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

Explosives Regulations, 2002

12. Supervision of explosives workplace

 

 

1) In order to ensure that the provisions of the Act and these regulations in relation to explosives workplaces are complied with, an employer, self-employed person or user shall, subject to this regulation, in writing appoint a competent and certificated person in a full-time capacity to be explosives manager in respect of every workplace where explosives are being used, tested, stored or manufactured:  Provided that the appointment of an explosives manager shall not exempt the employer, self-employed person or user from any liability or responsibility contemplated in section 16 of the Act.

 

2) The chief inspector of occupational health and safety may, subject to the conditions that he or she may impose, permit an employer or user to appoint more than one person in terms of subregulation (1).

 

3) An employer or user shall appoint one or more persons, who are suitably qualified and experienced, as authorized supervisors to assist the explosives manager appointed in terms of subregulation (1).

 

4) An employer, self-employed person or user shall ensure that –
a) the explosives manager, without derogating from any other duties imposed on him or her by the Act and these regulations –
i) approves in writing the rules, methods, materials, equipment and tools to be used in the danger area;
ii) ensures that ail persons under his or her control are informed of the hazards related to their tasks and are thoroughly trained in safe work procedures, in particular with respect to shock, friction risk of fire, or static electricity, and are familiar with the requirements of these regulations
iii) prescribes all protective clothing and equipment to be used in the danger area: and
iv) ensures that the processes and equipment specified in schedule licences are safe and appropriate for the manufacturing processes envisaged for the workplace.
b) the supervising official, without derogating from any other duties imposed on him or her by the Act and these regulations –
i) is at all times in a position to exercise control over the operations in the danger building;
ii) reports without delay to the explosives manager any plant or equipment under his or her control that has or may have posed a risk:
iii) ensures that all rules implemented in the interest of health and safety are at all times complied with; and
iv) stops all explosives manufacturing or any work involving explosives if he or she becomes aware of any risk posed to the health and safety of persons.