Namibia - 2013

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Sometimes.
  

  • 2.2.1.1 Migrant workers

    No data available.
    

  • 2.2.1.2 Domestic workers

    Remarks / comments: The definition of 'employee' may include domestic workers as the Labour Act refers to employees performing domestic services in S 21(2)(c) and 22(2)(c).

    • Labour Act, 2007 (Act No. 11 of 2007). (S 1(1))

  • 2.2.1.3 Home workers

    No data available.
    

  • 2.2.1.4 Self-employed persons

    No data available.
    

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Agriculture is not excluced from the scope of OSH legislation.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 2(1))

• 2.4.2 Construction

  Summary/citation: Construction is not excluded from the scope of OSH legislation.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 2(1))

• 2.4.3 Services

  Summary/citation: Services are not excluded from the scope of OSH legislation.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 2(1))

• 2.4.4 Public sector

  Summary/citation: This Act shall apply in relation to every employer including the State, and every employee in Namibia.
  (2)Notwithstanding the provisions of subsection (1):
  (a)the provisions of this Act, except the provisions of Part XIII, shall not apply in relation to a person employed as a member of the Namibia Defence Force and the Namibian Police Force;
  (b)the provisions of:
  (i)the Apprenticeship Ordinance, 1938 (Ordinance 12 of 1938);
  (ii)the Merchant Shipping Act, 1951 (Act 57 of 1951); and
  (iii)any law on the employment of persons in the service of the State;
  in so far as any such provisions relate to the remuneration and other conditions of service of persons employed in terms of those provisions, shall, subject to the provisions of subsection (3), not be affected by the provisions of this Act.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 2(2))

• 2.4.5 Other

  Summary/citation: This Act shall apply in relation to every employer including the State, and every employee in Namibia.
  (2)Notwithstanding the provisions of subsection (1):
  (a)the provisions of this Act, except the provisions of Part XIII, shall not apply in relation to a person employed as a member of the Namibia Defence Force and the Namibian Police Force;
  (b)the provisions of:
  (i)the Apprenticeship Ordinance, 1938 (Ordinance 12 of 1938);
  (ii)the Merchant Shipping Act, 1951 (Act 57 of 1951); and
  (iii)any law on the employment of persons in the service of the State;
  in so far as any such provisions relate to the remuneration and other conditions of service of persons employed in terms of those provisions, shall, subject to the provisions of subsection (3), not be affected by the provisions of this Act.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 2(2))

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The law has annexed a list of occupational diseases.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Annexure A. 2(1))

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Yes.
  

  • Employees Compensation Amendment Act, 1995 (No. 5 of 1995) (No. 51 of 1995)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Labour Advisory Council must investigate and advise the Minister in respect of, among others, the national policy on health, safety and welfare at work.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 93(1)(b)(ii))

• 3.1.2 Chairperson and composition

  Summary/citation: The Labour Advisory Council consists of the following individuals appointed by the Minister in accordance with this section: (a) a chairperson, who must be a Namibian citizen; and (b) 12 other members, comprising - (i) four individuals to represent the interests of the State; (ii) four individuals to represent the interests of registered trade unions; and (iii) four individuals to represent the interests of registered employers’ organisations.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 94(1))

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  No data available.
  

• 3.2.2 Governance board constitution and chairmanship

  No data available.
  

• 3.2.3 Source of funding

  No data available.
  

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  No data available.
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: See, for instance, reg. 16 of the Asbestos Regulations мade under the Labour Act 6 of 1992; reg. 8(1) of the Lead Regulations made under the Labour Act 6 of 1992; and reg. 6 Noise Regulations.

  Asbestos Regulations, S 16
  An employer shall ensure that any employee exposed to asbestos fibre shall, to the satisfaction of the Chief Medical Officer of Occupational Health, receive a pre-employment medical examination and,
  depending on the level of exposure, follow-up examinations within a period of three years.
  The employer shall arrange for, and pay the full costs pertaining to the medical examination.

  Lead Regulations, S 8(1)
  An employer shall ensure that an employee is under medical surveillance if the employee is employed in a respirator zone or lead area. The employer shall ensure:
  (a) an initial medical examination is carried out immediately before or within 14 days after a person commences employment, which examination comprises:
  (i) an evaluation of the employee's medical and occupational history;
  (ii) clinical examinations;
  and(iii) analyses of the employee's blood lead, full blood count and other relevant biological tests at the discretion of the appointed occupational health practitioner: Provided that the measurement of blood lead concentrations shall be repeated during the third and the sixth month after the commencement of employment;
  (b) after the expiry of the first six month period of employment, biological monitoring is carried out periodically which shall consist of -
  (i) measurement of blood lead concentration and haemoglobin - including haematocrit for employees exposed to lead, other than tetra-alkyl lead, at intervals as prescribed in the table below: Provided that in the case of females who are capable of procreation all such measurements are carried out at three monthly intervals;
  (ii) clinical examinations or other relevant biological tests at the discretion of the occupational health practitioner.
  (...)

  Noise Regulations, S 6
  An employee regularly employed in an area in which measurements show noise levels in excess of 85 dB(A) should be medically examined on the commencement of employment and after having recovered from a disease involving the ears, and thereafter, depending on the noise level, not less than every three years.
  The employer shall arrange for, and pay the costs relating to, the medical examinations of an employee, which examinations shall include -
  (a) examinations of the ears (drums, Weber test);
  (b) audiometry, including air and bone convection for the frequencies 500 - 8000 Hz.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Employers have an obligation to provide and maintain adequate first aid and other emergency facilities.

  Half a Chapter is dedicated to first-aid requirements. It contains the following provisions:
  228. Application
  229. General requirements
  230. Additional Requirements
  231. First aid station
  232. First aid kit, isolated employees
  233. First aid attendants
  234. Validity of certificate
  235. First aid attendants in specified work situation
  236. First aid room
  237. Transportation of injured employees
  238. Reporting and recording of injuries
  239. Additional requirements
  240. More than one employee at the same site
  241. First aid in mining
  242. Offences and penalties
  Chapter 7 on medical requirements and emergency arrangements (§§ 228-242).

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 30(1)(j), 228-242)

• 4.8.2 Sanitary installations

  Summary / Citation: Employers have an obligation to provide and maintain a workplace and all related facilities in a clean, hygienic and sanitary condition.
  (§ 30(1)(a))

  Change- Rooms
  (1) An employer in a factory shall, to the satisfaction of an inspector, provide and maintain in a good condition separate change-rooms for employees of each sex, which change rooms shall be reasonably accessible and large enough to accommodate all persons employed in the factory at anyone time.
  (2) An inspector may accept other suitable and satisfactory facilities in the place of the facilities in terms of subregulation (1) provided by an employer fulfilling the requirements of that subregulation.
  (3) A change-room shall contain adequate seating in the form of chairs or benches for the maximum number of employees that will use the change room at anyone time.
  (4) An employer of persons engaged in any wet process shall provide facilities for the drying of wet working clothes.
  (5) Change-rooms shall be well lighted and ventilated, and the employer shall cause such rooms to be kept clean.
  (6) No person shall change or store his or her clothing in a factory, except in a change-room, or in such other facilities, provided in terms of this regulation.
  (7) The employer shall not store, or permit to be stored, any goods, tools or materials connected with the factory processes, or waste of any description, in a change-room.
  (8) In factories in which -
  (a) hides or skins;
  (b) wool or mohair;
  (c) hazardous substances; or
  (d) articles of food and drink, are manufactured, prepared or handled, the change-rooms shall not communicate directly with any room in which factory processes are conducted.
  (9) An employer shall -
  (a) provide the windows of a change room with non-transparent glass panes or similar material;
  (b) screen the entrance to a change-room in order to afford privacy; and
  (c) provide a conspicuous sign at the entrance to a change-room to indicate the sex of the persons for whom the use of the changeroom is intended.
  (§ 39)

  Rest-rooms
  (1) In a factory in which five or more females are employed, the employer shall provide and maintain in good condition, a rest-room having a minimum clear floor space of seven square meters, or such greater area as may be required by an inspector, having regard to the number of females employed.
  (2) A female employed in such factory shall be entitled to use the restroom during any interval in her work.
  (§ 40)
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 30(1)(a), 39, 40)

• 4.8.3 Drinking water

  Summary / Citation: Employers have an obligation to provide and maintain an adequate supply of wholesome and cool drinking water.
  (§ 30(1)(f))

  An employer shall -
  (a) make available an adequate supply of clean drinking water for the benefit of his or her employees at their work-place, and in a hot environment the water shall be kept cool and easily accessible; and
  (b) clearly and conspicuously mark as such, the taps or pipes containing water which is not fit for human consumption.
  (§ 46)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 30(1)(f), 46)

• 4.8.4 Rest and eating areas

  Summary / Citation: Employers have an obligation to provide and maintain suitable facilities where employees may take their meals.
  (§ 30(1)(i))

  Dining-rooms
  (3) In any factory in which -
  (a) the sanitary conveniences communicate directly with the changeroom; or
  (b) in the opinion of an inspector, the change-room is not suitable for persons to take a meal therein, the employer shall provide and maintain in good condition, suitable dining rooms where those employees who do not habitually return to their homes during mealintervals may take their meals, unless the rest-room referred to in subregulation (1) or (2) is suitable for such purpose.
  (4) An employer referred to in sub-regulation (3) shall provide tables and chairs in a dining-room for the maximum number of employees who may - use the dining-room at anyone time.
  (5) Rest-rooms and dining-rooms shall, to the satisfaction of an inspector, be well lighted and ventilated, and shall be kept clean.
  (6) No person shall store, or permit to be stored, any goods, tools or materials connected with the factory processes, or waste of any description, in a rest-room.
  (7) In factories in which -
  (a) hides or skins;
  (b) wool or mohair;
  (c) hazardous substances; or
  (d) articles of food or drink, are manufactured, prepared or handled, the rest-rooms and dining rooms shall not communicate directly with any room in which factory processes are conducted
  (§ 40)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 30(1)(i), 40)

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: An employer shall, in consultation with the work-place safety representatives, regularly prepare and review a written policy and programme on the protection of the health and safety of employees.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 3(2))

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: An employer shall, to the satisfaction of an inspector, in relation to the number of employees in his or her employment and in accordance with the safety risk involved for such employees in the execution of their duties -
  (a) appoint a safety officer, who may be the Chief Executive Officer; and
  (b) shall at the request of the inspector, appoint such additional safety officers as the inspector may determine, which safety officers shall be required to monitor and evaluate the employer's compliance with its safety policy, with the Act and with these regulations.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 6(1))

• 5.1.3 Written risk assessment

  Summary/citation: The Regulations do require an employer to investigate and identify the hazards attached to any work that is performed or may be performed by any of his or her employees. However, they do not specify that such an investigation should be in writing or not.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (reg. 2(1)(a))

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: Every employer or person in charge of premises where employees are employed must, without charge to the employees, provide and maintain plant, machinery and systems of work, and work processes, that are safe and without risk to the health of employees.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 39(1)(b))

• 5.1.5 Training and information on risks

  Summary/citation: Every employer must provide every employee in his or her employment, including any person serving an apprenticeship in terms of any law, with training in the tasks that he or she is to perform, including all aspects of health and safety related to such tasks, so as to enable the employee to take reasonable care of his or her own safety and of that of other employees.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 2(3))

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: The employer must, in consultation with the workplace safety representatives, regularly prepare and review a written policy and programme on the protection of the health and safety of employees.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 3(1))

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: An employer has to consult with workplace safety representatives.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 3(1))

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: An employer shall, to the satisfaction of an inspector, in relation to the number of employees in his or her employment and in accordance with the safety risk involved for such employees in the execution of their duties -
  (a) appoint a safety officer, who may be the Chief Executive Officer; and
  (b) shall at the request of the inspector, appoint such additional safety officers as the inspector may determine, which safety officers shall be required to monitor and evaluate the employer's compliance with its safety policy, with the Act and with these regulations.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 6(1))

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The safety officer or officers referred to in this regulation shall be a member of the work-place safety committee and shall take part in all the activities of the committee as a part of his or her duties and functions of employment.
    

    • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg 6(4))

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Summary / Citation: The Labour Advisory Council must investigate and advise the Minister in respect of, among others, national policy on health, safety and welfare at work.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 93(1)(b)(ii))

• 8.1.2 Constitution and chairmanship modalities

  Summary / Citation: The Labour Advisory Council consists of the following individuals appointed by the Minister in accordance with this section: (a) a chairperson, who must be a Namibian citizen; and (b) 12 other members, comprising - (i) four individuals to represent the interests of the State; (ii) four individuals to represent the interests of registered trade unions; and (iii) four individuals to represent the interests of registered employers’ organisations.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 94(1))

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: The employees in a workplace -
  (a) with more than 10 but fewer than 101 employees, are entitled to elect from among themselves at least one health and safety representative; or
  (b) with 101 or more employees, are entitled to elect from among themselves at least one health and safety representative for the first 100 employees in the workplace, and at least one additional representative for each additional 100 employees, or part thereof; However, the employer and the employees or the trade union representing the employees may agree to a greater number of health and safety representatives.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 43)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: Whenever it is necessary to conduct an election for a health and safety representative -
  (a) the election must be conducted in the prescribed manner; and
  (b) the employer must provide any facilities that are reasonably necessary for the purposes of conducting the election.
  A health and safety representative holds office for two years and may stand for re-election.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 43)

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: A health and safety representative is empowered to inspect, at any reasonable time, the workplaces of the employees whom that representative represents.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 44(b))

• 8.4.2 Right to access OSH information

  Summary / Citation: A health and safety representative is empowered to collect information on safety, health and welfare of employees.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S 44(a))

• 8.4.3 Right to be present at interviews

  Summary / Citation: An OSH representative is entitled to attend any inquiry into an accident or other incident at a place where employees represented by him or her areemployed.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 10(1)(f))

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: An OSH representative has the right to receive adequate training to participate in the health and safety training of employees.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 10(1)(j))

• 8.4.5 Right to accompany inspectors

  Summary / Citation: A health and safety representative has the prower to make representations on the safety, health and welfare of employees to a labour inspector.
  On ther other hand, an employer has an obligation to permit a health and safety representative access to a labour inspector.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (Ss 44(d)(ii) and 45(1)(d))

• 8.4.6 Right to use facilities

  Summary / Citation: An employer is obliged to make a suitable meeting place and suitable facilities, including a room in which to consult with employees, available to the workplace safety representatives and to a work-place safety committee.

  The employer must grant each health and safety representative any conditions that are reasonable and necessary to ensure the effective performance of the employer’s operations.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 43(4)(5))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 10(6)(a))

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: An employer is required to arrange for the release of workplace safety representatives from their normal duties for the purpose of performing their duties. Section 43(4)(a) and (b) requires an employer to grant each health and safety representative time off during working hours without loss of pay in order to perform the functions of that office and reasonable leave of absence to attend health and safety meetings or training courses.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 10(6)(b))

• 8.4.8 Right to issue remedial notices

  No data available.
  

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: An OSH representative has the authority to make representations on the safety, health or welfare of employees to the employer.
  The employer must -
  (a) provide every health and safety representative with sufficient information to enable the representative to -
  (i) perform the functions of that office;
  (ii) improve or maintain conditions of safety, health and welfare in the workplace;
  (b) consult with a health and safety representative -
  (i) on any policy on health, safety or welfare that may apply to the employees represented by that representative;
  (ii) in planning any change to the content, process or organisation of work that may affect health, safety or welfare of the employees represented by that representative.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 44(d)(i), 45(1)(a)(b))

• 8.4.10 Right to direct that dangerous work cease

  No data available.
  

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: In any workplace with more than 100 employees, at the request of a health and safety representative, the employer must establish a health and safety committee consisting of -
  (a) every health and safety representative elected under section 43;
  (b) an equal number of representatives appointed by the employer; and
  (c) any additional individuals agreed to by the committee
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S46(1))

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: In any workplace with more than 100 employees, at the request of a health and safety representative, the employer must establish a health and safety committee.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S46(1))

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The functions of a health and safety committee include (a) monitoring the application of health and sefty regulations and rules in the workplace; (b) advising the application of health and safety in the workplace; and any other function agreed by the committee and the employer.
  

  • Labour Act, 2007 (Act No. 11 of 2007). (S46(3))

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: An OSH committee is required to keep copies of its minutes and retain such copies for a period of five years.

  • Labour General Regulations: Labour Act, 2007 (G.N. No. 261 of 2008). (Reg. 10(5)(c))

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: Labelling of containers containing hazardous substances
  An employer shall ensure that all containers containing hazardous substances, including pesticides, which are stored, handled or used at the workplace, whether temporarily or permanently, are properly labelled according to regulations pertaining to the classification, marking and labelling of hazardous substances.
  (§ 181)

  Storage of hazardous substances
  (1) Hazardous substances shall at any time be stored in such a manner that they do not create a risk to the health and safety of employees or other persons, nor any risk of contamination of the environment, due to seeping, leaking, fire or accidental release.
  (2) Areas designated for storage of hazardous substances shall be isolated from other activities and be clearly marked with appropriate warning signs.
  (3) Smoking, eating and drinking shall be prohibited in areas contemplated in subregulation (2), and, as far as possible, only authorised persons shall enter such areas.
  (4) Substances which by means of a reacting with each other on contact can create a dangerous situation such as an explosion, a fire or the formation of a third hazardous substance, shall be stored and handled separately in such a manner that no unintentional contact can occur.
  (5) Hazardous substances shall be stored in such a way that they are not exposed to heat, radiation or moisture which can give rise to an increased risk of a dangerous situation referred to in subregulation (4).
  (6) Hazardous substances which during storage can give rise to contamination of the work environment, shall, as far as reasonably practicable, be stored in securely sealed containers to prevent contamination.
  (7) Containers intended for storage of hazardous substances shall be constructed from such materials and be of such shape and strength, that they will not create a risk of contamination by such hazardous substances.
  (8) Hazardous substances shall not be stored in containers which by means of their appearance can be mistaken for containers containing harmless substances.
  (9) Inflammable and explosive substances shall be labelled, stored and handled taking into account the risks associated with such substances.
  (10) Radioactive substance shall be stored separately from other chemicals and be safely locked away, allowing access thereto trained and authorised personnel only.
  (11) The storage and use of radioactive substances referred to in subregulation (10) shall not cause any risk of the substance entering the body of any employee, or that any employee is exposed to radiation.
  (§ 182)

  Handling of hazardous waste
  (1) Hazardous waste and deposits shall be removed at intervals and by methods appropriate to the type of hazard which they constitute.
  (2) Contaminants collected shall be disposed of without risk to the health of any person or to the environment, and according to applicable statutory provisions and regulations.
  (§ 183)

  Notification of the use of carcinogens and other controlled substances
  (1) No substance listed in Annexure E as a hazardous or carcinogenic substance, or any product containing such substance, shall be imported, mixed, produced, used or otherwise handled, without the written permission of the Chief Medical Officer for Occupational Health, who shall, in the form of Form F.H.S.I. be notified of such intended importation, mixing, production, use or handling.
  (2) The Chief Medical Officer of Occupational Health may, upon receipt of a notification in terms of subregulation (1) and subject to any other law, in writing authorise the importation, mixing, production, use or handling of such substance, if he or she is satisfied that all prescribed and other preventive measures have or will be taken.
  (§ 184)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 181, 182, 183, 184)

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: Suppliers of hazardous substances, whether manufacturers, importers or distributors of hazardous substances shall ensure that (a) the classification of all hazardous substances are based on their characteristics, including toxic, chemical, physical, corrosive and irritant properties; and their allergenic and sensitising effects, carcinogenic effects, teratogenic and mutagenic effects, as well as their effects on the reproductive system” and “the containers of all hazardous substances are clearly marked to indicate the contents of such containers in order to enable persons handling the containers or using the substances, to easily recognize the substances when receiving or using them.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 178(2)(a)-)b))

• 9.2.3 Pesticides

  Summary / Citation: An employer shall ensure that all containers containing hazardous substances, including pesticides, which are stored, handled or used at the workplace, whether temporarily or permanently, are properly labelled according to regulations pertaining to the classification, marking and labelling of hazardous substances.

  Remarks / comments: Chapter 5 on Hazardous Substances may be applied to pesticides when a specific pesticide fall under the definition of harmful or dangerous substance according to § 176.
  "Harmful substance" means a substance which, if it is inhaled or ingested, or if it penetrates the skin, may involve limited health risks;
  "Hazardous substance" means any toxic, harmful, corrosive or irritant substance, which is -
  (a) a substance for which an occupational exposure limit is prescribed and any other substance not so listed which by reason of its characteristic properties create a risk to the health of any person;
  (b) a human pathogen;
  (c) dust of any kind, if present at a substantial concentration in air;
  (d) any other substance arising in the course of work to which a person may be exposed and which may create a risk to the health of such person, which risk is comparable to the risk to health caused by substances to which paragraph (a), (b) or (c) applies;
  (e) any mixture of such substances; or
  (f) any other substance which the Minister may, on the recommendation of the Chief Medical Officer of Occupational Health, by notice in the Gazette declare a hazardous substance for the purpose of these regulations;
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 181)

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: Ionizing radiation
  (1) Effective measures, to the satisfaction of an inspector and as far as is practicable, sha1l be taken to restrict the extent to which employees may be exposed to ionizing radiation in the course of their employment.
  (2) No employee shall expose himself or herself to ionizing radiation to a greater extent than is necessary for the purposes of his or her work.
  (3) All sources of ionizing radiation sha1l, to the satisfaction of an inspector and if practicable, be adequately shielded.
  (4) An employee liable to be exposed to ionizing radiation shall be informed about the hazard and the exposure level, and be provided with appropriate instructions concerning the hazards involved and the precautions to be observed.
  (5) The employer shall do everything that is practicable to prevent the inhalation or ingestion by an employee of any radioactive substance and to prevent the contamination of the body or of the clothing of an employee by any radioactive substance.
  (6) An employee exposed to ionizing radiation shall be medically examined free of charge at intervals of not more than six months or in accordance
  with existing legislation, or as the Chief Inspector may direct.
  (7) No employer shall require or permit a female employee who is pregnant, or who is likely to be pregnant, to work in an environment where she is liable to be exposed to ionizing radiation.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 199)

• 9.4.2 Vibration and noise

  Summary / Citation: Noise
  (1) Subject to subregulations (2) and (3), no employer shall require or permit an employee to work in an environment in which he or she is exposed to an equivalent noise level equal to or exceeding 85 db (A).
  (2) If the equivalent noise level to which employees are exposed in any work-place is equal to, or exceeds, 85 db (A), the employer shall reduce the level to below 85 db (A) or, if this is not practicable, he or she shall reduce the level to as low as is practicable and take all reasonable steps to the satisfaction of an inspector, to isolate the source of the noise: Provided that if the equivalent noise level to which employees are exposed is such that the attenuation of the hearing protectors to be provided in terms of subregulation (6) does not reduce the said noise level to below 85 db (A), the employer concerned shall limit the time during which the employees work in that noise zone in such a way that they are not exposed to an equivalent noise level of more than or equal to 85 db (A).
  (3) If the equivalent noise level in any work-place cannot practicably be reduced to below 85 db (A), the employer in such work-place shall - '
  (a) demarcate the boundaries of all noise zones in such work-place by posting up notices to that effect in conspicuous places along such boundaries and at all exits from, and entrances to, any room where the whole of such room constitutes a noise zone; and
  (b) prohibit any person from entering a noise zone unless such person wears hearing protectors.
  (4) In the case of building work where it is impracticable to comply with subregulation (3)(a) owing to the nature or extent of the premises, the employer shall display notices to that effect at all exits from, and all entrances to, such premises, or where this is not practicable, display such notices in a conspicuous place as cJose as possible to the actual work-place or in such place as an inspector may direct.
  (5) If an inspector is of the opinion that an employer has omitted or failed to reduce the noise level in a noise zone to as low as is practicable, or to isolate the source of the noise, he or she may, by notice in writing, require such employer to take such further steps as such inspector considers reasonable and practicable for the purpose of protecting the hearing of employees entering or working in such noise zone.
  (6) An employer shall, free of charge and to the satisfaction of an inspector, provide adequate hearing protectors to each employee who works in, or to any person who is required or permitted to enter, a noise zone, and no person shall work in or enter such noise zone unless he or she wears such hearing protectors in the correct manner.
  (7) The hearing protectors which an employer shall provide in terms of subregulation (6) shall be -
  (a) for the sole use of the employee or person: Provided that if an inspector is satisfied that the employer has taken adequate precautionary measures to ensure that the common use of hearing protectors will not result in the spreading of infections or contagious diseases, he or she may, in writing, authorise the common use of hearing protectors;
  (b) maintained by the employer in an effective and hygienic condition at all times; and
  (c) stored, when not in use, in a clean, dust free container provided by the employer.
  (8) An employer shall properly instruct any employee who is required to wear hearing protectors in the use of such protectors and inform him or her of the noise zones where the wearing of such protectors are compulsory.
  (9) These regulations should be read with Schedule 3(2) of Annexure F to Chapter 6.
  (§ 197)

  Vibration
  (1) In any work-place where persons are employed in any process involving exposure to vibration which may constitute a danger to their health, effective means shall, to the satisfaction of an inspector and as far as is reasonably practicable, be provided for the reduction of such vibration within the workplace.
  (2) The primary objective in reducing the exposure to vibration is the prevention of vibration at the source thereof, and the secondary objective is the prevention or reduction of the transmission of the vibration to the employee by introducing, for example, suspended seats or handles : Provided that if these means are not reasonably practicable or while they are being implemented, the exposure shall be diminished by reducing the time of exposure, or if applicable, by the wearing of personal protective equipment to the satisfaction of an inspector.
  (§ 198)
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 197 and 198)

• 9.4.3 Working at height

  Summary / Citation: Ladders
  (1) An employer shall ensure that a ladder is constructed of appropriate material and is suitable for the purpose for which it is used, and -
  (a) is fitted with non-skid devices at the bottom ends, and hooks or similar devices at the upper ends, of the stiles, which shall ensure the stability of the ladder during normal use; or
  (b) is lashed, held or secured in such a manner whilst being used so as to ensure the stability of the ladder under all conditions and at all times.
  (2) No employer shall provide a ladder, or permit it to be used, -
  (a) if the ladder -
  (i) has rungs attached to the stiles only by means of nails, screws or spikes; or
  (ii) has rungs which have not been properly let into the stiles: Provided that in the case of welded ladders or ladders of which the rungs are bolted or riveted to the stiles, the rungs need not be let into the stiles; or
  (b) has damaged stiles, or damaged or missing rungs.
  (3) No employer shall permit that -
  (a) a ladder which is required to be leaned against an object for support be used if such ladder is longer than 9 metres; and
  (b) except with the approval of an inspector, the reach of a ladder be extended by attaching together two or more ladders:
  Provided that this subregulation shall not apply to extension of free-standing ladders.
  (4) In the case of wooden ladders, the employer shall ensure that -
  (a) the ladders are constructed of straight grained wood, free from defects and with the grain running in the length of the stiles and rungs; and
  (b) the ladders are not painted or covered in any manner, unless it has been established by an inspector that there are no cracks or other inherent weaknesses in the ladder: Provided that the ladders may be treated with oil or covered with clear varnish or wood preservative.
  (5) If work is done by a person standing on or working from a ladder, the employer shall -
  (a) take special precautionary measures to prevent articles from falling off the ladder; and
  (b) provide suitable sheaths or receptacles on the ladder in which hand tools or other items shall be kept when not being used.
  (6) An employer shall ensure that a ladder which exceeds five metres in length and is attached to a vertical structure, and which ladder has an inclination to the horizontal level of 75 degrees or more -
  (a) has its rungs not less than 150 millimeters away from the structure to which the ladder is attached; and
  (b) is provided with a cage which -
  (i) extends from a point not exceeding two comma five metres from the lower level to a height of not less than one metre above the top level served by the ladder; and
  (ii) shall afford firm support along its whole length for the back of the person climbing the ladder, and for which purpose no part of the cage shall be more than 700 millimeters away from the level or the rungs: -Provided that any attached ladder longer than ten metres shall be provided with platforms, which platforms shall be spaced not more than six metres apart and be suitable for persons to rest on.
  (§ 208)

  The provisions of regulation 208 shall mutatis mutandis apply.
  (§ 250)
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 208 and 250)

• 9.4.4 Working in confined spaces

  Summary / Citation: Prohibition
  An employer shall ensure that no person under the age of 16 years is employed or permitted to work in any silo, storage bin, vat, hopper, tunnel, shaft, sewer or other confined space;
  (§ 12(d))

  Ventilation of work area
  No user shall require or permit the operation of welding or flame cutting to be undertaken in a confined space unless -
  (a) effective ventilation is available and maintained; or
  (b) masks providing or maintaining a supply of fresh air are supplied and used by the operator.
  (§ 74)

  Precautions in hazardous situations
  (1) No user shall require or permit electric welding to be undertaken in wet or damp situations, in a closely confined space inside a metal vessel or in general in contact with large masses of metal, unless -
  (a) the insulation of the leads of the welding machine is in a sound condition;
  (b) the electrode holder of the welding machine is completely insulated to prevent accidental contact with current carrying parts;
  (c) the operator is completely insulated by means of boots, gloves or rubber mats; and
  (d) not less than one other person who has been properly instructed, remains in attendance during the operation:
  Provided that this subregulation shall not apply to a welding process if the maximum voltage to earth does not exceed 24 volts.
  (2) No user shall require or permit flame cutting to be undertaken in closely confined spaces unless not less than one other person remains in attendance during the operation.
  (3) No user shall require or permit the operation of welding or flame cutting to be undertaken in any elevated position unless suitable railings, safety belts, life lines or other effective means to prevent persons from falling, are provided.
  (4) No user shall require or permit welding, flame cutting, soldering and similar work to be undertaken to tubes, tanks, drums, vessels or similar object if these -
  (a) are completely closed, unless a rise in internal temperature or pressure is not material to safety;
  (b) contain substances which, under the action of heat, may -
  (i) ignite or explode; or
  (ii) react to form dangerous or poisonous substances, unless a suitably qualified person has, after examination, certified in writing, that these dangers have been removed by opening or ventilating the tube, tank, drum, vessel or object, or by purging it with water or steam, or by any other effective means.
  (§ 75)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 12(d), 74, 75 and 192.)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: An employer shall, to the satisfaction of the inspector concerned, provide and maintain a work-place and all related facilities in a clean, hygienic and sanitary condition;
  (§ 30(1)(a))

  Cleanliness of premises
  (1) All floors in work-places shall have a hard, impervious and level surface, unless it can be shown, to the satisfaction of an inspector, that a floor other than that prescribed by this subregulation, is necessary in order to effectively perform any particular class of work or to conduct any particular process in the work-place.
  (2) The employer shall maintain all work-places in a clean state and free from any odour arising from any drain, sanitary convenience or other source.
  (3) All dirt and refuse shall be removed from working areas daily, and the floors of a work-place shall be properly cleansed not less than once a week, or more frequently if so determined by an inspector in writing.
  (4) Refuse, waste or by-products which are liable to fermentation, putrefaction or chemical changes which may constitute a public nuisance as defined in the Local Authorities Act, 1992 (Act 23 of 1992), shall, to the satisfaction of an inspector, be treated or disposed of without delay.
  (5) Storage places or receptacles used for refuse, waste or by- products shall be covered and rendered imperious and shall be situated in such manner and in such position that no over-flow or leakage can pollute any water supply, or cause a public nuisance as contemplated in subregulation (4).
  (6) The surfaces of the internal walls of the factory and of all sanitary conveniences shall be painted or decorated to the satisfaction of an inspector at such intervals as conditions may warrant, having regard to the nature of the work performed on the premises.
  (§ 37)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (§§ 30(1)(a), 37)

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: General Conditions of Welfare and Facilities
  An employer shall, to the satisfaction of the inspector concerned, provide and maintain ventilation in a working area to achieve a suitable temperature and to remove all substances that may be injurious to health;
  (§ 30(1)(d))

  Heating and cooling
  An employer shall, to the satisfaction of an inspector, when necessary, provide suitable heating or cooling appliances to maintain a reasonable temperature in the workrooms of his or her work-place.
  (§ 42)

  Thermal requirements
  (1) Subject to subregulation (2), no employer shall require or permit an employee to work in an environment in which the time-weighted average dry-bulb temperature taken over a period of four hours is less than six degrees Celsius, unless the employer has taken reasonable measures, to the satisfaction of an inspector, to protect such employee against the cold and further takes all precautions necessary for the safety of such employee: Provided that, where outdoor work is performed, the employer shall take such measures and such precautions in an environment in which the actual dry-bulb temperature is less than six degrees Celsius at any time.
  (2) No employer shall require or permit an employee to work in a refrigerated environment in which the actual dry-bulb temperature is below 0 degrees Celsius unless -
  Limits to extreme temperatures exposure are set out in a table featured in this Section.
  (b) the employee is to the satisfaction of an inspector, provided with the following protective clothing
  (i) a nylon freezer suit or equivalent and, if the temperature is below - 34 degrees Celsius, such suit or equivalent shall be of double layer;
  (ii) a woollen Balaclava or equivalent;
  (iii) fur-lined leather gloves or equivalent;
  (iv) waterproof outer gloves with knitted woollen or equivalent inners as well as a waterproof apron, if wet or thawing substances are handled;
  (v) woollen socks; and
  (vi) waterproof industrial boots or equivalent: Provided that an employee who works in a low-temperature area in which the temperature is not lower than -18 degrees Celsius for periods not exceeding five minutes in every hour, needs only be provided with warm overall, gloves and shoes, or equivalent;
  (c) the employee is, beforehand and thereafter, at intervals not exceeding one hour, certified fit to work in such environment by a registered occupational health practitioner or by a registered nurse according to a protocol prescribed by such practitioner, and such employee is issued with a certificate to that effect; and
  (d) all the clothing worn by the employee is dry prior to entering the low-temperature area.
  (3) If hand-held tools which vibrate are used at an actual dry-bulb temperature below six degrees Celsius, the employer shall provide an employee operating such tools with lined gloves, and shall ensure that he or she wears them.
  (4) If the time-weighted average WBGT index, determined over a period of one hour, exceeds 30 in the environment in which an employee works, the employer of such employee shall -
  (a) if practicable, reduce such index to below 30; or
  (b) if it is not practicable to reduce such index to below 30, and if hard manual labour is performed -
  (i) have an employee, at intervals not exceeding one year, certified fit to work in such environment by the appointed occupational health practitioner, and such employee shall, if found fit to work in such environment, be issued with a certificate to that effect by such occupational health practitioner;
  (ii) ensure that any such employee is acclimatized to such working environment before he or she is required or permitted to work in such environment;
  (iii) inform any such employee of the need to ingest not less than 500 milliliters of water every hour, and for such purpose to provide cool and clean potable water;
  (iv) train any such employee in the precautions to be taken to avoid acute heat strain or heat-stroke; and
  (v) provide the means whereby any such employee can receive prompt first-aid treatment in the event of acute heat strain or heat-stroke: Provided that, if the question arises as to whether any particular type of work does in fact constitute hard manual labour, the decision of an inspector shall be decisive.
  (§ 201)
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 30(1)(d), 42, 201)

• 9.4.7 Fire risks

  Summary / Citation: Fire precautions
  (1) An employer shall, for the purpose of a fire at the workplace
  (a) submit a plan and system of escape for approval by an inspector;
  (b) provide adequate means of escape or escape routes from the factory building for the use by all employees;
  (c) a door of a room in which persons are employed, and a door of a passage or staircase serving as a means of exit from such room, shall, while employees are there in the room, be kept clear and unlocked so as to allow for quick and easy egress from the room;
  (d) paragraph (c) shall apply to the outer door or entrance by which employees usually enter or leave the building, whether or not such door is used exclusively by the employees of the employer;
  (e) staircases and steps leading from one floor to another or to the ground, shall be fitted with substantial hand-rails;
  (f) any staircase or passage which is so steep, narrow, winding or otherwise restricted as to be a dangerous means of exit, shall be altered to the satisfaction of an inspector so as to make the staircase or passage safe;
  (g) staircases and passages which are intended to be used as fire-escapes, shall be properly marked and lighted to the satisfaction of an inspector; and
  (h) all staircases used or intended to be used as fire escapes shall be constructed of suitable non-flammable material and shall be kept clear of any obstruction.
  (2) An inspector may require that any door, other than a sliding-door, but including an outer door, be fitted to open outwards from the room, passage, staircase or factory from which it is a means of exit.
  (3) An inspector may, having regard to the structure and situation of the premises and the nature of the activities conducted in or on the premises, require the provision of suitable fire-extinguishing appliances which shall be maintained in good working order and positioned in accessible places as instructed by the inspector.
  (4) An inspector may direct that audible fire alarms, which are operated by an independent power supply or by other suitable means, be fitted in the work-place and maintained in good order.
  (5) In installations using toxic gases for the purpose of fire-fighting, including carbon dioxide installations, an automatic warning device shall be incorporated in the system.
  (6) Means of escape and fire escape routes to be used in case of a fire shall be clearly marked.
  (7) If an inspector considers it necessary, employees shall be instructed in fire-fighting and the correct use of fire appliances.
  (§ 43)

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 43)

• 9.4.8 Tobacco

  Summary / Citation: Smoking and taking of meals
  (1) The employer shall not permit any employee to consume food or drink in any place in a work-place where hazardous substances are present.
  (2) The employer shall not permit smoking where hazardous or flammable substances are present or where the smoke may constitute a danger to the health and safety of other persons.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 45)

• 9.4.9 Asbestos

  Summary / Citation: There is a specific Asbestos Regulations made under the Labour Act, 1992. It contains requirements on notification of asbestos processing, exposure to asbestos, education and training, duties of employees, measures of exposure, exposure records, zoned areas, prohibitions, labelling and information, personal protective equipment, control of exposure, demolition, disposal of asbestos waste, medical surveillance and offences and penalties.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997)

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: The Code represents an integral part of Government's commitment to address most of the major issues related to the prevention of new HIV/AIDS infections, as well as to the provisions of optimal care and support for the workforce. Code applies to all current and prospective employees, all workplaces and contracts of employment, and all human resources practices forming part of policy component of any organization. Policy components of code focus on: education, awareness and prevention; job access; workplace testing and confidentiality; job status; HIV testing and training; managing illness and job security; occupational benefits; risk management, first aid and compensation; protection against victimisation; grievance handling; information; monitoring and review.

  • Guidelines for implementation of National Code on HIV/AIDS in employment (No. 78 of 1998). (Art. 6(8))

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: In selecting the most appropriate methods for manufacture, installation, alteration and maintenance, the following principles shall apply: taking into account the intended conditions of use of the machinery, such machinery shall be designed, constructed, installed and maintained in such a manner that the discomfort, fatigue or psychological stress faced by the operator of the machinery is reduced to a minimum by the application of ergonomic principles.
  (§ 49(3)(d))

  Without derogating from the responsibility of each employer for the health and safety of his or her employees, and with due regard to the obligation of the employees to co-operate with their employer on matters of occupational health and safety, "occupational health services" comprise the functions of the surveillance, by means of visits to the work-place, of the factors in the working environment which may affect employees' health, including physical, chemical and biological hazards, psychological factors, the lay-out and safety of existing and to be purchased machinery, other equipment and workstations, work methods, organization of the work and personal protective devices.
  (§ 220(a))

  The law requires psychological support to be integrated in the first-aid training course (§ 218(6). Furthermore, First-aid services shall implement psychological support measures (§ 218(2)).

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 49(3)(d)), 218(2), 218(6), 220(a))

• 9.5.2 Occupational violence

  Summary / Citation: Prohibition of discrimination and sexual harassment in employment
  (1) For the purposes of this section -
  (a) “AIDS’ means Acquired Immune Deficiency Syndrome, a human disease which is caused by the HIV and which is characterised by the progressive destruction of the body’s immune system;
  (b) “employment’’ decision includes -
  (i) access to vocational guidance, training and placement services;
  (ii) access to employment and to a particular occupation or job, including -
  (aa) advertising;
  (bb) recruitment procedures;
  (cc) selection procedures;
  (dd) appointments and the appointment process;
  (ee) promotion, demotion, and transfer;
  (ff) remuneration and other terms and conditions of employment;
  (iii) access to and the provision of benefits, facilities and services;
  (iv) security of tenure; or
  (v) discipline, suspension or termination of employment;
  (vi) dismissal arising from collective termination or redundancy;
  (c) “family responsibility’’ means the responsibility of an employee to an individual -
  (i) who is a parent, spouse, son, daughter or dependant of the employee; and
  (ii) who, regardless of age, needs the care and support of that employee;
  (d) “HIV’’ means Human Immunodeficiency Virus, a virus that weakens the body's immune system, ultimately causing AIDS;
  (e) “person with disability’ means an individual who suffers from any persistent physical or mental limitation that restricts that individual’s preparation for, entry into or participation or advancement in, employment or an occupation;
  (f) “racially disadvantaged persons’’ means individuals who belong to a racial or ethnic group that was or is, directly or indirectly, disadvantaged in the labour field as a consequence of social, economic, or educational imbalances arising out of racially discriminatory laws or practices before the independence of Namibia;
  (g) “work of equal value” means work that -
  (i) is of the same or compared with any other work is broadly similar in nature having due regard to the frequency with which any differences in relation to the first- mentioned work and such other work occur and the natural extent of such differences, does not justify the determination of conditions of employment which differs from the conditions of employment prevailing in respect of any employee of the opposite sex performing such work and nature of the differences; and
  (ii) requires skills, abilities, responsibilities, working environment or other requirements which are of equal value to employees belonging to any sex.
  (2) A person must not discriminate in any employment decision directly or indirectly, or adopt any requirement or engage in any practice which has the effect of discrimination against any individual on one or more of the following grounds -
  (a) race, colour, or ethnic origin;
  (b) sex, marital status or family responsibilities;
  (c) religion, creed or political opinion;
  (d) social or economic status;
  (e) degree of physical or mental disability;
  (f) AIDS or HIV status; or
  (g) previous, current or future pregnancy.
  (3) For the purpose of subsection (2) it is discrimination on grounds of sex to differentiate without justification in any employment decision between employees who do work of equal value, or between applicants for employment who seek work of equal value.
  (4) For the purpose of subsection (2) it is not discrimination -
  (a) to take any affirmative action measure to ensure that racially disadvantaged persons, women or persons with disabilities -
  (i) enjoy employment opportunities at all levels of employment that are at least equal to those enjoyed by other employees of the same employer; and
  (ii) are equitably represented in the workforce of an employer;
  (b) to select any person for purposes of employment or occupation according to reasonable criteria, including but not limited to, the ability, capacity, productivity and conduct of that person or in respect of the operational requirements and needs of the particular work or occupation in the industry in question;
  (c) to distinguish, exclude or prefer any individual on the basis of an inherent requirement of a job;
  (d) to take any measure that has been approved by the Employment Equity Commission in terms of the Affirmative Action (Employment) Act, 1998
  (e) in the case of a female employee who is pregnant, to temporarily reassign her duties or functions, other than her normal duties or functions, which are suitable to her pregnant condition, provided that the reassignment does not lead to a reduction in remuneration or any other benefits; or
  (f) in the case of a person with a disability, that person is, in consequence of the disability, incapable of performing the duties or functions connected to the employment or occupation in question or is so prohibited by law.
  (5) In any dispute concerning the interpretation or application of subsection (2)-
  (a) the complainant must establish the facts that prove the existence of discrimination; and
  (b) if the existence of discrimination is established, the respondent must prove -
  (i) that the discrimination did not take place as alleged; or
  (ii) that the facts proved do not constitute discrimination in terms of this
  section.
  (6) In a dispute alleging discrimination without justification, it is a complete defence to the allegation if -
  (a) the decision taken by the employer was in compliance with -
  (i) an affirmative action plan approved by the Employment Equity Commission in terms of the Affirmative Action (Employment) Act, 1998 (Act No. 29 of 1998); and
  (ii) section 19(1) and (2) of that Act; and
  (b) the dispute arises from a choice by an employer between or among individuals, all of whom share the attribute which is asserted to be the basis for the alleged discrimination in terms of subsection (2).
  (7) For the purposes of subsections (8), (9) and (10) -
  (a) “employee” includes a prospective employee;
  (b) “sexual harassment’’ means any unwarranted conduct of a sexual nature towards an employee which constitutes a barrier to equality in employment where -
  (i) the victim has made it known to the perpetrator that he or she finds the conduct offensive; or
  (ii) the perpetrator should have reasonably realised that the conduct is regarded as unacceptable, taking into account the respective positions of the parties in the place of employment, the nature of their employment relationships and the nature of the place of employment.
  (8) A person must not, in any employment decision or in the course of an employee's employment, directly or indirectly sexually harass an employee.
  (9) Where sexual harassment is perpetrated by an employer against an employee, and that employee resigns as a result of the sexual harassment, that resignation constitutes a constructive dismissal.
  (10) A constructive dismissal contemplated in subsection (9) may constitute unfair dismissal for the purposes of section 33, which entitles the employee to remedies available to an employee who has been unfairly dismissed.

  • Labour Act, 2007 (Act No. 11 of 2007). (§ 5)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: Machinery maintenance
  (1) Machinery shall be maintained by means of the adjustment, lubrication and maintenance at points located outside danger zones, which shall make it possible to carry out adjustment, maintenance, repair, cleaning and servicing operations while the machinery is at a standstill.
  (2) If subregulation (1) cannot, for technical reasons, be complied with, the operations referred to in that subregulation shall be conducted in any other manner approved by an inspector, which manner shall not create any risk to the operator.
  (3) Automated machine components which have to be changed frequently shall be capable of being removed and replaced easily and in safety.
  (4) The tasks referred to in subregulation (3) shall be carried out with the necessary technical means such as tools or measuring instruments, in accordance with an operating method specified by the manufacturer.
  (5) The manufacturer shall provide stairs, ladders or catwalks to allow safe access to all areas of the machinery used for production, adjustment and maintenance operations.
  (6) Parts of the machinery where persons are liable to move about or stand, shall be designed and constructed in such a manner so as to ensure the safety of such persons.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 60)

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: Duties of designers, manufacturers, importers and suppliers
  (1) A person who designs, manufactures, imports or supplies article for use at a work-place, or makes available a budding in which work of any kind is to be undertaken, shall -
  (a) ensure that the article or building complies with all prescribed requirements relating to health or safety;
  (b) ensure, as far as is reasonably practicable, that the article or building is designed and constructed so as to be safe and without risks to the health of any person when used in a reasonable manner;
  (c) take such steps as are reasonably necessary to ensure that adequate information is available with regard to the correct use of the article or building, and the precautions necessary to ensure that the use thereof is safe and without risk to any person's health;
  (d) ensure that any assembly, erection or installation that is required at the work-place can be undertaken safely and without risk to the health of any person when performed in accordance with the manufacturer's instructions and specifications;
  (e) supply an operator's manual dealing with the assembly, installation, use and maintenance of an article in a language or in languages that is understood by any person who may work with the article; and
  (f) refrain from alterations and modifications to such article that could create any new conditions which may be hazardous to the health or safety of any person.
  (2) A person who assembles, erects or installs any article for use at a work-place on any premises where the article is to be used by any other person shall, as far as is reasonably practicable, ensure that such article is erected or installed in such a manner that it is safe and without risk to safety or health when used in accordance with the manufacturer's specifications.
  (3) A person who manufactures, imports or supplies any substance for
  use at a work-place shall -
  (a) ensure, as far as is reasonably practicable, that the substance is safe and without risks to the safety or health of any person when used, handled, processed, stored or transported in accordance with the manufacturer's specifications and in a reasonable manner; and
  (b) ensure that a safety data sheet providing the following information relating to the substance is handed or explained to any person who may handle, work with or be exposed to the substance in respect of -
  (i) the use of the substance at work;
  (ii) the risk associated with the substance relating to the health or safety of any person;
  (iii) any restrictions or controls upon the use or storage of the substance, including, but not limited to, exposure limits;
  (iv) the safety precautions necessary to ensure that the substance is safe and without risk to health;
  (v) procedures to be followed in the case of an accident in connection with, or the excessive exposure to, or any other emergency involving, the substance; and
  (vi) the disposal of waste and used containers in which the substance has been stored.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 9(1)(b))

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Designers and manufacturers of machinery are legally obliged to supply an operator's manual dealing with the assembly, installation, use and maintenance of an article in a language or in languages that are understood by any person who may work with the article.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 9(1)(e))

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Machinery maintenance
  (1) Machinery shall be maintained by means of the adjustment, lubrication and maintenance at points located outside danger zones, which shall make it possible to carry out adjustment, maintenance, repair, cleaning and servicing operations while the machinery is at a standstill.
  (2) If subregulation (1) cannot, for technical reasons, be complied with, the operations referred to in that subregulation shall be conducted in any other manner approved by an inspector, which manner shall not create any risk to the operator.
  (3) Automated machine components which have to be changed frequently shall be capable of being removed and replaced easily and in safety.
  (4) The tasks referred to in subregulation (3) shall be carried out with the necessary technical means such as tools or measuring instruments, in accordance with an operating method specified by the manufacturer.
  (5) The manufacturer shall provide stairs, ladders or catwalks to allow safe access to all areas of the machinery used for production, adjustment and maintenance operations.
  (6) Parts of the machinery where persons are liable to move about or stand, shall be designed and constructed in such a manner so as to ensure the safety of such persons.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 60)

  • 9.7.5.1 List of equipment where applicable

    Yes.
    

    • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997)

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: An employer must not require or permit an employee, whom the employer knows, or reasonably ought to know, is pregnant, to perform any work, including overtime work, between the hours of 20h00 and 07h00, during the period -
  (a) eight weeks before her expected date of confinement; or
  (b) eight weeks after her confinement.
  (3) The periods referred to in subsection (2) may be extended if a medical practitioner certifies that it is necessary for the health of the employee or her child.
  (Labour Act, § 19(2))

  No persons shall:
  (a) require or permit a female employee who is pregnant, to work in a respirator zone where any hazardous chemical substances are used, including:
  (i) lead in a form in which it can be inhaled, ingested or otherwise absorbed;
  (ii) organic mercury compounds;
  (iii) polybromophenylene (PBB) and polychlorobiphenylene (PCB);
  (iv) arsenic;
  (v) cadmium;
  (vi) carbon disulphide;
  (vii) estrogenic compounds;
  (viii) aromatic chlorinated hydrocarbons;
  (ix) organophosphate pesticides; or
  (x) nicotine.
  (b) use compressed air to remove particles of hazardous substances from any surface or from any person, or require or permit any other person to use compressed air to remove such particles from any surface or person; or
  (c) smoke, eat, drink or keep food or beverages in a respirator zone, or require or permit any other person to smoke, eat, drink or keep food or beverages in such zone.
  (Regulations, § 194)

  No employer shall require or permit a female employee who is pregnant, or who is likely to be pregnant, to work in an environment where she is liable to be exposed to ionizing radiation.
  (§ 199(7))

  • Labour Act, 2007 (Act No. 11 of 2007). ( 19(2) )

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 194(a))

• 9.8.2 Protection of lactating women at work

  No data available.
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: An employer must not require or permit an employee, whom the employer knows, or reasonably ought to know, is pregnant, to perform any work, including overtime work, between the hours of 20h00 and 07h00, during the period -
  (a) eight weeks before her expected date of confinement; or
  (b) eight weeks after her confinement.
  (3) The periods referred to in subsection (2) may be extended if a medical practitioner certifies that it is necessary for the health of the employee or her child.
  No persons shall require or permit a female employee who is likely to be pregnant, to work in a respirator zone where any hazardous chemical substances are used.
  Furthermore, “suppliers of hazardous substances, whether manufacturers, importers or distributors of hazardous substances shall ensure that the classification of all hazardous substances are based on their characteristics, including toxic, chemical, physical, corrosive and irritant properties; and their allergenic and sensitising effects, carcinogenic effects, teratogenic and mutagenic effects, as well as their effects on the reproductive system."
  

  • Labour Act, 2007 (Act No. 11 of 2007). (19(2))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 194(a) and reg. 178(2)(a))

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: The employment of a child under the age of 14 is prohibited and the employment of a child who is at least aged 14, but under the age if 16 years is restricted by law.

  An employer shall ensure that no person under the age of 16 years is employed or permitted to work in any silo, storage bin, vat, hopper, tunnel, shaft, sewer or other confined space;
  (§ 12(d))

  • Labour Act, 2007 (Act No. 11 of 2007). (S 3)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 2019
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2019
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The employer is obliged to, for a period of five years after being notified of an accident or other dangerous occurrence, keep a record of such notification.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 22(6))

• 10.1.2 Near miss incidents

  Summary / Citation: The employer is obliged to, for a period of five years after being notified of an accident or other dangerous occurrence, keep a record of such notification.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 22(6))

• 10.1.3 Occupational diseases

  Summary / Citation: The employer is obliged to, for a period of five years after being notified of an accident or other dangerous occurrence, keep a record of such notification.
  The employer is required to keep records of assessments and medical reports.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Regs. 23(3) (6) and 220(f))

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: A labour inspector may, -
  (a) at any reasonable time enter any premises and -
  (i) direct that the premises or any part of it must not be disturbed as long as it is reasonably necessary to search the premises.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 125 (2)(a))

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: A labour inspector may, -
  (a) at any reasonable time enter any premises and -
  (ii) search for and examine any book, document or object relevant to the administration of this Act;
  (iii) seize, make a copy of any such book, document or object;
  (iv) take a sample of the atmosphere or of any object found;
  (v) take measurements, readings, recordings or photographs; and
  (vi) question any individual on the premises.

  • Labour Act, 2007 (Act No. 11 of 2007). (S125 (2))

• 11.2.3 Power to investigate

  Summary / Citation: A labour inspector may, -
  (a) at any reasonable time enter any premises and -
  (ii) search for and examine any book, document or object relevant to the administration of this Act;
  (iii) seize, make a copy of any such book, document or object;
  (iv) take a sample of the atmosphere or of any object found;
  (v) take measurements, readings, recordings or photographs; and
  (vi) question any individual on the premises.

  • Labour Act, 2007 (Act No. 11 of 2007). (S125 (2))

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: A labour inspector may give directions on where notices required in terms of this Act are to be posted;
  (i) assist any person in -
  (i) any application, referral or complaint under this Act..

  • Labour Act, 2007 (Act No. 11 of 2007). (S125 (2)(h)(i))

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: An inspector who has reasonable grounds to believe that an employer has not complied with a provision of this Act may issue a compliance order in the prescribed form.

  • Labour Act, 2007 (Act No. 11 of 2007). (S 126(1))

• 11.3.2 Power to impose financial penalties

  No data available.
  

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: The inspector has a duty to, by notice in writing issue an order ordering the employer to refrain from carrying out, or to carry out, any action specified in such notice in order to ensure the health and safety of the employee concerned.

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 11(3)(b))

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: The presiding inspector shall, in respect of any accident in which a person was killed or suffered serious injuries, or in respect of any serious incident, submit a copy of the record of the inquiry, together with his or her report and recommendations, if any, to the Prosecutor-General.
  

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 26(10))

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: A labour inspector may:
  (f)require an employer to pay an employee any remuneration owed;
  (g)enforce arbitration awards made under this Act.

  • Labour Act, 2007 (Act No. 11 of 2007). (S125 (2)(f)(g))

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: A person convicted of an offence contemplated in subsection (1) is liable to a fine not exceeding NAD 10 000 (approx. 875.545 USD) or to be imprisoned for a period not exceeding two years imprisonment or to both the fine and imprisonment.

  It is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under this section and a person who is convicted of the offence is liable to a fine not exceeding NAD 20 000 (approx. 1,751.47 USD), or to imprisonment for a period not exceeding four years, or to both the fine and imprisonment.
  (§ 3(6))

  The OSH Regulations contain a number of provisions defining offences and setting up financial and imprisonment penalties: fines not exceeding NAD 2000 (approx. 174.781 USD) or imprisonment for a period not exceeding six months or to both.
  (Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997), §§ 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(1) Asbestos Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(2) Lead Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(3) Silica Regulations, § 9
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(1), Diving Regulations, § 19
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(2), Noise Regulations, § 10)

  • Labour Act, 2007 (Act No. 11 of 2007). (SS 3(6),127(2))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (SS 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271)

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: A person convicted of an offence contemplated in subsection (1) is liable to a fine not exceeding NAD 10 000 (approx. 875.545 USD) or to be imprisoned for a period not exceeding two years imprisonment or to both the fine and imprisonment.

  It is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under this section and a person who is convicted of the offence is liable to a fine not exceeding NAD 20 000 (approx. 1,751.47 USD), or to imprisonment for a period not exceeding four years, or to both the fine and imprisonment.
  (§ 3(6))

  The OSH Regulations contain a number of provisions defining offences and setting up financial and imprisonment penalties: fines not exceeding NAD 2000 (approx. 174.781 USD) or imprisonment for a period not exceeding six months or to both.
  (Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997), §§ 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(1) Asbestos Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(2) Lead Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(3) Silica Regulations, § 9
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(1), Diving Regulations, § 19
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(2), Noise Regulations, § 10)

  • Labour Act, 2007 (Act No. 11 of 2007). (SS 3(6), 127(2))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (SS 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271)

• 11.4.3 Non-financial sanctions

  No data available.
  

• 11.4.4 Criminal liability

  Summary / Citation: A person convicted of an offence contemplated in subsection (1) is liable to a fine not exceeding NAD 10 000 (approx. 875.545 USD) or to be imprisoned for a period not exceeding two years imprisonment or to both the fine and imprisonment.
  It is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under this section and a person who is convicted of the offence is liable to a fine not exceeding NAD 20 000 (approx. 1,751.47 USD), or to imprisonment for a period not exceeding four years, or to both the fine and imprisonment.
  (Labour Act, § 3(6))

  Nothing contained in this regulation shall be construed as preventing the institution of criminal proceedings against any person or as preventing any person authorised thereto from issuing a warrant for the arrest of any person, whether or not an inquiry in terms of this regulation has already commenced.

  The OSH Regulations contain a number of provisions defining offences and setting up financial and imprisonment penalties: fines not exceeding NAD 2000 (approx. 174.781 USD) or imprisonment for a period not exceeding six months or to both.

  • Labour Act, 2007 (Act No. 11 of 2007). (§ 3(6))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (Reg. 26(11), 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271)

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: It is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under this section and a person who is convicted of the offence is liable to a fine not exceeding NAD 20 000 (approx. 1,751.47 USD), or to imprisonment for a period not exceeding four years, or to both the fine and imprisonment.
  (§ 3(6))

  (2) A person convicted of an offence contemplated in subsection (1) is liable to a fine not exceeding NAD 10 000 (approx. 875.545 USD) or to be imprisoned for a period not exceeding two years imprisonment or to both the fine and imprisonment.
  (1) Any person who does any of the following acts commits an offence:
  (a) hindering or obstructing a labour inspector in the performance of the inspector’s functions or the exercise of the inspector’s powers;
  (b) refusing or failing to answer to the best of that individual’s ability any question put by a labour inspector in terms of section 125(2)(a)(vi) or 125(2)(b);
  (c) intentionally furnishing false and misleading information to a labour inspector;
  (d) refusing or failing to comply with any compliance order issued in terms of section 126; or
  (e) falsely claiming to be a labour inspector.
  (§ 127)

  The OSH Regulations contain a number of provisions defining offences and setting up financial and imprisonment penalties: fines not exceeding NAD 2000 (approx. 174.781 USD) or imprisonment for a period not exceeding six months or to both.
  (Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997), §§ 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(1) Asbestos Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(2) Lead Regulations, § 17
  Chapter 5 on Hazardous Substances, Annexure E, Schedule 2(3) Silica Regulations, § 9
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(1), Diving Regulations, § 19
  Chapter 6 on Physical Hazards and General Provisions, Annexure F, Schedule 3(2), Noise Regulations, § 10)

  • Labour Act, 2007 (Act No. 11 of 2007). (SS 3(6),127(2))

  • Regulations relating to the health and safety of employees at work (Government Notice No. 156 of 1997) (SS 13, 28, 47, 91, 119, 175, 195, 217, 242, 257, 271))