CONTENTS

Page

1. OH&S Act ………………………….. …………………………………… 2

2. General Administrative Regulations ……………………….. ……….. 24

3. General Safety Regulations …………………………………………... 29

4. Environmental Regulations for Workplaces ……..………………….. 42

5. Facilities Regulations …….……………………………………………. 47

6. Hazardous Chemical Substances Regulations ……………….….... 50

7. Construction Regulations 2014 ……………….…………………….. 65

Edited. E&OE 1
 1. OH&S ACT

REPUBLIC OF SOUTH AFRICA

No. 85 of 1993: Occupational Health and Safety Act

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

ACT
To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of
plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of
or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and
to provide for matters connected therewith.

(English Text Signed By The State President)

(Assented To 23 June, 1993)

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-

ARRANGEMENT OF SECTIONS

1. Definitions
2. Establishment of Advisory Council for Occupational Health and Safety

There is hereby established an Advisory Council for Occupational Health and Safety.
3. Functions of Council
4. Constitution of Council
5. Period of office and remuneration of members of Council
6. Establishment of technical committees of Council
7. Health and safety policy
8. General duties of employers to their employees
9. General duties of employers and self-employed persons to persons other than their employees
10. General duties of manufacturers and others regarding articles and substances for use at work
11. Listed work
12. General duties of employers regarding listed work
13. Duty to inform

Without derogating from any specific duty imposed on an employer by this Act, every employer shall-
14. General duties of employees at work

Every employee shall at work-

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. [S. 15 substituted by s. 3 of Act No. 181 of 1993.]
16. Chief executive officer charged with certain duties
17. Health and safety representatives
18. Functions of health and safety representatives
19. Health and safety committees
20. Functions of health and safety committees
21. General prohibitions
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.
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. [S. 23 substituted by s. 6 of Act No. 181 of 1993.]
24. Report to inspector regarding certain incidents
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. [S. 25 substituted by s. 7 of Act No. 181 of
1993.]
26. Victimization forbidden
27. Designation and functions of chief inspector
28. Designation of inspectors by Minister
Edited. E&OE 2
29. Functions of inspectors
30. Special powers of inspectors
31. Investigations
32. Formal inquiries
33. Joint inquiries
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-
35. Appeal against decision of inspector
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-
37. Acts or omissions by employees or mandataries
38. Offences, penalties and special orders of court
39. Proof of certain facts
40. Exemptions
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 or after the commencement
of this Act or before or after the imposition of any such condition, as the case may be.
42. Delegation and assignment of functions
43. Regulations
44. Incorporation of health and safety standards in regulations
45. Serving of notices

Unless another method is prescribed, a notice under this Act shall be served-
46. Jurisdiction of magistrates' courts

Notwithstanding anything to the contrary contained in any law-

47. State bound

This Act shall bind the State.

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.
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.
50. Short title and commencement

1. Definitions
(1) In this Act, unless the context otherwise indicates-

"accident" means an accident arising out of and in the course of an employee's employment and resulting in a
personal injury, illness or the death of the employee;(xxiv)

"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 persons;

"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;

"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;

"chief inspector" means the officer designated under section 27 as chief inspector, and includes any officer
acting as chief inspector;

"Council" means the Advisory Council for Occupational Health and Safety established by section 2;

"danger" means anything which may cause injury or damage to persons or property;
Edited. E&OE 3
 "Department" means the Department of Manpower;

"employee" means, subject to the provisions of subsection (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 an employer or any other person;

"employer" means, subject to the provisions of subsection (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 I (1) of the Labour Relations Act, 1956 (Act No. 28 of 1956);

"employers' organization" means an employers' organization as defined in section 1 of the Labour Relations
Act, 1956 (Act No. 28 of 1956);

"employment" or "employed" means employment or employed as an employee;

"explosives" means any substance or article as listed in Class 1: Explosives in the South African Bureau of
Standards Code of Practice for the Identification and Classification of Dangerous Substances and Goods, SABS
0228;

"hazard" means a source of or exposure to danger;

"health and safety committee" means a committee established under section 19;

"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;

"health and safety representative" means a person designated in terms of section 17 (1);

"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;

"healthy" means free from illness or injury attributable to occupational causes;

"incident" means an incident as contemplated in section 24 (1);

"industrial court" means the industrial court referred to in section 17 of the Labour Relations Act, 1956 (Act No.
28 of 1956);

"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 of 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;

"inspector" means a person designated under section 28;

"listed work" means any work declared to be listed work under section II;

"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 purposes of this Act;

"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, confining, transforming,
transmitting, transferring or controlling any form of energy;

"major hazard installation" means an installation-

Edited. E&OE 4
 (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;

"major incident" means an occurrence of catastrophic proportions, resulting from the use of plant or machinery,
or from activities at a workplace;

"mandatary" includes an agent, a contractor or a subcontractor for work, but without derogating from his status
in his own right as an employer or a user;

"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;

"Minister" means the Minister of Manpower;

"occupational health" includes occupational hygiene, occupational medicine and biological monitoring;

"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);

"occupational hygiene" means the anticipation, recognition, evaluation and control of conditions arising in or
from the workplace, which may cause illness or adverse health effects to persons;

"occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse health
effects associated with a particular type of work;

"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 qualification or equivalent is recognized as such by the
South African Medical and Dental Council referred to in the said Act;

"office" means an office as defined in section 1 (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3
of 1983);

"officer" means an officer or employee as defined in section 1 (1) of the Public Service Act, 1984 (Act No. 111 of
1984);

"organism" means any biological entity which is capable of causing illness to persons;

"plant" includes fixtures, fittings, implements, equipment, tools and appliances, and anything which is used for
any purpose in connection with such plant;

"premises" includes any building, vehicle, vessel, train or aircraft; "prescribed" means prescribed by regulation;

"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;

"reasonably 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 therefrom;

"regulation" means a regulation made under section 43;

"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;

"risk" means the probability that injury or damage will occur;

"safe" means free from any hazard;

"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;

Edited. E&OE 5
 "shop" means a shop as defined in section I (1) of the Basic Conditions of Employment Act, 1983 (Act No. 3 of
1983);

"standard" means any provision occurring-

(a) in a specification, compulsory specification, code of practice or standard method as defined in

section I of the Standards Act, 1993 (Act No. 29 of 1993); 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;

"substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof;

"this Act" includes any regulation;

"trade union" means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of
1956);

"user", in relation to plant or machinery, means the 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;

"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;

"workplace" means any premises or place where a person performs work in the course of his employment.

(2) 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 provision 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.

(3) 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, (Date of commencement
of para. (b) to be proclaimed.) or in respect of any person present on or in any such mine, mining
area, works, ship, boat or crane.

2. Establishment of Advisory Council for Occupational Health and Safety

There is hereby established an Advisory Council for Occupational Health and Safety.

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

Edited. E&OE 6
 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.

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 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; 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;

(f) [Substituted by s. 2 of Act No. 181 of 1993]

(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; [Para. (g) substituted by s. 2 of Act No. 181 of
1993.]

(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 occupational 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 subsection (1) (b) up to and including (j) shall be appointed by the Minister.

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), (h), (i) or (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.

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.

7. Health and safety policy

(1) The chief inspector may direct-

Edited. E&OE 7
 (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 arrangements for carrying out and reviewing that policy.

(2) Any direction under subsection (1) shall be accompanied by guidelines concerning the contents of the policy
concerned.

(3) An employer shall prominently display a copy of the policy referred to in subsection (1), signed by the chief
executive officer, in the workplace where his employees normally report for service.

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 of his employees.

(2) Without derogating from the generality of an employer's duties under subsection (1), the matters to which those
duties refer include in particular-

(a) the 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 or health 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 or safety of 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 or 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 tire 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).

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

(1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is 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 reasonably
practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to
hazards to their health or safety.

10. General duties of manufacturers and others regarding articles and substances for use at work

(1) Any person who designs, manufactures, 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

Edited. E&OE 8
 creates a risk to health when properly used.

(3) Any person who manufactures, 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 risks 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 procedures 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.

11. Listed work

(1) The Minister may, subject to the provisions of subsections (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 not less than three months shall elapse between the publication of the draft notice and the notice
under subsection (1).

(3) The provisions of subsection (2) shall not apply-

(a) if the Minister in pursuance of comments and representations received in terms of subsection (2)
(a), decides to publish the notice referred to in subsection (1) in an amended form; and

(b) to any declaration in terms of subsection (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 subsection (1) may at any time be amended or withdrawn by like notice.

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 risks 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 subsection (1) shall keep the health and safety representatives designated for
their workplaces or sections of the workplaces, informed of the actions taken under subsection (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.

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
Edited. E&OE 9
 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.

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 or
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 to 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 or 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
practicable thereafter.

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. [S. 15 substituted by s. 3 of Act No. 181 of 1993.]

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 subsection (1), a chief executive officer may
assign any duty contemplated in the said subsection, 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 subsection (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 subsection (1), the head of department of any department of State shall be deemed to be the
chief executive officer of that department.

17. Health and safety representatives

(1) Subject to the provisions of subsection (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 subsection (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 arbitrator, 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.
[Sub-s. (2) substituted by s. 4 of Act No. 181 of 1993.]

(3) Arbitration in terms of subsection (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 subsection 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. [Sub-s. (3) substituted by s. 4 of Act No. 181 of 1993.]

(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.

Edited. E&OE 10
 (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 or section with 20 or fewer employees, is 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 subsection (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 any time 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.

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 inspection 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 or safety audit. [Sub-s. (2) substituted by s. 5 of Act No. 181 of
1993.]

(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 only that he failed to do
anything which he may do or is required to do in terms of this Act.

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 subsection (4), consult with the committee with a view to initiating, developing, promoting,
Edited. E&OE 11
 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.

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 or 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, and 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 an employer in terms of
subsection (1) (a) and of any report made to an inspector in terms of subsection (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 subsections (1) and (2).

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 an 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

Edited. E&OE 12
 (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 an 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 subsection (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 subsection (1) in an amended form.

(3) A notice under subsection (1) may at any time be amended or withdrawn by like notice.

(4) A notice shall not be issued under subsection (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.

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.

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. [S. 23 substituted by s. 6 of Act No. 181 of 1993.]

24. Report to inspector regarding 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 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 therefrom: 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 subsections (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; or

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

Edited. E&OE 13
 (4) A member of the South African Police to whom an incident was reported in terms of subsection (3) (b), shall
forthwith notify an inspector thereof.

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. [S. 25 substituted by s. 7 of Act No. 181 of
1993.]

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 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 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 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. [Sub-s. (2) added by s. 8 of Act No. 181 of 1993.]

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
any 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
(6) and Occupational Safety Act, 1983 (Act No. 6 of 1983), shall be deemed to have been designated as chief
inspector under subsection (1) of this section.

28. Designation of inspectors by Minister

(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 of the functions assigned to an inspector by this Act.

(2) Each inspector designated under subsection (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 subsection (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 subsection (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 subsection (1) of this section.

29. Functions of inspectors

(1) An inspector may, for the purposes 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,

Edited. E&OE 14
 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 therefrom;

(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 any 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 purposes 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 subsection (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 subsection (1) (f) or (g), he shall issue a receipt to the owner or person in control thereof.

30. Special powers of inspectors

(1) (a) Whenever an employer performs an act or 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 requiring 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 of 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 threat which gave rise
to the imposition of the prohibition.

(2) In order to enforce a prohibition imposed under subsection (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 a 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

Edited. E&OE 15
 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 subsection (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.

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 subsection (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 subsection (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 subsection (2).

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 purposes of an inquiry referred to in subsection (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 subparagraph (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.

Edited. E&OE 16
 (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 witness 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 subsection (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 subsection 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 given 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 inquiry has already commenced.

(12) Upon receipt of a report referred to in subsection (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).

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 of 1959), may be held
jointly.

(2) At such a joint inquiry and inquest the judicial officer shall preside 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.

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 by 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 or persuade any person who has been
directed, subpoenaed, requested or ordered to do something by the presiding inspector, not to
comply with such direction, subpoena, request 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.

Edited. E&OE 17
35. Appeal against decision of inspector

(1) Any person aggrieved by any 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 reasons 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 subsection (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 subsection (1) or in the exercise of any
power under this Act, may appeal against such decision to the industrial court, and the industrial 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 industrial court
ought to have taken.

(4) Any person, who wishes to appeal in terms of subsection (3), shall within 60 days after the chief inspector's
decision was given, lodge such appeal with the registrar of the industrial court in accordance with the rules of the
industrial court.

(5) An appeal under subsection (1) or (3) in connection with a prohibition imposed under section 30 (1) (a) or (b)
shall not suspend the operation of such prohibition.

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.

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 hereof; 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 subsection (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 subsection (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.

38. Offences, penalties and special orders of court

Edited. E&OE 18
 (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 seetion 40 (1);

(d) in any record, application, statement or other document referred to in this Act wilfully 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; 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;

(f) deleted

(g) refuses or fails to answer to the best of his ability any question which an inspector in the
performance of his functions has put to him;

(h) wilfully 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) prejudices, influences 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) wilfully 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 R50000 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 be liable to a fine not exceeding R100 000 or to imprisonment for a period not exceeding two years or
to both such fine and such 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.

Edited. E&OE 19
 (4) Whenever an employer is convicted of an offence consisting of a contravention of a provision of section 23, the
court convicting him shall inquire into and determine the amount which contrary to the said provision was
deducted from the remuneration of the employee concerned or recovered from him and shall then act with
respect to the said amount mutatis mutandis in accordance with sections 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.

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, wilfully 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 any 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.

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 to 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 subsection (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 subsection (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-

Edited. E&OE 20
 (i) to an organization of employers or an organization of users in accordance with the
requirements of either paragraph (a) or 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 subsection (3) (a) and a notice contemplated in subsection (3) (b)
may at any time be amended or withdrawn by the Minister.

(5) An exemption under subsection (1) shall lapse-

(a) upon termination of the period for which it was granted;

(b) upon withdrawal of the relevant certificate or notice under subsection (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 subsection (1) of this section, which exemption has at the
commencement of this Act not lapsed as contemplated in subsection (5) of the said section 32, shall be deemed
to have been granted under this 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 or after the
commencement of this Act or before or after the imposition of any such condition, as the case may be.

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 subsection (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 subsection (3) shall not prevent the performance of the relevant function by the Minister,
the chief inspector or an inspector, as the case may be.

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 persons in connection with the use of plant or
machinery, or 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,
Edited. E&OE 21
 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 manufacture 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 effective 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.

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, by 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 sufficiently 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 subsection (1) shall for the purposes 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
Edited. E&OE 22
 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 subsection (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 that register or an extract therefrom 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.

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 known place of residence or business of such a person;
or

(c) by sending such a copy by registered post to the usual or last known place of residence or business
of such a person.

46. Jurisdiction of magistrates' courts

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.

47. State bound

This Act shall bind the State.

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.

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.

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.

Edited. E&OE 23
 2. General Administrative Regulations

GOVERNMENT NOTICE
DEPARTMENT OF LABOUR

NO. R. 929 25 June 2003

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 (ACT NO. 85 OF 1993)

General Administrative Regulations, 2003

The Minister of Labour has, under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), after
consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule.

SCHEDULE

Definitions

1. In these Regulations, any word or expression to which a meaning has been assigned in the Act shall have the meaning so
assigned and, unless the context otherwise indicates―-

“bargaining council” means the bargaining council established by section 27 of the Labour Relations Act;

“CCMA” means the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Labour Relations
Act;

“Compensation Commissioner” means the Compensation Commissioner appointed under section 2 of the Compensation for
Occupational Injuries and Diseases Act, 1993;

“Compensation for Occupational Injuries and Diseases Act” means the Compensation for Occupational Injuries and
Diseases Act, 1993 (Act No. 130 of 1993);

“Labour Court” means the Labour Court established by section 151 of the Labour Relations Act;

“Labour Relations Act” means the Labour Relations Act, 1995 (Act No. 66 of 1995);

“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, P. O.
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, and

“provincial executive manager” has a corresponding meaning;

“registered trade union for a workplace” means a trade union registered in terms of the Labour Relations Act, with
members in that workplace;

Edited. E&OE 24
“the Act” means the Occupational Health and Safety Act, 1993(Act No. 85 of 1993); and

“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.

2. Access to premises

(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.

3. Exemption - A certificate of exemption issued in terms of section 40 of the Act shall be signed by the chief inspector.

4. Copy of the Act - 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.

5. Health and safety committee - 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.

6. Negotiations and consultations before designation of health and safety representatives

(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.

7. Designation of health and safety representatives - An employer shall ensure that the designation of health and safety
representatives is in accordance with the agreement contemplated in regulation 6.

8. Reporting of incidents and occupational diseases

(1) An employer or user, as the case may be, shall —

Edited. E&OE 25
 (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 is 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.

9. Recording and investigation of incidents

(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 s

hall 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.

10. Witness at inquiry

(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.

Edited. E&OE 26
(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.

11. Returns - 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.

12. Offences and penalties - 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.

13. Repeal of regulations - 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.

ANNEXURE 1

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

(ACT NO 85 OF 1993)

REGULATION 9 OF THE GENERAL ADMINISTRATIVE REGULATIONS

RECORDING AND INVESTIGATION OF INCIDENTS

A. RECORDING OF INCIDENT

1. Name of employer ……………………….....................................................................…………………………………….

2. Name of affected person.……………………………………………………….................…………

3. Identity number of affected person….…………………………….………………………………….

4. Date of incident .......................................5. Time of incident…………………............………….

6. Part of body affected Head or Eye Trunk Finger Hand

Neck
Arm Foot Leg Internal Multiple

7. Effect on person Sprains or Contusion or Fractures Burns Amputation

strains wounds
Electric Asphyxiation Unconsciousn Poisoning Occupational
shock ess Disease

8. Expected period of 0-13 days 2-4 >4-16 >16-52 >52 weeks or Killed
disablement weeks weeks weeks permanent
disablement

9. Description of occupational disease………………………………………………………………….

10. Machine/process involved/type of work performed/exposure** ..………………………..………

11. Was the incident reported to the Compensation Commissioner and Provincial Director?
Yes No

12. Was the incident reported to the police?*

Yes No
Edited. E&OE 27
13. SAPS office and reference …………………………………………………………………….……

*
to be completed in case of a fatal incident.
** in case of a hazardous chemical substance, indicate substance exposed to

B. INVESTIGATION OF THE ABOVE INCIDENT BY A PERSON DESIGNATED THERETO

1. Name of investigator .........................................…………………………........……………………

2. Date of investigation ........….……………………........………………………………………………

3. Designation of Investigator ….………………………………………………………………………..

4. Short description of incident

………………………………………………..…………………………………………………………….………………………………………………………………………………………………
………………………………………………………………………………………………………………………………..

5. Suspected cause of incident

…………………......................................…………………………………………….....................................................................................
........................................................................................................…………………………………………….......………………………………
……………………….

6. Recommended steps to prevent a recurrence

………….....................................……………………………………………........................……………………………………………………………………………
......................................................................................................…………………………...……………………................................
.................…………………………………………………………….

…………………………………… …………………………….
Signature of Investigator Date

C. ACTION TAKEN BY EMPLOYER TO PREVENT THE RECURRENCE OF A SIMILAR INCIDENT

..............................……………..................................................................................................……………………………………………
.........……………………………………………….
...................................................................................................................................……..………

…………………………….. ………………...............
Signature of employer Date

D. REMARKS BY HEALTH AND SAFETY COMMITTEE

Remarks
.................................................................................................................................................................................
................................................................................................................................…………………………………………………………
…………………………...………..………………

…………………………………………………………………. ………………………
Signature of Chairperson of Health and Safety Committee Date

ANNEXURE 2

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

(ACT NO 85 OF 1993)

REGULATION 10 OF THE GENERAL ADMINISTRATIVE REGULATIONS

SUBPOENA TO ATTEND INQUIRY

To ...................................................................................
......................................................................................... (Name and address of witness)
........................................................................................

In terms of section 32(2) of the Occupational Health and Safety Act, 1993, you are hereby subpoenaed to appear before me in
person at ......................................................................................................................... (Address)
on ........................................................ (date) at the hour of ......................... (time) to give evidence regarding
...........................................................................................................................................
and to bring with you, and there and then produce to me, those books, writing or things, and persons specified hereunder:

Edited. E&OE 28
1...........................................................................................................................................
2........................................................................................................................................
3...........................................................................................................................................

…………………………………….. Office Stamp

Signature of Inspector

Warning!! Failure to obey this subpoena renders you liable to prosecution.

FOR OFFICIAL PURPOSES ONLY

I, the undersigned, certify that I have served this subpoena upon the named person by-

*
(a) delivering a true copy to him or her PERSONALLY; or
*
(b) delivering, as he or she could not be found, a true copy
to…………………………………………………………………………………………………………………………………………………………………………
a person apparently over the age of 16 years and apparently residing or employed at the witness’s place of
*
RESIDENCE/EMPLOYMENT/BUSINESS;

at …………………………(time) …………….(day)………………..(month) 200…….

Place ……………………………………. Signature of empowered officer…………………..

Full names……………………………………..

Signature of recipient………………………………….………………………

Full names…………………………….. Capacity/relationship to the witness………………………………………

3. General Safety Regulations, 1986

GNR: 1031 of 30 May 1986

The Minister of Manpower has, in terms of section 35 of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) made
the regulations contained in the Schedule hereto.

SCHEDULE

1. Definitions

In these regulations “the Act” means the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983), and any expression to
which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context indicates otherwise
–

“Boatswain’s chair” means a suspended platform seat intended for supporting one person in an elevated position;

“building work” means building work as defined in the General Administrative Regulations published underGovernment
Notice R206 of 5 October 1984;

“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;

“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;

“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;

“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;

“putlog scaffold” means a scaffold supported by a single row of standards and the structure in connection with which it is
being used;

“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.

Edited. E&OE 29
“scaffold” means any temporary elevated platform and supporting structure used for supporting workmen or materials or
both;

“suspended scaffold” means a working platform suspended from supports by means of one or more separate suspensions
from each support;

“trestle scaffold” means a working platform supported on trestles, stepladders, tripods and the like.

2. Personal safety equipment and facilities

(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
contemplated 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.

2A. Intoxication

(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.

2B. Display of substituted notices and signs

Edited. E&OE 30
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.

2C. Admittance of persons

(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.

3. emergency equipment and procedures

(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.

4. Use and storage of flammable liquids

(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.

Edited. E&OE 31
(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 –

Edited. E&OE 32
 (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.

5. Work in confined spaces

(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.
Edited. E&OE 33
(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.

6. Work in elevated positions

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.

7. Working in danger of engulfment

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.

8. Stacking of articles

(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
Edited. E&OE 34
 (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.

9. Welding, flame cutting, soldering and similar operations

(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.

10. Operating trains

(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

Edited. E&OE 35
 (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 tramway-trucks 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.

11. Supervision of building work

(1) Every employer who performs building work shall charge a full-time employee, designated in writing by the employer, with
the duty of supervising the performance of such building work: Provided that if such employer himself has the experience
contemplated in subregulation (2) and supervises the work himself, such charging and designation need not be done.

(2) An employee contemplated in subregulation (1) shall be a person who has had at least two years, experience in the type of
building work for which he is to be designated.

(3)(a) An employer may designate one or more subordinate employees to assist the designated employee referred to in
subregulation (l), and every such subordinate employee shall, to an extent which shall be clearly defined by the
employer in his letter of designation, have the same duties as the first designated employee: Provided that the
designation of any such subordinate employee shall not relieve the designated employee referred to in subregulation (1)
of any personal accountability for failing in his supervisory duties contemplated in terms of this regulation.

(b) Where an employer has not designated any subordinate employee as contemplated in paragraph (a), or, in the opinion
of an inspector, not a sufficient number of such subordinate employees, an inspector may require the employer to
designate the number of subordinate employees indicated by him and the provisions of paragraph (a) shall apply in
respect of such subordinate employees as if they were in the first instance designated under that paragraph.

12. Roof work

Every employer shall provide, and cause to be used, suitable roof ladders or duck-boards or crawling-boards for persons
required to work on any roof that has an unsafe pitch or surface, or that is covered or is to be covered with material through
which a person could fall: Provided that suitable safety belts attached to the structure or any similar effective equipment may
be used in place of roof-ladders, duck-boards or crawling boards on pitched roofs covered with non-fragile material.

13. Demolition and excavation

Every employer who performs building work shall, with respect to any such work in connection with the demolition of a
structure or the making of an excavation –

(a) with regard to a structure being demolished, take steps to ensure that –

(i) no floor, roof or other part of the structure is so overloaded with debris or material as to render it unsafe;

(ii) all 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 such other means as may be necessary to prevent the
accidental collapse of any part of the structure or of any adjoining structure;

(b) not require or permit any person to, and no person shall, work under unsupported overhanging material or in an
excavation which is more than 1.5 m deep and which has not been adequately shored or braced if there is a danger
of the overhanging material or the sides of the excavation collapsing:

(c) take steps to 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 or the sides of the excavation in question;

(d) where the stability of an adjoining building, structure or road is likely to be affected by demolition work on a building
or the making of an excavation, take such steps as may be necessary to ensure the stability of such building,
structure or road and the safety of persons;
Edited. E&OE 36
 (e) ascertain as far as is practicable the location and nature of electricity, water, gas or other similar services which may
in some way be affected by the work to be performed, and shall before the commencement of such work that may in
this way affect any such service, take such steps as may be necessary under the circumstances to render all persons
involved safe;

(f) cause convenient and safe means of access to be provided to every excavation in which persons are required to work
and which is more than 1.5 m deep: Provided that, in the case of an excavation which is more than 50 m in length, a
safe means of access shall be provided at intervals of not more than 50 m;

(g) cause every excavation which is more than 1.5 m deep, including all bracing and shoring, to be inspected by a
person who is competent to pronounce on the safety thereof, at least once before every shift and before the
commencement of work after rain, to ensure the safety of persons; and

(h) 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 at least one metre high and as close to the excavation as is practicable;
and

(ii) provided with red warning lights or any other clearly visible boundary indicators at night or when visibility
conditions are poor.

13A. Ladders

(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.
Edited. E&OE 37
13B. Ramps

(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.

13C. Boatswain's Chairs

An employer shall ensure that every boatswain's chair or similar device is securely suspended and is so constructed as to
prevent any occupant from falling therefrom.

13D. Scaffold framework

(1) An employer shall ensure that -

(a) Scaffold standards are properly propped against displacement and are secured vertically on firm foundations:
Provided that putlog scaffolds shall incline slightly towards the structure;

(b)(i) steel scaffold standards with 'heavy', 'medium', 'light', or 'very light', platform loadings which shall not exceed
320, 240, 160 and 80 kg/m2 respectively, are spaced not more than 1.8 m, 2 m, 2.5 m and 3 m apart,
respectively; and

(ii) wooden scaffold standards are spaced not more than 3 m apart;

(c) ladders are spaced vertically not more than 2.1 m apart;

(d) putlogs or transoms –

(i) which do not support a platform, are spaced at the same distances as the distances prescribed in paragraph (b) in
respect of scaffold standards.

(ii) which support a platform, are spaced not more than 1.25 m apart if the platform is constructed of solid timber
boards; and

(e) every part of a wooden scaffold frame has a diameter of at least 75 mm or a section of similar strength.

(2) No employer shall use a scaffold, or permit it to be used unless it –

(a) is securely and effectively braced to ensure stability in all directions;

(b) is secured at suitable vertical and horizontal distances to the structure to which work is being done, unless it is
designed to be completely free-standing;

(c) is so constructed that it has a throughout factor of safety of at least two; and

(d) is inspected at least once a week and every time after bad weather by a person who has adequate experience in the
erection and maintenance of scaffolds, and all findings are recorded in a register or report book.

(3) No employer shall require or permit that –

(a) a scaffold with a supporting wooden framework exceeds a height of 10 m; and

(b) a scaffold is erected, altered or dismantled by or under the supervision of a person other than a person who has had
the necessary training and experience of such work and who has been appointed by the employer in writing for this
purpose.
Edited. E&OE 38
13E. Scaffold platforms

(1) An employer shall ensure that –

(a) every plank of a solid wooden scaffold platform is at least 275 mm wide and 38 mm thick;

(b) every plank which forms part of a scaffold platform is supported at distances not exceeding 1.25 m, and its ends are
projected not less than 70 mm and not more than 200 mm beyond the last prop;

(c) every plank of a scaffold platform is firmly secured to prevent its displacement; and

(d) every platform is so constructed as to prevent materials and tools from falling through.

(2) An employer shall ensure that every scaffold platform-

(a) with 'heavy' 'medium', 'light' or 'very light' platform loadings as referred to in regulation 13D (1) (b) (i) is not less
than 1 125 mm and not more than 1 380 mm, not less than 1 125 mm and not more than 1 150 mm, not less than
900 mm and not more than 1 150 mm, and not less than 675 mm and not more than 1 150 mm, respectively, wide:
Provided that where a platform is used only as a gangway, a platform width of 450 mm shall be sufficient;

(b) which is more than 2 m above the ground is on all sides, except the side facing the structure, provided with-

(i) substantial guard rails of at least 900 mm and not exceeding 1 000 mm in height; and

(ii) toe-boards which are at least 150 mm high from the level of the scaffold platform and so affixed that no open
space exists between the toe-boards and the scaffold platform: Provided that if the toe-boards are constructed of
timber, they shall be at least 25 mm thick;

(c) is not more than 75 mm from the structure: Provided that where workmen must sit to work, this distance may be in
creased to not more than 300 mm; and

(d) is kept free of waste, projecting nails or any other obstructions, and is kept in a non-slip state.

(3) No employer shall require or permit that a working platform which is higher than 600 mm be supported on a scaffold
platform, and shall provide an additional guard rail of at least 900 mm and not exceeding 1000 mm in height above every
such working platform.

(4) An employer shall ensure that convenient and safe access is provided to every scaffold platform, and where the access is a
ladder, the ladder shall project at least 900 mm beyond the top of the platform.

13F. Suspended scaffolds

(1) An employer shall ensure that the outriggers of each suspended scaffold –

(a) are constructed of steel or any other material of similar strength and have a factor of safety of at least four with
respect to the load it is to carry;

(b) have an overhang of not more than 1.8 m beyond the edge of the structure and are of such length that the
counteracting length can be anchored securely:

(c) are, otherwise than by means of weights at the inner-ends, properly propped, suitably spaced and firmly anchored:
Provided that an inspector may grant permission that outriggers may be anchored by means of weights; and

(d) are provided with stop or other effective devices at the outer-ends to prevent the displacement of ropes.

(2) An employer shall ensure that the working platform of every suspended scaffold is suspended by:

(a) pulley-blocks, sheaves, winches or hoists of the correct size for the ropes being used;

(b) at least two independent steel wire ropes in the case of a working platform which is not wider than 912 mm, and at
least four independent steel wire ropes in the case of a working platform which is 912 mm and wider; and

(c) steel wire ropes of which the factor of safety is at least ten with respect to the maximum load which each rope is to
carry.

(3) An employer shall ensure that –

(a) the hand or power-driven machinery used for the lifting or lowering of the working platform of a suspended scaffold
is so constructed and maintained that an uncontrolled movement of the working platform cannot occur;

(b) the machinery referred to in paragraph (a) is so situated that it is easily accessible for inspection;

(c) the rope connections to the outriggers are vertically above the connections to the working platform; and

(d) in the case of a working platform suspended by two ropes only, the connections of the ropes to the working platform
are of such height above the level of the working platform as to ensure the stability of the working platform.
Edited. E&OE 39
(4) An employer shall ensure that the working platform of every suspended scaffold –

(a) is at least 456 mm and not exceeding 1.8 m in width;

(b) is suspended as near as possible to the structure to which work is being done and, except when light work is being
done, is secured at every working position to prevent horizontal movement between the working platform and the
structure;

(c) is on all sides, except the side facing the structure, provided with substantial guard rails of at least 900 mm and not
exceeding 1000 mm in height above the level of the working platform: Provided that in the case of a working
platform suspended by two ropes only, the guard rails shall be on all sides; and

(d) is on an sides provided with toe-boards which are at least 150 mm high from the level of the working platform and
so affixed that no open space exists between the toe-boards and the working platform: Provided that if the toe-
boards are constructed of timber, they shall be at least 25 mm thick.

13G. Trestle scaffolds

(1) No employer shall use a trestle scaffold, or permit it to be used, unless –

(a) it is soundly constructed of solid material, and

(b) all reasonable precautionary measures have been taken to prevent the unexpected spreading of its supporting legs
when it is in use.

(2) No employer shall use a trestle scaffold or permit it to be used, if it –

(a) is higher than 3 m; or

(b) consists of more than two tiers.

14. Offences and penalties

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.

15. Withdrawal of Regulations

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.

16. Short title

These regulations shall be called the General Safety Regulations.

Annexure
Government Notice R.2245 of 7 August 1992

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
Edited. E&OE 40
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

Incorporation of Safety Standards

General Notice R.283 of 28 March 1988

Under the powers vested in me by section 36(1) of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983), I, Eli van
der Merwe Louw, Minister of Manpower, hereby incorporate into the General Safety Regulations, 1986, as amended, the safety
standards specified in the Schedule hereto.

E van der M. Louw

Minister of Manpower

SCHEDULE

1. Regulation 9(1)(e)

British Standard specifications BS 6158 entitled “Specification for Safety Devices for Fuel Gases and Oxygen or Compressed Air
for Welding, Cutting and Related Processes”.
DIN Standard specifications DIN 8521 entitled “Safety Devices against Flashback Backflow in Welding, Cutting and Allied
Processes - Safety Requirements, Testing”.
International Standards Organisation specification ISO 5175 entitled “Equipment Used in Gas Welding, Cutting and Allied
Processes - Safety Devices of Fuel Gases and Oxygen or Compressed Air- General Specifications, Requirements and Tests”.

2. Regulation 13B

The South African Bureau of Standards Code of Practice SABS 085 entitled “The Design, Erection, Use and Inspection of Access
Scaffolding”.

3. Regulation 13C

The South African Bureau of Standards Code of Practice SABS 087 entitled “Handling, Storage and Distribution of Liquefied
Petroleum Gas in Domestic, Commercial and Industrial Installations”.
Part I: “Consumer Liquefied Petroleum Gas Cylinder Installations”.
Part II: “Installations in Mobile Units and Small Non-Permanent Buildings”.
Part III: “Bulk Liquefied Petroleum Gas Storage and Allied Facilities at Consumer's Premises”.
Part IV: “Transportation of Liquefied Petroleum Gas in Bulk by Road”.
Part V: “Liquefied Petroleum Gas as Engine Fuel”.
Part VII: “Retail outlet and similar Liquefied Petroleum Gas Filling Sites for Small Containers”.
Part VIII: “The Fuelling of Fork Lift Trucks and Other Liquefied Petroleum Gas Operated Vehicles”.

Withdrawal of Government Notice No. R. 1847 and incorporation of Health and Safety Standard: General Safety
Regulations

Government Notice No. R.736 of 1 September 2001

Under section 44 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993). I, Membathisi Mphumzi Shepherd
Mdladlana, Minister of Labour, after consultation with the Advisory Council for Occupational Health and Safety, hereby-

(1) Withdraw Government Notice No. R. 1847 as published on 16 September 1988;

(2) Incorporate the South African Bureau of Standard’s code of Practice SABS 0338:1999 entitled "Homologation of
Respiratory Equipment" into the General Safety Regulation as amended by Government Notice No. R. 2245 of 7 August
1992; and

(3) Require that as from 1 September 2001 all respiratory protective equipment shall be submitted to the South African
Bureau of Standards, Pretoria, for homologation.

GOVERNMENT NOTICE

DEPARTMENT OF LABOUR
No. R. .................. .................. 2003

Edited. E&OE 41
 4. Environmental Regulations for Workplaces
DEPARTMENT OF LABOUR

Government Notice. R: 2281 16 October 1987

Environmental Regulations for Workplaces, 1987

The Minister of Manpower has, in terms of section 35 of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) made
the regulations contained in the Schedule hereto.

SCHEDULE

1. Definitions

In these regulations “the Act” means the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983), and any expression to
which a meaning has been assigned in the Act shall have the meaning so assigned and, unless the context indicates otherwise
-
“acclimatised” means physiologically adapted to a particular thermal environment and work rate;

“attenuation” means the proven capability of hearing protectors to reduce the equivalent noise level to which the wearer
thereof is exposed;

“building work” means work defined as such in regulation 1 of the General Administrative Regulations promulgated in terms
of section 35 of the Act and published under Government Notice R. 2206 of 5 October 1984;

“dB (A)” means a unit of measurement of sound pressure level as contemplated in SABS 083;

“directional luminaire” means a luminaire from which the light radiation is confined to a well-defined narrow beam;

“equivalent noise level” … replaced by “equivalent sound pressure level”; [substituted by G.N.R.489 of 18 March 1994]

“equivalent sound pressure level” is the value of the equivalent continuous sound level which would deliver the same
amount of sound energy as the actual fluctuating sound, measured over the same time period, and

“equivalent noise level” has a corresponding meaning;

[inserted by G.N.R489 of 18 March 1994]

“exposed” means exposed whilst at work, and “exposure” has a corresponding meaning;
[added by G.N.R489 of 18 March 1994]

“exposure limit” means a value as defined in the Asbestos Regulations, 1987, promulgated in terms of section 35 of the Act
and published under Government Notice R 773 of 10 April 1987;

“hearing protectors” means ear muffs or ear plugs of a type approved by the chief inspector and in respect of which an
efficiency test as prescribed by SABS 572 has been conducted by the South African Bureau of Standards or an approved
inspection authority;

“heat stroke” means a pathological condition arising form thermoregulatory failure of the human body;

“illuminance” means the intensity of light falling on a surface, measured in lux;

“luminaire” means a light fitting which supports a lamp and provides it with electrical connections;

“noise zone” means an area where the equivalent noise level is equal to or exceeds 85 dB (A) when measured in accordance
with SABS 083;

“regional director” means the regional director as defined in regulation 1 of the General Administrative Regulations published
under Government Notice No. R.2206 of 5 October 1984 and amended by Government Notice No R.2131 of 1990;
[inserted by G.N.R.489 of 18 March 1994]

“respiratory protective equipment” means a device as defined in the Asbestos Regulations, 1987, promulgated in terms of
section 35 of the Act and published under Government Notice R. 773 of 10 April 1987;

“SABS 083” means the South African Bureau of Standards’ Code of Practice for the Measurement and Assessment of
Occupational Noise for Hearing Conservation Purposes, SABS 083;

“SABS 1451: Part I” South Africa Standard. Standard Specification for Hearing Protectors, Part I: Ear muffs;
[inserted by G.N.R.489 or 18 March 1994]

“SABS 1451: Part II” South African Standard. Standard Specification for Hearing Protectors, Part II: Ear plugs;
[inserted by G.N.R.489 of 18 March 1994]
“SABS 572” … deleted
[deleted by G.N.R.489 of 18 March 1994]

Edited. E&OE 42
“time-weighted average” means the average of a number of representative measurements that are taken over a period of
time and that are calculated as follows:
Time-Weighted average = x1t1 + x2t2 + x3t3 + …. + xn.tn
t1, + t2 + t3 + …. + tn
where x1, x2, etc., are the observed measurements during the corresponding periods t1, t2, etc., minutes, and t1, + t2 + t3 +
…. + tn is the total time in minutes over which the measurements are taken;

“WBGT index” means a number which characterises the thermal conditions in the environment to which that number applies;
it is calculated by adding seven tenths of the reading in degrees Celsius obtained with a naturally ventilated wet-bulb
thermometer to one fifth of the reading in degrees Celsius obtained with a globe thermometer and adding that sum to one
tenth of the reading in degrees Celsius obtained with a dry-bulb thermometer; the index may also be obtained by using an
electronically integrating direct-reading instrument which has been designed, built and calibrated for that particular purpose;

“working plane”, means a horizontal plane at the level where work is performed.

2. Thermal requirements

(1) Subject to the provisions of subregulation (2), no employer shall require or permit an employee to work in an environment
in which the time-weighted average dry-bulb temperature taken over a period of four hours is less than 6°C, unless the
employer takes reasonable measures to protect such employee against the cold and further takes all precautions
necessary for the safety of such employee: Provided that, where outdoor work is performed, the employer shall take such
measures and such precautions in an environment in which the actual dry-bulb temperature is less than 6°C at any time.

(2) No employer shall require or permit an employee to work in a refrigerated environment in which the actual dry-bulb
temperature is below 0°C unless –

(a) the maximum exposure of the employee does not exceed the periods as indicated in the following table :

Temperature °C Maximum exposure

0° to -18° No limit.
Lower than -18° but not Maximum continuous exposure during each hour = 50 minutes. After every
lower than -34° degrees exposure in a low-temperature area at least 10 minutes must be spent, under
supervisions, in a comfortably warm environment.
Lower than -34° but not Two periods of 30 minutes each, at least 4 hours apart. Total low-
lower lower than -57° temperature exposure: 1 hour per day.
Lower than -57° Maximum permissible exposure = 5 minutes during any 8-hour period.

(b) the employee is provided with the following protective clothing:

(i) A nylon freezer suit or equivalent and, where the said temperature is below -34°C, such suit or equivalent
shall be of double layer;

(ii) a woolen Balaclava or equivalent;

(iii) fur-lined leather gloves or equivalent;

(iv) waterproof outer gloves with knitted woolen or equivalent inners as well as a waterproof apron where wet or
thawing substances are handled;

(v) woolen socks; and

(vi) waterproof industrial boots or equivalent;

Provided that an employee who works in a low-temperature area in which the temperature is not lower than - 18°C for periods
not exceeding five minutes in every hour need only be provided with an ordinary overall, gloves shoes, or equivalent;

(c) the employee is, beforehand and thereafter, at intervals not exceeding one year, certified fit to work in such
environment by a registered medical practitioner or a registered nurse according to a protocol prescribed by such
practitioner, and such employee is issued with a certificate to that effect; and

(d) all the clothing worn by the employee is dry prior to entering the low-temperature area.

(3) Where hand-held tools which vibrate at a frequency of vibration of less than 1 000 Hz are used at an actual dry-bulb
temperature below 6°C, the employer shall provide an employee operating such tools with lined gloves, and ensure that
he wears them.

(4) Where the time-weighted average WBGT index, determined over a period of one hour, exceeds 30 in the environment in
which an employee works, the employer of such employee shall -

(a) if practicable, take steps to reduce the said index to below 30; or

(b) where it is not practicable to reduce the said index to below 30 and where hard manual labour is performed-

Edited. E&OE 43
 (i) have every such employee beforehand and thereafter, at intervals not exceeding one year, certified fit to work in
such environment by a registered medical practitioner or a registered nurse according to a protocol prescribed by
such practitioner, and every such employee shall, if found fit to work in such environment, be issued with a
certificate to that effect by such practitioner or nurse;

(ii) ensure that every such employee is acclimatised to such working environment before he is required or permitted
to work in such environment;

(iii) inform every such employee of the need to partake of at least 600 millilitres of water every hour;

(iv) train every such employee in the precautions to be taken to avoid heatstroke; and

(v) provide the means whereby every such employee can receive prompt first-aid treatment in the event of
heatstroke:

Provided that, where the question arises as to whether any particular type of work does in fact constitute hard manual labour,
the decision of an inspector shall be decisive.

3. Lighting

(1) Every employer shall cause every workplace in his undertaking to be lighted in accordance with the illuminance values
specified in the Schedule to these regulations: Provided that where specialised lighting is necessary for the performance of
any particular type of work, irrespective of whether that type of work is listed in the Schedule or not, the employer of
those employees who perform such work shall ensure that such specialized lighting is available to and is used by such
employees.

(2) The chief inspector may, by notice in the Gazette, from time to time modify the Schedule to these regulations as he deems
necessary.

(3) With respect to the lighting to be provided in terms of subregulation (1), the employers shall ensure that -

(a) the average illuminance at any floor level in a workplace within five meters of a task is not less than one fifth of the
average illuminance on that task;

(b) glare in any workplace is reduced to a level that does not impair vision;

(c) lighting on rotating machinery in such that the hazard of stroboscopic effects is eliminated; and

(d) luminaires and lamps are kept clean and, when defective, are replaced or repaired forthwith.

(4) With a view to the emergency evacuation of indoor workplaces without natural lighting or in which persons habitually work
at night, every employer shall, in such workplaces, provide emergency sources of lighting which are such that, when
activated, an illuminance of not less than 0.3 lux is obtained at floor level to enable employees to evacuate such
workplaces: Provided that where it is necessary to stop machinery or shut down plant or processes before evacuating the
workplace, or where dangerous materials are present or dangerous processes are carried out, the illuminance shall be not
less than 20 lux.

(5) An employer shall ensure that the emergency sources of lighting prescribed by subregulation (4) -

(a) are capable of being activated within 15 seconds of the failure of the lighting prescribed by subregulation (1);

(b) will last long enough to ensure the safe evacuation of all indoor workplaces;

(c) are kept in good working order and tested for efficient operation at intervals of not more than three months; and

(d) where directional luminaires are installed, these are mounted at a height of not less than two meters above floor level
and are not aimed between 10° above and 45° below the horizontal line on which they are installed.

(6) An employer engaged in building work shall cause all rooms, stairways, passageways, gangways, basements and other
places where danger may exist through lack of natural light, to be lighted such that it will be safe.

4. Windows

(1) In order to effect visual contact with areas outside a workplace, where employees work the majority of their shift in a room
of which the floor area is less than 100 square meters, the employer of such employees shall cause every such room to be
provided with windows in such a way that -

(a) the total glazed area of such windows is not less than three fifths of the square root of the floor area of the room,
both areas measured in square meters;

(b) the window sills are not higher and the window heads are not lower than one and a half meters above the floor level
of the room; and

(c) such windows are glazed with transparent material.

(2) Unless an inspector otherwise directs, the provisions of subregulation (1) shall not apply under conditions where natural
light will have an adverse effect on the process or material used in a room, or where the process in a room has to be
conducted under critical conditions of light, temperature, humidity or air movement, or where the judgement of texture or
Edited. E&OE 44
 colour in a room has to be done under conditions of constant lighting quality and intensity, or where, for reasons of safety,
privacy or security, compliance with the intended provisions becomes impracticable.

(3) Where the penetration of direct sunlight into any workplace may pose a threat to the safety of persons in such workplace,
the employer concerned shall ensure that such workplace is screened to avoid such penetration, but retaining, as far as is
practicable, outside visual contact.

5. Ventilation

(1) An employer shall ensure that every workplace in his undertaking is ventilated either by natural or mechanical means in
such a way that -

(a) the air breathed by employees does not endanger their safety;

(b) the time-weighted average concentration of carbon dioxide therein, taken over an eight-hour period, does not exceed
one half per cent by volume of air;

(c) the carbon dioxide content thereof does not at any time exceed three per cent by volume of air;

(d) the prescribed exposure limits for airborne substances therein are not exceeded; and

(e) the concentration therein of any explosive or flammable gas, vapour or dust does not exceed the lower explosive limit
of that gas, vapour or dust.

(2) Where the measures prescribed by subregulation (1) are not practicable, or where there is a danger of unsafe air in the
breathing zone of an employee, the employer shall provide every such employee with, and ensure that he correctly uses,
respiratory protective equipment of a type that reduces the exposure of the employee to a safe level and the employer
shall, further, inform him of the dangers of and the precautionary measurers against excessive exposure.

(3) The provisions of subregulation (1) (b) and (c) shall not apply in respect of workplaces where the ambient pressure differs
by more than 20 percent from atmospheric pressure at sea level.

6. Housekeeping

(1) A user of machinery shall provide and maintain sufficient clear and unobstructed space at every machine to enable work to
be carried out without danger to persons.

(2) An employer shall -

(a) with the exclusion of workplaces where building work is performed, make at least 2.25 square meters of effective
open floor area available for every employee working in an indoor workplace;

(b) make available and maintain an unimpeded work space for every employee;

(c) keep every indoor workplace clean, orderly and free of materials, tools and similar things which are not necessary for
the work done in such work place;

(d) keep all floors, walkways, stairs, passages and gangways in a good state of repair, skid-free and free of obstructions,
waste or materials;

(e) keep the roof and walls of every indoor workplace sound and leak-free;

(f) board over or fence, or enclose with rails or guards, or take other measures which may be necessary under the
circumstances to ensure the safety of persons, all openings in floors, all hatchways and all stairways and any open
sides of floors or buildings through or from which persons are liable to fall: Provided that such boarding or guarding
may be omitted or removed for the time and to the extent necessary for the access of persons or the movement of
material; and

(g) erect a catch platform or net above an entrance or passageway or above a place where persons work or pass, or
fence off the danger area if work is being performed above such entrance, passageway, place or danger area and
there is a possibility of persons being struck by falling objects.

(3) No employer shall require or permit any person to, and no person shall, dispose of any article from a high place except by
hoist or chute unless arrangements have been made to secure the safety who may be struck by falling objects.

7. Noise and hearing conservation

(1) This regulation shall apply to all employers (herein referred to as employer) at a workplace where the equivalent noise
level (equivalent sound pressure level) resulting from activities at such workplace, to which any person in such workplace
is exposed, is 85 dB (A) or higher.

(2) Subject to the provisions of subregulations (3) and (4), no employer shall require or permit an employee to work in an
environment in which he is exposed to an equivalent noise level equal to 85 dB(A) or higher.

(3) The employer shall reduce the equivalent noise level to below 85 dB(A) or, where this is not reasonably practicable, he
shall reduce the level to as low as is reasonably practicable and take all reasonable steps to isolate the source of the noise
acoustically.

Edited. E&OE 45
(4) Where the equivalent noise level in any workplace cannot be reduced to below 85 dB(A), as contemplated in subregulation
(3), the employer shall -

(a) demarcate the boundaries of all noise zones in such workplace by posting up notices to that effect in conspicuous
places along such boundaries and at all entrances to and exits from any room where the whole of such room
constitutes a noise zone; and

(b) prohibit any person from entering a noise zone unless such person wears hearing protectors.

(5) In the case of building work where it is not reasonably practicable to comply with the provisions of subregulation (4)(a)
owing to the nature or extent of the premises, the employer shall post up such notices at all exits from and entrances to
such premises or where this is not reasonably practicable, display such notices in a conspicuous place as close as possible
to the actual workplace or in such place as an inspector may direct.

(6) Whenever an inspector is of the opinion that the employer has omitted or failed to reduce the equivalent noise level in a
noise zone to as low as is reasonably practicable or to isolate the source of the noise acoustically, he may require such
employer, by notice in writing, to take such further steps as such inspector considers reasonable and practicable for the
purpose of conserving the hearing of employees entering or working in such noise zone.

(7) The employer shall provide, free of charge, hearing protectors to each employee who works in or, to any person who is
required or permitted to enter a noise zone, and no employer shall require or permit any person to work in or enter such
noise zone, and no person shall work in or enter such noise zone, unless he wears such hearing protectors in the correct
manner: Provided that where the equivalent noise level to which employees are exposed, is such that the attenuation of
the hearing protectors does not reduce the said noise to below 85 dB(A) the employer concerned shall limit the time
during which employees work in that noise zone in such a way that they are not exposed to an equivalent noise level
equal to 85 dB(A) or higher.

(8) The hearing protectors which the employer shall provide in terms of subregulation (7), shall be -

(a) for the sole use of a specific person: Provided that if an inspector is satisfied that the employer has taken adequate
precautionary measures to ensure that the common use of hearing protectors will not result in the spreading of
infectious or contagious diseases, he may in writing, authorize the common use of hearing protectors;

(b) maintained by the employer in an efficient and hygienic condition at all times; and

(c) stored in a clean, dust-free container provided by the employer when not in use.

(9) The employer shall properly instruct any person who is required to wear hearing protectors in the use of such protectors
and inform him of noise zones where the wearing thereof is compulsory.

(10) The employer shall -

(a) ensure that every employee employed in a noise zone is subjected to audiometric examinations conducted in
accordance with section 7 of SABS 083, by an audiometrist approved by the chief inspector;

(b) keep records of the results of each audiometric examination and make such records available for inspection by an
inspector if he so requires; and

(c) keep such records for a minimum period of 30 years after termination of employment: Provided that if the employer
ceases activities all such records shall be forwarded to the regional director.

(11) In order to comply with the provisions of subregulation (4)(a), the employer shall obtain the services of an approved
inspection authority, or an employee whose ability is verified by an approved inspection authority to ensure that noise
zones are determined in accordance with section 4 of SABS 083.

8. Precautions against flooding

(1) Where a substantial risk exists that a workplace may be flooded, the employer shall take measures to be informed
forthwith of any imminent flooding.

(2) Every employer shall take measures to be informed forthwith of any imminent flooding from constructions for conserving
water, or which may cause water to converge or accumulate on his premises, and shall, prior to the erection of such a
construction, give notice in writing to all persons situated in the danger zone below such construction of the possibility of
flooding owing to such construction.

9. Fire precautions and means of egress

(1) In order to expedite the evacuation of a workplace in case of fire, every employer shall ensure that -

(a) any emergency escape door from any room or passage or at a staircase shall, as far as is practicable, be hung so as
to open outwards;

(b) every door of a room in which persons may be present, and every door of a passage or at a staircase serving as a
means of exit from such room, shall be kept clear and capable of being easily and rapidly opened from inside so as to
ensure quick and easy evacuation;

Edited. E&OE 46
 (c) the provisions of paragraphs (a) and (b) shall also be complied with in respect of the outer escape exit from the
workplace;

(d) staircases and steps leading from one floor to another or to the ground shall be provided with substantial hand-rails;

(e) staircases intended to be used as fire escapes shall -

(i) be constructed of non-combustible material;

(ii) be kept clear of any material or other obstruction; and

(iii) not terminate in an enclosed area;

(f) staircases, passages and exits intended for escape purposes shall be of a width and of a gradient which will facilitate
the quick and safe egress of the number of persons intended to make use of them; and

(g) having regard to the size, construction and location of a workplace, the number of persons, and the activity therein,
such workplace is provided with at least two means of egress situated as far apart as is practicable.

(2) Having regard to the size, construction and location of the workplace, and the amount and type of flammable articles uses,
handled or stored on the premises, an employer shall provide on the premises an adequate supply of suitable fire-fighting
equipment at strategic locations or as may be recommended by the fire chief of the local authority concerned, and such
equipment shall be maintained in good working order.

10. Offences and penalties

Any person who contravenes or fails to comply with any provision of regulation 2, 3(1), 3(3), 3(4), 3(5), 3(6), 4(1), 4(3), 5(1),
5(2), 6, 7, 8 or 9 shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a
period not exceeding six months and, in the case of a continuous offence, to an additional fine of R5 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.

11. Withdrawal of regulations

The following regulations are hereby withdrawn:

(a) Regulations B.1 (1), B.1 (2), B.1 (3), B.1 (4), B.2, B.5, B.11, B.13, B.15 and B.17, published under Government
Notice R. 929 of 28 June 1963, as amended by Government Notice R. 2237 of 30 November 1973;

(b) regulations C.10, C.11 and C.12, published under Government Notice R.929 of 28 June 1963; and

(c) regulation D.4, published under Government Notice R. 1934 of 13 December 1963, as amended by Government
Notice R. 3475 of 9 October 1969.

12. Short title

These regulations shall be called the Environmental Regulations for Workplaces, 1987.

5. Facilities Regulations
DEPARTMENT OF LABOUR

Government Notice. R: 1593 12 August 1988

The Minister of Manpower has, under section 35 of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) made the
regulations contained in the Schedule hereto.

SCHEDULE

1. Definitions

In these Regulations any word or expression to which a meaning has been assigned in the Act, shall have the meaning so
assigned and, unless the context indicates otherwise -

“action level” means a time-weighted average concentration of a substance in the workplace air that is distinctly below the
exposure limit for that substance and at or above which level certain prescribed preventative measures must be taken;

“adjoining” in relation to premises, means having a common boundary line;

“building work” means building work as defined in the General Administrative Regulations;

“drinking water” means water that complies with SABS 241;

Edited. E&OE 47
“factory” means a factory as defined in the General Administrative Regulations;

“General Administrative Regulations” means the General Administrative Regulations promulgated in terms of section 35 of
the Act and published under Government Notice No. R. 2206 of 5 October 1984;

“high-risk substance” means a substance listed in the Schedule to the General Administrative Regulations, as amended;

“hot water” means water at a temperature of mare than 35C;

“National Building Regulations” means the National Building Regulations made under section 17(1) of the National Building
Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) and published under Government Notice No. R 1081 of 10
June 1988;

“SABS 0400” means the South African Bureau of Standards, Code of Practice for the application of the National Building
Regulations;

“SABS 241” means the South African Bureau of Standards Standard Specification for Water for Domestic Supplies, SABS 241;

“sanitary facilities” means sanitary fixtures as defined in SABS 0400;

“the Act” means the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983).

2. Sanitation

(1) Every employer shall provide sanitary facilities at the workplace in accordance with the provisions of Parts F, P and Q 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 written arrangements 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 -

(c) the total number of employees who will be using the facilities; and

(d) the condition of such facilities.

(3) Every employer shall -

(a) make toilet paper available 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 sole use or disposable paper towels or hot air blowers or clean portions of
continuous cloth towels, at the washbasins; and

(d) provide toilet soap or a similar cleansing agent 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 employees, and he shall -

(a) provide running hot and cold or premixed hot and cold water for the 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 a room to indicate the sex of the persons for whom the room
is intended;

(b) ventilate such rooms in accordance with the provisions of Part O of the National Building Regulations;

(c) provide the necessary screen walls partitions or doors in order to ensure privacy; and

(d) ensure that water feeding to showers or washbasins on his premises which is not obtained from the water supply
system of a local authority, complies with SABS 241.

3. Facilities for safekeeping

(1) An employer in a factory shall provide every employee in his service, excluding office workers, with a personal facility for
safekeeping in which clothes and other personal items of the employee can be kept safely and in good condition.

Edited. E&OE 48
(2) Every employer shall ensure that each employee referred to in sub- regulation (1) stores his clothing and other personal
items in his 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.

4. Change-rooms

(1) In respect of employees -

(a) for whom showers are prescribed, or

(b) who need to undress, the employer shall provide separate change- rooms for males and females respectively, in
accordance with the provisions of Part C of SABS 0400.

(2) An employer contemplated in subregulation (1) shall -

(a) ensure that a change-room is not connected directly by means of a door or any other opening to any room in which
the exposure to a high risk substance is equal to or above the action level for such high-risk substance 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 change-room for the maximum number of
employees that will be using such change-room at any one time;
(c) not store any materials, tools or other goods not related to the use of a change-room in such change-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 to every change-room in order to afford privacy; provide a conspicuous sign at the entrance to a
change- room to indicate the sex of the persons for whom the change-room is intended;

(f) provide a conspicuous sign at the entrance to a change-room to indicate the sex of the persons for whom the change-
room is intended;

(g) provide facilities for the drying of wet clothes, if clothes of the employees for whom a change-room has been
provided, may become wet in the course of their work;

(h) ensure that every change-room is naturally or artificially ventilated in accordance with the provisions of Part O of the
National Building Regulations; and

(i) ensure that no employee referred to in subregulation (1) changes his clothing at any other place at a workplace that in
a change- room provided for him.

(3) Subject to the provisions of regulation 5 an employer may allow a change-room to be used for the partaking of meals
provided that -

(a) an obscure partition of at least two meters high is installed between showers and eating places; and

(b) there is no direct communication between the change-room and toilet facilities.

5. Dining-rooms

(1) Notwithstanding the provisions of regulation 4 (3) , every employer of employees who at a workplace:

(a) are exposed to a high risk substance in a quantity equal to or above the action level for such high-risk substance;

(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: Provided that when the question arises as to what constitutes dirt, dust,
soot or similar filth, the decision of an inspector shall be conclusive; 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) The employer referred to in subregulation (1) shall -

(a) provide tables and chairs in every dining-room for the maximum number of employees that 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 the exposure to a high-risk substance is equal to, or above the action level for such high-risk
substance or in which untanned hides or skins or unwashed wool or mohair are treated, processed or stored;

(c) not store any materials tools or other goods not related to the use of a dining-room in such dining-room or allow such
items to be stored therein; and

Edited. E&OE 49
 (d) ensure that every dining-room is naturally or artificially ventilated in accordance with the provisions of Part O of the
National Building Regulations.

6. Prohibition

Every employer shall -

(a) prohibit smoking and the consumption of food or drink at all work places contemplated in regulation 5(1) and shall ensure
that no person smokes, eats or drinks in any such place; and
(b) display conspicuous signs or notices at such workplaces prohibiting smoking, eating or drinking.

Drinking water

7. Every employer shall -

(a) make available an adequate supply of drinking water for his employees at their workplace; and

(b) clearly and conspicuously mark as such, taps and pipes containing water which is not fit for human consumption.

8. Seats

Every employer shall -

(a) where reasonably practicable, provide a seat for every employee whose work can be efficiently performed while
sitting;
(b) where reasonably practicable, permit an employee whose work is ordinarily 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 back rests where the nature of the work performed by employees is such that such seats can be
used.

9. Condition of room and facilities

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:
Provided that an inspector may, by notice in writing, direct an employer to take such steps as the inspector deems necessary
for the employer to comply with this regulation and the decision of an inspector in this regard shall be conclusive.

10. Offences and penalties

Any person who contravenes or fails to comply with any provision of regulations 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 not exceeding R1 000 or to imprisonment for a period
not exceeding six months and, in the case of a continuous offence, to an additional fine of R5 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.

11. Repeal of regulations

Regulations B.3, B.4, B.7, B.8, B.9, B.10 and B.16, of the regulations published under Government Notice No. R. 929 of 28
June 1963, as amended, are hereby repealed.

12. Short title

These regulations shall be called the Facilities Regulations, 1990.

6. Hazardous Chemical Substances Regulations

Incorporation of Safety Standard

Under the powers vested in me by section 36 (1) of the Machinery and Occupational Safety Act, 1983 (Act No. 6 of 1983), I, Eli
van der Merwe Louw, Minister of Manpower, hereby incorporate the South African Bureau of Standards, Standard Specification
for Water for Domestic Supplies, SABS 241-1984, into the Facilities Regulations, 1990.

E. VAN DER M. LOUW,

Minister of Manpower.

DEPARTMENT OF LABOUR

Government Notice. R: 1179 25 August 1995

The Minister of Labour has under section 43 of the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), after
consultation with the Advisory Council for Occupational Health and Safety, made the regulations in the Schedule.

SCHEDULE

1. Definitions
Edited. E&OE 50
In this Schedule a word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it
and unless the context other-wise indicates –

“air monitoring” means the monitoring of the concentrations of airborne hazardous chemical substances;

“Asbestos Regulations” means the Asbestos Regulations published by Government Gazette No. R.773 of 10 April 1987 under
section 43(5) of the Act;

“assessment” means a programme to determine any risk from exposure to a hazardous chemical substance associated with
any hazard thereof at the workplace in order to identify the steps needed to be taken to remove, reduce or control such
hazard;

“BEI” or “biological exposure index” is a reference value intended as a guideline for the evaluation of potential health
hazards as listed in Table 3 of Annexure 1 hereby as revised from time to time and listed in the Government Gazette;

“engineering control measures” means control measures that remove or reduce the exposure of persons at the workplace
by means of engineering methods;

“exposed” means exposed to a hazardous chemical substance whilst at the workplace and “exposure” has a corresponding
meaning;

“EH 42” means the Guidance Note EH 42 of the Health and Safety Executive of the United Kingdom: Monitoring Strategies for
Toxic Substances 1989 HSE ISBN 0 11885412 7 as revised from time to time and published in the Government Gazette;
“Facilities Regulations” means the Facilities Regulations published by Government Notice No. R.2362 of 5 October 1990
under section 43(5) of the Act;

“General Administrative Regulations” means the General Administrative Regulations published by Government Notice No.
R.2206 of 5 October 1984 under section 43(5) of the Act;

“HSC” or “hazardous chemical substance” means any toxic, harmful, corrosive, irritant or asphyxiant substance, or a
mixture of such substances for which –
(a) an occupational exposure limit is prescribed; or
(b) an occupational exposure limit is not prescribed; but which creates a hazard to health;

“intake” includes inhalation, ingestion or absorption through the skin or mucous membranes;

“Lead Regulations” means the Lead Regulations published by Government Notice No. R.586 of 22 March 1991 under section
43(5) of the Act;

“measurement programme” means a programme according to the monitoring strategy as contemplated in EH 42;

“monitoring” means the planning, carrying out and recording of the results of a measurement programme;

“OEL” or “occupational exposure limit” means a limit value set by the Minister for a stress factor in the workplace as
revised from time to time by notice in the Government Gazette;

“OEL-CL” or “occupational exposure limit-control limit” means the occupational exposure limit for a hazardous chemical
substance as listed in Table 1 of Annexure 1 hereby and “control limit” has a corresponding meaning;

“OEL-RL” or “occupational exposure limit-recommended limit” means the occupational exposure limit for a hazardous
chemical substance as listed in Table 2 of Annexure 1 hereby and “recommended limit” has a corresponding meaning;

“OESSM” means the Occupational Exposure Sampling Strategy Manual, published by the National Institute for Occupational
Safety and Health (NIOSH), Publication No. 77-173 of 1977, United States of America: Department of Health, Education and
Welfare;

“regional director” means the regional director as defined in regulation 1 of the General Administrative Regulations;

“respiratory protective equipment” means a devise which is worn over at least the mouth and nose to prevent the
inhalation of airborne hazardous chemical substances and which is of a type, or conforms to a standard approved by the
Minister;

“respirator zone” means an area where the concentration of an airborne hazardous chemical substance exceeds the
recommended limit for that substance;

“SABS 072” the Code of Practice for the Safe Handling of Pesticides, SABS 072, published by the South African Bureau of
Standards (SABS);

“SABS 0228” the Code of Practice for the Identification and Classification of Dangerous Substances and Goods, SABS 0228,
published by the South African Bureau of Standards (SABS);

“SABS 0229” the Code of Practice for Packaging of Dangerous Goods for Road and Rail Transportation in South Africa, SABS
0229, published by the South African Bureau of Standards (SABS);

2. Scope of application

Edited. E&OE 51
(1) Subject to the provisions of sub-regulation (2), these regulations shall apply to an employer or a self employed person who
carries out work at a workplace which may expose any person to the intake of an HCS at the workplace.

(2) The provisions of regulations 3(1), 6 and 7 shall not apply to:

(a) a self employed person; or

(b) a person who visits a workplace as contemplated in subregulation (1).

(3) The provisions of these regulations shall not apply in the case where the Lead Regulations and Asbestos Regulations apply
.

3. Information and training

(1) An employer shall, before any employee is exposed or may be exposed, after consultation with the health and safety
committee established for that section of the workplace, ensure that the employee is adequately and comprehensively
informed and trained, as well as thereafter informed and trained at intervals as may be recommended by that health and
safety committee, with regard to:

(a) the contents and scope of these regulations;

(b) the potential source exposure;

(c) the potential risks to health caused by exposure;

(d) the potential detrimental effect of exposure on his or her reproductive ability;

(e) the measures to be taken by the employers to protect an employee against any risk from exposure;

(f) the precautions to be taken by an employee to protect himself against the health risks associated with such exposure,
including the wearing and use of protective clothing and respiratory protective equipment.

(g) the necessity, correct use, maintenance and potential of safety equipment, facilities and engineering control measures
provided;

(h) the necessity of personal air sampling and medical surveillance;

(i) the importance of good housekeeping at the workplace and personal hygiene;

(j) the safe working procedures regarding the use, handling, storage and labelling of the HCS at the workplace; and

(k) procedures to be followed in the event of spillages, leakages or any similar emergency situation which could take
place by accident.

(2) An employer or self-employed person shall give written instructions of the procedures contemplated in paragraph (k) of
subregulation (1) to the drivers of vehicles carrying the HCS.

(3) An employer or a self employed person shall ensure that he himself or she herself or any other person who in any manner
assists him or her in the carrying out or the conducting of his or her business, have the necessary information and has
undergone sufficient training in order for him or her to identify the potential risks and precautions which should be taken.

4. Duties of persons who may be exposed to hazardous chemical substances

Every person who is or may be exposed, shall obey a lawful instruction given by or on behalf of the employer or a self
employed person, regarding:

(a) the prevention of an HCS from being released;

(b) the wearing of personal protective equipment;

(c) the wearing of monitoring equipment to measure personal exposure;

(d) the reporting for health evaluations and biological tests as required by these regulations;

(e) the cleaning up and disposal of materials containing HCS;

(f) housekeeping at the workplace, personal hygiene and environmental and health practices; and

(g) information and training as contemplated in regulation 3.

5. Assessment of potential exposure

(1) An employer or self employed person shall after consultation with the relevant health and safety representative or relevant
health and safety committee, cause an immediate assessment to be made and thereafter at intervals not exceeding two
years, to determine if any employee may be exposed by any route of intake.

(2) The employer shall inform the relevant health and safety representative or relevant health and safety committee in writing
of the arrangements made for the assessment contemplated in subregulation (1), give them reasonable time to comment
Edited. E&OE 52
 thereon and ensure that the results of the assessment are made available to the relevant representatives or committees
who may comment thereon.

(3) When making the assessment, the employer or self employed person shall keep a record of the assessment and take into
account such matters as:

(a) the HCS to which an employee may be exposed;

(b) what effects the HCS can have on an employee;

(c) where the HCS may be present and in what physical form it is likely to be;

(d) the route of intake by which and the extent to which an employee can be exposed; and

(e) the nature of the work, process and any reasonable deterioration in, or failure of, any control measures.

(4) If the assessment made in accordance with subregulation (3) indicates that any employee may be exposed, the employer
shall ensure that monitoring is carried out in accordance with the provisions of regulations 6 and 7 and that the exposure
shall be controlled as contemplated in regulation 10.

(5) An employer shall review the assessment required by subregulation (1) forthwith if:

(a) there is reason too suspect that the previous assessment is no longer valid; or

(b) there has been a change in a process involving an HCS or in the methods, equipment or procedures in the use,
handling, control or processing of the HCS, and the provisions of subregulations (2) and (3) shall apply.

6. Air monitoring

(1) Where the inhalation of an HCS is concerned, an employer contemplated in regulation 5(4) shall ensure that the
measurement programme of the airborne concentrations of the HCS to which an employee is exposed, is:

(a) carried out in accordance with the provisions of these regulations;

(b) carried out only after the relevant health and safety representative or relevant health and safety committee has been
informed thereof and given a reasonable opportunity to comment thereon;

(c) carried out by an approved inspection authority or by a person whose ability to do the measurements is verified by an
approved inspection authority;

(d) representative of the exposure of employees to the airborne HCS in accordance with the provisions of subregulation
(2); and

(e) verified in accordance with the provisions of subregulation (3) if the measurements are carried out by a person who is
not an approved inspection authority.

(2) In order to comply with the provisions of subregulation (1).(d) an employer shall;

(a) ensure that the measurement programme, in the case of a group measurement, makes provision for the selection of
the number of persons for a sample to be done as contemplated in chapters 3 and 4 and Technical Appendix A of the
OESSM: Provided that such sample size shall be chosen for the top 10% of the group at the 95% confidence level for
an HCS with a control limit and for the top 10% of the group at th 90% confidence level for an HCS with a
recommended limit; and

(b) carry out the representative measurements at least every 12 months for an HCS with a control limit and at least
every 24 months for an HCS with a recommended limit: Provided that whenever the control limit or recommended
limit which has been prescribed for an HCS is exceeded, the provisions of regulation 10 shall apply.

(3) In order to comply with the provisions of subregulation (1).(e), an employer shall obtain the service of an approved
inspection authority who shall, at intervals not exceeding 24 months:

(a) verify, by examining the measurement and analysis equipment of the employer and questioning the person referred
to in subregulation (1).(c), regarding the carrying out of the measurement programme;

(b) carry out the measurements prescribed by subregulations (1) and (2) for any one group; and

(c) enter the results of the investigation and measurements as contemplated in paragraphs (a) and (b) respectively in the
record required by regulation 9.

7. Medical surveillance

(1) An employer shall ensure that an employee is under medical surveillance if:

(a) the employee may be exposed to a substance listed in Table 3 of Annexure 1;

(b) the exposure of the employee to any substance hazardous to his or her health is such that an identifiable disease or
adverse effect to his or her health may be related to the exposure, there is a reasonable likelihood that the disease or

Edited. E&OE 53
 effect may occur under the particular conditions of his or her work and there are techniques to diagnose indications of
the disease or the effect as far as is reasonably practicable; or

(c) the occupational health practitioner recommends that the relevant employee should be under medical surveillance in
which case the employer may call on an occupational medicine practitioner to ratify the appropriateness of such
recommendation.

(2) In order to comply with the provisions of subregulation (1) the employer shall, as far as is reasonably practicable, ensure:

(a) that an initial health evaluation is carried out by an occupational health practitioner immediately before or within 14
days after a person commences employment, where any exposure exists or may exist, which comprises:

(i) an evaluation of the employees medical and occupational history;

(ii) a physical examination; and

(iii) any other essential examination which in the opinion of the occupational health practitioner is desirable in order
to enable the practitioner to do a proper evaluation.

(b) that subsequent to the initial health evaluation contemplated in paragraph (a) the relevant employee undergoes
examinations as contemplated in paragraph (a)(ii) and (iii), at intervals not exceeding two years, or at intervals
specified by an occupational medical practitioner.

(3) An employer shall not permit an employee who has been certified unfit for work by an occupational medicine practitioner to
work in a workplace or part of a workplace in which he or she would be exposed: Provided that the relevant employee may
be permitted to return to work which will expose him or her if he or she is certified fit for that work beforehand by an
occupational medicine practitioner.
(4) The employer shall record and investigate the incident contemplated in subregulation (3) in compliance with regulation 8 of
the General Administrative Regulations.

8. Respirator zone

An employer shall ensure:

(a) that any workplace or part of a workplace under his or her control, where the concentration of an HCSHCS in the air
is. or may be, such that the exposure of employees working in that workplace exceeds the recommended limit
without the wearing of respiratory protective equipment, is zoned as a respirator zone;

(b) that a respirator zone is clearly demarcated and identified by notice indicating that the relevant area is a respirator
zone and that personal protective equipment as contemplated in regulation 11 must be worn there; and

(c) that no person enters or remains in a respirator zone unless he or she is wearing the required personal protective
equipment.

9. Records

(1) An employer shall:

(a) keep records of the results of all assessments, air monitoring, and medical surveillance reports required by regulations
5 , 6 and 7, respectively: Provided that personal medical records shall only be made available to an occupational
health practitioner;

(b) subject to the provisions of paragraph (c), make the records contemplated in paragraph (a), excluding personal
medical records, available for inspection by an inspector.

(c) allow any person subject to personal written consent of an employee, to peruse the records with respect to that
particular employee;

(d) make the records of all assessments and air monitoring available for perusal by the relevant health and safety
representatives or relevant health and safety committee;

(e) keep all records of assessments and air monitoring for a minimum period of 30 years;

(f) keep all medical surveillance records for a minimum period of 30 years and if the employer ceases activities, all those
records shall be handed over or forwarded by registered post to the relevant regional director; and

(g) keep a record of the investigations and tests carried out in terms of regulation 12(1)(b) and of any repairs resulting
from these investigations and tests, and the records shall be kept for at least three years.

9A. Handling of hazardous chemical substances

(1) Subject to section 10(3) of the Act, every person who manufactures, imports, sells or supplies any hazardous chemical
substance for use at work, shall, as far as is reasonably practicable, provide the person receiving such substance, free of
charge, with a material safety data sheet in the form of Annexure 1, containing all the information as contemplated in
either ISO 1 1014 or ANSIZ400.1.1993 with regard to-

(a) product and company identification;

Edited. E&OE 54
 (b) composition/information on ingredients;

(c) hazards identification;

(d) first-aid measures;

(e) fire-fighting measures;

(f) accidental release measures;

(g) handling and storage;

(h) exposure control/personal protection;

(i) physical and chemical properties;

(j) stability and reactivity;

(k) toxicological information;

(l) ecological information;

(m) disposal considerations;

(n) transport information;

(o) regulatory information; and

(p) other information:

Provided that, where it is not reasonably practicable to provide a material safety data sheet, the manufacturer, importer, seller
or supplier shall supply the receiver of any hazardous chemical substance with sufficient information to enable the user to take
the necessary measures as regards the protection of health and safety.

(2) Every employer who uses any hazardous chemical substance at work, shall be in possession of a copy of Annexure 8 or a
copy of sufficient information, as contemplated in subregulation (1).

(3) Every employer shall make Annexure 8 or sufficient information, as contemplated in subregulation (1), available at the
request of any interested or affected person.

10. Control of exposure to HCS

(1) An employer shall ensure that the exposure of an employee is either prevented or, where this is not reasonably
practicable, adequately controlled: Provided that

(a) where there is exposure for which there is a recommended limit, the control of the exposure shall be regarded as
adequate if the level of exposure is below that limit or if the relevant area is zoned and the level of exposure is
reduced to below that recommended limit by means of adequate personal protective equipment only after the level
has been reduced to as low as is reasonably practicable by any other means than personal protective equipment; or

(b) where there is exposure for which there is a control limit, the control of the exposure shall be regarded as adequate if
the exposure is at a a level as low as is reasonably practicable below that control limit: Provided that in the case of
temporary excursions above the control limit, the employer shall ensure:

(i) that the excursion is without a significant risk from exposure;

(ii) that the excursion is not indicative of a failure to maintain adequate control;

(iii) that during the excursion, the area is temporarily demarcated as prescribed in regulation 8(b) ; and

(iv) the provisions of regulation 11 are complied with.

(2) Where reasonably practicable, the employer shall control the exposure of an employee:

(a) by limiting the amount of an HCS used which may contaminate the working environment;

(b) by limiting the number of employees who will be exposed or may be exposed;

(c) by limiting the period during which an employee will be exposed or may be exposed;

(d) by using a substitute for an HCS;

(e) by introducing engineering control measures for the control of exposure, which may include the following:

(i) Process separation, automation or enclosure;

Edited. E&OE 55
 (ii) the installation of local extraction ventilation systems to processes, equipment and tools for the control of
emissions of an airborne HCS;
(iii) use of wet methods; and

(iv) separate workplaces for different processes;

(f) by introducing appropriate work procedures which an employee must follow where materials are used or processes
are carried out which could give rise to exposure of an employee and that procedures shall include written
instructions to ensure:

(i) that an HCS is safely handled, used and disposed of;

(ii) that process machinery, installations, equipment, tools and local extraction and general ventilation systems are
safely used and maintained;

(iii) that machinery and work areas are kept clean; and

(iv) that early corrective action can be readily identified.

(3) An employer shall ensure that the emission of an HCS into the atmosphere comply with the provisions of the Atmospheric
Pollution Prevention Act, 1965 (Act No. 45 of 1965).

11. Personal protective equipment and facilities

(1) If it is not reasonably practicable to ensure that the exposure of an employee is adequately controlled as contemplated in
regulation 10, the employer shall:

(a) in the case of an airborne HCS, provide the employee with suitable respiratory protective equipment and protective
clothing; and

(b) in the case of an HCS which can be absorbed through the skin, provide the employee with suitable non-HCS
impermeable protective equipment.

(2) Where respiratory protective equipment is provided, the employer shall ensure:

(a) that the relevant equipment is capable of controlling the exposure to below the OEL for the relevant HCS;

(b) that the relevant equipment is correctly selected and properly used;

(c) that information, instructions, training and supervision which is necessary with regard to the use of the equipment is
known to the employees; and

(d) that the equipment is kept in good condition and efficient working order.

(3) An employer shall, as far as is reasonably practicable:

(a) issue no used personal protective equipment to an employee, unless the relevant protection equipment is
decontaminated and sterilised;

(b) provide separate containers or storage facilities for personal protective equipment when not in use; and

(c) ensure that all personal protective equipment not in use is stored only in the place provided therefor.

(4) An employer shall as far as is reasonably practicable, ensure that all contaminated personal protective equipment is
cleaned and handled in accordance with the following procedures:

(a) where the equipment is cleaned on the premises of an employer, care shall be taken to prevent contamination during
handling, transport and cleaning;

(b) where the equipment is sent off the premises to a contractor for cleaning purposes:

(c) the equipment shall be packed in impermeable containers;

(d) the containers shall be tightly sealed and have clear indication thereon that the contents thereof are contaminated;
and

(e) the relevant contractor shall be fully informed of the requirements of these regulations and the precautions to be
taken for the handling of the contaminated equipment.

(5) Subject to the provisions of subregulation (4)(b) an employer shall ensure that no person removes dirty or contaminated
personal protective equipment from the premises: Provided that where contaminated personal protective equipment has
to be disposed of, it shall be treated as HCS waste as contemplated in regulation 15.

(6) Subject to the provisions of the Facilities Regulations, an employer shall, where reasonably practicable, provide employees
using personal protective equipment as contemplated in subregulation (1), with:

Edited. E&OE 56
 (a) adequate washing facilities which are readily accessible and located in an area where the facilities will not become
contaminated, in order to enable the employees to meet a standard of personal hygiene consistent with the adequate
control of exposure, and to avoid the spread of an HCS;

(b) two separate lockers separately labelled 'protective clothing' and 'personal clothing', and ensure that the clothing is
kept separately in the locker concerned;

(c) separate 'clean' and 'dirty' changerooms if the employer uses or processes an HCS to the extent that the HCS could
endanger the health of persons outside of the workplace.

12. Maintenance of control measures

An employer shall ensure:

(a) that all control equipment and facilities provided in terms of regulations 10 and 11 are maintained in good working
order; and

(b) that thorough examinations and tests of engineering control measures are carried out at intervals not exceeding 24
months by an approved inspection authority or by a person whose ability to do such measurements and tests is
verified by an approved inspection authority.

13. Prohibitions

No person shall as far as is reasonably practicable:

(a) use compressed air or permit the use of compressed air to remove particles of an HCS from any surface or person;
and

(b) smoke, eat, drink or keep food or beverages in a respirator zone or permit any other person to smoke, eat, drink or
keep food or beverages in that zone.

14. Labelling, packaging, transportation and storage

An employer shall, in order to avoid the spread of contamination of an HCS, take steps, as far as is reasonably practicable, to
ensure:

(a) that the HCS in storage or distributed are property identified, classified and handled in accordance with SABS 072 and
SABS 0228;

(b) that a container or a vehicle in which an HCS is transported is clearly identified, classified and packed in accordance
with SABS 0228 and SABS 0229; and

(c) that any container into which an HCS is decanted, is clearly labelled with regard to the contents thereof.

15. Disposal of hazardous chemical substances

An employer shall, as far as is reasonably practicable:

(a) recycle all HCS waste;

(b) ensure that all collectable HCS waste is placed into containers that will prevent the likelihood of exposure during
handling;

(c) ensure that all vehicles, re-usable containers and covers which have been in contact with HCS waste are cleaned and
decontaminated after use in such a way that the vehicles, containers or covers do not cause a hazard inside or
outside the premises concerned;

(d) ensure that all HCS waste which can cause exposure, is disposed of only on sites specifically designated for this
purpose in terms of the Environmental Conservation Act, 1989 (Act No. 73 of 1989), in such a manner that it does
not cause a hazard inside or outside the site concerned;

(e) ensure that all employees occupied in the collection, transport and disposal of HCS waste, who may be exposed to
that waste, are provided with suitable personal protective equipment; and

(f) ensure that if the services of a waste disposal contractor are used, a provision is incorporated into the contract stating
that the contractor shall also comply with the provisions of these regulations.

16. Offences and Penalties

Any person who contravenes or fails to comply with any provision of regulation 3,4,5,6,7,8,9,9A, 10, 11, 12, 13,14 or 15 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 for each day on which the offence continuous: Provided that the period of such additional
imprisonment shall in no case exceed 90 days.

17. Short title

Edited. E&OE 57
These regulations shall be called the Regulations for Hazardous Chemical Substances, 1995.

ANNEXURE 1

HAZARDOUS CHEMICAL SUBSTANCES GUIDELINES

Prevention and control of exposure

1. Exposure of employees to substances hazardous to health should be prevented or, where this is not reasonably
practicable, adequately controlled. This is a fundamental requirement of the Regulations for Hazardous Chemical
Substances (HCS), 1995. Exposure can occur by inhalation, ingestion or absorption through the skin, but inhalation is
usually the main route of entry into the body. Tables 1 and 2 of Annexure 1 list the occupational exposure limits, which
should be used in determining the adequacy of control of exposure by inhalation, as required by the HCS Regulations.

2. The advice in this document should be taken in the context of the requirements of the HCS Regulations, especially
regulation 5 (Assessment of potential exposure) regulation 10 (Control of exposure), regulation 12 (Maintenance of control
measures) and regulation 6 (Air monitoring). Substances hazardous to health are defined in regulation 1. There is
separate legislation for lead and asbestos and these substances are not covered in detail in this document. This document
also does not apply to exposure below ground in mines or exposure to micro-organisms.

3. Adequate control of exposure (when prevention is not reasonably practicable) should be achieved by one or more of a
range of control measures described in regulation 10 of the HCS Regulations. Control by personal protective equipment
should be applied only when other means are not reasonably practicable.

Medical surveillance

4. Medical surveillance of employees is often an important addition to the control measures in the workplace, regulation 7(1)
of the HCS Regulations specifies where medical surveillance is appropriate for the protection of the health of employees.

4.1 Medical surveillance is defined in the Regulations to cover the spectrum of potential effects of an HCS on an employee,
from absorption of the substances through to clinical disease. Medical surveillance may be grouped broadly into-

(a) biological monitoring, to measure the extent of absorption of an HCS by the employee.

(b) medical screening, to detect any adverse affects of an HCS on the employee.

4.2 Biological monitoring of exposure

4.2.1 Objectives

Biological monitoring of exposure can be divided into two types of testing:

(a) Biological monitoring: Measures the bio-chemical concentrations of HCSs and/or their metabolites in biological
samples of exposed individuals, e.g. blood lead for inorganic lead exposure, or urinary arsenic for inorganic arsenic
exposure. The aim is to measure the degree of absorption into the body by measuring indicators in representative
biological samples, typically urine or blood (usually nor related to the target organ).

(b) Biological effect monitoring: Determines the intensity of biochemical or physiological change due to exposure, e.g. red
cell cholinesterase for exposure to organosphosphate pesticides, or zinc protoporphyrin (ZPP) for exposure to
inorganic lead.

4.2.2 Uses of biological monitoring

Biological monitoring tests are indices of an individuals exposure and they may be a useful tool for the occupational health and
safety team. They give information on the overall level of exposure, regardless of whether an HCS has been absorbed by the
respiratory, oral, or cutaneous route. Cutaneous absorbtion can play a significant role in the case of some organic compounds.
The amounts absorbed through the skin may be comparable to or even higher than those absorbed via the respiratory tract.
Where appropriate, environmental control measures may thus be supplemented, with biological monitoring. Knowledge of the
real individual exposure permits targeted applications of preventive measures.

4.2.3 Important considerations in biological monitoring

(a) In choosing a test to meet the above objectives, it is important to have an understanding of the relationship between
environmental exposure and the concentration of an HCS in biological samples. This includes an understanding of the
principles of absorption, biotransformation, distribution and excretion of an HCS.

(b) In addition, there should be analytical methods available of sufficient sensitivity and specificity to detect
concentrations of the substance in urine, blood or exhaled air in the range likely to be encountered in industry.

(c) The HCSs listed in Table 3 of Annexure 1 are those for which the above criteria have a reasonable chance of being
met.

4.2.4 Biological Exposure Indices (BEIs)

Edited. E&OE 58
BEIs are reference values intended as guidelines for the evaluation of potential health hazards in the practice of industrial
hygiene. A BEI represents in theory the level of an HCS or metabolite most likely to be observed in a specimen collected from a
healthy worker who has been exposed to an HCS to the same extent as the worker with inhalation exposure to an OEL-TWA.
BEIs do not represent a sharp distinction between hazardous and non-hazardous exposures. For example, owing to biological
variability, it is possible that an individuals measurements can exceed the BEI without incurring an increased health risk.
Conversely, there may be some susceptible individuals who may be harmed at effects below the BEI.

If measurements in specimens obtained from a worker on different occasions persistently exceed the BEI, or if the majority of
measurements in specimens obtained from a group of workers at the same workplace exceed the BEI, the cause of the
excessive values must be investigated and proper action be taken to reduce the exposure.

BEIs apply to eight-hour exposures, five days a week. However, BEIs for differing work schedules may be extrapolated on
pharmacokinetic grounds. BEIs should not be applied either directly or through a conversion factor, in the determination of safe
levels for non-occupational exposure to air and water pollutants, or food contaminants. The BEIs are not intended for use as a
measure of adverse effects or for diagnosis of occupational illness.

4.3.1 Objectives

(a) The principle of general medical screening is to detect a disease at an early subclinical or presymptomatic stage in
order to take action to reverse these effects or to slow progression of the disease. The abnormalities sought, include
pathophysiological or histopathological changes. Such tests are well-established in general preventative medicine,
e.g. PAP smears for cervical cancer, cholesterol screening, feacal occult blood for lower bowel cancer, etc.

(b) In medical surveillance in industry one is interested not only in detecting adverse effects in the individual, but also in
the implication of the findings for the effectiveness of workplace control measures., Medical surveillance is thus
directed not only at early adverse effects but also at established disease.

4.3.2 Types of examination

(a) The number of validated screening tests with regard to HCSs is smaller than in general preventive medicine, but is
likely to grow in the future. Examples of subclinical tests include urinary cytology for bladder cancer among workers
exposed to potential bladder carcinogens, or full blood counts for employees exposed to an HCS toxic for the
bloodforming organs.

(b) Medical surveillance may include simple clinical examination, such as examination of the skin of employees exposed to
contact irritants or allergens, or of the nasal septum of employees exposed to chromates.
(c) Chest X-rays for silicosis are an example of screening for irreversible (although potentially progressive) disease. Lung
function testing is well established as a non-specific test for the possible effect of respiratory irritants, sensitisers and
fibrogenic agents.

4.4 Designing and implementing a programme of medical surveillance

4.4.1 The following steps should be included in any programme:

(a) Risk assessment to determine the potential exposure to and routes of absorption of an HCS, as required by regulation
5.

(b) Identification of target-organ toxicity, so as to direct medical screening.

(c) Selection of appropriate tests and testing schedule. Tests should have the desirable operating characteristics of high
sensitivity, specificity, reliability and predictive value. The frequency of testing is laid down in general terms by
regulation 7(2) , but should in any case be based on an understanding of the nature of the hazard and the natural
history of any adverse effects.

(d) Development of action criteria. These are provided for some HCSs in the form of BEIs in Table 3 of Annexure 1.
Criteria for interpreting lung function testing have also been published in the medical literature. However, in many
cases, the occupational health practitioners will have to develop pragmatic criteria in the context of the specific
workplace.

(e) Standardisation of test process. Quality control needs to be exercised both in the testing site and in the laboratory
contracted to carry out analyses. Consistency over time should be sought so as to make longitudinal measurements
comparable.

(f) Ethical considerations. Information and training of employees as required by regulation 3(1) should include the
rationale for doing medical surveillance, and the consequence of abnormal findings. An employee must be notified of
the results and interpretation of his/her tests and any recommendations made. The confidentiality of personal
medical records is laid down by regulation 9.

(g) Determination of employees fitness to remain in that job. [Regulation 7(3) ]. Results may be compared against the
action criteria (BEI if relevant), and preferably also the employees previous results to determine whether individual
action needs to be taken. Action may include repeating the test, further medical examination, removal of the
employee from further exposure, and notification of the employer. Co-operation of employees can be best secured by
a policy of protection of conditions of service in case of medical removal from a particular job.

(h) Evaluation of control. An abnormal finding in an employee, or a pattern of findings in a group of employees, may point
to inadequate primary control of exposure. In such cases the employer needs to be notified of such details of the
medical findings as are necessary to evaluate the workplace problem and take remedial action.
Edited. E&OE 59
 (i) Record keeping. This includes both medical records and exposure information for every employee. While the employer
is responsible for record keeping in terms of regulation 9, the contents of personal medical records may be accessible
to the occupational medicine practitioner, the employee, and any person nominated by the employee in writing.
4.4.2 The onus is on the occupational health practitioner carrying out medical surveillance to be familiar with the latest
scientific information regarding the HCS and tests that might be useful. The aim should be to design a programme that is
rational, ethical and effective. This may have to be done in the face of incomplete information of uncertainty regarding
exposures, toxicity and test performance.

Legal background to exposure limits

5. Two types of occupational exposure limits are defined in regulation 1 of the HCS Regulations. The two types are
occupational exposure limit - control limit (OEL-CL), and occupational exposure limit - recommended limit (OEL-RL), as
listed in Tables 1 and 2 of Annexure 1 (Table 1) (Table 2). The key difference between the two types of limits is that one
OEL-RL is set at a level at which there is no indication of a risk to health; for an OEL-CL, a residual risk may exist and the
level set, takes socio-economic factors into account. Further details are given in paragraphs 8 to 16.

6. Regulation 10 of the HCS Regulations lays down the requirements for the use of an OEL-CL and an OEL-RL for HCS for the
purpose of achieving adequate control. Regulation 10(1) requires that, where there is exposure to a substance for which an
OEL-CL is specified in Table 1 of Annexure 1, the control of exposure shall, so far as inhalation of that substance is
concerned, be treated as adequate only if the level of exposure is reduced so far as is reasonably practicable and in any
case below the OEL-CL.

7. Regulation 10(1) of the HCS Regulations requires that, where there is exposure to a substance for which an OEL-RL has
been approved, the control of exposure shall, so far as inhalation of that substance is concerned, be treated as adequate if-

(a) that OEL-RL is not exceeded; or

(b) where that OEL-RL is exceeded, the employer identifies the reasons for the exceeding of the standard and takes
appropriate action to remedy the situation as soon as is reasonably practicable.

Setting occupational exposure limits

Advisory Council and Standing Technical Committee

8. OEL-RL and OEL-CL are set by the chief inspector on recommendation of the Advisory Council for Occupational Health and
Safety (the Advisory Council), following assessment by the Standing Committee No. 7 (TC7) of the Advisory Council for
Occupational Health and Safety.

9. TC 7 must first consider what type of limit is appropriate, OEL-RL, or OEL-CL, and secondly, at what concentration the limit
should be set. Setting an OEL-RL is the first option to be considered and TC 7 comes to a decision based on a scientific
judgment of the available information on health effects. If, however, TC 7 decides that an OEL-CL is more appropriate,
consideration of the level at which to set the limit passes to the Advisory Council, since it involves socio-economic
judgments, balancing risk to health against the cost and effort of reducing exposure. Following public consultation, new
OEL-CLs and OEL-RLs are listed in Table 1 and Table 2 of Annexure 1 respectively with the approval of the chief inspector.

The indicative criteria

10. An OEL-RL can be assigned to a substance, if all three of the following criteria are complied with:

There is a no-risk at the exposure limit

Criterion 1: The available scientific evidence allows for the identification, with reasonable certainty, of a concentration
averaged over a reference period, at which there is no indication that the substance is likely to be injurious to employees
if they are exposed by inhalation day after day to that concentration.

Likely excursions above the exposure limit are unlikely

Criterion 2: Exposure to concentrations higher than that derived under criterion 1 and which could reasonably occur in
practice, is unlikely to produce serious short or long-term effects on health over the period of time it might reasonably be
expected to take to identify and remedy the cause of excessive exposure.

Compliance is reasonably practicable

Criterion 3: The available evidence indicates that compliance with an OEL-RL, as derived under criterion 1, is reasonably
practicable.

11. A substance which does not meet criteria 1, 2 and 3, can be assigned an OEL-CL and must meet either of the following
criteria:

Criterion 4: The available evidence on the substance does not satisfy criterion 1 and/or 2 for an OEL-RL and exposure to
the substance has, or is liable to have, serious health implications for workers; or

Criterion 5: Socio-economic factors indicate that although the substance meets criteria 1 and 2 for an OEL-RL, a
numerically higher value is necessary if the controls associated with certain uses are to be regarded as reasonably
practicable.

Setting an OEL-RL

Edited. E&OE 60
12. Criterion 1 sets out the fundamental basis for establishing such a limit: The existence of a threshold above which there
may be evidence of significant effects on health but below which, on existing knowledge, there are thought to be no
adverse effects.

13. Criterion 2 is necessary in order to take account of HCS Regulation 10(1) of the HCS Regulations whereby exposures
above an OEL-RL are allowed provided the employer identifies the reasons for exceeding the standard and takes steps to
reduce exposure to that OEL-RL as soon as is reasonably practicable. Clearly, it is necessary to take account of the
likelihood and probable extent of cases in deciding whether an OEL-RL is appropriate. The health effects to be taken into
account include sensory and other effects such as the slowing of reflexes which might result in the impairment of safety.

14. Criterion 3 takes account of whether industry can reasonably comply with the exposure limit derived under the first
criterion. There is no purpose in setting an OEL-RL which plainly cannot be achieved in practice. Note that industry's ability
to comply, influences the decision of whether to set an OEL-RL, but does not influence the level at which that OEL-RL is
set.

Setting an OEL-CL

15. To be assigned an OEL-RL, a substance must meet all the first three criteria; if it does not, then it can be considered for an
OEL-CL. To be assigned an OEL-CL, there should be serious implications for the health of workers exposed to the
substance. Serious health implications include both the risk of serious health effects to a small population of workers and
the risk of relatively minor health effects to a large population. In practice, an OEL-CL has been most often allocated to
carcinogens and to other substances for which no threshold of effect can be identified and about which there is no doubt
about the seriousness of the effects of exposure.

16. An OEL-CL and an OEL-RL, therefore, differ not only in their legal status, but also in the way in which they are set. For an
OEL-RL the only consideration in setting the limits is the protection of the health of the employee; for an OEL-CL this is
still the primary consideration but socio-economic factors are also taken into account.

17. The indicative criteria, than, provide the framework within which the discussions at the various stages of limit-setting can
be conducted.

Applying occupational exposure limits

General

18. The lists of occupational exposure limits given in Table 1 and Table 2 of Annexure 1, unless otherwise stated, relate to
personal exposure to substances hazardous to health in the air of the workplace.
Units of measurement

19. In occupational exposure limits, concentrations of gases and vapours in air are usually expressed in parts per million
(ppm), a measure of concentration by volume, as well as in milligrams per cubic metre of air (mg/m³), a measure of
concentration by mass. In converting from ppm to mg/m³ a temperature of 25°C and an atmospheric pressure of 101.325
kPa are used. Concentrations of airborne particles (fume, dust, etc.) are usually expressed in mg/m³. In the case of dust,
the limits in the tables refer to the total inhalable fraction unless specifically indicated as referring to the respirable
fraction (see paragraph 36). In the case of a man-made mineral fibre, the limit is expressed as fibres per millilitre of air
(fibres/ml).

Occupational exposure limits - control limits: OEL-CL (table 1)

20. An OEL-CL is the maximum concentration of an airborne substance, averaged over a reference period, to which employees
may be exposed by inhalation under any circumstances, and is specified together with the appropriate reference period in
Table 1 of Annexure 1.

21. Regulation 19(1) of the HCS Regulations, when read in conjunction with the Act, imposes a duty on the employer to take
all reasonable precautions and to exercise all due diligence to ensure that exposure is kept as far below an OEL-CL as is
reasonably practicable.

22. To comply with this duty, in the case of substances with a 8-hour reference period, employers should undertake a
programme of monitoring in accordance with regulation 6 so that they can show (if it is the case), that an OEL-CL is not
exceeded. Such a monitoring programme need not be undertaken if the assessment carried out in accordance with
regulation 5 shows that the level of exposure is most unlikely ever to exceed an OEL-CL. For substances assigned a short-
term limit, such value should never be exceeded.

23. The assessment should also be used to determine the extent to which it is reasonably practicable to reduce exposure
further below an OEL-CL as required by regulation 10(1) In assessing reasonable practicability, the nature of the risk
presented by the substance in question should be weighed against the cost and the effort involved in taking measures to
reduce the risk. (Also see the definition of reasonably practicable as defined in the Act.)

Occupational exposure limit-recommended limit: OEL-RL (Table 2)

24. An OEL-RL is the concentration of an airborne substance, averaged over a reference period, at which, according to current
knowledge, there is no evidence that it is likely to be injurious to employees if they are exposed by inhalation, day after
day, to that concentration.

25. For a substance, which has been assigned an OEL-RL, exposure by inhalation should be reduced to that standard.
However, if exposure by inhalation exceeds the OEL-RL, then control will still be deemed to be adequate provided that the
employer has identified why the OEL-RL has been exceeded and is taking appropriate steps to comply with the OEL-RL as
soon as reasonably practicable. In such a case, the employers objective must be to reduce exposure to the OEL-RL, but
the final achievement of this objective may take some time. The assessment under regulation 5 will determine the
Edited. E&OE 61
 urgency of the necessary action, taking into account the extent and cost of the required measures in relation to the nature
and degree of exposure involved.

26. Control of an OEL-RL as prescribed in regulation 10 (1) (a) can always be regarded as adequate control of that substance
for the purpose of the HCS Regulations, so far as exposure from inhalation is concerned. However, due to the variations in
process control and the fluctuations in substance concentrations in the workplace, it will be prudent for employers to
reduce exposure below an OEL-RL as to ensure that the exposure of all employees does not exceed that OEL-RL. Similarly,
it is not intended that the statutory requirements under regulation 10 (1) should discourage the further application of good
occupational hygiene principles in order to reduce exposure below the OEL-RL.

Long-term and short-term exposure limits

27. The pattern of effects due to exposure to substances hazardous to health varies considerably depending on the nature of
the substance and the exposure. Some effects require prolonged or accumulated exposure. The long-term (8-hour time
weighted average) exposure limit is intended to control such effects by restricting the total intake by inhalation over one
or more workshifts. Other effects may be seen after brief exposures which have occurred once or repeatedly. Short-term
limits (usually 15 minute) may be applied to such substances. Where long-term limits also apply, the short-term limits
restrict the magnitude of excursion above the average concentration during longer exposures. For those substances for
which no short-term limit is specified, it is recommended that a figure of three times the long-term limit be used as a
guideline for controlling short-term excursions in exposure. With some other substances, brief exposure may be critical
and the exposure limit necessary to prevent these excursions will also control any other effects. A separate long-term limit
is not considered necessary in such cases and the short-term limit applies throughout the shift.

28. Exposure limits are expressed as airborne concentrations averaged over a specified period of time. The period for the long-
term limit is normally eight hours. When a different period is used, this is stated. The averaging period for the short-term
exposure limit is normally 15 minutes. Such a limit applies to any 15 minute period throughout the working shift.

Limitations to the application of exposure limits

29. The exposure limits relate to personal exposure with the exception of the annual OEL-CL for vinyl chloride which should be
recorded as the time-weighted average of vinyl chloride in the atmosphere of a working place over a period of one year
(see Annexure 2) and the OEL-RL for cotton dust is not a personal exposure standard, but a static air standard (see
Annexure 4).

30. The limits cannot readily be extrapolated to evaluate or control non-occupational exposure, e.g. levels of contamination in
the neighbourhood close to an industrial plant. OELs only apply to persons at work. Employers should also take into
account their duties under the Environmental Protection Act. The OELs are also only approved for use where the
atmospheric pressure is between 85 kPa and 101.325 kPa. This covers the normal range of meteorological variations and
slightly pressurised workplaces such as cleaning rooms, but not the higher pressures that may be encountered in, for
example, tunnelling or underwater hyperbaric chambers. Such situations require special assessments.

31. Occupational exposure limits, as set out in Tables 1 and 2 of Annexure 1, are intended to be used for normal working
conditions in workplaces. Employers should also take into account their duties and the provisions of the Environmental
Conservation Act. OELs are not, however, designed to deal with serious accidents or emergencies, particularly where
employees may be exposed to rapidly rising concentrations of gas, as may arise from a major escape due to plant failure.
Over and above their responsibilities to ensure that the requirements of the HCS Regulations are met, employers also
have a clear responsibility to ensure that the plant is designed, operated and maintained in a way that avoids accidents
and emergencies. Where appropriate, detection, alarm and response measures should be used in order to minimise the
effect of any such unplanned events.

32. To help maintain adequate operational control, employers may find it helpful to select their own indicators of control when
undertaking investigations or corrective action.

Exposure in mines

33. The HCS Regulations and the occupational exposure limits in this publication do not apply to exposure to substances
hazardous to health in mines.

Lead and asbestos

34. Work with asbestos or lead is not subject to the HCS Regulations. The exposure limits for various types of asbestos and
lead are specified in the Asbestos Regulations and the Lead Regulations.

Pesticides

35. Substances used as active ingredients in pesticides are listed under their chemical names and/or their common (ISO)
names. These names may sometimes be used as parts of the names of proprietary pesticide formulations. In all cases the
exposure limit applies to the specific active ingredients and not to the formulation as a whole.

Dusts

36. The general approach necessary to control occupational exposure to dusts is as follows: not all dusts have been assigned
occupational exposure limits but the lack of such limits should not be taken to imply an absence of hazard. In the absence
of a specific exposure limit for a particular dust, exposure should be adequately controlled. Where there is no indication of
the need for a lower value, personal exposure should be kept below both 10 mg/m³ 8-hour time-weighted average total
inhalable dust and 5 mg/m³ time-weighted average respirable dust. Such, or greater, dust concentrations should be taken
as the substantial concentrations. A substantial concentration of dust should be taken as a concentration of 10 mg/m³, 8-

Edited. E&OE 62
 hour time-weighted average, of respirable dust, where there is no indication of the need for a lower value, and as such
they are referred to as substances hazardous to health.

Total inhalable dust and respirable dust

37. Total inhalable dust approximates to the fraction of airborne material that enters the nose and mouth during breathing and
is therefore available for deposition in the respiratory tract. Respirable dust approximates to the fraction which penetrates
to the gas exchange region of the lung. A fuller definition is given at the end of Table 2 of Annexure 1 (Abbreviations).

38. Where dusts contain components which have their own assigned occupational exposure limits, all the relevant limits should
be complied with.

Fume

39. Where a separate OEL has been set for fume, it should normally be applied to solid particles generated by chemical
reactions or condensed from the gaseous state, usually after volatilisation from melted substances. The generation of
fume is often accompanied by a chemical reaction such as oxidation or thermal breakdown.

Absorption through the skin

40. In general, for most substances the main route of entry into the body is by inhalation. The OELs given in these regulations
solely relate to exposure by this route. Certain substances such as phenol, aniline and certain pesticides (marked in the
Tables with an SK notation) have the ability to penetrate the intact skin and thus become absorbed into the body.
Absorption through the skin can result from localised contamination, for example, from a splash on the skin or clothing, or
in certain cases from exposure to high atmospheric concentrations of vapour. Serious effects can result in little or no
warning and it is necessary to take special precautions to prevent skin contact when handling these substances. Where the
properties of the substances and the methods of use provide a potential exposure route via skin absorption, these factors
should be taken into account in determining the adequacy of the control measures.

Sensitisers

41. Certain substances may cause sensitisation of the respiratory tract if inhaled or skin contact occurs. Respiratory sensitisers
can cause asthma, rhinitis, or extrinsic allergic alveolitis. Skin sensitisers cause allergic contact dermatitis. Substances
which cause skin sensitations are not necessarily respiratory sensitisers or vice-versa. Only a proportion of the exposed
population will become sensitised, and those who do become sensitised, will not have been identified in advance.
Individuals who become sensitised may produce symptoms of ill health after exposure even to minute concentrations of
the sensitiser.

42. Where it is reasonably practicable, exposure to sensitisers should be prevented. Where this cannot be achieved, exposure
should be kept as low as is reasonably practicable and activities giving rise to short-term peak-concentrations should
receive particular attention. As with other substances, the spread of contamination by sensitisers to other working areas
should also be prevented, as far as is reasonably practicable.

43. The Sen notation (marked in the Tables with a Sen notation) has been assigned only to those sensitisers that may cause
sensitisation by inhalation. Remember that other substances not contained in these Tables can act as respiratory
sensitisers.

Other factors

44. Working conditions which impose additional stress on the body, such as exposure to ultra-violet radiation, high
temperatures, pressures and humidity, may increase the toxic response to a substance. In such cases, specialist advice
may be necessary to evaluate the effect of these factors.

Mixed Exposures
General

45. The majority of OELs listed in Tables 1 and 2 of Annexure 1 are for single compounds or for substances containing a
common element or radical, e.g. tungsten and compounds, and isocyanates. A few of the limits relate to substances
commonly encountered as complex mixtures or compounds e.g. white spirit, rubber fume, and welding fume. However,
workers are frequently subject to other mixed exposures involving solids, liquids, aerosols or gases. These exposures can
arise as a result of work with materials containing a mixture of substances, or from work with several individual
substances, simultaneously or successively, in a workshift. Mixed exposures require careful assessment of their health
effects and the appropriateness of control standards. The following paragraphs provide a brief summary of the advice on
the application of exposure limits in these circumstances. In all cases of doubt, specialist advice should be sought.

Effects of mixed exposures

46. The ways in which the constituent substances of a mixed exposure interact, vary considerably. Some mixed exposures
involve substances that act on different body tissues or organs, or by different toxilogical mechanisms, these various
effects being independent of each other. Other mixtures will include substances that act on the same organs, or by similar
mechanisms, so that the effects reinforce each other and the substances are additive in their effect. In some cases the
overall effect is considerably greater than the sum of the individual effects and the system is synergistic. This may arise
from mutual enhancement of the effects of the constituents or because one substance potentiates another, causing it to
act in a way which it would not do alone.

Assessment and control

Edited. E&OE 63
47. With All types of mixed exposures, it is essential that assessments be based on the concentrations of each of the
constituents in air to which workers are exposed. Depending on the nature of the constituents and the circumstances of
use, the relative concentrations of the constituents in air may differ considerably from those in the liquid or solid source
material. The composition of the bulk material should not be relied on for assessment unless there is good evidence for
doing so.

48. Where mixed exposures occur, the first step is to ensure adequate control of exposure for each individual substance.
However, the nature and amount of the other substances in a mixture can influence the level to which it is reasonably
practicable to reduce exposure to a substance subject to an OEL-CL. When limits for specific mixtures have been
established, they should be used only where they are applicable, and in addition to any relevant individual limits. They
should not be extended to inappropriate situations. It is then necessary to assess whether further control is needed to
counteract any increased risk from the substances acting in conjunction. Expert assessments for some particular mixed
exposures may be available and can be used as guidelines in similar cases. In other cases, close examination of the
toxicological data will be necessary to determine which of the main types of interaction (if any) are likely for the particular
combination of substances concerned. The various types should be considered in the following order:

(a) Synergistic substances: Known cases of synergism and potentiation are considerably less common than the other
types of behaviour in mixed exposures. However, they are the most serious in their effects and require the most
strict control. They are also the most difficult to assess and wherever there is reason to suspect such interaction,
specialist advice should be obtained;

(b) Additive substances: Where there is reason to believe that the effects of the constituents are additive, and where the
exposure limits are based on the same health effects, the mixed exposure should be assessed by means of the
formula-

here C1, C2, etc. are the time-weighted average (TWA) concentrations of constituents in air and L1, L2, etc are the
corresponding exposure limits. The use of this formula is only applicable where the additive substances have been
assigned OELs, and L1, L2, etc. relate to the same reference period in the list of approved OELs. Where the sum of
the C/L fractions does not exceed one, the exposure is considered not to exceed the national OELs. If one of the
constituents has been assigned an OEL-CL, then the additive effect should be taken into account in deciding the
extent to which it is reasonably practicable to further reduce exposure; and
(c) Independent substances: Where no synergistic or additive effects are known or considered likely, the constituents can
be regarded as acting independently. It is then sufficient to ensure compliance with each of the OELs individually.

49. The above steps provide basic protocol for assessment of mixed exposures. It is open to persons responsible for control of
exposure to treat all non-synergistic systems as though they were additive. This avoids the need to distinguish additive
and independent systems and can be regarded as the most prudent course, particularly where the toxicity data are scarce
or difficult to assess.

Monitoring mixed exposure

50. Further information on monitoring airborne contaminants is given in paragraphs 52 and 53. The number of components of
a mixed exposure for which routine air monitoring is required, can be reduced if their relative concentrations can be shown
to be constant. This involves the selection of a key or marker, which may be one of the constituents, as a measure of the
total contamination. Exposure to the marker is controlled at a level selected so that exposures to all components will be
controlled in accordance with the criteria in paragraphs 48(a) and (b). However, if one of the components has been
assigned an OEL-CL, the level of the exposure to that substance should always be reduced as far as is reasonably
practicable. If this approach is to be used, it should take place under the guidance of suitable specialist advice.

Complicating factors

51. Several factors that complicate the assessment and control of exposure to individual substances will also affect cases of
mixed exposures and will require similar special consideration. Such factors include-

(a) exposure to a substance for which there is no established limit or for which an OEL-CL has been set;

(b) the relevance of factors such as alcohol, medication, smoking and additional stresses;

(c) exposure of the skin to one or more substances that can be absorbed by this route, as well as by inhalation; and

(d) substances in mixture may mutually affect the extent of their absorption, as well as their health effects, at a given
level of exposure.

Monitoring exposure

52. Regulation 5 (4) of the HCS Regulations imposes a duty on the employer to monitor the exposure of employees to
substances hazardous to health.

53. Details of routine sampling strategies for individual substances are outside the scope of this document. However, advice is
available in EH 42, which provides practical guidance on monitoring substances hazardous to health in air.

Edited. E&OE 64
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Edited. E&OE 65
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CONTENTS • INHOUD
Page Gazette
No.
No. No.

GOVERNMENT NOTICES

Labour, Department of

Government Notices
R. 84 Occupational Health and Safety Act (85/1993): Construction Regulations, 2014 ......................................................... 3 37305
R. 85 do.: do.: .......................................................................................................................................................................... 57 37305

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STAATSKOERANT, 7 FEBRUARIE 2014 No. 37305 3

GOVERNMENT NOTICES

DEPARTMENT OF LABOUR
No. R. 84 7 February 2014

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Definitions

1. In these Regulations any word or expression to which a meaning has been assigned in
the Act shall have the meaning so assigned and, unless the context otherwise indicates-

"agent" means a competent person who acts as a representative for a client;

"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;

"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;

"client" means any person for whom construction work is being performed;

"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
(b) is familiar with the Act and with the applicable regulations made under the Act;

"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;

"construction site" means a work place where construction work is being performed;

"construction supervisor" means a competent person responsible for supervising construction

activities on a construction site;

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"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;

"construction work" means any work inconnection 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 ;

"construction work permit" means a document issued in terms of regulation 3;

"contractor" means an employer who performs construction work;

"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;

"design" in relation to any structure, includes drawings, calculations, design details and
specifications ;

"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;
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"excavation work" means the making of any man-made cavity, trench, pit or depression formed
by cutting, digging or scooping;

"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;

"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;

"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;

"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;

"fall risk" means any potential exposure to falling either from, off or into;

"health and safety file" means a file, or other record containing the information in writing
required by these Regulations;

"health and safety plan" means a site, activity or project specific documented plan in
accordance with the client's health and safety specification;

"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;

"material hoist" means a hoist used to lower or raise material and equipment, excluding
passengers;
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"medical certificate of fitness" means a certificate contemplated in regulation 7(8);

"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;

"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;

"person day" means one normal working shift of carrying out construction work by a person on
a construction site;

"principal contractor" means an employer appointed by the client to perform construction work;

"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);

"Professional Technologist" means a person holding registration as a Professional

Engineering Technologist in terms of the Engineering Profession Act, 2000;

"provincial director" means the provincial director as defined in regulation 1 of the General
Administrative Regulations, 2003;

"scaffold" means a temporary elevated platform and supporting structure used for providing
access to and supporting workmen or materials or both;

"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;

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"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,
decommissioni ng or dismantling and where any construction work involves a risk of a person
falling;

"suspended platform" means a working platform suspended from supports by means of one or
more separate ropes from each support ;

"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;

"the Act" means the Occupational Health and Safety Act , 1993 (Act No. 85 of 1993);

"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.

Scope of application

2. (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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Application for construction work permit

3. (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 1800 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.

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(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.

Notification of construction work

4. (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

Duties of client

5. (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);

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(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;
(ij 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;
(Q 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;
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(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 repre>entative, 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.
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(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.

Duties of designer

6. (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;

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(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;
(j) 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.

(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.

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Duties of principal contractor and contractor

7. (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;

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(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.

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(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.
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(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.

Management and supervision of construction work

8. (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).

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(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

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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.

Risk assessment for construction work

9. (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.

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(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.

Fall protection

10. (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;
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(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;
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(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.

Structures

11. (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;

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(d) the records of inspections and maintenance are kept and made available on
request to an inspector.

Temporary works

12. (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;

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(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;
(ij 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);
(Q 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.

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Excavation

13. (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
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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,

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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
(lj must cause warning signs to be positioned next to an excavation within which or
where persons are working or carrying out inspections or tests.

Demolition work

14. (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;

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(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.

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(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 1O February 2002.

(1O) 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.

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Tunneling

15. No person may enter a tunnel, which has a height dimension of less than 800 millimetres.

Scaffolding

16. (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.

Suspended platforms

17. (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-
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(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;

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(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;

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(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 11O 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.

(1O) 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.

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(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.

Rope Access Work

18. (1) A contractor must-

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(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.

Material hoists

19. (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-

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(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 2100
millimetres from the ground or floor level; and
(c) provided with a door or gate at least 2100 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.
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(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;
(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.

Bulk mixing plant

20. (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-

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(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.

Explosive actuated fastening device

21, (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.

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(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.

Cranes

22. 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;
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(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.

Construction vehicles and mobile plant

23. (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
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(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.

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Electrical installations and machinery on construction sites

24. 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.

Use and temporary storage of flammable liquids on construction sites

25. 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;
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(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.

Water environments

26. (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.

Housekeeping and general safeguard ing on construction sites

27. 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;
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(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.

Stacking and storage on construction sites

28. 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.

Fire precautions on construction sites

29. 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-
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(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;
(ij 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;
(lj 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.

Construction employees' facilities

30. (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

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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.

Construction health and safety technical committee

31. (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

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(ij 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 01 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
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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.

Approved Inspection Authority

32. (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.

Offences and penalties

33. 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.

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Repeal of regulations and commencement

34. (1) The Construction Regulations, 2003, promulgated by Government Notice No. R.
101O 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.

Short title

35. These Regulations are called the Construction Regulations, 2014.

C:onstmc.tion RP-011l Minn 201 4

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STAATSKOERANT, 7 FEBRUARIE 2014 No . 37305 61

ANNEXURE 1

APPLICATION FOR A PERMIT TO DO CONSTRUCTION WORK

[In terms of Regulation 3(2) of Construction Regulations, 201 4]

This application must be submitted with the following documents:

1. Health and Safety specification.
2. Health and Safety plan.
3. Baseline risk assessment.

1. Name, postal address and telephone numbers of the client:

2. Details of the Agent.

a. Title, Surname and Initials.--------------------
b. Identity number/ Passport Number _
c. Registration number with SACPCMP _

d. Office Tel. number and/or Mobile number

--------------
e. Postal address.
------------------------

3. Name, postal address and telephone numbers of the appointed principal contractor:

4. Name, postal address and telephone numbers of designer of the project:

5. Name, postal address and telephone numbers of the following persons:

a. Construction Manager:

b. Construction Health and Safety Manager:

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c. Construction Health and Safety Officer:

6. Exact physical address of the construction and site office:

7. Nature of construction work:

8. Expected commencement date:

9. Expected completion date:

10. Estimated maximum number of persons on the construction site:

11. Planned number of contractors on site accountable to principal contractor:

12. Name(s) of contractors appointed:

13.
Signature of Client/Client's Agent

14.
Si nature of the Princi al Contractor
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STAATSKOERANT, 7 FEBRUARIE 2014 No . 37305 63

FOR OFFICE ONLY

Authorization LABOUR CENTRE OFFICIAL APPROVAL

STAMP
/Unique No.

15. Date of application:

16. Submitted documents prescribed in Construction Regulation 5(4) (Please Tick ,/):

I CR 5(1)(a) I CR 5(1)(b) I CR 5(1);

I (C-S} I I

17. Result of the application (Please Tick "\/): I Approved I I Declined I

18. Reason for declining the application:

19.
Signature of the Supervisor

20.
Signature of revoking Officer/ Inspector

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64 No. 37305 GOVERNMENT GAZETTE, 7 FEBRUARY 2014

ANNEXURE 2

OCCUPATIONAL HEALTH AND SAFETY ACT, 1993

(Regulation 4 of the Construction Regulations, 2014)

NOTIFICATION OF CONSTRUCTION WORK

1.(a) Name and postal address of principal contractor:

(b) Name and tel. no of principal contractor's contact person:

2. Principal contractor's compensation registration number:

3.(a) Name and postal address of client:

(b) Name and tel. no of client's contact person or agent:

4.(a) Name and postal address of designer(s) for the project:

(b) Name and tel. no of designer(s) contact person:

5. Name and telephone number of principal contractor's construction supervisor on site

appointed in terms of regulation 8(1).

6. Name/s of principal contractor's sub-ordinate supervisors on site appointed in terms of

regulation 8(2).

Construction Regulation 2014

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STAATSKOERANT, 7 FEBRUARIE 2014 No. 37305 55

7. Exact physical address of the construction site or site office:

8. Nature of the construction work:

9. Expected commencement date: -----------------

10. Expected completion date:------------------
11. Estimated maximum number of persons on the construction site.
Total: Male: Female:--------
12. Planned number of contractors on the construction site accountable to principal
contractor: -------
13. Name{s) of contractors already selected.

Principal Contractor Date

Client's Agent (where applicable) Date

Client Date

• THIS DOCUMENT IS TO BE FORWARDED TO THE OFFICE OF THE DEPARTMENT

OF LABOUR PRIOR TO COMMENCEMENT OF WORK ON SITE.

Construction Regulation 2014

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Medical Certificate of Fitness

Name of Employee ID Number Co. Number ---

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* The Employer to complete the information ln the spaces marked with .an * before sending the Employee for a medical examination ::t>

Declaration by the Medic.al Examiner: N

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Icertify that I have, by examinaUon and testi11g, usin;g thie above criteria specified by the employer,. satided myself that the a·bovementloned
ernpbyee is fit to perform the duHes as described by the employer iri the matr x above.

Si·g:n-ature .,,.•.,.•...- --- -·

- --- ---· --- PrS;ctice Number:
- -·------· ---------·
- - Date:·
-·--·
- -- .,.- --
.Address:
 Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998

STAATSKOERANT, 7 FEBRUARIE 2014 No. 37305 57

No. R. 85 7 February 2014

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Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998

58 No. 37305 GOVERNMENT GAZETTE, 7 FEBRUARY 2014

Registration Rules for Construction Health and Safety Manager (CHSM) in Terms of Section
18.(1) (c) of the Act, (Act No.48 of 2000), as published on 31 May 2013 in the Government
Gazette, Gazette No. 36525, Board Notice 114 of 2013 for commencement 1 August 2013.

3. Construction Health and Safety Officer {CHSO)

Registration Rules for Construction Health and Safety Officer (CHSO) in Terms of Section
18(1) (c) of the Act, (Act No.48 of 2000), as published on 31 May 2013 in the Government
Gazette, Gazette No. 36525, Board Notice 113 of 2013 for commencement 1 August 2013

Thobile Lamati
Chief Inspector

Construction Regulation 2014

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37305—1
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