Occupational Safety And Health Act

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Higher Education Act 2017 (Act No 23 of 2017), Radiation Safety and Nuclear Security Act 2018 (Act No 16 of 2018), Business Facilitation (Miscellaneous Provisions) Act 2019 (Act No 14 of 2019), Occupational Safety and Health (Amendment) Act 2022 (Act No 20 of 2022), Environment Act 2024 (Act No. 3 of 2024).

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Sections

1 Short title
1 Fracture of skull, spine, pelvis, sternum, one or more ribs, inserted by Act No 20 of 2022
2 Interpretation
3 Application of Act
4 Standards and classification systems
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
4A (1) Date of examination inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
5 General duties of employers
6 Special duties of employers
7 Special duty of employers using machinery
7 Special duty of employers using machinery inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
8 Prohibitions regarding young persons
9 Duties of employers regarding Safety and Health Officers
9 (1) Date of examination inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
10 Risk assessment by employer
10 Comments inserted by Act No 20 of 2022
10 Comments inserted by Act No 20 of 2022
10 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
11 Record of risk assessments
11 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
12 Exposure to serious and imminent danger
12 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
13 Persons working in host employer’s or self-employed person’s undertaking
13 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
14 Duties of employees
14 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
15 Complaint to Permanent Secretary
16 Duties of self-employed persons
16 (1) Date of examination inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
17 Duties of designers, manufacturers, importers and exhibitors
18 Posting of abstracts or notices
19 Keeping of documents
20 Duties of Safety and Health Officers
20 Comments inserted by Act No 20 of 2022
PART II: DUTIES AND RESPONSIBILITIES
21 Establishment of Safety and Health Committees
22 Functions of Safety and Health Committees
23 Meetings of Safety and Health Committees
PART IIA: NATIONAL OCCUPATIONAL SAFETY AND HEALTH DEPARTMENT
23A Establishment of National Occupational Safety and inserted by Act No 20 of 2022
23B Objects of Department inserted by Act No 20 of 2022
23C Functions of Department inserted by Act No 20 of 2022
PART III: ADMINISTRATION
24 Powers of Permanent Secretary
25 Power to summon
26 Prosecution
27 Power of Permanent Secretary to make prohibition orders
28 Advisory Council for Occupational Safety and Health
29 Registration and deregistration of Safety and Health Officers
29 Registration and deregistration of Safety and Health inserted by Act No 20 of 2022
PART III: ADMINISTRATION
30 Employment of Safety and Health Officers
31 Deregistration of Safety and Health Officers
32 Boiler and Machinery Inspectors Board
32 Boiler and Machinery Inspectors Board inserted by Act No 20 of 2022
PART III: ADMINISTRATION
33 Registration of machinery and boiler inspectors
33 Registration of Boiler and Machinery Inspectors inserted by Act No 20 of 2022
PART IV: HEALTH AND WELFARE (GENERAL PROVISIONS)
34 Structure of building
35 Cleanliness
36 Overcrowding
37 Ventilation and temperature
38 Lighting
39 Sanitary conveniences
40 Supply of drinking water
41 Washing facilities
42 Accommodation for clothing
43 Seats
44 Facilities for taking of meals
45 Provisions for first-aid
PART V: SAFETY (MACHINERY)
46 Training and supervision of young persons working at dangerous
47 Dangerous machinery
48 Provisions as to unfenced machinery
49 Construction and maintenance of fencing
50 Chains, ropes and lifting tackles
51 Cranes and other lifting machines
52 Vehicle lifts
53 Hoists and lifts
54 Escalators
55 Steam boilers – registration and conditions of use
56 Steam boilers – attachments and construction
57 Steam boilers – maintenance, examination and use
58 Steam receivers and steam containers
59 Air receivers
60 Refrigeration plants
61 Special provisions
62 Duty of inspector to inform employer
63 Abrasive wheels
PART VI: SAFETY (GENERAL PROVISIONS)
64
65 Storage
66 Ladders
67 Substances hazardous to health
68 Other chemicals
69 Precautions with regard to explosive or flammable dust, gas, vapour or
70 Dangerous fumes and lack of oxygen
71 Corrosive substances
72 Gas plants
73 Electrical installations
74 Prevention of fire
75 Safety provisions in case of fire
76 Fire certificate
PART VII: SAFETY AND HEALTH (SPECIAL PROVISIONS)
77 Health surveillance
78 Record of health surveillance
79 Radiation
80 Non-ionising radiation
81 Reduction of noise and vibration
82 Personal protective equipment and clothing
83 Protection of eyes in certain processes
84 Manual handling operations
85 Notification of occupational accidents and dangerous occurrences
86 Notification of occupational diseases
86 Notification of occupational diseases inserted by Act No 20 of 2022
PART VIII: REGISTRATION OF FACTORIES
87 Factory building permit
88 Registration of factories
89 Cancellation of registration
90 Right of appeal
91 Meaning of factory
PART IX: OFFENCES, PENALTIES AND LEGAL PROCEEDINGS
92 Power of Court to make order
93 Officer not to reveal trade secrets
94 Offences
95 Parts of buildings, plants, or equipment let off
96 Special provisions as to evidence
97 Power of Court to modify agreements
98 Power to direct formal investigation
PART X: MISCELLANEOUS
99 Publications
100 Regulations
101 Protection from liability
102 Exemption
105 Transitional provisions
105 Savings and transitional provisions inserted by Act No 20 of 2022
FOURTH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 Description, make and number or mark of the
4 Date of construction
5 Details of test or examination
6
7 Particulars of any defect found which affects the
8 Repairs (if any) required immediately
9 Repairs (if any) required within a specified time
10 Other observations
FIFTH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 Description, make of the hoist or lift
4 Date of construction
5 Name of person or company maintaining and servicing the hoist or lift
6 Maximum working load and in the case of a lift intended for carrying persons, or maximum number
7 Particulars of any defect found which affects the
8 Repairs (if any) required immediately
9 Repairs (if any) required within a specified time
10 Condition of the safety devices required by section 53 (7)
11 Other observations
SIXTH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 (a) Description, type, and make of boiler
4 Date of construction
5 Date of last hydraulic test (if any) and pressure
6
7 Quality and source of feed water
8
9 Date of examination
10 Boiler
11 Fittings and attachments
12 Repairs (if any) required, and period within which
13 Maximum permissible working pressure calculated
14
15 Other observations
16 Date of examination
17 Fittings and attachments
18 Repairs (if any) required, and period within which
19 Other observations
SEVENTH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 Description and make of steam receiver
4
5 Receiver
6 Fittings
7 Repairs (if any) required and period within which
8 Safe working pressure calculated from dimensions
9 Other observations
EIGHTH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 (a) Date of construction (if ascertainable)
4 Description and distinguishing mark of receiver
5 Fittings
6 Repairs (if any) required and period within which
7 Safe working pressure calculated from dimensions
PART II: (Applicable to an air receiver which is not of solid drawn construction)
8
9 Results of examination under normal pressure
10 Other observations
PART III: (Applicable to an air receiver of solid drawn construction which cannot be examined
11 Date of last previous hydraulic test and pressure
12
13 Other observations
TENTH SCHEDULE
1
2
3
4
5 Any work carried out with a hand-held cartridge operated tool, including the
6 The chipping of metal, and the chipping, knocking out, cutting out or cutting
7 The chipping or scurfing of paint, scale, slag, rust or other corrosion from
8 The use of a high-speed metal cutting saw or an abrasive cutting-off wheel
9
10 The handling in open vessels or manipulation of acids, alkalis, corrosive
11 The driving in or on of bolts, pins, collars or similar articles to any structure
12 Injection by pressure of liquids or solutions into buildings or structures or
13
14
15 The use of compressed air for removing swarf, dust, dirt or other particles,
16 Work at a furnace containing molten metal, and the pouring or skimming of
17
18 The operation of coiling wire, and operations connected therewith, where
19
20 Work in the manufacture of glass and in the processing of glass and the
21 Any process involving the use of an exposed electric arc or an exposed
22
23 The cutting, boring, cleaning, surface conditioning, or spraying of material
24
25 Truing or dressing of an abrasive wheel where in either of the foregoing
26 Work with drop hammers, power hammers, horizontal forging machines,
27 The dry grinding of materials or articles by applying them by hand to a
28 The fettling of metal castings, involving the removal of metal, including
29 The machining of metals, including any dry grinding process not elsewhere
30 The welding of metals by an electric resistance process or a submerged
ELEVENTH SCHEDULE
1
2
3
4 The loss of sight of an eye, a penetrating injury to an eye, or a chemical or
5 Either injury (including burns) requiring immediate medical treatment, or loss
6
7
8 Either acute illness requiring medical treatment, or loss of consciousness,
9
10 Any other injury which results in the person injured being admitted into
TWELFTH SCHEDULE
1 The collapse of, the overturning of, or the failure of any load bearing part
2 Explosion, collapse or bursting of any closed vessel, including a boiler or
3
4 An explosion or fire occurring in any plant or place which resulted in the
5 The sudden, uncontrolled release of 500 kilogrammes or more of highly
6
7
8
9 Any incident in which plant or equipment either comes into contact with an
THIRTEENTH SCHEDULE
1
2
3
4
5
6
7
8
9
10
11
12
FOURTEENTH SCHEDULE
1 Diseases caused by agents
2 Diseases by target organ systems
3 Occupational Cancer
4 Other conditions
FIFTEENTH SCHEDULE
1
2
3
4
5
6
7 This paragraph applies to every employer of 100 or more employees or as
8
9
10
SIXTEENTH SCHEDULE
1
2
3
4
5
6 Name(s) of employer(s), address(es) of place(s) of work and number of persons
7 I hereby apply for registration to practise as a Safety and Health Officer at the
8
SEVENTEENTH SCHEDULE
1 Name and address of owner
2 Address of place of work or building
3 Description, make and number of vehicle lift
4 Date of construction
5 Name of person or company maintaining and servicing the vehicle lift
6 (i) Date of last test
7 Maximum working load
8 Particulars of any defect found which affect the
9 Repairs (if any) required immediately
10 Repairs (if any) required within a specified time
11 Condition of the safety devices required by section 52
12 Other observations
NINETEENTH SCHEDULE
1 Name and address of owner
2 Address of place of work or building
3 Description and make of the escalator
4 Date of construction
5 Name of person or company maintaining and servicing the escalator
6 Particulars of any defect found which affects the
7 Repairs (if any) required immediately
8 Repairs (if any) required within a specified time
9 Other observations
TWENTIETH SCHEDULE
1 Name and address of owner
2 Address of place of work
3 Description, make and model of the plant
4 Date of construction
5 Condition of the safety devices required by section 60
6
7 Repairs (if any) required for the continued safe use
8
9 Other observations
10 Maintenance of fire alarm systems Owner