Developmental/Implementation Legislation - Occupational Health and Safety Act

Developmental / Implementation Legislation
Occupational Health and Safety Act

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Occupational Health and Safety Act, No. 85 of 1993

Section 17
Where there are more than 20 employees, the employer must appoint, in writing, a health and safety representative for the workplace, or portions thereof.

Section 19
An employer must establish a Health and Safety Committee in respect of a workplace where two or more Health and Safety Representatives have been appointed.

Section 24(1)
The employer or user of the plant or machinery, as the case may be, must report each incident occurring at work to an inspector within the prescribed period and in the prescribed manner.

Occupational Health and Safety Act, No. 85 of 1993 Explosives Regulations (GNR. 109 of 17 January 2003)

Regulation 4(1)
An employer in respect of any workplace in which explosives are to be used, must apply to the chief inspector in writing for a licence in respect of such workplace.

Regulation 12(1)
The employer must appoint a competent explosives manager for any workplace where explosives are utilised.

Regulation 12(3)
The employer must appoint one or more competent assistants to the explosives manager.

Occupational Health and Safety Act, No. 85 of 1993 Electrical Installation Regulations (GNR. 242 of 06 March 2009)

Regulation 8(1)
Notification must be given to the supplier prior to the commencement of installation work requiring a new or increased supply of electricity.

Occupational Health and Safety Act, No. 85 of 1993 Asbestos Regulations (GNR. 155 of 10 February 2002)

Regulation 3
In the event that asbestos is encountered, an employer must notify the provincial director in writing of any "asbestos work"

Occupational Health and Safety Act, No. 85 of 1993 Construction Regulations (GNR. 84 of 07 February 2014)

Regulation 3(1) (effective 07 August 2015)
The client must apply to the provincial director for a construction work permit at least 30 days prior to the commencement of construction work. There are various sub-duties that need to be complied with in order to submit the application for the permit, including, amongst others, the appointment of a competent and qualified agent, principal contractor(s), designer, construction manager, etc. See also regulation 3(5) in this regard.

Regulation 4(1)
With regard to construction work other than that catered for in Regulation 3, written notification of such construction work must be given to the provincial director at least 7 days prior to such construction work commencing.

Regulation 5(1)(k)
The client must appoint every principal contractor in writing for the project or part thereof on the construction site.

Regulation 5(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.

Regulation 5(5)
Where a construction work permit is required as contemplated in regulation 3 (1), the client must appoint an "agent"

Occupational Health and Safety Act,
No. 85 of 1993
Lift, Escalator and Passenger Conveyor Regulations
(GNR. 828 of 17 September 2010)

Regulation 3(1)
The employer must submit a completed prescribed form prior to installing any new or used lift, escalator or passenger conveyor.

Regulation 3(3)
In the event that a lift does not operate automatically, the user of a lift must appoint a lift operator, who has been instructed on the dangers involved in the operation of a lift.

Regulation 7(1)
The user must appoint a person to examine and maintain a lift.

Occupational Health and Safety Act,
No. 85 of 1993
General Machinery Regulations
(GNR. 1521 of 05 August 1988)

Regulation 2(1)
The employer must appoint a competent person as supervisor of machinery.

Regulation 8
In the event that certain notifiable substances are present on the premises, the employer must notify the divisional inspector of same.

Occupational Health and Safety Act,
No. 85 of 1993
Major Hazard Installation Regulations
(GNR. 692 of 30 July 2001)

Regulation 3(1)
The employer must notify the chief inspector, provincial director and relevant local government in writing of the erection of any "major hazard installation".

Occupational Health and Safety Act,
No. 85 of 1993
General Administrative Regulations
(GNR. 929 of 25 June 2003)

Regulation 8(1)
In the event of an incident occurring (as set out in section 24 of the Occupational Health and Safety Act, No. 85 of 1993), the employer has certain duties to report same in a prescribed manner.

Occupational Health and Safety Act,
No. 85 of 1993
Driven Machinery Regulations (GNR. 295 of 26 February 1998)

Regulation 16(1)
Prior to the operation of any transportation plant, the user thereof must be in the possession of written authorisation from an inspector.

Regulation 16(2)
Prior to the operation of any transportation plant, the user thereof must apply for written authorisation from a divisional inspector.

Occupational Health and Safety Act,
No. 85 of 1993
General Safety Regulations
(GNR. 1031 of 30 May 1986)

Regulation 3(4)
Where there are more than 10 employees at a workplace, a person competent in first aid must be readily available during working hours.

Regulation 5(3)(c)
Where work is done in confined spaces, a person trained in resuscitation must be appointed by the employer.