Occupational Health and Safety Act, 1993

 

To provide for the health and safety of persons at work and for the health and safety of persons in connection with the use of plant and machinery; the protection of persons other than persons at work against hazards to health and safety arising out of or in connection with the activities of persons at work; to establish an advisory council for occupational health and safety; and to provide for matters connected therewith.

 

 

Latest Developments:

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with the Repeal of Explosives Regulations, 2002 and new Explosives Regulations, 2024 with Guidelines, as per Notice No. R.5048 of GG50960 dated 23 July 2024.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with the Amendment of Regulations under R.1196 of 2020 - Asbestos Abatement Regulations 2020, as per Notice No. R.5042 of GG50930 dated 12 July 2024.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with the Repeal of Notice R.692 of 2001 and new Major Hazard Installation Regulations, 2022, as per Notice No. R.2989 of GG47970 dated 31 January 2023.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with Amendments to Notice No. R.1887 of 16 March 2022: Regulations for Hazardous Biological Agents 2022, as per Notice No. R.2693 of GG47413 dated 31 October 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with Amendments to Notice No. R.2091 of 20 May 2022: Commercial Diving Regulation 2022, as per Notice No. R.2692 of GG47413 dated 31 October 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with the Incorporation of Safety Standards: Lift, Escalator & Passenger Conveyor Regs 2010 (set under Guidance Notes), as per Notice No. 2683 of GG47373 dated 28 October 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with the National Code of Practice for Electrical Machinery in Hazardous Locations: Regulatory requirements for explosion-protected apparatus, as per Notice No. 2398 of GG46750 dated 19 August 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated with Schedule of Fees to register entities with Department of Employment Labour as from 1 July 2022, as per Notice No. R.2317 of GG47109 dated 29 July 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with a Notice of Direction in terms of Section 27(2) of the Act, read with Regulation 3(11) of the Commercial Diving Regulations – Renewal of Diving entities previously issued by the Department of Employment and Labour, as per Notice No. R.2242 of GG46669 dated 6 July 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with a Notice regarding Implementation of Regulation 8 of the Commercial Diving Regulations, 2022, as per Notice No. R.2241 of GG46668 dated 6 July 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with the Withdrawal of Notice R.1390 of 2001 and new Regulations for Hazardous Biological Agents, 2022, as per Notice No. R.1887 of GG46051 dated 16 March 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with Amendments to the Asbestos Abatement Regulations, 2020 under Notice No. R.1196 of 2020, as per Notice No. R. 2092 of GG46380 dated 20 May 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with the Repeal of Notice R.41 of 2009 and new Commercial Diving Regulations, 2022, as per Notice No. R. 2091 of GG46380 dated 20 May 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated with a Notice regarding Implementation of Regulations 14, 14A, 14B, 14C and 14D of the Regulations for Hazardous Chemical Agents, 2021 as amended, as per Notice No. 2056 of GG46299 dated 29 April 2022.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by the publication of a Correction Notice to Regulations under R.1399 of 24 December 2020- Code of Practice for Commercial Zipline and Aerial Adventure Parks, as per Notice No. 1033 of GG45328 dated 15 October 2021.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by the publication of a Notice of Direction in terms of Section 27(2) of the Act, read with Regulation 3(4) of the general Safety Regulations, as per Notice No. R328 of GG44663 dated 4 June 2021.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by publishing Regulations for Hazardous Chemical Agents, 2020 and repeals Hazardous Chemical Substances Regulations, 1994 Notice R. 1179 GG 25130, dated 25 August 1995, as per Notice No. R280 of GG44348 dated 29 March 2021.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by publishing updates to Driven Machinery Regulations, 2015 : Commercial Zip line and Aerial Adventure Parks, as per Notice No. R1399 of GG44029 dated 24 December 2020.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by the publication of the Asbestos Abatement Regulations, 2020 and the repealing of Asbestos Regulations, 2001, as per Notice No. R1196 of GG43893 dated 10 November 2020.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by publishing Ergonomics Regulations, 2018 as per Notice R. 1589 of GG 42894, dated 6 December 2019.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated for the Implementation of Ergonomics Risk Assessment and Medical Surveillance in terms of Regulations 6 and 8 of the Ergonomics Regulations of 2019, respectfully, as per Notice No. 683 of GG43447 dated 19 June 2019.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by the Notice of Direction ito Sec 27(2) of the Act, read with Reg 3(4) of the General Safety Regulations, as per Notice No. 682 of GG43447 dated 19 June 2019.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by Regulations, Driven Machinery Regulations, 2015, Notices, Notice of Withdrawal of Certificates (without expiry date) Issued to Training Providers as per Notice No. R. 12 of GG42163 dated 18 January 2019.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated by the amendment of the schedule in the Lift, Escalator and Passenger Conveyor Regulations, 2010, Incorporation of Safety Standards by Notice No. R.484 dated 11 May 2018.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been updated by the amendment of the schedule in the Driven Machinery Regulations, 2015, Incorporation of Safety Standards by Notice No. R.483 dated 11 May 2018.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Guidance Notes to the Pressure Equipment Regulations July 2009, Notice No. 1265, Government Gazette 41256, dated 17 November 2017.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by the addition of Regulations - Noise-induced Hearing Loss Regulations, 2003, Notices - Inclusion of Noise Monitoring by means of Personal Dosimetry in Regulation 7 of the Noise Induced Hearing Loss Regulations as per GG 41065, Notice No. R. 889 dated 25 August 2017.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Guidelines for Driven Machinery Regulations, 2015, Notice No. R. 288, Government Gazette 40734, dated 31 March 2017.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Incorporation of Health and Safety Standards into the Pressure Equipment Regulations, 2009, Notice No. R. 262, Government Gazette 40713, dated 24 March 2017.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Code of Practice for Existing Goods Hoists Installations, Lift, Escalator and Passenger Conveyor Regulations, 2010, Notice No. R. 94, dated 3 February 2017.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Incorporation of Safety Lift, Escalator and Passenger Conveyor Regulations, 2010, Notice No. R. 256, Government Gazette 39817, dated 16 March 2016.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Incorporation of Safety Standards into Electrical Installation Regulations, 2009, Notice No. 1225, Government Gazette 39504, dated 11 December 2015.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Notice of Inclusion in terms of Section 43(1)(b)(xii) of the Occupational Health and Safety Act, 1993, Notice No. 758, Government Gazette 39128, dated 21 August 2015.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been amended by Government Gazette 39025, Notice No. 641, Notice Regarding Application for Construction Work Permit of Construction Work in terms of the Construction Regulations 2014, dated 24 July 2015.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Incorporation of Health and Safety Standard in terms of Section 44(1) of Occupational Health and Safety Act, 1993, Driven Machinery Regulations 18(11), Notice No. R. 539, Government Gazette 38904, dated 24 June 2015.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Government Gazette 37305, Notice No. R. 84, Construction Regulations, 2014, dated 7 February 2014.

 

The Occupational Health and Safety Act, 1993, (Act No. 85 of 1993) has been amended by Government Gazette 37491, Notice No. R. 227, Notice Regarding Application of the Construction Regulations 2014.

 

The Occupational Health and Safety Act, 1993, (Act No. 85 of 1993) has been amended by Government Gazette 37305, Notice No. R. 84, Construction Regulations, 2014.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been updated by Government Gazette 35536 dated 27 July 2012 – Notice R. 570; Notice of Exemption.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Guidance Notes on the Electrical Installation Regulations, 2009, Notice No. 258 of 2012, Government Gazette 35180, dated 26 March 2012.

 

The Act has been updated with Electrical Machinery Regulations" (Government Gazette No. 34154 dated 25 March 2011

f

JUNE 2010

 

The Diving Regulations, 2001 have been repealed by the Diving Regulations, 2009 (Notice No. R. 41-Government Gazette No. 32907 dated 29 January 2010).The Diving Regulations, 2009 have been added to the Act.

 

The Act has been updated by Notice No. R. 7 –- being "Health and Safety of Children at Work Regulations" and "Regulations on Hazardous Work by Children" (Government Gazette No. 32862 dated 15 January 2010

 

The Act has been updated with Notice No. 66 of 2010 – Occupational Exposure Limit for Silica in Table 1 of the Hazardous Chemical Substances Regulations – printed in Government Gazette No. 32930 dated 5 February 2010.

 

This Act has been updated by Notice no. R735 of 2009 and Pressure Equipment Regulations published in Government Gazette No. 32395 dated 15 July 2009. These Regulations come into effect on 1 October 2009 and repeal the Vessels under Pressure Regulations, 1996.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) has been amended by Occupational Health and Safety Act, 1993, Electrical Installation Regulations, Notice No. R. 242, Government Gazette 31975, dated 6 March 2009.

 

The Act has been updated by the addition of Electrical Installation Regulations, 2009, published in Government Gazette No. 31975 dated 6 March 2009, which repeal the previous Electrical Installation Regulations dated 1992, and the inclusion of a Notice of Incorporation of Safety Standards.

 

The Act has been updated with Government Notices No. R. 257 of 7 March 2008 and R. 260 of 30 March 2007 – Driven Machinery Regulations, as well as Notice No. R.683 of 27 June 2008 – amendment to the Hazardous Chemical Substances Regulations.

 

The Occupational Health and Safety Act No. 85 of 1993 has been amended by the addition of a Code of Practice relating to Driven Machinery Regulations as published in Notice No. R. 145 in Government Gazette No.27292 dated 18 February 2005;

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) - Repeal of regulations —The Facilities Regulations promulgated by Government Notice No. R.2362 of October 1990 , are hereby repealed. [R. 11 corrected by GNR.1045 of 2004.]

 

The Occupational Health and Safety Act No. 85 of 1993 has been amended by the addition of a correction notice to Facilities Regulations as published in Notice No. R. 1045 in Government Gazette No. 26753 dated 10 September 2004;

The Facilities Regulations, 2004 have been added to the Act. (GG 26636, 3 August 2004)

The Construction Regulations, 2003 (GG 25207 18 July 2003) and the General Administrative Regulations, 2003 (GG 25129 25 June 2003) have both been added to the Act as well as amendments to the General Safety Regulations and Hazardous Chemical Substances Regulations (GG 25128 and 25130 both 25 June, 2003).

The Safety Standards contained in the Construction Regulations have been incorporated into the Act (also GG 25207).

The Noise Induced Hearing Loss Regulations have been added to the Act as gazetted in GG 24967 dated 7 March 2003.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been reviewed and Lead Regulations 2001 added by Notice No. R.236 of Government Gazette 23175 dated 28 February 2002.

 

 

The following Regulations have been added to the Act:

Major Hazard Installation Regulations (GG 22506, 30 July, 2001)

Asbestos Regulations, 2001 (Regulation Gazette 7276, 10 Feb 2002)

Diving Regulations, 2001 (Regulation Gazette 7243, 11 Jan 2001)

Explosives Regulations, 2002 (Regulation Gazette 7458, 17 Jan, 2003)

Hazardous Biological Agent Regulations (Regulation Gazette 7233, 27 Dec, 2001)

Lead Regulations, 2001 (Gazette 23175, 28 Feb 2002)

 

SABS 1543 and 1545 (Parts 1, 2 and 10) have been incorporated into the Lift, Escalator and Passenger Conveyor Regulations and GN 798 of 29-4-94 has been withdrawn. This was gazetted on 7 September, 2000 as GNR 875 in GG 21527.

The Minister of Labour has extended the period for commentary on the draft amended Asbestos Regulations to a period ending on 12 February 2000.

Draft Regulations for Hazardous Biological Agents have been added to the Act, as published in Gazette Number 20555 and dated 1 November 1999.Interested persons are invited to submit any substantiated comments or representations on the proposed regulations to the Director-General of Labour, Private Bag X117, Pretoria, 0001 (for the attention of the Chief Director: Occupational Health and Safety), within 90 days of 1 November 1999.

Draft Amended Regulations for Asbestos, Diving and Lead have been added to the Act, as published in Gazette Number 20325, 20360 and 20359 respectively, dated 16 August 1999.

The Draft Explosives Regulations were published for general information and comment on 24 February 1999 and have been included in the Act.

 

The Occupational Health and Safety Act, 1993 (Act No. 85 of 1993), has been reviewed and the Environmental Regulations for Workplaces, 1987 added by Notice No. R2281 of Government Gazette 10988 dated 16 October 1987.