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Occupational Safety and Health (OSH)
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South Africa - 2013

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: The Occupational Health and Safety Act (OHSA) is the leading occupational safety and health legislation. The primary aim of the OHSA is to "provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith" (the Preamble of the OHSA).

      In addition to the OHSA there is the Mines Health and Safety Act 29 of 1996 (the MHSA). The MHSA is aimed at protecting the health and safety of employees and other persons at mines.

      Alongside these pieces of legislation, a compensation scheme for victims of occupational accidents and diseases and their dependants is foreseen in the Compensation for Occupational Injuries and Diseases Act 130 of 1993 and Occupational Diseases in Mines and Works Acts 78 of 1973. In addition, there are ancillary occupational safety and health laws (e.g. the Explosives Act 15 of 2003 and Hazardous Substances Act 15 of 1973) and regulations (e.g. Regulations for the Integration of the Occupational health and Safety Act, 1995).

      • Mine Health and Safety Act (No. 29 of 1996).

      • Compensation for Occupational Injuries and Diseases Act, 1993 (No. 130 of 1993)

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

      • Official website of the South Africa Government

  • 2 Scope, coverage and exclusions

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The law requires the Minister of Labour to designate an officer serving in the Department as chief inspector for the purposes of the OHSA. In addition, the Minister may designate any person as an inspector to perform, subject to the control and directions of the chief inspector, any or all the functions assigned to an inspector by the OHSA. The inspectors conduct investigations in terms of the act. In addition, the chief inspector has the power to conduct a formal inquiry into any incident which has occurred at or originated from a workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the chief inspector could have resulted, in the injury, illness or death if any person.
      (Occupational Health and Safety Act 85 of 1993, §§ 27-33)

      The law also provides for the establishment of an Inspectorate of Mine Health and Safety.
      (Mine Health and Safety Act 29 of 1996, §§ 47-49)

      • Mine Health and Safety Act (No. 29 of 1996). (§§ 47-49)

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 27-33)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: The Chief Inspector of Mines must, among other duties, ensure that the provisions of the MHSA are complied with and enforced.

        • Mine Health and Safety Act (No. 29 of 1996). (§ 49(1))

      • 3.1.2 Chairperson and composition

        Summary/citation: The Minister has a duty to appoint the Chief Inspector of Mines. The Chief Inspector of Mines has the a duty to appoint an officer with the prescribed qualifications and experience as the Medical Inspector.

        • Mine Health and Safety Act (No. 29 of 1996). (§ 49(1))

    • 3.2 National OSH research programme or institute

      No data available.
      • 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

      No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

    • 4.1 Duty to ensure the health and safety of employees

      Summary/citation: Every employer has a general duty to provide and maintain, as far as is reasonably practicable, a working environment which is safe and without risk to the health of employees. This duty includes, among others, the following: the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable are safe and without risks to health; taking reasonable steps to eliminate or mitigate any hazards or potential hazard to the safety and health of employees before resorting to protective equipment; making reasonable arrangements for safety and health in connection with production, processing, use, handling, storage or transport of articles or substances; establishing the hazards, if any, to the health and safety of employees in the workplace and providing the necessary precautionary measures in this regard; ensuring that work is performed and that plant or machinery is used under the supervision of a trained person; and identifying and evaluating the hazards associated with listed work and, if possible, prevent the exposure of employees to such work.
      (Occupational Health and Safety Act 85 of 1993, §§ 8,12)

      "As far as reasonably practicable, every employer must provide and maintain a working environment that is safe and without risk to the health of employees."
      (Mine Health and Safety Act 29 of 1996, § 5(1))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 5(1))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 8,12)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

      Summary/citation: Employers and self-employed persons have a duty to conduct their business in such as manner so as to ensure that persons other than employees are not exposed to hazards to their health.
      (Occupational Health and Safety Act 85 of 1993, § 9)

      “As far as reasonably practicable, every employer must—
      (a) identify the relevant hazards and assess the related risks to which persons who are not employees may be exposed; and
      (b) ensure that persons who are not employees, but who may be directly affected by the activities at the mine, are not exposed to any hazards to their health and safety.”
      (Mine Health and Safety Act 29 of 1996, § 5(2))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 5(2))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 9)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 4.3 Collaboration among two or more employers at the same workplace

      No data available.

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 4.4 Surveillance of workers’ health in relation to work

      Summary / Citation: The law requires employers whose employees undertake listed work to carry out an occupational hygiene programme and biological monitoring and subject such employees to medical surveillance.
      (Occupational Health and Safety Act 85 of 1993, § 12(1)(c))

      Employers have a duty to establish and maintain a system of medical surveillance of employees exposed to health hazards.
      (Mine Health and Safety Act 29 of 1996, § 13)

      • Mine Health and Safety Act (No. 29 of 1996). (§ 13)

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 12(1)(c))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 4.4.1 Specific hazards for which surveillance is required

        Summary / Citation: “An employer shall ensure that an employee is under medical surveillance if the employee may be exposed to a substance listed in Table 3 of Annexure 1 (Biological Exposure Indices (BEI))”
        (Regulations for Hazardous Chemical Substances GN R1179 in GG 16596 of 25 August 1995, § 7(1)(a))

        The MHSA defines health hazards as "any physical, chemical or biological hazard to health, including anything declared to be a health hazard by the Minister."
        (Mine Health and Safety Act 29 of 1996, § 102)

        • Mine Health and Safety Act (No. 29 of 1996). (§ 102)

        • Hazardous Chemical Substances Regulations, 1995 (Government Notice R. 1179). (§ 7(1)(a))

    • 4.5 Surveillance of the working environment and working practices

      Summary / Citation: The OHSA does require employers whose employees undertake listed work to carry out an occupational hygiene programme and biological monitoring and subject such employees to medical surveillance.
      (Occupational Health and Safety Act 85 of 1993, § 12(1)(c))

      The MHSA requires an employer to establish and maintain a system of medical surveillance and to engage the services of an occupational medical practitioner.
      (Mine Health and Safety Act 29 of 1996, § 13(1)(3))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 13(1),(3))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 12(1)(c))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 4.6 Duty to provide personal protective equipment

      Summary / Citation: An employer is obliged to provide and maintain systems of work, plant and machinery that, as far as is reasonable practicable, are safe and without risks to health. In addition, § 23 of the OHSA prohibits an employer from making any deductions from an employee's remuneration for anything which the employer is required to do or provide in the interest of health and safety of an employee. Furthermore, article 8.2 (iii) of the Code of Good Practice: Key Aspects of HIV/AIDS and Employment obliges employers to provide appropriate equipment and materials to protect employees from exposure to HIV.
      (Occupational Health and Safety Act 85 of 1993, 8(2)(a))

      Employers have a duty to ensure adequate supply of health and safety equipment.
      (Mine Health and Safety 29 of 1996, § 22(a))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 22(a))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 8(2)(a))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 4.7 Duty to ensure the usage of personal protective equipment

      Summary / Citation: The duty to ensure the usage of personal protective equipment may be deduced from the employer's duty to take all necessary measures to ensure that the requirements of the OHSA are complied with by every person in his employment or on premises under his control where plant or machinery is used. In addition, employers have a duty to enforce such measures as may be necessary in the interest of health and safety.
      (Occupational health and Safety Act 85 of 1993, § 8(2)(g),(h))

      An employer has a duty to take reasonable steps to ensure that all employees who are required to use personal protective equipment are instructed in the proper use, the limitations and the appropriate maintenance of that equipment. In addition, employers have a duty to ensure that every employee complies with requirements of the MHSA.
      (Mine Health and Safety Act 29 of 1996, §§ 6(3), 7(1))

      • Mine Health and Safety Act (No. 29 of 1996). (§§ 6(3), 7(1))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 8(2)(g),(h))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 4.8 Duty to provide first-aid and welfare facilities

      Yes.

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 4.8.1 Arrangements for first-aid

        Summary / Citation: "(1) An employer shall take all reasonable steps that are necessary under the circumstances, to ensure that persons at work receive prompt first aid treatment in case of injury or emergency.
        (2) Where more than five employees are employed at a workplace, the employer of such employees shall provide a first aid box or boxes at or near the workplace which shall be available and accessible for the treatment of injured persons at that workplace.
        (3) (a) Taking into account the type of injuries that are likely to occur at a workplace, the nature of the activities performed and the number of employees employed at such workplace, the employer shall make sure that the first aid box or boxes contemplated in sub-regulation (2) contain suitable first aid equipment which include at least the equipment listed in the Annexure hereto.
        (b) Such an employer shall make sure that only articles and equipment contemplated in subregulation (a) or other similar equipment or medicine is kept in the first aid box or boxes.
        (4) Where more than 10 employees are employed at a workplace, the employer of such employees shall take steps to ensure that for every group of up to 50 employees at that workplace, or in the case of a shop or an office as contemplated in the Basic Conditions of employment Act, 1983 (Act No. 3 of 1983), for every group of up to 100 employees, at least one person is readily available during normal working hours, who is in possession of a valid certificate of competency in first aid, issued by (a) the SA Red Cross Society;
        (b) the St. John Ambulance;
        (c) the SA First Aid League; or
        (d) a person or organisation approved by the chief inspector for this purpose.
        (5) An employer shall at a workplace where a high risk substance or toxic, corrosive or similar hazardous substances are used, handled, processed or manufactured, ensure that the first aid worker contemplated in subregulation (4) is trained in the first aid procedures that are necessary for the treatment of injuries that may result from such activities, including the acute detrimental effects of exposure to such substances, and in the emergency procedures which are necessary in the case of accidental leakage or dumping of such substances.
        (6) An employer shall affix a prominent notice or sign in a conspicuous place at a workplace, indicating where the first aid box or boxes are kept as well as the name of the person in charge of such first aid box or boxes.
        (7) An employee with an open wound, cut, sore or any similar injury, who works in a workplace where a substance contemplated in subregulation 5 is used, handled, processed or manufactured, shall report such injury to his employer forthwith. The employer may not permit such employee to continue working before the injury has been cleaned with soap and water or with a diluted disinfectant.
        (8) Where an employee is exposed or can be exposed to a potential hazard of injury to the eye through contact with a biological or chemical substance, the employer concerned shall make sure that there is an eyewash fountain or any similar facilities, in the immediate vicinity of the workplace of such employee and that the employee is trained in the use thereof.
        (9) Where an employee at a workplace is exposed or can be exposed to a potential hazard of injury to or absorption through the skin as a result of sudden contact with a large amount of toxic, corrosive, high risk or similar hazardous substance, the employer concerned shall make sure that there is a fast-reacting deluge-shower with clean water or a similar facility in the immediate vicinity of the workplace of such employee and that the employee is trained in the use thereof."

        • General Safety Regulations 1986 (Government Notice R. 1031). (§ 3)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 4.8.2 Sanitary installations

        Summary / Citation: "(1) Every employer shall provide sanitary facilities at a workplace in accordance with Parts F, P and Q of the application of the National Building Regulations.
        (2) Notwithstanding the provisions of subregulation (1), an employer may, where less than 11 persons are employed on one premises, make arrangements in writing for such persons to use closets and washbasins on adjoining premises: Provided that-
        (a) such facilities are freely and readily accessible; and
        (b) the facilities comply with the provisions of these Regulations as well as with SABS 0400 with respect to-
        (i) the total number of employees who will be using the facilities; and
        (ii) the condition of such facilities.
        (3) Every employer shall-
        (a) make toilet paper available free of charge to employees;
        (b) provide every water closet pan designed to have a seat, with a seat;
        (c) supply a towel to every employee for his or her sole use or disposable paper towels or hot air blowers or clean portions of continuous cloth towels, at washbasins; and
        (d) provide toilet soap or a similar cleansing agent free of charge to employees.
        (4) Every employer shall, under the circumstances contemplated in Table 4 of Part P of SABS 0400, provide showers for the use of his or her employees, and he or she shall-
        (a) provide running hot and cold or premixed hot and cold water for washbasins and showers;
        (b) ensure that the walls of that part of a room in which there are showers, are smooth and impermeable, and that the floor thereof is slip-free and sloped for effective drainage; and
        (c) ensure that where showers are provided in a room with windows, such windows are glazed in obscure glass or similar material.
        (5) In respect of each room in which there are closets, urinals, showers or washbasins, every employer shall-
        (a) provide a conspicuous sign outside the entrance to such room to indicate the gender of the persons for whom the room is intended;
        (b) ventilate such rooms in accordance with the provisions of Part O of National Building Regulations;
        (c) provide the necessary screen walls, partitions or doors in order to provide privacy; and
        (d) ensure that water feeding to showers or washbasins on his or her premises which is not obtained from the water supply system of a local authority, complies with SABS 241."

        • Occupational Safety and Health Facilities Regulations (No. R. 924). (§ 2)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 4.8.3 Drinking water

        Summary / Citation: "Every employer shall-
        (a) make available an adequate supply of drinking water for his or her employees at their workplace; and
        (b) clearly and conspicuously mark such, taps and pipes that is not fit for human consumption."

        • Occupational Safety and Health Facilities Regulations (No. R. 924). (§ 7)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 4.8.4 Rest and eating areas

        Summary / Citation: "(1) Notwithstanding the provisions of regulation 4 (3), every employer of employees who at a workplace-
        (a) are exposed to a hazardous chemical substance or a hazardous biological agent;
        (b) come into physical contact with any known poisonous substance, which may cause illness if taken orally;
        (c) are exposed to dirt, dust, soot or similar filth; or
        (d) handle or process untanned hides or skins, or unwashed wool or mohair,
        shall provide a separate dining-room or eating place on the premises which in respect of the maximum number of employees who will be using it at any one time, shall be in accordance with Part C of SABS 0400.
        (2) An employer contemplated in subregulation (1) shall-
        (a) provide tables and chairs in every dining room for the maximum number of employees who will be using the dining room at any one time;
        (b) ensure that a dining-room or eating place is not connected directly by means of a door or any other opening with any room in which there is exposure to a hazardous chemical substance or hazardous biological agent; or in which untanned hides or skins or unwashed wool or mohair are treated, processed or stored;
        (c) not store any material, tools or other goods not related to use of a dining-room in such dining-room or allow such items to be stored therein; and
        (d) ensure that every dining room is naturally or artificially ventilated in accordance with Part O of the National Building Regulations."
        (§ 5)

        "Every employer shall maintain all rooms and facilities which are prescribed or provided for in terms of the provisions of these regulations, in a clean, hygienic, safe, whole and leak-free condition, and in a good state of repair."
        (§ 9)

        • Occupational Safety and Health Facilities Regulations (No. R. 924). (§§ 5,9)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

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

        Summary/citation: The chief inspector may require any employer in writing and any category of employers by notice in the Government Gazette to prepare a written policy concerning the protection of the health and safety of his employees at work, including a description of his organisation and the arrangements for carrying out and reviewing that policy.
        § 7(1)

        “Every employer must prepare a document that-
        (a) describes the organisation of work;
        (b) establishes a policy concerning the protection of employees’ health and safety at work;
        (c) establishes a policy concerning the protection of persons who are not employees but who may be directly affected by the activities at the mine; and
        (d) outlines the arrangements for carrying out and reviewing policies.”
        § 8(1)

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 7(1), 8(1))

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: The Chief Executive Officer (CEO) has a duty to ensure that the duties of his employer as contemplated in the OHSA are properly discharged. The CEO may assign any duty contemplated in the OHSA to any person under his or her control. In the case of a department of State, the OHSA deems the head of department to be the CEO of that department.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 16)

      • 5.1.3 Written risk assessment

        Summary/citation: Employers have a duty to establish, as far as is reasonably practicable, what hazards to the health or safety of persons are, among others, attached to any work which is performed.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 8(2)(d))

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: Employers have to provide and maintain systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 8(2)(a))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 5.1.5 Training and information on risks

        Summary/citation: Employers have a duty to provide such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of employees.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 8(2)(e))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 5.1.6 Review or assessment of the results of preventive measures

        No data available.
      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: Employers have a duty to consult with the health and safety committee on occupational health and safety matters. Regulation 6(1) of the General Administrative Regulations (GN R929 in GG 25129 of 25 June 2003) obliges an employer to meet with the registered trade unions of that workplace in order to consult or bargain in good faith and conclude an agreement, inter alia, the nomination or election of health and safety representatives.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 12(1))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 5.2 Obligation to implement a specific OSH management system or standard

      No data available.
  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.
      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      Summary/citation: The Chief Executive Officer (CEO) has a duty to ensure that the duties of his employer as contemplated in the OHSA are properly discharged. The CEO may assign any duty contemplated in the OHSA to any person under his or her control. In the case of a department of State, the OHSA deems the head of department to be the CEO of that department.
      (Occupational Health and Safety Act 85 of 1993, § 16)

      “The employer of every mine that is being worked must— (a) appoint one or more managers with the qualifications as may be prescribed to be responsible for the day to day management and operation of the mine, and if more than one manager is appointed, ensure that the managers’ functions do not overlap; (b) supply the managers with the means to perform their functions; and (c) take reasonable steps to ensure that the managers perform their functions.”
      (Mine Health and Safety Act 29 of 1996, § 3(1))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 3(1))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 16)

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        No data available.
  • 7 Workers' rights and duties

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

      Summary / Citation: An employee has a duty to take reasonable care for the health and safety of himself or herself of other persons who may be affected by his or her acts or omissions.
      (Occupational Health and Safety Act 85 of 1993, § 14(a))

      All employees have a duty to take reasonable care to protect their own health and safety.
      (Mine Health and Safety 29 of 1996, § 22(a))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 22(a))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 14(a))

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

      Summary / Citation: An employee has a duty to take reasonable care for health and safety of himself or herself of other persons who may be affected by his or her acts or omissions.
      (Occupational Health and Safety Act 85 of 1993, § 14(a))

      An employee has a duty to take reasonable care to protect the health and safety of other persons who may be affected by any act or omission of that employee.
      (Mine Health and Safety 29 of 1996, § 22(b))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 22(b))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 14(a))

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

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      Summary / Citation: Employers and self-employed persons have a duty to conduct their business in such as manner so as to ensure that persons other than employees are not exposed to hazards to their health.

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 9)

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Employee have a duty to, as regards any duty or requirement imposed on his or her employer or any other person by the Occupational Health and Safety Act, cooperate with such employer or person to enable that duty or requirement to be performed or complied with.

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 14(b))

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: "An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must-
      (a) inform the employee in writing, or orally if the employee is not able to understand a written communication, in a language that the employee understands-
      (i) of any health and safety hazards associated with the work that the employee is required to perform; and
      (ii) of the employee's right to undergo a medical examination in terms of paragraph (b);
      (b) at the request of the employee, enable the employee to undergo a medical examination, for the account of the employer, concerning those hazards-
      (i) before the employee starts, or within a reasonable period of the employee starting, such work; and
      (ii) at appropriate intervals while the employee continues to perform such work; and
      (c) transfer the employee to suitable day work within a reasonable time if-
      (i) the employee suffers from a health condition associated with the performance of night work; and
      (ii) it is practicable for the employer to do so. "

      • Basic Conditions of Employment Act, 1997 [No. 75 of 1997]. (§ 17(3))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: The OHSA prohibits any form of victimization against an employee who has refused to do anything which he or she is prohibited from doing in terms of the act.
      (Occupational Health and Safety Act 85 of 1993, § 26(1))

      The Mine health and Safety Act provides employees employed in mines with a right to leave a dangerous working place.
      (Mine Health and Safety 29 of 1996, § 23)

      Remarks / comments: Employees falling within scope of coverage of the OHSA can invoke the common-law right to refuse work if the employer fails to comply with the duty to provide a safe working conditions.

      • Mine Health and Safety Act (No. 29 of 1996). (§ 23)

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 26(1))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: An employer who requires an employee to perform work on a regular basis after 23:00 and before 06:00 the next day must transfer the employee to suitable day work within a reasonable time if the employee suffers from a health condition associated with the performance of night work and it is practicable for the employer to do so.

      • Basic Conditions of Employment Act, 1997 [No. 75 of 1997]. (§ 17(3)(c))

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

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: The OHSA makes provision for the Advisory Council for Occupational Health and Safety.
      (Occupational Health and Safety Act 85 of 1993, § 2)

      The MHSA establishes a Mine Health and Safety Council to advise the Minister in health and safety at mines.
      (Mine Health and Safety Act 29 of 1996, § 41)

      Remarks / comments: The Advisory Council for Occupational Health and Safety advices the Minister and the Department of Labour on occupational health and safety matters.

      • Mine Health and Safety Act (No. 29 of 1996). (§ 41)

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 2)

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: Advise the Minister on matters of policy arising out of the application of the OHSA and on matters relating to occupational health and safety; do research and conduct investigations; advice the Department on the formulation and publication of standards, specifications or other forms of guidance for the purpose of assisting employers, employees and users to maintain appropriate standards of occupational health and safety; advise the Department on the promotion of education and training in occupational health and safety as well the collection and dissemination of information on occupational health and safety; and advice the department on any matter regarding the performance of its functions.
        (Occupational Health and Safety Act 85 of 1993, § 3)

        The functions of the Mine Health and Safety Council are to: “(a) advise the Minister on health and safety at mines including, but not limited to, any legislation on mine rehabilitation in so far as it concerns health and safety; (b) co-ordinate the activities of its committees, receive reports from the committees and liaise with the Mining Qualifications Authority on matters relating to health and safety; (c) liaise with any other statutory bodies concerned with matters relating to health and safety; (d) promote a culture of health and safety in the mining industry; (e) at least once every two years arrange and co-ordinate a tripartite summit to review the state of health and safety at mines; (e) annually advise the Minister on relevant research relating to health and safety at mines; and (f) perform every duty imposed upon the Council in terms of this Act.”
        (Mine Health and Safety Act 29 of 1996, § 43)

        • Mine Health and Safety Act (No. 29 of 1996). (§ 43)

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 3)

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: "The Council shall consist of 20 members, namely—
        (a) the chief inspector, ex officio, who shall be the chairman;
        (b) one officer serving in the Department;
        (c) the Workmen’s Compensation Commissioner, or his nominee;
        (d) one person nominated by the Minister for National Health and Welfare;
        (e) one person nominated by the Minister of Mineral and Energy Affairs;
        (f)six persons to represent the interests of employers from a list of the names of persons nominated by employers’ organizations or federations of employers’ organizations; and
        (g) six persons to represent the interests of employees from a list of the names of persons nominated by trade unions or federations of trade unions."
        (Occupational Health and Safety Act 85 of 1993, § 4(1))

        "The Mine Health and safety Council consists of—
        (a) five members representing employers in the mining industry;
        (b) five members representing employees in the mining industry;
        (c) four members representing departments of the State; and
        (d) the Chief Inspector of Mines, who must chair the Council.”
        (Mine Health and Safety Act 29 of 1996, § 42(1))

        • Mine Health and Safety Act (No. 29 of 1996). (§ 42(1))

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 4(1))

    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: Employers have a duty to consult with the health and safety committee on occupational health and safety matters. Regulation 6(1) of the General Administrative Regulations (GN R929 in GG 25129 of 25 June 2003) obliges an employer to meet with the registered trade unions of that workplace in order to consult or bargain in good faith and conclude an agreement, inter alia, the nomination or election of health and safety representatives.

      Remarks / comments: Employees are represented in the Health and Safety Committee. Therefore, workers' representatives represent the health and safety interests of their colleagues.

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 12(1))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

      Summary / Citation: "(1) Subject to the provisions of subsection (2), every employer who has more than 20 employees in his employment at any workplace, shall, within four months after the commencement of this Act or after commencing business, or from such time as the number of employees exceeds 20, as the case may be, designate in writing for a specified period health and safety representatives for such workplace, or for different sections thereof.
      (2) An employer and the representatives of his employees recognized by him or, where there are no such representatives, the employees shall consult in good faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of subsection (1): Provided that if such consultation fails, the matter shall be referred for arbitration to a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitrator, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final."

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 17(1)-(2))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

        Summary / Citation: "The number of health and safety representatives for a workplace per section thereof shall in the case of shops and offices be at least one health and safety representative for every 100 employees or part thereof, and in the case of all other workplaces at least one health and safety representative per every 50 employees or part thereof."

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 17(5))

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

        Summary / Citation: "Only those employees employed in a full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace or section thereof, as the case may be, shall be eligible for designation as health and safety representatives for that workplace or section."

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 17(4))

    • 8.4 OSH representatives’ functions, rights and powers

      Sometimes.

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

      No data available.
    • 8.6 Joint OSH Committee

      Summary / Citation: "An employer shall in respect of each workplace where two or more health and safety representatives have been designated, establish one or more health and safety committees".
      (Occupational Health and Safety Act 85 of 1993, § 19(1))

      "Every mine with 100 or more employees must have one or more health and safety committees."
      (Mine Health and Safety Act 29 of 1996, § 25(2))

      • Mine Health and Safety Act (No. 29 of 1996). (§ 25(2))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 19(1))

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: The number of persons nominated by the employer may not exceed the number of health and safety representatives on the committee. The health and safety representatives comprise of those employees employed in full-time capacity at a specific workplace and who are acquainted with conditions and activities at that workplace.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 19(2)(c),17(4))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: Health and safety committees are established in workplaces where two or more health and safety representatives have been designated.
        (Occupational Health and Safety Act 85 of 1993, § 19(1))

        "Every mine with 100 or more employees must have one or more health and safety committees."
        (Mine Health and Safety Act 29 of 1996, § 25(2))

        • Mine Health and Safety Act (No. 29 of 1996). (§ 25(2))

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 19(1))

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

        Summary / Citation: "A health and safety committee-
        (a) may make recommendations to the employer or, where the recommendations fail to resolve the matter, to an inspector regarding any matter affecting the health or safety of persons at the workplace or any section thereof for which such committee has been established;
        (b) shall discuss any incident at the workplace or section thereof in which or in consequence of which any person was injured, became ill or died, and may in writing report on the incident to an inspector; and
        (c) shall perform such other functions as may be prescribed."

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 20(1))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 8.6.4 Keeping record of the work of joint OSH committees

        Summary / Citation: A OSH committee has a duty to keep record of each recommendation made to an employer and of any report made to an inspector.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 20(2))

      • 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)

      No data available.

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 8.8 Protection against reprisals

      Summary / Citation: No employer shall dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the fact, or because he suspects or believes, whether or not the suspicion or belief is justified or correct, that that employee has given information to the Minister or to any other person charged with the administration of a provision of this Act which in terms of this Act he is required to give or which relates to the terms, conditions or circumstances of his employment or to those of any other employee of his employer, or has complied with a lawful prohibition, requirement, request or direction of an inspector, or has given evidence before a court of law or the industrial court, or has done anything which he may or is required to do in terms of this Act or has refused to do anything which he is prohibited from doing in terms of this Act.

      No employer shall unfairly dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the information that the employer has obtained regarding the results of biological monitoring and medical surveillance or by reason of a report regarding occupational safety and health made to the employer.

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 26)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

      Summary / Citation: A health and safety representative shall not incur any civil liability by reason of the fact only that he failed to do anything which he may do or is required to do in terms of this Act.
      (§ 18(4))

      A health and safety committee or a member thereof shall not incur any civil liability by reason of the fact only that it or he failed to do anything which it or he may or is required to do in terms of this Act.
      (§ 20(3))

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 18(4), 20(3))

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

  • 9 Specific hazards or risks

  • 10 Recording, notification and investigation of accidents/incidents and diseases

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

      Yes.

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 10.1.1 Work-related accidents

        Summary / Citation: "Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which-
        (a) any person dies, becomes unconscious, suffers the loss of a limb or part of a limb or is otherwise injured or become ill to such a degree that he is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed;
        (b) a major incident occurred;
        shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be."
        (Occupational Health and Safety Act 85 of 1993, § 24(1)(a)(b))

        An employer must conduct an investigation into every accident that must be reported in terms of the MHSA, serious illness and health-threatening occurrence. The employer has a duty to keep a record of all occupational hygiene measurements in a manner than can be linked as far as practicable to each employee's record of medical surveillance.
        (Mine Health and Safety Act 29 of 1996, §§ 11(5),12(3))

        • Mine Health and Safety Act (No. 29 of 1996). (§§ 11(5),12(3))

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 24(1)(a)(b))

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

      • 10.1.2 Near miss incidents

        Summary / Citation: "Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which the health or safety of any person was endangered and where- (i) a dangerous substance was spilled;(ii) the uncontrolled release of any substance under pressure took place;(iii) machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled moving objects; shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be."
        (Occupational Health and Safety Act 85 of 1993, § 24(1)(c))

        An employer must conduct an investigation into every accident that must be reported in terms of the MHSA, serious illness and health-threatening occurrence. The employer has a duty to keep a record of all occupational hygiene measurements in a manner than can be linked as far as practicable to each employee's record of medical surveillance.
        (Mine Health and Safety Act 29 of 1996, §§ 11(5),12(3))

        • Mine Health and Safety Act (No. 29 of 1996). (§§ 11(5),12(3))

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 24(1)(c))

      • 10.1.3 Occupational diseases

        Summary / Citation: Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person’s employment, shall within the prescribed period and in the prescribed manner report the case to the person’s employer and to the chief inspector, and inform that person accordingly.
        (Occupational Health and Safety Act 85 of 1993, § 25)

        An employer must conduct an investigation into every accident that must be reported in terms of the MHSA, serious illness and health-threatening occurrence. The employer has a duty to keep a record of all occupational hygiene measurements in a manner than can be linked as far as practicable to each employee's record of medical surveillance.
        (Mine Health and Safety Act 29 of 1996, §§ 11(5),12(3))

        • Mine Health and Safety Act (No. 29 of 1996). (§§ 11(5),12(3))

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 25)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

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

      Summary / Citation: Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which-
      (a) any person dies, becomes unconscious, suffers the loss of a limb or part of a limb or is otherwise injured or become ill to such a degree that he is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed;
      (b) a major incident occurred; or
      (c) the health or safety of any person was endangered and where
      (i) a dangerous substance was spilled
      (ii) the uncontrolled release of any substance under pressure took place;
      (iii) machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled
      moving objects;
      shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be.
      (§ 24)

      Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen’s Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person’s employment, shall within the prescribed period and in the prescribed manner report the case to the person’s employer and to the chief inspector, and inform that person accordingly.
      (§ 25)

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§§ 24, 25)

      Related CEACR Comments
      Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The Minister may designate any person as an inspector to perform, subject to the control and direction of the chief inspector, any or all of the function assigned to an inspector by the Occupational Health and Safety Act.

      • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 28)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015

    • 11.2 OSH inspectors’ powers

      Sometimes.
      • 11.2.1 Power to enter workplaces

        Summary / Citation: "An inspector may, for the purposes of this Act, without previous notice, at all reasonable times, enter any premises which are occupied or used by an employer or on or in which an employee performs any work or any plant or machinery is used, or which he suspects to be such premises."

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 29(1)(a))

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

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

        Summary / Citation: “An inspector may, for the purposes of this Act, question any person who is or was on or in such premises, either alone or in the presence of any other person, on any matter to which this Act relates; require from any person who has control over or custody of a book, record or other document on or in those premises, to produce to him forthwith, or at such time and place as may be determined by him, such book, record or other document; examine any such book, record or other document or make a copy thereof or an extract therefrom; require from such a person an explanation of any entry in such book, record or other document; inspect any article, substance, plant or machinery which is or was on or in those premises, or any work performed on or in those premises or any condition prevalent on or in those premises or remove for examination or analysis any article, substance, plant or machinery or a part or sample thereof; seize any such book, record or other document or any such article, substance, plant or machinery or a part or sample thereof which in his opinion may serve as evidence at the trial of any person charged with an offence under this Act or the common law: Provided that the employer or user of the article, substance, plant or machinery concerned, as the case may be, may make copies of such book, record or document before such seizure”

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 29(1))

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

      • 11.2.3 Power to investigate

        Summary / Citation: “An inspector may investigate the circumstances of any incident which has occurred at or originated from a workplace or in connection with the use of plant or machinery which has resulted, or in the opinion of the inspector could have resulted, in the injury, illness or death of any person in order to determine whether it is necessary to hold a formal investigation.”

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 31(1))

      • 11.2.4 Duty to provide advice on OSH

        No data available.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.
      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Inspectors have the power to issue orders and notices in writing, in the following cases, among others:
        “Whenever an employer performs an act or requires or permits an act to be performed, or proposes to perform an act or to require or permit an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person, the inspector may in writing prohibit that employer from continuing or commencing with the performance of that act or from requiring or permitting that act to be continued or commenced with, as the case may be.
        Whenever a user of plant or machinery uses or proposes to use any plant or machinery, in a manner or in circumstances which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person who works with such plant or machinery or who is or may come within the vicinity thereof, the inspector may in writing prohibit that user from continuing or commencing with the use of such plant or machinery or in that manner or those circumstances, as the case may be.
        An inspector may in writing prohibit an employer from requiring or permitting an employee or any employee belonging to a category of employees specified in the prohibition to be exposed in the course of his employment for a longer period than a period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the health or safety of that employee or the employee belonging to that category of employees, as the case may be.”

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 30)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

      • 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.

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: “Whenever an employer performs an act or requires or permits an act to be performed, or proposes to perform an act or to require or permit an act to be performed, which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person, the inspector may in writing prohibit that employer from continuing or commencing with the performance of that act or from requiring or permitting that act to be continued or commenced with, as the case may be.
        Whenever a user of plant or machinery uses or proposes to use any plant or machinery, in a manner or in circumstances which in the opinion of an inspector threatens or is likely to threaten the health or safety of any person who works with such plant or machinery or who is or may come within the vicinity thereof, the inspector may in writing prohibit that user from continuing or commencing with the use of such plant or machinery or in that manner or those circumstances, as the case may be.
        An inspector may in writing prohibit an employer from requiring or permitting an employee or any employee belonging to a category of employees specified in the prohibition to be exposed in the course of his employment for a longer period than a period specified in the prohibition, to any article, substance, organism or condition which in the opinion of an inspector threatens or is likely to threaten the health or safety of that employee or the employee belonging to that category of employees, as the case may be.”

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 30(1))

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2020

      • 11.3.5 Power to initiate prosecutions

        Summary / Citation: After completing an investigation, the inspector has a duty to forward his written report together with all the supporting documents to the Attorney-General (now called Director of Public Prosecutions). The Director of Public Prosecutions is then required to deal with the report and supporting documents in accordance with the provisions of the Inquest Act 58 of 1959 or the Criminal Procedure Act 51 of 1977.

        • Occupational Health and Safety Act, 1993 (No. 85 of 1993) (§ 31(2),(3))

      • 11.3.6 Power to conduct prosecutions

        No data available.
      • 11.3.7 Other enforcement powers

        No data available.
    • 11.4 Application of sanctions by courts

      Yes.

References

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