- NO.
85
OF
1993:
OCCUPATIONAL
HEALTH
AND
SAFETY
ACT
-
- STATUTES
OF
THE
REPUBLIC
OF
SOUTH
AFRIC-AMINES,
WORKS
AND
FACTORIES NO.
85
OF
1993:
OCCUPATIONAL
HEALTH
AND
SAFETY
ACT
[ASSENTED
To
23
JUNE,
1993]
-
- [DATE
OF
COMMENCEMENT:
1
JANUARY,
1994]
(Unless
otherwise
indicated)
(English
text
signed
by
the
State
President)
-
as
amended
by
-
Occupational
Health
andSafety
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.
-
- 1.
Definitions.-(1)
In
this
Act,
unless
the
context
otherwise
indicate-s
-
- "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,
xecreta
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
orpart
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
officeracting
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;
-
- "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
underthe
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
Reltaions
Act,
1956
(Act
No.
28
of
1956);
-
- [Definition
of
"employers'
organization"
inserted
by
s.
1
(a)
of
Act
No.
-
181
of
1993.]
-
"employment"
or
"employed"
means
employment
or
employed
as
an
employee;
"explosives"
means
any
substance
orarticle
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
purposeosf
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
sectino24
(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
orafter
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
particualr
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
ilsted
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
estalbished
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
coenrvting
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
installatio-n
-
- (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
producde,
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
plannde
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
personwho
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
Aifcran
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"
measn
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
equilveant
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
regluation;
-
"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
havnig
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
probabilitythat
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;
-
"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
occurrin-g
-
- (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);
-
[Definition
of
"trade
union"
inserted
by
s.
1
(b)
of
Act
No.
181
of
1993.] "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
contlroover
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
sel-femployed
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
sel-femployed
person
is
deemed
to
be
at
work during
such
time
as
he
devotes
to
work
as
a
sel-femployed
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
ppuorses
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
o-f
-
(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,
whethre
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
persopnresent
on
or
in
any
such
mine,
mining
area,
works,
ship,
boat
or
crane.
-
- 2.
Establishment
of
Advisory
Council
for
Occupational
Health
and
Safet-y.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
sucrhesearch
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
concernin-g
-
- (i)
the
formulation
and
publication
of
standards,
specifications
or other
forms
of
guidance
for
the
purpose
of
assisting
employers,
employees
and
users
to
maintain
appropriate
standards
of
occupational
health
nad
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
teh
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
Depratment;
-
(c)
the
Workmen's
Compensation
Commissioner,
or
his
nominee;
-
- (d)
one
person
nominated
by
the
Minister
for
National
Health
and
-
Welfare;
-
- (e)
one
person
nominated
by
the
Minister
of
Mineral
and
Energy
Affairs;
-
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;
-
- (Para.
(f)
substituted
by
s.
2
of
cAt
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
ActNo.
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
whowas
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
ilnucding
(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
-
- ocmmittee
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
direc-t
-
- (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
gui-dleines
concerning
the
contents
of
the
policy
concerned.
-
- (3)
An
employer
shall
prominently
display
a
copy
of
the
poclyi
-
- 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
si
environment
-
- reasonably
practicable,
a
working
- 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
includeniparticular-
-
- (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,
storedor
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,
articl,e
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
iussed
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
sel-femployed
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 creates
a
risk
to
health
when
properly
used.
-
- (3)
Any
person
who
manufactures,
imports,
sells
or
supplies
any
substanceorf
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
taht
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
firstmentioned
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
lsited
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
appl-y
-
- (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
biogical
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
emlpoyee,
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
shal-l
-
(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
atricle
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
takennda
with
respect
to
those
hazards;
-
- observed
(b)
inform
the
health
and
safety
representatives
concerned
beforehand
of
inspections,
investigations
or
formal
inquiries
of
which
he
has
been notified
by
an
inspector,and
of
any
application
for
exemption
made -
by
him
in
terms
of
section
40;
and
-
- (c)
inform
a
health
and
safety
representative
as
soon
as
reasonably
practicable
of
the
occurrence
of
an
incident
in
the
workplace
or section
of
the
workplace
for
which
such
representative
has
been
designated.
-
- 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,
c-ooperate
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
asfety
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
-
- nijury
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
shitf
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
controland
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
20employees
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
specifiederpiod
-
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
Relatiosn
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
ful-ltime
capacity
at
a
specific
workplace
and
who
are
acquainted
with
conditions
and
activities
at
that workplace
or
section
thereof,
as
the
case
may
be,
shall
be
eligible
for designation
as
health
and
safety
representatives
for
that
workplace
or section.
-
- (5)
The
number
of
health
and
safety
representatives
for
a
workplace
or section
thereof
shall
in
the
case
of
shops
and
offices
be
at
least
one
health and
safety
representative
for
every
100employees
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
-
- erpresentatives
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
representaitves
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
healthand
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,
name-ly
-
- (a)
review
the
effectiveness
of
health
andsafety
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)
o(rd),
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
theworkplace,
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
employre:
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
inconsultations
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
healthand
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
inetrms
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
inspectoron
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
healthor
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
committeeas
contemplated
in
subsection
(4),
consult
with
the committee
with
a
view
to
initiating,
developing,
promoting,
maintaining
and reviewing
measures
to
ensure
the
health
and
safety
of
his
employees
at
work.
-
- (2)
A
health
and
safety
committee
shall
conisst
of
such
number
of
members
as the
employer
may
from
time
to
time
determine:
Provided
tha-t
-
(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
amember
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
nad
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
saefty
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
deternmeid
-
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
c-oopt
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
forany
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
heafiled
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
oris
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
thanon
the
conditions
specified
in
the
notice;
-
- (b)
that
no
employe
|
