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


Lead Regulations, 2001

10. Records


An employer shall—

(a) keep records of the results of all assessments, air monitoring, medical surveillance reports and maintenance of control measures required by regulations 6, 7 and 8: 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) subject to formal consent in writing of an employee, allow any person to peruse the records of that particular employee;
(d) make the records of all assessments and air monitoring available for perusal by the relevant health and safety representative or health and safety committee;
(e) keep all records of assessments and air monitoring for a minimum period of 40 years;
(f) keep all medical surveillance records for a minimum period of 40 years and if he, she or it ceases activities, hand over or forward by registered post all those records to the relevant provincial director: Provided that those records shall contain at least the following information—
(i) Surname, forename(s), 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 lead and, where relevant, its location, the starting and finishing dates and the average duration of exposure expressed in hours per week;
(iii) a record of any work with lead prior to this employment; and
(iv) dates of medical surveillance reports;
(g) keep record of the tests and investigations carried out in terms of regulation 14(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 4(6) for as long as the employee remains employed at the workplace in which he or she is being exposed to lead.