Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsMajor Hazard Installation Regulations, 202210. Risk assessment |
| (1) | A duty holder must, after consultation with the relevant health and safety representative or health and safety committee, ensure that an approved inspection authority carries out a risk assessment in accordance with SANS 1461 at intervals not exceeding five years or when there is a change in the establishment. |
| (2) | Every duty holder must— |
| (a) | inform the relevant health and safety representative or health and safety committee, in writing, of the arrangements made to carry out a risk assessment contemplated in subregulation (1); and |
| (b) | ensure that the results of the risk assessment are made available to the relevant health and safety representative or committee, who may comment thereon. |
| (3) | Where a risk assessment has been reviewed or revised, without a change to the establishment, the duty holder must submit an updated copy of the risk assessment report to the chief inspector, the relevant chief director: provincial operations and the relevant local government within 60 days. |
| (4) | Every duty holder must ensure that a copy of the most recent risk assessment report is available on site for inspection by an inspector or a local government. |
| (5) | Subregulation (1) shall not apply in the case of rolling stock in transit: Provided that the operator of a railway shall ensure— |
| (a) | that a risk assessment applicable to rolling stock in transit is carried out and made available for inspection at the request of an inspector or a local government or both that inspector and that local government, as the case may be; and |
| (b) | that, in the interest of the health and safety of the public, the necessary precautions are taken. |
| (6) | A duty holder shall ensure that the risk assessments contemplated in subregulations (1) and (3) be made available for scrutiny by any affected or interested person that may be affected by the activities of the establishment, at a time and place and in a manner agreed upon between the parties. |