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

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, 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.