Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsAsbestos Abatement Regulations, 202012. Duties of registered asbestos contractor for asbestos work |
| (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. |