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

Regulations

Asbestos Regulations, 2001

14. Asbestos that forms part of structure of workplace, building, plant or premises

 

(1) Where asbestos forms part of the structure of a workplace, building, plant or premises, the employer or self-employed person shall—
(a) take reasonable steps to ensure that he or she determines the location of asbestos in such workplace, buildings, plant or premises, where that asbestos is likely to release asbestos dust that could impact on health or pollute the environment;
(b) make and maintain a written inventory of the location of asbestos in such workplace, buildings, plant or premises.

 

(2) An employer shall inform the relevant health and safety representative or relevant health and safety committee in writing of the arrangements made for the identification and location procedure contemplated in subregulation (I), give them reasonable time to comment thereon and ensure that the asbestos inventory is made available to the relevant representative or committee who may comment thereon.

 

(3) The health and safety representative, or a person nominated by the health and safety committee, shall be entitled to take part in the identification and location procedure contemplated in subregulation (1)

 

(4) With regard to any dispute as to whether any substance is in fact asbestos, the health and safety representative or a person nominated by the employees may require that a sample of that substance be taken and the true nature of that substance be determined by an approved asbestos inspection authority: Provided that the cost of the identification shall be prone by the employer

 

(5) The employer or self-employed person shall regularly examine the condition of asbestos recorded in the inventory for deterioration or damage.

 

(6) The employer or self employed person shall asses the risk of exposure to such asbestos as contemplated in subregulation (1) and document the action necessary to ensure that—
(a) Information about the location and condition of material containing asbestos is given to anyone likely to disturb it,
(b) Any material containing asbestos is maintained in a good state of repair and that, where necessary, a planned maintenance programme is implemented,
(c) any material containing asbestos and which may create a risk of exposure because of its state or location is repaired, or if necessary is removed: Provided that, if the removal constitutes demolition work, the asbestos shall be removed in accordance with regulation 21, and
(d) procedures and arrangement are in place so that work that may disturb the material complies with all other requirements of these regulations.