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

Regulations

Asbestos Abatement Regulations, 2020

14. Disputes

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(1) The following provisions apply if uncertainty exists with regard to, or if a dispute arises concerning, the classification of type 1, 2 or 3 asbestos work under this regulation—
(a)The employer responsible for the work area where asbestos work is to be carried out must obtain the services of an approved inspection authority that must make a decision concerning the type of asbestos work; or
(b)the employer or self-employed  person responsible for the work area where asbestos work is to be carried out must refer the dispute to the chief inspector, who must make a decision concerning the type of asbestos work;
(c)the employer or self-employed person responsible for the work area, who notifies the approved inspection  authority or chief inspector, must promptly inform other parties that such authority or inspector has been notified;
(d)the approved inspection authority or chief   inspector must investigate the matter and give the parties a decision in writing within 30 days; and

(e)     the  asbestos  work  under  dispute  must  cease  until a decision under subregulation (2) is obtained.

 

(2) Should a dispute arise over the interpretation relating to matters in subregulation (1)(a), the affected person may appeal against the interpretation to the chief inspector.