Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsMajor Hazard Installation Regulations, 20228. Revocation or suspension of registration |
| (1) | The inspector may issue a direction instructing the duty holder immediately to comply with the requirements specified in the direction, if the premises of the registered major hazard installation become unfit for occupation or use because of a— |
| (a) | failure by the duty holder to ensure that work is carried out safely; or |
| (b) | change effected on the establishment without notifying the chief inspector, the chief director: provincial operations and the local government; or |
| (c) | new hazardous fact or circumstance that was not present when the establishment was registered. |
| (2) | The chief inspector may revoke the registration if— |
| (a) | the duty holder fails to comply with the issued direction; |
| (b) | the chief inspector has established that the duty holder has contravened a condition of registration; or |
| (c) | the inspector has proven that the duty holder has ceased occupation or use of the premises as an establishment. |
| (3) | An inspector must, before advising the chief inspector to revoke or suspend the registration of an establishment as contemplated in subregulations (2) and (3)— |
| (a) | issue to the duty holder a direction, in writing, of the intention to revoke or suspend the registration; and |
| (b) | give the duty holder a reasonable opportunity to submit reasons as to why the registration should not be revoked or suspended. |
| (4) | The revocation or suspension of registration does not take effect— |
| (a) | until the expiration of 21 days after the date on which direction of the chief inspector's intention to revoke or suspend the registration was given to the duty holder as contemplated in subregulation (4)(a); or |
| (b) | where an appeal against the decision of the chief inspector is made to the Labour Court in terms of section 35 of the Act, until the appeal has been determined or withdrawn. |
| (5) | An inspector may advise the chief inspector at any time, and for a valid reason, to shorten the period for which the registration is suspended. |