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

Regulations

Asbestos Abatement Regulations, 2020

23. Records

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An employer must—

 

(a)keep records of all inventories of asbestos in place, asbestos risk assessments, air monitoring results, medical surveillance reports, disposal certificates and clearance certificates as required by regulations 4, 5, 16, 17, 21(d) and 22 (d), respectively: Provided that personal medical records may be made available to only an occupational health practitioner;
(b)subject to sub-regulation (c), make the records contemplated in sub-regulation (a), excluding personal medical records, available for inspection by an inspector;
(c)allow any person, subject to formal written consent by an employee, to peruse the records with respect to that particular employee;
(d)make the records of all assessments, surveys and air monitoring results, and the asbestos inventory, available for perusal by the relevant health and safety representative or relevant health and safety committee;
(e)     keep all records contemplated in sub-regulation (a) for a minimum period of 50 years;
(f)   hand over or forward by registered post all records contemplated in sub-regulation (a) to the relevant Chief Director: Provincial Operations, if the employer ceases activities relating to asbestos work;
(g)keep a record of training given to an employee in terms  of regulation 7 for as long as the employee remains employed at the workplace where the employee is potentially exposed to asbestos.