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

Regulations

Asbestos Abatement Regulations, 2020

12. Duties of registered asbestos contractor for asbestos work

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(1)In the case of type 2 and type 3 asbestos work, the registered asbestos contractor must—
(a)undertake only the type of asbestos work for which they  are registered by the chief inspector;
(b)appoint an occupational health and safety representative as contemplated in section 17 of the Act; and
(c)obtain a copy of an up-to-date inventory of asbestos in place from the asbestos client, prior to asbestos work taking place.

 

(2)Before commencement of any asbestos work and during such work, the registered asbestos contractor must ensure that—
(a)a risk assessment is performed that includes—
(i)identification of the hazards  to  which  persons may be exposed;
(ii)an assessment of the risks related to the hazards based on a documented method; and
(iii)documented control measures to mitigate the risk;
(b)the risk assessment contemplated in sub-regulation (a) is reviewed—
(i)at regular documented intervals;
(ii)when an incident has occurred; and
(iii)when the scope of work changes ; and
(c)an up-to-date copy of the risk assessment is made available at the relevant asbestos work site.

 

(3)The registered asbestos contractor must—
(a)ensure that the approved plan of work is submitted to the Chief Director: Provincial Operations at least seven days prior to commencement of asbestos work;
(b)appoint in writing an asbestos removal supervisor for each asbestos work  site, who must ensure—
(i)occupational health and safety compliance on the asbestos removal site;
(ii)compliance with safe asbestos removal or repair procedures;
(iii)the correct use of personal protective equipment; and
(iv)proper decontamination and waste disposal;
(c)adhere to the repair or removal methodology and associated control measures provided in the plan of work approved for that specific asbestos work;
(d)ensure  that  the  employee  medical  and  training  records  are available on site for inspection and validation;
(e)ensure that at least the following information for every employee is recorded and kept for a minimum period of 50 years—
(i)Physical address of every asbestos wok project; and
(ii)names and identification numbers of employees potentially exposed;
(f)before commencement of asbestos work, ensure that—
(i)an approved inspection authority has been appointed  in writing by the asbestos client; and
(ii)the registered asbestos contractor is registered and in good standing with the Compensation Fund or with a licensed compensation insurer as contemplated in the Compensation for Occupational Injuries and Diseases Act, 1993; and
(g)where a fatality or permanent disabling injury occurs during asbestos work, ensure that a report about the fatality or injury is provided to the Chief Director: Provincial Operations as contemplated in section 24 of the Act, and in accordance with regulations 8 and 9 of the General Administrative Regulations, 2003, and that the report includes the measures  that the contractor intends to implement to ensure safe asbestos work.