Occupational Health and Safety Act 85 of 1993
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as a Newspaper As.'n Nuusblad by die Poskantoor Geregistreer
VoL. 337
No. 1158.
' . ·
CAPE TOWN, 2 JULY 1993
KAAPSTAD, 2 JULIE 1993 No. 14918
STATE PRESIDENT'S OFFICE KANTOOR VAN DIE STAATSPRESIDENT
2 July 1993 No. 1158. 2 Julie 1993
It is hereby notified that the State President has assented to the following Act which is hereby published for general
· information:- · · ·
Hierby word bekend gemaak dat die Staatspresident sy goedkeuring geheg bet aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:-
No. 85 of 1993: Occupational Health and Safety Act, No. 85 van 1993: Wet op Beroepsgesondheid en Veiligheid, 1993. ; . . 1993 .
. .
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
2 No .. 14918 GOVERNMENT aAzETIE, 2 JUL X 1993 ' ~ - ' Act No. 85, 1993 OCCUPATIONAL HEAL Til AND SAFETY ACT, 1993
ACT . 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 the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.
(English text signed by the Siate President.) (Assented to 23 June 1993.)
,• ·~
B E IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:- Definitions
1. (1) In this Act, unless the context otherwise indicates- (i) "approved inspection authority" means an inspection authority 5
approved by the chief inspector: Provided that an inspection authority approved by the chief inspector with respect to any particular service shall be an approved inspection authority with respect to that service only; (xxiv)
(ii) "biological monitoring" means a planned programme of periodic 10 collection and analysis of body fluid, tissues, excreta or exhaled air in order to detect and quantify the exposure to or absorption of any substance or organism by persons; (xi)
(iii) "building" includes- (a) any structure attached to the s,~H; ,; .. . , .,. . . , 1 . . 15 (b) any building or such structure or part thereof which is in the
process of being erected; or (c) any prefabricated building or structure not attached to the soil;
(xv) (iv) "chief executive officer", in relation to a body corporate or an 20
enterprise conducted by the State, means the person who is responsible for the overall management and control of the business of such body corporate or enterprise; (xxviii)
. (v) . "chief inspector" means the officer designated under section 27 as chief inspector, and includes any officer acting as chief inspector; 25 (xxvii)
(vi) "Council" means the Advisory Council for Occupational Health and Safety established by seCtion 2; (xli)
.. (vii) "danger" means anything which may cause injury or damage to persons. or property; (xxiii) · · · · ··· · · · ·· · · · 30 ·
(viii) "Department" means the Department of Manpower; (xii) · · · _ (ix) "employee" means, subject to the provisions of subsection (2), any
person who is employed by or works for an employer and who receives or is entitled to receive any remuneration or who works under the direction or supervision of an employer or any other 35 person; (~iii) · . ·. ·. ' · · · ·. . . ~ · . _: · ·· · ; ·
. (x) "employer" means, subject to the provisions of subsection (2),any · person who employs or provides work for any person and rem,unerates that person or expre.ssly or. ~acitly. undertakes to remunerate him, but excludes a labour broker as defined in section 40 1(1) of the Labour Relations Act, 1956 (Act No. 28 of 1956); (Iii)
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Act No. 85, 1993 OCCUPATIONAL HEALTH AND SAFETY ACf, 1993.
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(xi) "employment" or "employed" means employment or employed as an employee; (xiii)
(xii) "explosives" means any substance or article as listed in Class 1: Explosives in the South African Bureau of Standards. Code of Practice for the Identification and Classification of Dangerous 5 Substances and Goods, SABS 0228; (xxxvii) . •
(xiii). "hazard" means a source of o.r exposure to danger; (ii) . (xiv) "health. and safety committee" means a committee. established
, under section 19; (xix) . . . . , " .. . ... (xv) "health and safety equipment" means any article or part. thereof 10
which is manufactured, provided or installed in the interest of the health or safety of any person; (xxi)
(xvi) "health and safety representative" means a person designated in terms of section 17(1); (xxii) : ' · · ·
(xvii) "health and safety standard" means any standard, irrespective of 15 . whether or not it has the force of law, which, if applied for the purposes of this Act, will in the opinion of the Minister promote the attainment of an obje~t of this Act; (xx) . . .. . . .
(xviii) "healthy" means free from illness'· or injury· attributable to occupational causes; (xviii) · · 20
(xix) "incident" means an incident as contemplated in section 24(1); (I) (xx) "industrial court" means the industrial court referred to in section
17 of the Labour Relations Act, 1956 (Act No. 28 of 1956); (xxxvi) (xxi) "inspection authority" means· any person who with the aid of
. specialized knowledge or equipment or after such investigations, 25 tests, sampling o~ analyses as he may consider necessary, and whether for reward or otherwise, renders a service' by making special findings, purporting to be objective findings, as to- (a) the health of any person;'
' (b) the safety or risk to health of any work, article, substance, plant 30 or machinery, or of any condition prevalent on or in any premises; or . . · .
(c) the question of whether any particular standard has been or is being complied with, with respect to any' work, article, substance, plant or machinery, or with respect to work or a 35 condition prevalent on or' in any premises, or with respect to any other matter, . · . . . . .
and by issuing a certificate, stating such findings, to the person to whom the service is rendered; (xxix) . ' .. '' '
(xxii) ·"inspector" means a· person designated under section 28; (xxx) '40 (xxiii) "listed work" means any work declared to be listed work under
section 11; (xvii) · · · · (xxiv) "local authority" means--
(a). any institution or body contemplated in section 84(1)(/) of the · Provincial Government Act, 1961 (Act No. 32 of 1961); 45
· (b) any regional services council established under section 3 of the Regional Services Councils Act, 1985 (Act No. 109 of 1985);
(c) any other institution or bodyor the holder'of any office declared by the Minister by notiCe in the Gazette to be a local authority for the purposes of this Act; (xi) · . 50
(xxv) "machinery" means any article or combination of articles assembled, arranged or connected and which is used or intended to be used for converting any form of energy to performing work, or which is used or intended to be used, whetherincidental thereto or not, for developing, receiving, storing, containing; confining, tninsforming, transmitting, 55 transferring or controllirig any form of energy; (Xxxiii)
(:xxVi) · "major hazard installation" means an installation- ( a) where more than the pn~scribed quantity of any substance is or
. may be kept, whether permanently or temporarily; or ' , . ' . '
-
6 No. 14918 GOVERNMENT GAZETTE, 2 JULY 1993
Act No. 85, 1993 OCCUPATIONAL HEALTH AND SAFETY ACT, 1993
(b) where any substance is produced, processed, used, handled or stored in such a form and quantity that it has the potential to cause a major incident; (xxvi)
(xxvii) "major incident" means an occurrence of catastrophic proportions, resulting from the.use of plant or machinery, or from activities at a 5
. workplace; (xiv) (xxviii) "mandatary" includes an agent, a contractor or a subcontractor for
work, but without derogating from his status in his own right as an employer or a user; (xxxii)
(xxix) "medical surveillance" means a planned programme of periodic 10 examination (which may include clinical examinations, biological monitoring or medical tests) of employees by an occupational health practitioner or, in prescribed cases, by an occupational medicine practitioner; (xxxiv)
. (xxx). "Minister" means the Minister of Manpower; (xxxv) 15 (xxxi) "occupational health" includes occupational hygiene, occupational
medicine and biological monitoring; (viii)· (xxxii) "occupational health practitioner" means an occupational medicine
practitioner or a person who holds a qualification in occupational health recognized as such by the South African Medical and Dental 20 Council as referred to in the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), or the South African Nursing Council as referred to in the Nursing Act, 1978 (Act No. 50 of 1978); (ix)
(xxxiii) "occupational hygiene" means the anticipation, recognition, eval- 25 uation and control of conditions arising in or from the workplace, which may cause illness or adverse health effects to persons; (x)
(xxxiv) ,"occupational medicine" means the prevention, diagnosis and treatment of illness, injury and adverse health effects associated
. with a particular type of work; (vi) 30 (xxxv) "occupational medicine practitioner" means a medical practitioner
as . defined in the Medical, Dental and Supplementary Health Service Professions Act; 1974 (Act No. 56 of 1974), who holds a qualification in occupational medicine or an equivalent qualifica- tion which qualification or equivalent is recognized as such by the 35 South African Medical and Dental Council referred to in the said Act; (vii)
(xxxvi) ~'office" means an office as defined in section 1(1) of the Basic Conditions of Employment Act, 1983 (Act No.3 of 1983); (xxxi)
(xxxvii) "officer'·' means an officer or employee as defined in section 1(1) of 40 .· the Public Service Act, 1984 (Act No. 111 of 1984); (i)
(xxxviii) "organism" means any biological entity which is capable of causing illness to persons; (xxxviii)
(xxxix) "plant" includes fixtures, fittings, implements, equipment, tools and appliances, and anything which· is used. for any purpose in 45
(xl) connection with such plant; (iii) . · · "premises" includes any building, vehicle_, vessel, train or aircraft; (xxxix) ·
(xli) · "prescribed". means prescribed by regulation; (xlix) (xlii) "properly used" means used with reasonable care, and with due 50
regard to any information, instruction or advice supplied by the designer, manufacturer, importer, seller or supplier; (iv)
(xliii) "reasonably practicable" means practicable having regard to- (a) the severity and scope of the hazard or risk concerned; (b) the state of knowledge reasonably available concerning that 55
. hazard or risk and of any means of removing or mitigating that hazard or risk;
(c) the availability and suitability of means to remove or mitigate that hazard or risk; and
(d) the cost of removing or mitigating that hazard or risk in relation 60 to the benefits deriving therefrom; (xlii)
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Act No. 85, 1993 OCCUPATIONAL HEALTH AND SAFETY ACT,l993
(xliv) "regulation" means a regulation made under section 43; (xliii) (xlv) "remuneration" means any payment in money or in kind or both in
money and in kind, made or owing to any person in pursuance of such person's employment; (v)
(xi vi) ~'risk" means the probability that injury or damage will occur; (xliv) 5 (xlvii) .. "safe" means free from any hazard; (xi vii)
(xlviii) "sell" includes- ( a) offer or display for sale or import into the Republic for sale; or (b) exchange, donate, lease or offer or display for leasing; (xlviii)
(xlix) "shop" means a shop as defined in section 1(1) of the Basic 10 Conditions of Employment Act, 1983 (Act No. 3 of1983); (lv)
(I) "standard",means any provision occurring- ( a) in a specification, compulsory specification, code of practice or
standard method as defined in section 1 of the Standards Act, 1993 (Act No. 29 of 1993); or 15
(b) in any specification, code. or any other directive having standardization as its aim and issued by. an institution or organization inside or outside the Republic which, whether generally or with respect to any particular article or matter and whether internationally or in any particular country or terri- 20 tory, seeks to promote standardization; (xlv)
(li) ·~substance" includes any solid, liquid, vapour, gas or aerosol, or combination thereof; (xlvi)
(Iii) "this Act" includes any regulation; (xxv) (!iii) "user", in relation to plant or machinery, means the person who 25
uses plant or machinery for his own benefit or who has the right of control over the use of plant or machinery, but does not include a lessor of, or.any person employed in connection with, that plant or machinery; (xvi)
(liv) "work" means work as an employee or as a self-employed person, 30 and for such purpose an employee is deemed to be at work during the time that he is in the course of his employment, and a self-employed person is deemed to be at work during such time as he devotes to work as a self-employed person; (li)
(lv) "workplace" means any premises or place where a person performs 35 work in the course of his employment. (liv)
(2) The Minister may by notice in the Gazette declare that a person belonging to a category of persons specified in the notice shall for the purposes of this Act or any provision thereof be deemed to be an employee, and thereupon any person vested and charged with the control and supervision of the said person shall for the 40 said purposes be deemed to be the employer of such person.
(3) This Act shall not apply in respect of- , ·(a) a mine, a mining area or any works as defined in the Minerals Act, 1991
(Act No. 50 ofJ991), except in so far as that Act provides otherwise; (b) any load line ship (including a ship holding a load line exemption 45
certificate); fishing boat, sealing boat and whaling boat as defined in section 2(1) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), or any floating crane, whether or. not such ship, boat or crane is in or out of the water within any harbour in the Republic or within the territorial waters thereof, · 50
or. in.respect of any person present on or in any such mine, mining area, works, ship, boat or crane.
10 No. 14918 GOVERNMENT GAZETIE, 2 JULY 1993
Act No. 85, 1993 · OCCUPATIONAL HEALTII AND SAFETY ACf, 1993
Establishment of Advisory Council for Occupational Health and Safety
2. There is hereby established an Advisory Council for Occupational Health and Safety.
Functions of Council
3. (1) The Council shall- 5 (a) ·advise the Minister with regard to-
, ' (i) matters of policy arising out of or in connection with the application of the provisions of this Act;
(ii) any matter relating to occupational health and safety; ·(b) perform the functions assigned to it by this Act or referred to it by the 10
Minister. · : (2) The Council may-
( a) with a view to the performance 'of its functions, do such research and conduct such investigations as it may deem necessary;
(b) make rules relating to the calling of meetings of the Council, the 15 determining of a quorum for and the procedure at such meetings, and generally relating to all matters which may be necessary for the effective performance of the functions of the Council or, subject to section 6, of a technical committee; ' .
(c) advise the Department concerning- 20 (i) 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 occupa- tional health and safety; ·
(ii) the promotion of education and training in occupational health and 25 safety; and ·
(iii) the collection and dissemination of information on occupational health and safety.
(3) The Council may for the purposes of the performance of any of its functions, with the approval of the Minister, and with the concurrence of the Minister of 30 State Expenditure, enter into an agreement for the performance of a particular act or particular work or for the rendering of a particular service, on such conditions and at such remuneration as may be agreed Upon, with anybody who in the opinion of the Council is fit to perform such act or work or to render such service.
( 4) Subject to the laws governing the Public Service, the Minister shall provide 35 the. Council with. such personnel• as he may deem necessary for the effective performance of the functions of the Council, and such persons shall perform their functions subject to the control and directio~s of the chief inspect.or.
Constitution of Council
'4. (1) The Council shall consist of 20 members, namely--:- . 40 '' (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 EnergyAffairs; 45 (f) six persons to represent the interests of employers;· (g) six persons to represent the interests of employees; ' .. (h) one person who in the opinion of the Minister has knowledge of
occupational safety matte~s; · . . · · (i) one person who in the opinion of the Minister has knowledge of 50
· occupational medicine and who was recommendedby the Minister for National Health and Welfare; · ·
' · (j) one person who in the opinion of the Minister has knowledge of occupational hygiene. ·
(2) The members referred to in subsection (1)(b) up to and including (j) shall be 55 appointed by the Minister. · ·
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Act No. 85, 1993 OCCUPATIONAL HEAL Til AND SAFETY ACf, 1993
Period of office and remuneration of members of Council
5. (1) The members ofthe Council referred to in section 4(2) shall be appointed for a period of three years, and on such conditions as the Minister may determine with the concurrence of the Minister of State Expenditure.
(2) Any person whose period of office as a member of the Council has expired 5 shall be eligible for reappointment.
(3) A member referred to in section 4(1)(.f), (g), (h), (i) or (j) who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure. 10
Establishment of technical committees of Council
6. (1) The Council may with the approval of the Minist~~ establish one or more technical committees to advise the Council on any matter regarding the performance by the Council of its functions. . .
(2) A member of a technical committee shall be appointed by the Council by 15 reason of his knowledge of the matter for which the committee is established, and such a member need not be a member. of the Council.. , . (3) A meeting of a technical committee shall be held at such time and place as
may be determined by the chairman of the Council, and in accordance with rules approved by the Council. . 20
(4) A member of a technical committee who is not an officer may be paid from money appropriated for such purpose by Parliament such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
Health and safety policy
7. (1) The chief inspector may direct~ , 25 (a) any employer in writing; and :' .
. (b) any category of employers by notice in the Gazette, to prepare a written policy concerning the protection of the health and safety of his. employees at work, including . a description of his organization and the arrangementsfor carrying out and reviewing that policy. · 30 . (2) Any direction under subsection (1) shall be accompanied by guide-lines
concerning the contents of the policy concerned. (3) An employer shall prominently display a copy of the policy referred to in
subsection (1), signed by the chief executive officer, in the workplace where his employees normally report for service. . 35
General duties of employers to their employees
8. (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. · ·
(2) Without derogating from the generality of an employer's duties under 40 subsection (1), the matters to which those duties refer include in particular-
( a) 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;
(b) taking such steps as may be reasonably practicable to eliminate or 45 mitigate any hazard or potential hazard . to the safety or health of employees, before resorting to personal protective equipment;
(c) making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or 50
. substances; · (d) establishing, as far as is reasonably practicable, what hazards to the
health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his 55 business, and he shall, as far as is reasonably practicable, further
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Act No. 85, 1993 OCCUPATIONALHEALTHANDSAFETY ACT,1993
establish what precautionary measures should be .taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures;
(e) providing such information, instructions, training and supervision as 5 may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees;
(f) as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article
· or substance or to operate any plant or machinery, unless the 10 precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed,- have been taken; . _
(g) taking all necessary measures to ensure that the requirements of this Act are complied with by every person in his employment or on premises 15 under his control where plant or machinery is used;
(h) enforcing such measures as may be necessary in the interest of health and safety; · · · ·
(i) ensuring that work is performed and that plant or machinery is used under the general supervision of a person trained to understand the 20 hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and
(j) causing all employees to be informed regarding the scope of their authority as contemplated in section 37(1)(b).
''' General duties of employers and self-employed persons to persons other than their 25 employees ·
9. (1) 'Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety. · · · · 30
(2) Every self-employed person shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety.
General duties of manufacturers and others regarding articles and substances for 35 use at work
. 10. (1) Any person who designs, manufactures, imports, sells or supplies any article for use at work shall ensure, as far as is reasonably practicable, that the article is safe and without risks to health when properly used and that it complies with all prescribed requirements. 40
(2) Any person who erects or installs any article for use at work on or in any premises shall ensure, as far as is reasonably practicable, that nothing about the manner in which it is erected or installed makes it unsafe or creates a risk to health when properly used.
(3) Any person who manufactures, imports, sells or supplies any substance for 45 use at work shall-·
. (a) ensure, as far as is reasonably practicable, that the substance is safe and . without risks to health when properly used; and
(b) take such steps as may be necessary to ensure that information is available with regard to the use of the substance at work, the risks to 50 health and safety associated with such substance, the conditions
. necessary to ensure that the substance will be safe and without risks to health when properly used and the procedures to be followed in the case of an accident involving such substance. ,
(4) Where a person designs, manufactures, imports, sells or supplies an article 55 or substance for or to another person and that other person undertakes in writing
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Act No. 85, 1993 OCCUPATIONAL HEALTH AND SAFETY ACT,1993
to take specified steps sufficient to ensure, as far as is reasonably practicable, that the article or substance will comply with all prescribed requirements and will be safe and without risks to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed upon him by this section to such an extent as may be reasonable having regard to the terms 5 of the undertaking.
Listed work
··11. (1) The Minister may, subject to the provisions of subsections (2) and (3), by notice in the Gazette declare any work, under th