Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)RegulationsExplosives Regulations, 202412. Supervision of explosives workplace |
(1)
| (a) | In order to ensure that the provisions of the Act and these regulations in relation to explosives workplaces are complied with, an employer, self-employed person or user must, subject to this regulation, in writing appoint a competent and certificated person, who is the holder of a valid explosives manager's certificate issued by chief inspector of occupational health and safety, and employed in a permanent and full-time capacity, to be explosives manager in respect of every workplace where explosives are being used, tested, stored or manufactured: Provided that the appointment of an explosives manager will not exempt the employer, self-employed person or user from any liability or responsibility contemplated in section 16 of the Act. |
| (b) | An explosives manager may perform other functions for the employer, provided they do not interfere with the person's obligations as an explosives manager. |
| (c) | The explosives manager must ensure that any preventative and mitigating measures recommended by the approved inspection authority as contemplated in regulation 9(b) are taken into account in addressing the identified risks. |
| (d) | In issuing a person with an explosives manager's certificate for any workplace, the chief inspector of occupational health and safety must have regard to the appropriateness of the person's training and experience in the health and safety aspects of explosives for the workplace concerned. |
| (2) | The chief inspector of occupational health and safety may, subject to the conditions that he or she may impose, permit an employer or user to appoint more than one person as explosives manager. |
| (3) | An employer or user must appoint, in a permanent and full-time capacity, one or more persons, who are suitably qualified and experienced, as supervisor(s) to assist the explosives manager. |
| (4) | An employer, self-employed person or user must ensure that— |
| (a) | the explosives manager, without derogating from any other duties imposed on him or her by the Act and these regulations— |
| (i) | approves in writing the rules, methods, materials, equipment and tools to be used in the danger area; |
| (ii) | ensures that all persons under his or her control are informed of the hazards related to their tasks and are thoroughly trained in safe work procedures, in particular with respect to explosive hazards such as shock, friction risk of fire or static electricity, and are familiar with the requirements of these regulations; |
| (iii) | stipulates in writing all protective clothing and equipment to be used in the danger area; and |
| (iv) | ensures that the processes and equipment specified in schedule licences are safe and appropriate for the manufacturing processes envisaged for the workplace. |
| (b) | the supervisor, without derogating from any other duties imposed on him or her by the Act and these regulations— |
| (i) | is at all times in a position to exercise control over the operations in the danger building; |
| (ii) | reports without delay to the explosives manager any plant or equipment under his or her control that has or may have posed a risk to the health and safety of persons; |
| (iii) | ensures that all rules implemented in the interest of the health and safety of persons are at all times complied with; and |
| (iv) | stops all explosives manufacturing or any work involving explosives if any risk is posed to the health or safety of persons. |