disposable latex gloves Item 18 2 CPR mouth pieces or similar devices |
1986 |