1Slides Amended Act

8/7/2019 1Slides Amended Act

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Department of Labour

REPUBLIC OF SOUTH AFRICA

Occupational Health and Safety Amendment Act, No.181 Of 1993


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7 Health and safety policy

The chief inspector may direct-

any employer in writing; and

any category of employers by notice in the

Gazette, to prepare a written policy


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An employer shall prominently display a copy ofthe policy referred to in subsection (1), signed bythe chief executive officer, in the workplace wherehis employees normally report for service.


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8 General duties of employers to their employees

Every employer shall provide and maintain, asfar as is reasonably practicable, a workingenvironment that is safe and without risk to thehealth of his employees.


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Without derogating from the generality of anemployer's duties the matters to which thoseduties refer include in particular-

the provision and maintenance of systems ofwork, plant and machinery that, as far as isreasonably practicable, are safe and without

risks to health;


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taking such steps as may be reasonablypracticable to eliminate or mitigate any hazardor potential hazard to the safety or health,before resorting to PPE


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making arrangements for ensuring, as far asis reasonably practicable, the safety andabsence of risks to health in connection withthe production, processing, use, handling,storage or transport of articles or substances;


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establishing, as far as is reasonablypracticable, what hazards to the health orsafety of persons are attached to any workwhich is performed, any article or substancewhich is produced, processed, used, handled,stored or transported and any plant ormachinery which is used in his business, and

he shall, as far as is reasonably practicable,


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further establish what precautionarymeasures should be taken with respect tosuch work, article, substance, plant ormachinery in order to protect the health andsafety of persons, and he shall provide thenecessary means to apply such precautionarymeasures;

providing such information, instructions,training and supervision as may be necessary


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to ensure, as far as is reasonably practicable,the health and safety at work of hisemployees;


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as far as is reasonably practicable, notpermitting any employee to do any work or toproduce, process, use, handle, store ortransport any article or substance or tooperate any plant or machinery, unless theprecautionary measures or any otherprecautionary measures which may be

prescribed, have been taken;


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taking all necessary measures to ensure thattire requirements of this Act are complied withby every person in his employment or onpremises under his control where plant ormachinery is used;


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enforcing such measures as may be necessary in theinterest of health and safety;

ensuring that work is performed and that plant ormachinery is used under the general supervision of aperson trained to understand the hazards associatedwith it and who have the authority to ensure that

precautionary measures taken by the employer areimplemented; and


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causing all employees to be informedregarding the scope of their authority ascontemplated in section 37 (1) (b).


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9 General duties of employers and self-employedpersons to persons other than their employees

Every employer shall conduct his undertaking insuch a manner as to ensure, that persons otherthan those in his employment who may bedirectly affected by his activities are not thereby

exposed to hazards to their health or safety.


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Every self-employed person shall conduct hisundertaking in such a manner as to ensure, asfar as is reasonably practicable, that he andother persons who may be directly affected byhis activities are not thereby exposed to hazardsto their health or safety.


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10 General duties of manufacturers and othersregarding articles and substances for use at work

Any person who designs, manufactures,imports, sells or supplies any article for use atwork shall ensure, that the article is safe andwithout risks to health when properly used and

that it complies with all prescribed requirements.


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Any person who erects or installs any article foruse at work on or in any premises shall ensure,as far as is reasonably practicable, that nothingabout the manner in which it is erected orinstalled makes it unsafe or creates a risk tohealth when properly used.


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Any person who manufactures, imports, sells orsupplies any substance for use at work shall-

ensure, as far as is reasonably practicable,that the substance is safe and without risks tohealth when properly used; and


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take such steps to ensure that information isavailable with regard to the use of thesubstance, the risks to health and safetyassociated with such substance, theconditions necessary to ensure that thesubstance will be safe and without risks andthe procedures to be followed in the case of

an accident involving such substance.


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Where a person designs, manufactures, imports,sells or supplies an article or substance for or toanother person and that other personundertakes in writing to take specified stepssufficient to ensure, as far as is reasonablypracticable, that the article or substance willcomply with all prescribed requirements and will

be safe and without risks to health whenproperly used


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11 Listed work

The Minister may, subject to the provisions ofsubsections (2) and (3), by notice in the Gazettedeclare any work, under the conditions orcircumstances specified in the notice, to belisted work.


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Subject to such arrangements as may beprescribed, every employer whose employeesundertake listed work or are liable to be exposedto the hazards emanating from listed work, shall,after consultation with the health and safetycommittee established for that workplace-


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identify the hazards and evaluate the risksassociated with such work constituting ahazard to the health of such employees, andthe steps that need to be taken to comply withthe provisions of this Act;


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as far as is reasonably practicable, preventthe exposure of such employees to thehazards concerned or, where prevention isnot reasonably practicable, minimize suchexposure; and


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13 Duty to inform

Without derogating from any specific dutyimposed on an employer by this Act, everyemployer shall-

as far as is reasonably practicable, cause

every employee to be made conversant withthe hazards to his health and safety attachedto any work which he has to perform,


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inform the health and safety representativesconcerned beforehand of inspections,investigations or formal inquiries

inform a health and safety representative assoon as reasonably practicable of theoccurrence of an incident in the workplace

such representative has been designated.


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14 General duties of employees at work

Every employee shall at work-

take reasonable care for the health and safetyof himself and of other persons who may beaffected by his acts or omissions;

as regards any duty or requirement imposedon his employer or any other person by this


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co-operate with such employer or person;

carry out any lawful order given to him, andobey the health and safety rules andprocedures laid down by his employer;


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if any situation which is unsafe or unhealthycomes to his attention, as soon as practicablereport such situation to his employer or to thehealth and safety representative for hisworkplace or section thereof, as the case maybe, who shall report it to the employer; and


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if he is involved in any incident which mayaffect his health or which has caused aninjury to himself, report such incident to hisemployer, or to his health and safetyrepresentative, as soon as practicable but notlater than the end of the particular shift and ifnot practicable he shall report the incident as

soon as practicable thereafter.


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15 Duty not to interfere with, damage or misusethings

CEO charged with certain duties

Every CEO shall as far as is reasonablypracticable ensure that the duties of his

employer as contemplated in this Act, areproperly discharged.


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Without derogating from his responsibility orliability in terms of subsection (1), a chiefexecutive officer may assign any duty to anyperson under his control, which person shall actsubject to the control and directions of the chiefexecutive officer.


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The provisions of subsection (1) shall not,subject to the provisions of section 37, relievean employer of any responsibility or liabilityunder this Act.

For the purpose of subsection (1), the head ofdepartment of State shall be deemed to be the

chief executive officer of that department.


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17 Health and safety representatives

Every employer who has more than 20employees in his employment at any workplace,designate in writing for a specified period healthand safety representatives for such workplace,or for different sections thereof.


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Only those employees employed in a full-timecapacity at a specific workplace and who areacquainted with conditions and activities shallbe eligible for designation as health and safetyrepresentatives for that workplace or section.

The number of SHE representatives shops and

offices be at least one health and safetyrepresentative for every 100 employees


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all other workplaces at least one health andsafety representative for every 50 employees orpart thereof

An inspector may by notice in writing direct theemployer to designate such number ofemployees as the inspector may determine as

health and safety representatives for thatworkplace


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All activities in connection with the designation,functions and training of health and safetyrepresentatives shall be performed during

ordinary working hours.


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18 Functions of health and safety representatives

A health and safety representative may perform

the following -

review the effectiveness of health and safetymeasures;


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identify potential hazards and potential majorincidents at the workplace;

in collaboration with his employer, examinethe causes of incidents at the workplace;

investigate complaints by any employee

relating to that employee's health or safety;


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make representations to the employer or ahealth and safety committee or where suchrepresentations are unsuccessful, to an

inspector;

make representations to the employer ongeneral matters affecting the health or safety

of the employees at the workplace;

inspect the workplace:


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Provided that the health and safetyrepresentative shall give reasonable notice of

his intention to carry out such an inspectionto the employer, who may be present duringthe inspection;


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participate in consultations with inspectorsand accompany inspectors on inspections ofthe workplace;

receive information from inspectors, and

in his capacity as a health and safety

representative attend meetings of the healthand safety committee.


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A health and safety representative shall:

visit the site of an incident at all reasonable

times and attend any inspection in loco;

attend any investigation or formal inquiryheld in terms of this Act;


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Inspect any document which the employer isrequired to keep in terms of this Act;

accompany an inspector on any inspection;

with the approval of the employer beaccompanied by a technical adviser, on any

inspection; and


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participate in any internal health or safetyaudit.

An employer shall provide such facilities,assistance and training as a health and safetyrepresentative may reasonably require incarrying out of his functions.


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A health and safety representative shall notincur any civil liability by reason of the factonly that he failed to do anything which he may

do or is required to do in terms of this Act.


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19 Health and safety committees

An employer shall in respect of each workplace

where two or more health and safetyrepresentatives have been designated,establish one or more health and safetycommittee


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Provided that-

if one health and safety committee has been

established in respect of a workplace, all thehealth and safety representatives for thatworkplace shall be members of thecommittee;


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the number of persons nominated by anemployer on any health and safetycommittee established in terms of this

section shall not exceed the number ofhealth and safety representatives on thatcommittee.


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The persons nominated by an employer on ahealth and safety committee shall bedesignated in writing by the employer for such

period as may be determined by him, while thehealth and safety representatives shall bemembers of the committee for the period oftheir designation in terms of section 17 (1).


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A health and safety committee shall holdmeetings as often as may be necessary, but atleast once every three months, at a time and

place determined by the committee:

If more than 10 per cent of the employees hasrequested to an inspector, the inspector may

by written notice direct that such a meeting beheld.


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The procedure at meetings shall be determinedby the committee.

A health and safety committee may co-opt anadvisor.

An advisory member shall not be entitled to

vote on any matter before the committee.


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20 Functions of health and safety committees

A health and safety committee-

may make recommendations to the employeror, where the recommendations fail toresolve the matter, to an inspector;


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shall discuss any incident in which anyperson was injured, became ill or died, andmay in writing report on the incident to an

inspector; and

shall perform such other functions as maybe prescribed.


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A health and safety committee shall keeprecord of each.

A health and safety committee or a memberthereof shall not incur any civil liability byreason of the fact only that it or he failed to doanything which it or he may or is required to do

in terms of this Act.


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An employer shall take the prescribed steps toensure that a health and safety committeecomplies


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21 General prohibitions by the minister

22 Sale of certain articles prohibited

in respect of any article, substance, plant,machinery or health and safety equipment or forthe use or application thereof has been

prescribed,


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no person shall sell or market in any mannerwhatsoever such article, substance, plant,machinery or health and safety equipment unless it

complies with that requirement.


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23 Certain deductions prohibited

No employer shall in respect of anything which

he is in terms of this Act required to provide or todo in the interest of the health or safety of anemployee, make any deduction from anyemployee's remuneration or require or permit

any employee to make any payment to him orany other person. Report to inspector regardingcertain incidents


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24 Reporting to inspector

any person dies, becomes unconscious,

suffers the loss of a limb, part of a limb or isinjured or becomes ill to such a degree thathe is likely either to die or to suffer apermanent physical defect or likely to be

unable for a period of at least 14 days eitherto work activity for which he was employed:


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a major incident occurred; or

the health or safety of any person was

endangered and where-

a dangerous substance was spilled;

the uncontrolled release of any substanceunder pressure took place;


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machinery or any part thereof fractured orfailed resulting in flying, falling oruncontrolled moving objects; or

machinery ran out of control,


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shall, within the prescribed period and in theprescribed manner, be reported to aninspector by the employer or the user of the

plant or machinery concerned, as the casemay be.


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The provisions of subsections (1) and (2) shallnot apply in respect of-

a traffic accident on a public road;

an incident occurring in a private household,provided the householder forthwith reports

the incident to the South African Police; or


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any accident which is to be investigatedunder section 12 of the Aviation Act, 1962(Act No. 74 of 1962).

A member of the South African Police to whoman incident was reported, shall forthwith notifyan inspector thereof.


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25 Report to chief inspector regardingoccupational disease

Any medical practitioner who examines ortreats a person for a disease or any otherdisease which he believes arose out of thatperson's employment, shall within the

prescribed period report the case to theperson's employer and to the chief inspector,and inform that person accordingly


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26 Victimization forbidden

No employer shall dismiss an employee, by

reason of the fact, or because he suspects orbelieves, whether or not the suspicion orbelief is justified or correct, that thatemployee has given information to the

Minister or to any other person which relatesto the terms, conditions or circumstances ofhis employment.


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No employer shall unfairly dismiss anemployee, by reason of a report made to theemployer in terms of Occupational disease


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27 Designation and functions of chief inspector

The Minister shall designate an chief inspector for

the purposes of this Act.

The chief inspector shall perform his functionssubject to the control and supervision of theDirector-General of the Department.


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The chief inspector may delegate any powerconferred upon him to any other officer orauthorize any such officer to perform any duty

assigned to him by this Act.


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28 Designation of inspectors by Minister

a. The Minister may designate any person as

an inspector.


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29 Functions of inspectors

An inspector may, for the purposes of this

Act-

without previous notice, at allreasonable times, enter any premises


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Question any person who is or was on or insuch premises, either alone or in the presenceof any other person, on any matter to which

this Act relates;

require from any person who hascontrol over or custody of a book,record or other document on or in thosepremises, to produce to him forthwith.


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examine any such book, record or otherdocument or make a copy thereof or anextract there-from;

require from such a person anexplanation of any entry in such book,record or other document;


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inspect any article, substance, plant ormachinery which is or was on or inthose premises, or any work performed

on or in those premises or anycondition prevalent on or in thosepremises or remove for examination oranalysis any article, substance, plant ormachinery or a part or sample thereof;


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Seize any of the above which in his opinionmay serve as evidence at the trial of anyperson charged with an offence under this Act

or the common law:

The user may make copies of such book,record or document before such seizure;

direct any employer, employee or user,including any former employer,


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employee or user, to appear before himat such time and place as may bedetermined by him and question such

employer, employee or user either aloneor in the presence of any other personon any matter to which this Act relates;

perform any other function as may beprescribed.


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An interpreter, a member of the South AfricanPolice or any other assistant may, when requiredby an inspector, accompany him when he

performs his functions under this Act.


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For the purposes of this Act an inspector'sassistant shall, while he acts under theinstructions of an inspector, be deemed to be an

inspector.


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When an inspector enters any premises theemployer shall at all times provide such facilitiesas are reasonably required by the inspector to

enable him and his assistant (if any) to performeffectively and safely his or their functions underthis Act.


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When an inspector removes or seizes any article,substance, plant, machinery, book, record or otherdocument he shall issue a receipt to the owner or

person in control thereof.


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30 Special powers of inspectors

An inspector may in writing prohibit the continuing

or commencing with the performance of an actthat poses a hazard or risk act or from requiring orpermitting that act to be continued or commencedwith, as the case may be.


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Whenever a user of plant or machinery uses orproposes to use any plant or machinery, in amanner or in circumstances which in the opinion

of an inspector threatens or is likely to threatenthe health or safety of any person who workswith such plant or machinery or who is or maycome within the vicinity thereof, the inspectormay in writing prohibit such act.


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An inspector may in writing prohibit an employerfrom requiring or permitting an employee to beexposed in the course of his employment for a

longer period than a period specified in theprohibition, to any article, substance, organismor condition which in the opinion of an inspectorthreatens or is likely to threaten the health orsafety of that employee.


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A prohibition imposed may at any time be revokedby an inspector in writing if arrangements to thesatisfaction of the inspector have been made to

dispose of the threat which gave rise to theimposition of the prohibition.


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In order to enforce a prohibition imposed aninspector may block, bar, barricade or fence offthat part of the workplace, plant or machinery to

which the prohibition applies, and no person shallinterfere with or remove such blocking, bar,barricade or fence.


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If an inspector is of the opinion that the health orsafety of any person at a workplace or in thecourse of his employment or in connection with

the use of plant or machinery is threatened onaccount of the refusal or failure of an employer,the inspector may in writing direct that employerto take such steps within a specified period.

The same applies with the regulations


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Such period may at any time be extendedby an inspector by notice in writing to theperson concerned.

An employer shall forthwith bring thecontents of a prohibition, direction ornotice under this section to the attentionof the health and safety representativesand employees concerned.


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31 Investigations

An inspector may investigate the

circumstances of any incident which hasoccurred at the workplace which hasresulted, or could have resulted, in theinjury, illness or death of any person holda formal investigation in terms of section32.


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After completing the investigation the inspectorshall submit a written report, statements,documents and information gathered by him, to

the attorney-general and to the chief inspector.

Upon receipt of a the attorney-general shall dealtherewith in accordance with the provisions oflegislation.


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An inspector holding an investigation shall notincur any civil liability by virtue of anythingcontained in the report.


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32 Formal inquiries

The chief inspector may when so requested by a

person producing prima facie evidence of anoffence, direct an inspector to conduct a formalinquiry into any incident which has occurred at aworkplace which has resulted, or could haveresulted, in the injury, illness or death.


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For the purposes of an inquiry an inspector maysubpoena any person to appear before him on aday 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 theinspector has a bearing on the subject of theinquiry.


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Save as is otherwise provided in this section, thelaw governing criminal trials in magistrates' courtsshall mutatis mutandis apply to obtaining the

attendance of witnesses and the production bythem of books, documents and things.


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Any inquiry under this section shall be held inpublic:

Provided that the presiding inspector may excludefrom the place where the inquiry is held, anyperson whose presence is, in his opinion,undesirable or not in the public interest.


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The presiding inspector may designate any personto lead evidence and to examine any witnessgiving evidence at a formal inquiry.

Any person who has an interest in the issue of theformal inquiry may personally or byrepresentative, advocate or attorney put suchquestions to a witness at the inquiry to suchextent as the presiding inspector may allow.


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33 Joint inquiries

The provisions of section 32 shall not prohibit joint

inquiries.


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A judicial officer shall preside and thereupon theprovisions 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.


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34 Obstruction of investigation or inquiry orpresiding inspector or failure to render assistance

No person shall, in relation to any investigation orinquiry without reasonable justification fail tocomply with any lawful direction, subpoena, requestor order issued or given by the presiding inspector;

refuse or fail to answer to the best of hisknowledge any question lawfully put to him by


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or with the concurrence of the presidinginspector:

Provided that no person shall be obliged toanswer any question whereby he mayincriminate himself;

in any manner whatsoever advise, encourage,incite, order or persuade any person who hasbeen directed, subpoenaed, requested or


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ordered to do something by the presidinginspector, not to comply with such direction,subpoena, request or order or in any manner

prevent him from doing so;

refuse or fail, when required thereto by thepresiding inspector, to furnish him with themeans or to render him the necessaryassistance for holding such inquiry;


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refuse or fail, when required thereto by thepresiding inspector, to attend an inquiry; or

intentionally insult the presiding inspector orhis assistant or intentionally interrupt theproceedings thereof.


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35 Appeal against decision of inspector

Any person who disagree with an inspectors

decision may appeal against such decision to thechief inspector, and the chief inspector shall, afterhe has considered the appeal and the inspector'sreasons for the decision, confirm, set aside or varythe decision or substitute for such.


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Within 60 days lodge an appeal with the chiefinspector in writing, setting out the grounds onwhich it is made.

Any person aggrieved by a decision taken by thechief inspector may appeal to the industrial court,who shall consider the matter forming the subjectof the appeal and confirm, set aside or vary thedecision or substitute such decision.


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Within 60 days lodge an appeal with the industrialcourt.

An appeal in connection with a prohibitionimposed shall not suspend the operation of suchprohibition.


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36 Disclosure of information

No person shall disclose any information concerning

the affairs of any other person except-

to the extent to which it may benecessary for the proper administrationof a provision of this Act;


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for the purposes of the administration ofjustice; or

at the request of a health and safetyrepresentative or a health and safetycommittee entitled thereto.


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37 Acts or omissions by employees or mandataries

Whenever an employee does or omits to do any

act which it would be an offence in terms of thisAct for the employer of such employee or a user todo or omit to do, then, unless it is proved that-


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in doing or omitting to do that act theemployee was acting without the connivanceor permission of the employer or any such

user;

it was not under in any circumstance withintheir scope of the authority to do or omit to doan act, whether lawful or unlawful; and


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all reasonable steps were taken by theemployer or any such user to prevent any actor omission of the kind in question, the

employer or any such user himself shall bepresumed to have done or omitted to do thatact, and shall be liable thereof;


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and the fact that he issued instructionsforbidding any act or omission of the kind inquestion shall not, in itself, be accepted as

sufficient proof that he took all reasonablesteps to prevent the act or omission.


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These provisions shall mutatis mutandis apply inthe case of a mandatary of any employer or user,except if the parties have agreed in writing to the

arrangements and procedures between them toensure compliance by the mandatary with theprovisions of this Act.


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Whenever any employee or mandatary of anyemployer or user does or omits to do an act whichit would be an offence in terms of this Act for the

employer or any such user to do or omit to do, heshall be liable to be convicted and sentenced inrespect thereof as if he were the employer or user.


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The same applies for employee or mandatary ofthe State.

Any employee or mandatary may be so convictedand sentenced in addition to the employer or user.


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Whenever the employee or mandatary of anemployer is convicted of an offence consisting ofa contravention, the court shall, when making an

order, make such an order against the employerand not against such employee or mandatary.


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38 Offences, penalties and special orders of court

Any person who-

contravenes or fails to comply with anyprovision of the act,


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shall be guilty of an offence and on conviction beliable to a fine not exceeding R50000 or toimprisonment for a period not exceeding one year

or to both such fine and such imprisonment.

Any employer on conviction be liable to a fine notexceeding R100 000 or to imprisonment for aperiod not exceeding two years or to both.


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Whenever a person is convicted of an offenceconsisting of a failure to comply with a provisionof this Act or of any direction or notice issued

there-under, the court convicting him may, inaddition to any punishment imposed on him inrespect of that offence, issue an order requiringhim to comply with the said provision within aperiod determined by the court.


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Whenever an employer is convicted of anoffence consisting of a contravention of aprovision of section 23, it shall determine

the amount which was deducted from theemployee and then act with respect to thesaid amount mutatis mutandis inaccordance with sections 28 and 29 of theB C of Employment Act No. 3 of 1983, as if

such amount is an amount underpaid.


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39 Proof of certain facts

Whenever in any legal proceedings in terms of this

Act it is proved that any person was present on orin any premises, that person shall, unless thecontrary is proved, be presumed to be anemployee.


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In the absence of satisfactory proof of age, the ageof any person shall, in any legal proceedings interms of this Act, be presumed to be that stated by

an inspector to be in his opinion the probable ageof the person;


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but any person having an interest who isdissatisfied with that statement of opinion may, athis own expense, require that the person whose

age is in question appear before and be examinedby a district surgeon who will issue a certificate asto what in his opinion is the persons probable age,but only for the purpose of the said proceedings,be conclusive proof of the age.


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In any legal proceedings in terms of this Act, anystatement or entry contained in any book ordocument kept by any employer or user or by his

employee or mandatary, or found on or in anypremises occupied or used by that employer oruser, and any copy or reproduction of any suchstatement or entry, shall be admissible in evidenceagainst him as an admission of the facts set forth

in that statement or entry,


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unless it is proved that that statement or entry wasnot made by that employer or user or by anyemployee or mandatary of that employer or user

within the scope of his authority.


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Whenever in any legal proceedings in terms of thisAct it is proved that any untrue statement or entryis contained in any record kept by any person, he

shall be presumed, until the contrary is proved,wilfully to have falsified that record.


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Whenever at the trial of any person charged with acontravention of section 22 it is proved that theaccused sold or marketed any article, it shall be

presumed, until the contrary is proven, that it didnot at the time of the sale comply with the saidrequirements.


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At any trial any document purporting to be acertificate or statement by an approved inspectionauthority and in which it is alleged that the article

forming the subject of the charge complies with therequirements prescribed in respect thereof, shall onits mere production at that trial by or on behalf ofthe accused be accepted as prima facie proof of thefacts stated therein.

D f L b


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whenever in any legal proceedings question ariseswhether any document contains the text of a HSstandard incorporated in the regulations under

sect 44, any document statement by a person whoalleges that he is an inspector and that a particulardocument contains the said text, shall on its mereproduction at the proceedings be prima facie proofof the facts stated therein.

D t t f L b


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Records to be kept by a SHE committee, includingany document purporting to be certified by aninspector as a true extract from any such records,

shall on their mere production at any legalproceedings by any person be admissible asevidence of a recommendation or report recordedin such records was made by a SHE committee toan employer or inspector concerned.



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40 Exemptions

The Minister may, for such period and on such

conditions as may be determined by him, exemptany employer, generally or with respect to anyparticular employee or users or with respect to anymatter, from any of or all the provisions of this Actor provisions of a notice under this Act.



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The period for which exemption may be grantedmay commence on a date earlier than the date onwhich exemption is granted, but not earlier than

the date on which application for such exemptionwas made to the Minister.



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An exemption shall-

in the case of the exemption of a particular

employer or user, be granted by issuing tosuch employer or user a certificate ofexemption in which his name and the scope,period and conditions of the exemption arespecified;



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exemption of a category of employers or of acategory of such users, are granted by thepublication in the Gazette of a notice in which

that category of employers or users isdescribed and the scope, period andconditions of the exemption are specified:



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A certificate of exemption and a notice may atany time be amended or withdrawn by theMinister.



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41 This Act not affected by agreements

shall not be affected by any condition of any

agreement, whether such agreement was enteredinto before or after the commencement of this Actor before or after the imposition of any suchcondition, as the case may be.



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42 Delegation and assignment of functions

The Minister may delegate any power conferred

upon him by or under this Act, except the powercontemplated in section 43, to an officer.



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p

Such delegation shall not prevent the exercise ofthe relevant power by the Minister himself.

The Minister may authorize any provincialadministration or local authority to perform anyfunction referred to in this Act.



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p

Any such authorization shall not prevent theperformance of the relevant function by theMinister, the chief inspector or an inspector, as

the case may be.



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p

43 Regulations

The Minister may make regulations-

as to any matter which in terms of this Actshall or may be prescribed;



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which in the opinion of the Minister arenecessary in the interest of the health andsafety of persons at work, including

regulations as to-

the planning, layout, construction, use,alteration, repair, maintenance ordemolition of buildings;



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the design, manufacture, construction,installation, operation, use, handling,alteration, repair, maintenance or

conveyance of plant, machinery or healthand safety equipment;



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the training, safety equipment or facilitiesto be provided by employers or users, thepersons to whom and the circumstances in

which they are to be provided and theapplication thereof;

the health or safety measures to be takenby employers or users;



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the occupational hygiene measures to betaken by employers or users;

any matter regarding the biologicalmonitoring or medical surveillance ofemployees;



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the production, processing, use, handling,storage or transport of, and the exposureof employees and other persons to,

hazardous articles, substances ororganisms or potentially hazardousarticles, substances or organisms,including specific limits, thresholds orindices of or for such exposure;



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the performance of work in hazardous orpotentially hazardous conditions orcircumstances;



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the emergency equipment and medicine to beheld available by employers and users, theplaces where such equipment and medicine are

to be held, the requirements with which suchequipment and medicine shall comply, theinspection of such equipment and medicine,the application of first-aid and the qualificationswhich persons applying first-aid shall possess;



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the compilation by employers of health andsafety directives in respect of a workplace,the matters to be dealt with in such

directives and the manner in which suchdirectives shall be brought to the attentionof employees and other persons at such aworkplace;



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the registration of persons performinghazardous work or using or handling plantor machinery, the qualifications which such

persons shall possess and the feespayable to the State in respect of suchregistration;



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the accreditation, functions, duties andactivities of approved inspectionauthorities;

the consultations between an employer andemployees on matters of health and safety;



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subject to section 36, the provision ofinformation by an employer or user toemployees or the public on any matter to which

this Act relates;

the conditions under which any employer isprohibited from permitting any person to eat orsmoke where a specified activity is carried out;



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the conditions under which themanufacture of explosives and activitiesincidental thereto may take place;

as to the preventive and protective measuresfor major hazard installations with a view tothe protection of employees and the publicagainst the risk of major incidents;



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as to the registration of premises whereemployees perform any work or where plantor machinery is used and the fee payable to

the State in respect of such registration;

whereby provision is made for thecontinuation of any registration under thisAct;



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as to the registration of plant and machineryand the fee payable to the State in respect ofsuch registration;

as to the establishment of one or morecommittees for the administration of aprovision of the regulations, the constitutionof such committees, the functions of such

committees,



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the procedure to be followed at meetings ofsuch committees, the allowances which maybe paid to members of such committees from

money appropriated by Parliament for suchpurpose and the person by whom suchallowances shall be fixed;



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prescribing the records to be kept and thereturns to be rendered by employers and usersand the person or persons to whom such

returns shall be rendered;

as to the designation and functions of healthand SHE repd and SHE committees and thetraining of health and safety representatives;



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as to the activities of self-employed persons;and

as to any other matter the regulation of whichis in the opinion of the Minister necessary ordesirable for the effective carrying out of theprovisions of this Act.



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No regulation shall be made by the Ministerexcept after consultation with the Council, andno regulation relating to State income or

expenditure or to any health matter shall bemade by the Minister except after consultationalso with the Minister of State Expenditure andthe Minister for National Health and Welfare,respectively.



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In making regulations the Minister may applyany method of differentiation that he may deemadvisable: Provided that no differentiation on the

basis of race or colour shall be made.



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A regulation may in respect of any contraventionthereof or failure to comply therewith prescribe apenalty of a fine, or imprisonment for a period

not exceeding 12 months, and, in the case of acontinuous offence, not exceeding an additionalfine of R200 or additional imprisonment of oneday for each day on which the offencecontinues:



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Provided that the period of such additionalimprisonment shall not exceed 90 days.



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A regulation made under section 35 of theMachinery and Occupational Safety Act, 1983(Act No. 6 of 1983), which was in force

immediately prior to the commencement of thisAct and which could have been made under thissection, shall be deemed to have been madeunder this section.



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44 Incorporation of health and safety standards inregulations

The Minister may by notice in the Gazette incorporatein the regulations any H&S standard or part thereof,without stating the text thereof, by mere reference tothe number, title and year of issue of that H&Sstandard or information sufficiently identified.



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No health and safety standard shall beincorporated in the regulations except afterconsultation with the Council.

Any H&S standard incorporated shall in so far asit is not repugnant to any other regulation, bedeemed to be a regulation, but not before 2months after incorporation.



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Whenever any health and safety standard is atany time amended or substituted by thecompetent authority, the notice incorporating

that health and safety standard shall, unlessotherwise stated, be deemed to refer to thathealth and safety standard as so amended orsubstituted, as the case may be.



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The chief inspector shall keep a register ofparticulars of every publication in which a H&Sstandard incorporated in the regulations and every

amendment or substitution of any such standard,was published, and also of the place where it isobtainable and he shall make that register or anextract there from available free of charge topersons having an interest, for inspection.



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The provisions of section 31 of the StandardsAct, 1993 (Act No. 29 of 1993), shall not apply toany incorporation of a health and safety

standard or of any amendment or substitution ofa health and safety standard under this section.



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Any safety standard which was immediatelyprior to the commencement of this Actincorporated under section 36 of the Machinery

and Occupational Safety Act, 1983 (Act No. 6 of1983), in the regulations made under that Act,shall be deemed to be a health and safetystandard incorporated under this section.



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45 Serving of notices

Unless another method is prescribed, a notice

under this Act shall be served-

by delivering a copy thereof to the personupon whom it is to be served;

by leaving such a copy at the usual or lastknown place of residence or business of such



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a person; or

by sending such a copy by registered post to

the usual or last known place of residence orbusiness of such a person.



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46 Jurisdiction of magistrates courts

Notwithstanding anything to the contrary

contained in any law-

a magistrate's court shall have jurisdiction toimpose any penalty or to make any orderprovided for in this Act;



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no magistrate's court shall be competent topronounce upon the validity of any regulationmade under this Act.

47 State bound

This Act shall bind the State.



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48 Conflict of provisions

In so far as any provision of the Explosives Act,1956 (Act No. 26 of 1956), is repugnant to aprovision of this Act the provisions of this Actshall apply.



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49 Repeal of laws

The Machinery and Occupational Safety Act,1983 (Act No. 6 of 1983), the Machinery andOccupational Safety Amendment Act, 1989 (ActNo. 40 of 1989), and the Machinery andOccupational Safety Amendment Act, 1991 (ActNo. 97 of 1991), are hereby repealed.



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50 Short title and commencement

This Act shall be called the Occupational Healthand Safety Act, 1993, and shall come intooperation on a date fixed by the State Presidentby proclamation in the Gazette.

Different dates may be so fixed in respect of

Documents

1Slides Amended Act