South Africa: Consolidated Regulations

You are here:  SAFLII >> Databases >> South Africa: Consolidated Regulations >> ENVIRONMENTAL REGULATIONS FOR WORKPLACES

| Noteup

---

ENVIRONMENTAL REGULATIONS FOR WORKPLACES

Download original files

PDF format

RTF format

Last checked: 9 October 2019

OCCUPATIONAL HEALTH AND SAFETY ACT

Act 85 of 1993.

ENVIRONMENTAL REGULATIONS FOR WORKPLACES
[Updated to 7 March 2003]

GoN R2281, G. 10988 (c.i.o 16 October 1987),
GoN R1754, G. 12054 (c.i.o 18 August 1989),
GoN R489, G. 15560 (c.i.o 18 March 1994),
GoN R307, G. 24967 (c.i.o 7 March 2003).

[Editor Note: These Regulations were published in terms of the Machinery and Occupational Safety Act, 1983 (Act 6 of 1983) and are now in force in terms of the Occupational Health and Safety Act 85 of 1993.]

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.

ARRANGEMENT OF REGULATIONS

1. Definitions
2. Thermal requirements
3. Lighting
4. Windows
5. Ventilation
6. Housekeeping
7. ...
8. Precautions against flooding
9. Fire precautions and means of egress
10. Offences and penalties
11. Withdrawal of regulations
12. Short title

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 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;

[“equivalent sound pressure level” subs by “equivalent noise level” by reg 2(b) of GoN R489 in G. 15560.]

“exposed” means exposed whilst at work, and “exposure” has a corresponding meaning;

[“exposed” ins by reg 2(a) of GoN R489 in G. 15560.]

“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;

“heatstroke” means a pathological condition arising from 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 R.2206 of 5 October 1984 and amended by Government Notice R.2131 of 1990;

[“regional director” ins by reg 2(e) of GoN R489 in G. 15560.]

“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 572” ...

[“SABS 572” rep by reg 2(c) of GoN R489 in G. 15560.]

“SABS 1451: Part I” South African Standard. Standard Specification for Hearing Protectors, Part I: Ear muffs;

[“SABS 1451 Part I” ins by reg 2(d) of GoN R489 in G. 15560.]

“SABS 1451: Part II” South African Standard. Standard Specification for Hearing Protectors, Part II: Ear plugs;

[“SABS 1451 Part II” ins by reg 2(d) of GoN R489 in G. 15560.]

‘‘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 =
x₁ t₁ + x₂ t₂ + x₃ t₃ + ...... + x_n t_n
_________________________
t₁ + t₂ + t₃ + ...... + t_n

where x₁, x₂, etc., -are the observed measurements during the corresponding periods t₁, t₂, etc., minutes, and t₁ + t₂ + t₃ + ...... + t_n 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.

[Reg 2(1) subs by reg 2 of GoN R1754 in G. 12054.]

(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:

(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 woollen Balaclava or equivalent;

(iii) fur-lined leather gloves or equivalent;

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

(v) woollen 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 and 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 dry­bulb 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—

(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 specialised 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 work­ place within five metres 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 is such that the hazard of stroboscopic effect 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 luminaries are installed, these are mounted at a height of not less than two metres above floor level and are not aimed between 10 degrees above and 45 degrees 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 metres, 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 metres;

(b) the window sills are not higher and the window heads are not lower than one and a half metres 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 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 measures 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 per cent from atmospheric pressure at sea level.

[Reg 5(3) am by reg 3 of GoN R1754 in G. 12054.]

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 metres 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 of persons who may be struck by falling objects.

7. ...

[Reg 7 subs by reg 3 of GoN R489 in G. 15560; rep by reg 15 of GoN R307 in G. 24967.]

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;

(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 used, 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.

SCHEDULE
ENVIRONMENTAL REGULATIONS FOR WORKPLACES

MINIMUM AVERAGE VALUES OF MAINTAINED ILLUMINANCE (MEASURED ON THE WORKING PLANE UNLESS OTHERWISE INDICATED)

[Sch am by reg 4 of GoN R1754 in G. 12054.]

---