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


Asbestos Regulations, 2001

16. Records


An employer shall—

(a) keep records of the results of all assessments, air monitoring, medical surveillance reports and the asbestos inventory required by regulations 7, 8, 9 and 14(1)(c), respectively:  Provided that personal medical records shall only be made available to an occupational health practitioner;
(b) subject to paragraph (c), make the records contemplated in paragraph (a), excluding personal medical records, available for inspection by an inspector;
(c) allow any person, subject to formal consent in writing of an employee, to peruse the records with respect to that particular employee;
(d) make the records of all assessments and air monitoring, and the asbestos inventory available for perusal by the relevant health and safety representative or relevant health and safety committee;
(e) keep all records of assessments and air monitoring, and the asbestos inventory for a minimum period of 40 years;
(f) keep all medical surveillance records for a minimum period of 40 years and, if the employer ceases activities relating to asbestos work, shall hand over or forward by registered post all these records to the relevant provincial director: Provided that those records contain at least the following information :
(i) Surname, forenames, gender, date of birth, name of spouse or closest relative and where available, permanent address and postal code;
(ii) a record of types of work carried out with asbestos and, where
(iii) relevant, its location, the starting and ending dates of exposure and average duration of exposure in hours per week;
(iv) a record of any work with asbestos prior to this employment; and
(v) dates of medical surveillance reports;
(g) keep a record of the tests and investigations carried out in terms of regulation 18 (b) and of any repairs resulting from the relevant tests and investigations, and keep that record for at least three years; and
(h) keep a record of training given to an employee in terms of regulation 5(5) for as long as the employee remains employed at the workplace in which he or she is being exposed to asbestos.