Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsAsbestos Abatement Regulations, 20203. Identification of asbestos in place |
An employer or self-employed person must, as far as is reasonably practicable—
| (a) | ensure that all asbestos-containing materials at the workplace are identified by a competent person; |
| (b) | if it is uncertain whether the suspected material contains asbestos, either deem the material to be asbestos-containing material or arrange for a sample of that material to be analysed for the presence of asbestos by a laboratory competent to carry out such analyses; |
| (c) | if part of the workplace is inaccessible and considered by a competent person as likely to contain asbestos, assume that asbestos is present in that area; |
| (d) | if no asbestos is identified as per sub-regulations (a), (b) and (c), ensure that the asbestos-free status of the workplace is substantiated in writing by a competent person: Provided that sub-regulation (d) does not apply to an employer who occupies or uses a structure as defined in the Construction Regulations, 2003, published as Government Notice R.1010 in Gazette No. 25207 of 18 Ju ly 2003, where construction commenced at least three years after promulgation of the Regulations for the Prohibition of the Use, Manufactur ing, Import and Export of Asbestos and Asbestos-containing Materials, 2007, published as Government Notice R.341 in Gazette No. 30904 of 28 March 2008, under section 248 of the Environment Conservation Act, 1989 (Act No. 73 of 1989). |