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Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Regulations

Major Hazard Installation Regulations, 1993

3. Notification of Installation

 

(1) Every employer, self employed person and user shall notify the chief inspector, provincial director and relevant local government in writing of—
(a) the erection of any installation that will be a major hazard installation, prior to commencement of erection thereof, and
(b) the conversion of any existing installation into a major hazard installation, prior to such conversion.

 

(2) Every employer, self employed person and user shall notify the chief inspector, the local government and the provincial director within 60 days of the promulgation of these regulations of an existing major hazard installation.

 

(3) No employer, self employed person and user shall modify an installation by increasing its storage or production capacity, or altering the process or by effecting any other change that may increase the risk of an existing major hazard d installation, without notifying the chief inspector, relevant local government and provincial director in writing.

 

(4) The information submitted by an employer, self employed person and user in terms of subregulations (1), (2) and (3), shall include—
(a) the physical address of the installation;
(b) the complete material safety data sheets of all substances that resulted in the installation being classified as a major hazard installation;
(c) the envisaged maximum quantity of such substance that may be on the premises at any one time;
(d) the risk assessment of the major hazard installation as contemplated in regulation 5(1);
(e) any further information that may be deemed necessary by an inspector in the interests of the health and safety of the public.

 

(5) Subregulations (1), (2) and (3) shall not apply to rolling stock in transit.

 

(6) An employer, self employed person and user shall advertise the notifications contemplated in subregulations (1), (2) and (3) in at least one newspaper serving the communities in the vicinity of the installation which is to be declared a major hazard installation, a proposed major hazard installation or an existing installation which is to be modified, and by way of notices posted within those communities.

 

(7) Any interested or affected person may make representations in writing to the relevant local government or provincial director within 60 days about an existing major hazard installation or after the erection, conversion, modification of a major hazard installation, if that installation is not acceptable to that person.