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

Regulations

Health and Safety of Children at Work Regulations

12. Offences and penalties

 

 

1) Any person who contravenes or fails to comply with any provision of these regulations shall be guilty of an offence and on conviction shall be liable to a fine or to imprisonment for a period of 12 months and, in the case of an continuing offence, to an additional fine of R200 or to additional imprisonment for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days.

 

2) If a person is convicted of a offence under these regulations, and the action or omissions that constitutes the offence is also a worst form of child labour as defined in regulation 9 of the Regulations on Hazardous Work by Children, made in terms of the Basic Conditions of Employment Act, 1997, the court on convicting that person and determining a sentence must take into account that -
a) that South Africa has ratified Worst Forms of Child Labour Convention, 1999;
b) that the offence constitutes a worst form of child labour in terms of that Convention.