Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsMajor Hazard Installation Regulations, 20221. Definitions |
In these Regulations, a word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context otherwise indicates—
means a person, group of persons or organisations interested in or affected by an establishment and an organ of state that has jurisdiction over an establishment;
means—
| (a) | a modification in the methods, equipment or procedures in use or the handling or processing of dangerous substances in the establishment that may increase the establishment's risk profile; |
| (b) | an increase or decrease in the quantity of dangerous substances contemplated in Chapters 1 and 2 that results in the establishment being classified as a major hazard installation where— |
| (i) | a low hazard establishment becomes a medium hazard establishment or vice versa; |
| (ii) | a medium hazard establishment becomes a high hazard establishment or vice versa; |
| (iii) | a low hazard establishment becomes a high hazard establishment or vice versa; or |
| (iv) | an installation below the low hazard establishment threshold becomes a low, medium or high hazard establishment; |
| (c) | when an emergency plan is brought into action for a major incident; |
means substances or mixtures used or present at the workplace that could, if not properly controlled, cause harm to people, the environment and property as a result of loss of containment, fire or explosion;
means a notice, or a recommendation an instruction served by an inspector in writing;
means an employer, a self-employed person, a user or a pipeline operator who is in control of an establishment;
means a major hazard installation under the control of a duty holder where Chapter 1, 2 or 3 dangerous substances are present;
means a plan contemplated in regulation 15;
means an establishment where dangerous substances are present in quantities listed in Chapter 1, 2 or 3;
means—
| (a) | an establishment where Chapter 1 or 2 dangerous substances are present in quantities equal to or in excess of the quantities listed in column 3 of Chapter 1 or 2; and |
| (b) | pipelines contemplated in Chapter 3; |
means the zone where other installations or neighbours could be affected due to a major incident;
means a technical unit within an establishment, above or below ground level, in which substances are produced, used and stored and which includes all the equipment, structures, pipework, machinery, tools, railway sidings and quays, warehouses and similar structures necessary for the operation of that installation;
means an establishment where Chapter 1 or 2 dangerous substances are present and the quantity is equal to or exceeds the quantity in column 1 but is less than quantities listed in column 2 of Chapter 1 or 2;
means a licence contemplated in regulation 13;
means a policy contemplated in regulation 11;
means an establishment where Chapter 1 or 2 dangerous substances are present and the quantity is equal to or exceeds the quantity in column 2, but is less than the quantity in column 3 of Chapter 1 or 2;
means an event (causing damage to property, a negative impact on the environment or loss of human life) or operational interruption that could plausibly have resulted if the circumstances had been slightly different;
means an establishment which, after the date of entry into force of these Regulations, is erected or declared to be an establishment;
in relation to a given dangerous substance or a category or categories, means a quantity equal to the value set out in Annexure A;
means a system contemplated in regulation 11(3)(h);
means a person designated, in writing, by a duty holder to be responsible, in a full-time capacity, for the premises on which an establishment is operated;
means the process contemplated in regulation 10;
means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);
means a time or place in which dangerous substances are transported by rail, road, waterways or airways, which may be between planned points of departure and arrival;
means a document aligned to globally harmonised systems, that provides information on the hazard classification, properties of hazardous chemicals and procedures for the handling of, or working with, hazardous chemicals in a safe manner and how hazardous chemicals affect health and safety in the workplace;
means a report contemplated in regulation 12;
means South African National Standard: Major Hazard Installation – Risk Assessments, as amended from time to time;
means South African National Standard: Major Hazard Installation: Emergency Response Planning, as amended from time to time;
means the dangerous substance four-figure identification number in the United Nations Transport of Dangerous Goods – Model Regulations, as amended from time to time;
means Part III of the United Nations classification procedures, tests methods and criteria relating to class 2, class 3 and class 4, division 5.1, class 8 and class 9, as amended from time to time;
means guidance documents developed by the United Nations to harmonise dangerous goods transport regulations, as amended from time to time, commonly known as the UN Orange Book.