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

Regulations

Health and Safety of Children at Work Regulations

3. Risk assessment

 

 

1) Every employer who employs, or provides work to, a child worker or permits any child worker to work at any place under their control or with any machinery under their control must in respect of such work undertake a risk assessment process which must include at least the following -
a) identifying the risks and hazards to which any child worker may be exposed;
b) analysing and evaluating the risks and hazards that are identified;
c) preparing and implementing -
i) a documented plan of safe work procedures to remove, mitigate, reduce or control the risks and hazards that have been identified; and
ii) a monitoring plan.

 

2) Without limitation to the obligations in terms of sub-regulation (1), an employer must for the purposes of complying with sub-regulation (1) take into account, to the extent that they are relevant to any work, the following factors-
a) the increased biological sensitivity of children to chemicals, biological agents, carcinogens and hormone disruptors;
b) the increased vulnerability of children to sleep disruption;
c) the vulnerability of children to direct and indirect coercion or abuse from any person, particularly when working alone;
d) the relative lack of experience and maturity of children in making safety judgments;
e) the reduced ability of children to adapt to inflexible work routines;
f) the reduced ability of children to perceive dangers correctly;
g) the reduced capacity of children to understand safety messages;
h) whether the design of any machinery, tools, equipment and protective equipment is appropriate for children's stature;
i) the implications of children working at the period when their skeletal structures and bones are still developing;
j) children's physical development in relation to ergonomics, in order to ensure a healthy and safe working environment;
k) the physiological, hormonal and other vulnerabilities of children at puberty.

 

3) In the risk assessment process referred to in sub-regulations (1) and (2), the employer take into account the guidelines provided in Schedule 1 to these regulations.