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

Regulations

Health and Safety of Children at Work Regulations, 2010

12. Offences and penalties

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1)Any person who contravenes or fails to comply with any provision of these regulations shall be guilty of an offence and on conviction shall be liable to a fine or to imprisonment for a period of 12 months and, in the case of an continuing offence, to an additional fine of R200 or to additional imprisonment for each day on which the offence continues: Provided that the period of such additional imprisonment shall not exceed 90 days.

 

2)If a person is convicted of a offence under these regulations, and the action or omissions that constitutes the offence is also a worst form of child labour as defined in regulation 9 of the Regulations on Hazardous Work by Children, made in terms of the Basic Conditions of Employment Act, 1997, the court on convicting that person and determining a sentence must take into account that -
a)that South Africa has ratified Worst Forms of Child Labour Convention, 1999;
b)that the offence constitutes a worst form of child labour in terms of that Convention.