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

Regulations

Health and Safety of Children at Work Regulations

Schedule 1: Guidelines on risk assessments and plans of safe work procedures regarding permitted work by child workers

3. Application regarding child workers

 

 

1) The provisions on risk assessment apply to children who are allowed to work in terms of the law.

 

2) A child who is under 15 years of age or is subject to compulsory schooling may not be employed as an employee and may not assist any person to carry on their business.

 

3) In terms of the South African Schools Act a child is subject to compulsory schooling until the last school day of the calendar year in which such learner reaches the age of fifteen years or the ninth grade, whichever occurs first.

 

4) An exception to the prohibition on work by younger child workers, referred to in sub-paragraph (2), is that younger children are permitted to work in the performance of advertising, artistic or cultural activities in terms of a permit granted in terms of Sectoral Determination 10: Children in the Performance of Advertising, Artistic and Cultural Activities issued by the Minister of Labour in terms of the BCEA. Employers in these sectors should study the sectoral determination, which can be accessed on www.labour.gov.za.